PART 91—GENERAL OPERATING
14 CFR Ch. I (1–1–25 Edition) § 89.545
(2) A petition to reconsider the re-
PART 91—GENERAL OPERATING
scission of the Administrator’s accept-
AND FLIGHT RULES
ance of a declaration of compliance must show that the petitioner is an in- S PECIAL F EDERAL A VIATION R EGULATION N O .
terested party and has been adversely 50–2 affected by the decision of the FAA.
S PECIAL F EDERAL A VIATION R EGULATION N O .
The petition must also demonstrate at least one of the following: S PECIAL F EDERAL A VIATION R EGULATION N O .
(i) The petitioner adduces a signifi- S PECIAL F EDERAL A VIATION R EGULATION N O .
cant additional fact not previously pre- sented to the FAA.
(ii) The Administrator made a mate- Subpart A—General rial error of fact in the decision to re- scind acceptance of the declaration of Sec.
91.1 Applicability.
compliance.
91.3 Responsibility and authority of the (iii) The Administrator did not cor- pilot in command.
rectly interpret a law, regulation, or 91.5 Pilot in command of aircraft requiring precedent.
more than one required pilot.
(3) Upon consideration of the infor- 91.7 Civil aircraft airworthiness.
mation submitted by the petitioner, 91.9 Civil aircraft flight manual, marking, the Administrator will notify the peti- and placard requirements.
91.11 Prohibition on interference with crew- tioner and the person who submitted members.
the declaration of compliance (if dif- 91.13 Careless or reckless operation.
ferent) of the decision on whether to 91.15 Dropping objects.
reinstate the Administrator’s accept- 91.17 Alcohol or drugs.
ance of the declaration of compliance.
91.19 Carriage of narcotic drugs, marihuana, (c) Inapplicability of part 13, subpart D, and depressant or stimulant drugs or of this chapter. Part 13, subpart D, of substances.
this chapter does not apply to the pro- 91.21 Portable electronic devices.
91.23 Truth-in-leasing clause requirement in cedures of paragraphs (a) and (b) of this leases and conditional sales contracts.
section.
91.25 Aviation Safety Reporting Program: Prohibition against use of reports for en- § 89.545 Record retention.
forcement purposes.
A person who submits a declaration 91.27–91.99 [Reserved] of compliance under this subpart that Subpart B—Flight Rules is accepted by the Administrator must retain the following information for as G ENERAL long as the standard remote identifica- 91.101 Applicability.
tion unmanned aircraft or remote iden- 91.103 Preflight action.
tification broadcast module listed on 91.105 Flight crewmembers at stations.
that declaration of compliance is pro- 91.107 Use of safety belts, shoulder har- duced plus an additional 24 calendar nesses, and child restraint systems.
months, and must make available for 91.108 Use of supplemental restraint sys- inspection by the Administrator the tems.
91.109 Flight instruction; Simulated instru- following: ment flight and certain flight tests.
(a) The means of compliance, all doc- 91.111 Operating near other aircraft.
umentation, and substantiating data 91.113 Right-of-way rules: Except water op- related to the means of compliance erations.
used.
91.115 Right-of-way rules: Water operations.
(b) Records of all test results.
91.117 Aircraft speed.
(c) Any other information necessary 91.119 Minimum safe altitudes: General.
to demonstrate compliance with the 91.121 Altimeter settings.
91.123 Compliance with ATC clearances and means of compliance so that the stand- instructions.
ard remote identification unmanned 91.125 ATC light signals.
aircraft or remote identification broad- 91.126 Operating on or in the vicinity of an cast module meets the remote identi- airport in Class G airspace.
fication requirements and the design 91.127 Operating on or in the vicinity of an and production requirements of this airport in Class E airspace.
part. 91.129 Operations in Class D airspace.
Federal Aviation Administration, DOT Pt. 91
91.130 Operations in Class C airspace. 91.191 Category II and Category III manual.
91.131 Operations in Class B airspace. 91.193 Certificate of authorization for cer- 91.133 Restricted and prohibited areas. tain Category II operations.
91.135 Operations in Class A airspace.
91.195–91.199 [Reserved] 91.137 Temporary flight restrictions in the vicinity of disaster/hazard areas.
Subpart C—Equipment, Instrument, and 91.138 Temporary flight restrictions in na- Certificate Requirements tional disaster areas in the State of Ha- waii. 91.201 [Reserved] 91.139 Emergency air traffic rules. 91.203 Civil aircraft: Certifications required.
91.141 Flight restrictions in the proximity 91.205 Powered civil aircraft with standard of the Presidential and other parties. category U.S. airworthiness certificates: 91.143 Flight limitation in the proximity of Instrument and equipment requirements.
space flight operations. 91.207 Emergency locator transmitters.
91.144 Temporary restriction on flight oper- 91.209 Aircraft lights.
ations during abnormally high baro- 91.211 Supplemental oxygen.
metric pressure conditions. 91.213 Inoperative instruments and equip- 91.145 Management of aircraft operations in ment.
the vicinity of aerial demonstrations and 91.215 ATC transponder and altitude report- major sporting events.
ing equipment and use.
91.146 Passenger-carrying flights for the 91.217 Data correspondence between auto- benefit of a charitable, nonprofit, or matically reported pressure altitude data community event.
and the pilot’s altitude reference.
91.147 Passenger-carrying flights for com- 91.219 Altitude alerting system or device: pensation or hire.
Turbojet-powered civil airplanes.
91.148–91.149 [Reserved] 91.221 Traffic alert and collision avoidance system equipment and use.
V ISUAL F LIGHT R ULES 91.223 Terrain awareness and warning sys- 91.151 Fuel requirements for flight in VFR tem.
91.225 Automatic Dependent Surveillance- conditions.
Broadcast (ADS–B) Out equipment and 91.153 VFR flight plan: Information re- quired. use.
91.155 Basic VFR weather minimums. 91.227 Automatic Dependent Surveillance- 91.157 Special VFR weather minimums. Broadcast (ADS–B) Out equipment per- 91.159 VFR cruising altitude or flight level. formance requirements.
91.161 Special awareness training required 91.228–91.299 [Reserved] for pilots flying under visual flight rules within a 60-nautical mile radius of the Subpart D—Special Flight Operations Washington, DC VOR/DME.
91.301 [Reserved] 91.162–91.165 [Reserved] 91.303 Aerobatic flight.
I NSTRUMENT F LIGHT R ULES 91.305 Flight test areas.
91.307 Parachutes and parachuting.
91.167 Fuel requirements for flight in IFR 91.309 Towing: Gliders and unpowered ultra- conditions.
light vehicles.
91.169 IFR flight plan: Information required.
91.311 Towing: Other than under § 91.309.
91.171 VOR equipment check for IFR oper- 91.313 Restricted category civil aircraft: Op- ations.
erating limitations.
91.173 ATC clearance and flight plan re- 91.315 Limited category civil aircraft: Oper- quired.
ating limitations.
91.175 Takeoff and landing under IFR.
91.317 Provisionally certificated civil air- 91.176 Straight-in landing operations below craft: Operating limitations.
DA/DH or MDA using an enhanced flight 91.319 Aircraft having experimental certifi- vision system (EFVS) under IFR.
cates: Operating limitations.
91.177 Minimum altitudes for IFR oper- 91.321 Carriage of candidates in elections.
ations.
91.323 Increased maximum certificated 91.179 IFR cruising altitude or flight level.
weights for certain airplanes operated in 91.180 Operations within airspace des- Alaska.
ignated as Reduced Vertical Separation 91.325 Primary category aircraft: Operating Minimum airspace.
limitations.
91.181 Course to be flown.
91.326 Exception to operating certain air- 91.183 IFR communications.
91.185 IFR operations: Two-way radio com- craft for the purposes of flight training, munications failure. flightcrew member checking, or 91.187 Operation under IFR in controlled flightcrew member testing.
airspace: Malfunction reports. 91.327 Aircraft having a special airworthi- 91.189 Category II and III operations: Gen- ness certificate in the light-sport cat- eral operating rules. egory: Operating limitations.
Section 3
14 CFR Ch. I (1–1–25 Edition) § 91.191 § 91.191 Category II and Category III §§ 91.195–91.199 [Reserved] manual.
Subpart C—Equipment, Instru- (a) Except as provided in paragraph ment, and Certificate Re- (c) of this section, after August 4, 1997, no person may operate a U.S.-reg- quirements istered civil aircraft in a Category II or a Category III operation unless— S OURCE : Docket 18334, 54 FR 34304, Aug. 18, 1989, unless otherwise noted.
(1) There is available in the aircraft a current and approved Category II or § 91.201 [Reserved] Category III manual, as appropriate, for that aircraft; § 91.203 Civil aircraft: Certifications (2) The operation is conducted in ac- required.
cordance with the procedures, instruc- (a) Except as provided in § 91.715, no tions, and limitations in the appro- person may operate a civil aircraft un- priate manual; and less it has within it the following: (3) The instruments and equipment (1) An appropriate and current air- listed in the manual that are required worthiness certificate. Each U.S. air- for a particular Category II or Cat- worthiness certificate used to comply with this subparagraph (except a spe- egory III operation have been inspected cial flight permit, a copy of the appli- and maintained in accordance with the cable operations specifications issued maintenance program contained in the under § 21.197(c) of this chapter, appro- manual.
priate sections of the air carrier man- (b) Each operator must keep a cur- ual required by parts 121 and 135 of this rent copy of each approved manual at chapter containing that portion of the its principal base of operations and operations specifications issued under must make each manual available for § 21.197(c), or an authorization under inspection upon request by the Admin- § 91.611) must have on it the registra- istrator.
tion number assigned to the aircraft (c) This section does not apply to op- under part 47 or 48 of this chapter.
erations conducted by a certificate However, the airworthiness certificate holder operating under part 121 or part need not have on it an assigned special 135 of this chapter or a holder of man- identification number before 10 days agement specifications issued in ac- after that number is first affixed to the cordance with subpart K of this part. aircraft. A revised airworthiness cer- tificate having on it an assigned spe- [Docket 26933, 61 FR 34560, July 2, 1996, as cial identification number, that has amended by Amdt. 91–280, 68 FR 54560, Sept.
been affixed to an aircraft, may only be 17, 2003] obtained upon application to the re- sponsible Flight Standards office.
§ 91.193 Certificate of authorization (2) An effective U.S. registration cer- for certain Category II operations.
tificate issued to its owner or, for oper- The Administrator may issue a cer- ation within the United States, the tificate of authorization authorizing second copy of the Aircraft registra- deviations from the requirements of tion Application as provided for in §§ 91.189, 91.191, and 91.205(f) for the op- § 47.31(c), a Certificate of Aircraft reg- eration of small aircraft identified as istration as provided in part 48, or a Category A aircraft in § 97.3 of this registration certification issued under chapter in Category II operations if the the laws of a foreign country.
Administrator finds that the proposed (b) No person may operate a civil air- operation can be safely conducted craft unless the airworthiness certifi- cate required by paragraph (a) of this under the terms of the certificate.
section or a special flight authoriza- Such authorization does not permit op- tion issued under § 91.715 is displayed at eration of the aircraft carrying persons the cabin or cockpit entrance so that it or property for compensation or hire.
is legible to passengers or crew.
(c) No person may operate an aircraft with a fuel tank installed within the Federal Aviation Administration, DOT § 91.205 passenger compartment or a baggage approved aviation red or aviation white compartment unless the installation anticollision light system. In the event was accomplished pursuant to part 43 of failure of any light of the anti- of this chapter, and a copy of FAA collision light system, operation of the Form 337 authorizing that installation aircraft may continue to a location is on board the aircraft.
where repairs or replacement can be (d) No person may operate a civil air- made.
plane (domestic or foreign) into or out (12) If the aircraft is operated for hire of an airport in the United States un- over water and beyond power-off glid- less it complies with the fuel venting ing distance from shore, approved flo- and exhaust emissions requirements of tation gear readily available to each part 34 of this chapter.
occupant and, unless the aircraft is op- erating under part 121 of this sub- [Docket 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–218, 55 FR 32861, Aug. chapter, at least one pyrotechnic sig- 10, 1990; Amdt. 91–318, 75 FR 41983, July 20, naling device. As used in this section, 2010; Amdt. 91–338, 80 FR 78648, Dec. 16, 2015; ‘‘shore’’ means that area of the land Docket FAA–2018–0119, Amdt. 91–350, 83 FR adjacent to the water which is above 9171, Mar. 5, 2018; Docket FAA–2022–1355, the high water mark and excludes land Amdt. 91–366, 87 FR 75846, Dec. 9, 2022] areas which are intermittently under § 91.205 Powered civil aircraft with water.
standard category U.S. airworthi- (13) An approved safety belt with an ness certificates: Instrument and approved metal-to-metal latching de- equipment requirements.
vice, or other approved restraint sys- (a) General. Except as provided in tem for each occupant 2 years of age or paragraphs (c)(3) and (e) of this section, older.
no person may operate a powered civil (14) For small civil airplanes manu- aircraft with a standard category U.S.
factured after July 18, 1978, an ap- airworthiness certificate in any oper- proved shoulder harness or restraint ation described in paragraphs (b) system for each front seat. For small through (f) of this section unless that civil airplanes manufactured after De- aircraft contains the instruments and cember 12, 1986, an approved shoulder equipment specified in those para- harness or restraint system for all graphs (or FAA-approved equivalents) seats. Shoulder harnesses installed at for that type of operation, and those flightcrew stations must permit the instruments and items of equipment flightcrew member, when seated and are in operable condition.
with the safety belt and shoulder har- (b) Visual-flight rules (day). For VFR ness fastened, to perform all functions flight during the day, the following in- necessary for flight operations. For struments and equipment are required: purposes of this paragraph— (1) Airspeed indicator.
(i) The date of manufacture of an air- (2) Altimeter.
plane is the date the inspection accept- (3) Magnetic direction indicator.
ance records reflect that the airplane is (4) Tachometer for each engine.
complete and meets the FAA-approved (5) Oil pressure gauge for each engine type design data; and using pressure system.
(ii) A front seat is a seat located at a (6) Temperature gauge for each liq- flightcrew member station or any seat uid-cooled engine.
located alongside such a seat.
(7) Oil temperature gauge for each (15) An emergency locator trans- air-cooled engine.
mitter, if required by § 91.207.
(8) Manifold pressure gauge for each (16) [Reserved] altitude engine.
(17) For rotorcraft manufactured (9) Fuel gauge indicating the quan- after September 16, 1992, a shoulder tity of fuel in each tank.
harness for each seat that meets the (10) Landing gear position indicator, requirements of § 27.2 or § 29.2 of this if the aircraft has a retractable landing chapter in effect on September 16, 1991.
gear.
(11) For small civil airplanes certifi- (c) Visual flight rules (night). For VFR cated after March 11, 1996, in accord- flight at night, the following instru- ance with part 23 of this chapter, an ments and equipment are required: 14 CFR Ch. I (1–1–25 Edition) § 91.205 (1) Instruments and equipment speci- (6) A clock displaying hours, min- fied in paragraph (b) of this section. utes, and seconds with a sweep-second pointer or digital presentation.
(2) Approved position lights.
(7) Generator or alternator of ade- (3) An approved aviation red or avia- quate capacity.
tion white anticollision light system (8) Gyroscopic pitch and bank indi- on all U.S.-registered civil aircraft.
cator (artificial horizon).
Anticollision light systems initially in- (9) Gyroscopic direction indicator (di- stalled after August 11, 1971, on aircraft rectional gyro or equivalent).
for which a type certificate was issued (e) Flight at and above 24,000 feet MSL or applied for before August 11, 1971, (FL 240). If VOR navigation equipment must at least meet the anticollision is required under paragraph (d)(2) of light standards of part 23, 25, 27, or 29 this section, no person may operate a of this chapter, as applicable, that were U.S.-registered civil aircraft within the in effect on August 10, 1971, except that 50 states and the District of Columbia the color may be either aviation red or at or above FL 240 unless that aircraft aviation white. In the event of failure is equipped with approved DME or a of any light of the anticollision light suitable RNAV system. When the DME system, operations with the aircraft or RNAV system required by this para- may be continued to a stop where re- graph fails at and above FL 240, the pairs or replacement can be made.
pilot in command of the aircraft must (4) If the aircraft is operated for hire, notify ATC immediately, and then may one electric landing light.
continue operations at and above FL (5) An adequate source of electrical 240 to the next airport of intended energy for all installed electrical and landing where repairs or replacement radio equipment.
of the equipment can be made.
(6) One spare set of fuses, or three (f) Category II operations. The require- spare fuses of each kind required, that ments for Category II operations are are accessible to the pilot in flight.
the instruments and equipment speci- (d) Instrument flight rules. For IFR fied in— flight, the following instruments and (1) Paragraph (d) of this section; and equipment are required: (2) Appendix A to this part.
(1) Instruments and equipment speci- (g) Category III operations. The instru- fied in paragraph (b) of this section, ments and equipment required for Cat- and, for night flight, instruments and egory III operations are specified in equipment specified in paragraph (c) of paragraph (d) of this section.
this section.
(h) Night vision goggle operations. For (2) Two-way radio communication night vision goggle operations, the fol- and navigation equipment suitable for lowing instruments and equipment the route to be flown.
must be installed in the aircraft, func- (3) Gyroscopic rate-of-turn indicator, tioning in a normal manner, and ap- except on the following aircraft: proved for use by the FAA: (i) Airplanes with a third attitude in- (1) Instruments and equipment speci- strument system usable through flight fied in paragraph (b) of this section, in- attitudes of 360 degrees of pitch and struments and equipment specified in roll and installed in accordance with paragraph (c) of this section; the instrument requirements pre- (2) Night vision goggles; scribed in § 121.305(j) of this chapter; (3) Interior and exterior aircraft and lighting system required for night vi- (ii) Rotorcraft with a third attitude sion goggle operations; instrument system usable through (4) Two-way radio communications flight attitudes of ± 80 degrees of pitch system; and ± 120 degrees of roll and installed in (5) Gyroscopic pitch and bank indi- accordance with § 29.1303(g) of this cator (artificial horizon); chapter.
(6) Generator or alternator of ade- (4) Slip-skid indicator.
quate capacity for the required instru- (5) Sensitive altimeter adjustable for ments and equipment; and barometric pressure. (7) Radar altimeter.
Federal Aviation Administration, DOT § 91.207 (i) Exclusions. Paragraphs (f) and (g) transmitters must be attached to the of this section do not apply to oper- airplane as far aft as practicable.
ations conducted by a holder of a cer- (c) Batteries used in the emergency tificate issued under part 121 or part locator transmitters required by para- 135 of this chapter. graphs (a) and (b) of this section must be replaced (or recharged, if the bat- [Docket 18334, 54 FR 34292, Aug. 18, 1989, as teries are rechargeable)— amended by Amdt. 91–220, 55 FR 43310, Oct.
(1) When the transmitter has been in 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; use for more than 1 cumulative hour; Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt.
or 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, (2) When 50 percent of their useful 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR life (or, for rechargeable batteries, 50 31679, June 7, 2007; Amdt. 91–309, 74 FR 42563, percent of their useful life of charge) Aug. 21, 2009; Docket FAA–2015–1621, Amdt.
has expired, as established by the 91–346, 81 FR 96700, Dec. 30, 2016] transmitter manufacturer under its ap- E FFECTIVE D ATE N OTE : Amendments to proval.
§ 91.205 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef- The new expiration date for replacing fective Jan. 21, 2025.
(or recharging) the battery must be legibly marked on the outside of the § 91.207 Emergency locator transmit- transmitter and entered in the aircraft ters.
maintenance record. Paragraph (c)(2) (a) Except as provided in paragraphs of this section does not apply to bat- (e) and (f) of this section, no person teries (such as water-activated bat- may operate a U.S.-registered civil air- teries) that are essentially unaffected plane unless— during probable storage intervals.
(1) There is attached to the airplane (d) Each emergency locator trans- an approved automatic type emergency mitter required by paragraph (a) of this locator transmitter that is in operable section must be inspected within 12 condition for the following operations, calendar months after the last inspec- except that after June 21, 1995, an tion for— emergency locator transmitter that (1) Proper installation; meets the requirements of TSO-C91 (2) Battery corrosion; may not be used for new installations: (3) Operation of the controls and (i) Those operations governed by the crash sensor; and supplemental air carrier and commer- (4) The presence of a sufficient signal cial operator rules of parts 121 and 125; radiated from its antenna.
(ii) Charter flights governed by the (e) Notwithstanding paragraph (a) of domestic and flag air carrier rules of this section, a person may— part 121 of this chapter; and (1) Ferry a newly acquired airplane (iii) Operations governed by part 135 from the place where possession of it of this chapter; or was taken to a place where the emer- (2) For operations other than those gency locator transmitter is to be in- specified in paragraph (a)(1) of this sec- stalled; and tion, there must be attached to the air- (2) Ferry an airplane with an inoper- plane an approved personal type or an ative emergency locator transmitter approved automatic type emergency from a place where repairs or replace- locator transmitter that is in operable ments cannot be made to a place where condition, except that after June 21, they can be made.
1995, an emergency locator transmitter that meets the requirements of TSO- No person other than required crew- C91 may not be used for new installa- members may be carried aboard an air- tions. plane being ferried under paragraph (e) (b) Each emergency locator trans- of this section.
mitter required by paragraph (a) of this (f) Paragraph (a) of this section does section must be attached to the air- not apply to— plane in such a manner that the prob- (1) Before January 1, 2004, turbojet- ability of damage to the transmitter in powered aircraft; the event of crash impact is minimized. (2) Aircraft while engaged in sched- Fixed and deployable automatic type uled flights by scheduled air carriers; 14 CFR Ch. I (1–1–25 Edition) § 91.209 (3) Aircraft while engaged in training (1) Operate an aircraft unless it has operations conducted entirely within a lighted position lights; 50-nautical mile radius of the airport (2) Park or move an aircraft in, or in from which such local flight operations dangerous proximity to, a night flight operations area of an airport unless the began; aircraft— (4) Aircraft while engaged in flight (i) Is clearly illuminated; operations incident to design and test- (ii) Has lighted position lights; or ing; (iii) is in an area that is marked by (5) New aircraft while engaged in obstruction lights; flight operations incident to their man- (3) Anchor an aircraft unless the air- ufacture, preparation, and delivery; craft— (6) Aircraft while engaged in flight (i) Has lighted anchor lights; or operations incident to the aerial appli- (ii) Is in an area where anchor lights cation of chemicals and other sub- are not required on vessels; or stances for agricultural purposes; (b) Operate an aircraft that is (7) Aircraft certificated by the Ad- equipped with an anticollision light ministrator for research and develop- system, unless it has lighted anti- ment purposes; collision lights. However, the anti- (8) Aircraft while used for showing collision lights need not be lighted compliance with regulations, crew when the pilot-in-command determines training, exhibition, air racing, or mar- that, because of operating conditions, ket surveys; it would be in the interest of safety to (9) Aircraft equipped to carry not turn the lights off.
more than one person.
(10) An aircraft during any period for [Docket 27806, 61 FR 5171, Feb. 9, 1996] which the transmitter has been tempo- § 91.211 Supplemental oxygen.
rarily removed for inspection, repair, modification, or replacement, subject (a) General. No person may operate a to the following: civil aircraft of U.S. registry— (i) No person may operate the air- (1) At cabin pressure altitudes above craft unless the aircraft records con- 12,500 feet (MSL) up to and including tain an entry which includes the date 14,000 feet (MSL) unless the required of initial removal, the make, model, se- minimum flight crew is provided with rial number, and reason for removing and uses supplemental oxygen for that the transmitter, and a placard located part of the flight at those altitudes in view of the pilot to show ‘‘ELT not that is of more than 30 minutes dura- installed.’’ tion; (ii) No person may operate the air- (2) At cabin pressure altitudes above craft more than 90 days after the ELT 14,000 feet (MSL) unless the required is initially removed from the aircraft; minimum flight crew is provided with and and uses supplemental oxygen during (11) On and after January 1, 2004, air- the entire flight time at those alti- craft with a maximum payload capac- tudes; and ity of more than 18,000 pounds when (3) At cabin pressure altitudes above used in air transportation.
15,000 feet (MSL) unless each occupant of the aircraft is provided with supple- [Docket 18334, 54 FR 34304, Aug. 18, 1989, as mental oxygen.
amended by Amdt. 91–242, 59 FR 32057, June (b) Pressurized cabin aircraft. (1) No 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– 265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, person may operate a civil aircraft of Mar. 23, 2001] U.S. registry with a pressurized cabin— (i) At flight altitudes above flight § 91.209 Aircraft lights.
level 250 unless at least a 10-minute No person may: supply of supplemental oxygen, in addi- (a) During the period from sunset to tion to any oxygen required to satisfy sunrise (or, in Alaska, during the pe- paragraph (a) of this section, is avail- riod a prominent unlighted object can- able for each occupant of the aircraft not be seen from a distance of 3 statute for use in the event that a descent is miles or the sun is more than 6 degrees necessitated by loss of cabin pressur- below the horizon)— ization; and Federal Aviation Administration, DOT § 91.213 (ii) At flight altitudes above flight scribing the inoperable instruments level 350 unless one pilot at the con- and equipment.
trols of the airplane is wearing and (5) The aircraft is operated under all using an oxygen mask that is secured applicable conditions and limitations and sealed and that either supplies ox- contained in the Minimum Equipment ygen at all times or automatically sup- List and the letter authorizing the use plies oxygen whenever the cabin pres- of the list.
sure altitude of the airplane exceeds (b) The following instruments and 14,000 feet (MSL), except that the one equipment may not be included in a pilot need not wear and use an oxygen Minimum Equipment List: mask while at or below flight level 410 (1) Instruments and equipment that if there are two pilots at the controls are either specifically or otherwise re- and each pilot has a quick-donning quired by the airworthiness require- type of oxygen mask that can be placed ments under which the aircraft is type on the face with one hand from the certificated and which are essential for ready position within 5 seconds, sup- safe operations under all operating plying oxygen and properly secured and conditions.
sealed. (2) Instruments and equipment re- (2) Notwithstanding paragraph quired by an airworthiness directive to (b)(1)(ii) of this section, if for any rea- be in operable condition unless the air- son at any time it is necessary for one worthiness directive provides other- pilot to leave the controls of the air- wise.
craft when operating at flight altitudes (3) Instruments and equipment re- above flight level 350, the remaining quired for specific operations by this pilot at the controls shall put on and part.
use an oxygen mask until the other (c) A person authorized to use an ap- pilot has returned to that crew- proved Minimum Equipment List member’s station. issued for a specific aircraft under sub- part K of this part, part 121, 125, or 135 § 91.213 Inoperative instruments and of this chapter must use that Minimum equipment.
Equipment List to comply with the re- (a) Except as provided in paragraph quirements in this section.
(d) of this section, no person may take (d) Except for operations conducted off an aircraft with inoperative instru- in accordance with paragraph (a) or (c) ments or equipment installed unless of this section, a person may takeoff an the following conditions are met: aircraft in operations conducted under (1) An approved Minimum Equipment this part with inoperative instruments List exists for that aircraft. and equipment without an approved (2) The aircraft has within it a letter Minimum Equipment List provided— of authorization, issued by the respon- (1) The flight operation is conducted sible Flight Standards office, author- in a— izing operation of the aircraft under (i) Rotorcraft, non-turbine-powered the Minimum Equipment List. The let- airplane, glider, lighter-than-air air- ter of authorization may be obtained craft, powered parachute, or weight- by written request of the airworthiness shift-control aircraft, for which a mas- certificate holder. The Minimum ter minimum equipment list has not Equipment List and the letter of au- been developed; or thorization constitute a supplemental (ii) Small rotorcraft, nonturbine- type certificate for the aircraft. powered small airplane, glider, or (3) The approved Minimum Equip- lighter-than-air aircraft for which a ment List must— Master Minimum Equipment List has (i) Be prepared in accordance with been developed; and the limitations specified in paragraph (2) The inoperative instruments and (b) of this section; and equipment are not— (ii) Provide for the operation of the (i) Part of the VFR-day type certifi- aircraft with the instruments and cation instruments and equipment pre- equipment in an inoperable condition. scribed in the applicable airworthiness (4) The aircraft records available to regulations under which the aircraft the pilot must include an entry de- was type certificated; 14 CFR Ch. I (1–1–25 Edition) § 91.215 (ii) Indicated as required on the air- ing capability) as appropriate, or the craft’s equipment list, or on the Kinds appropriate class of TSO-C112 (Mode S).
of Operations Equipment List for the (b) All airspace. Unless otherwise au- kind of flight operation being con- thorized or directed by ATC, and ex- ducted; cept as provided in paragraph (e)(1) of (iii) Required by § 91.205 or any other this section, no person may operate an rule of this part for the specific kind of aircraft in the airspace described in flight operation being conducted; or paragraphs (b)(1) through (5) of this section, unless that aircraft is equipped (iv) Required to be operational by an airworthiness directive; and with an operable coded radar beacon transponder having either Mode A 4096 (3) The inoperative instruments and code capability, replying to Mode A in- equipment are— terrogations with the code specified by (i) Removed from the aircraft, the ATC, or a Mode S capability, replying cockpit control placarded, and the to Mode A interrogations with the code maintenance recorded in accordance specified by ATC and Mode S interroga- with § 43.9 of this chapter; or tions in accordance with the applicable (ii) Deactivated and placarded ‘‘In- provisions specified in TSO–C112, and operative.’’ If deactivation of the inop- that aircraft is equipped with auto- erative instrument or equipment in- matic pressure altitude reporting volves maintenance, it must be accom- equipment having a Mode C capability plished and recorded in accordance that automatically replies to Mode C with part 43 of this chapter; and interrogations by transmitting pres- (4) A determination is made by a sure altitude information in 100-foot pilot, who is certificated and appro- increments. The requirements of this priately rated under part 61 of this paragraph (b) apply to— chapter, or by a person, who is certifi- (1) All aircraft. In Class A, Class B, cated and appropriately rated to per- and Class C airspace areas; form maintenance on the aircraft, that the inoperative instrument or equip- (2) All aircraft. In all airspace within ment does not constitute a hazard to 30 nautical miles of an airport listed in the aircraft. appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; An aircraft with inoperative instru- ments or equipment as provided in (3) Notwithstanding paragraph (b)(2) paragraph (d) of this section is consid- of this section, any aircraft which was ered to be in a properly altered condi- not originally certificated with an en- tion acceptable to the Administrator. gine-driven electrical system or which has not subsequently been certified (e) Notwithstanding any other provi- with such a system installed, balloon sion of this section, an aircraft with in- or glider may conduct operations in operable instruments or equipment the airspace within 30 nautical miles of may be operated under a special flight an airport listed in appendix D, section permit issued in accordance with 1 of this part provided such operations §§ 21.197 and 21.199 of this chapter.
are conducted— [Docket 18334, 54 FR 34304, Aug. 18, 1989, as (i) Outside any Class A, Class B, or amended by Amdt. 91–280, 68 FR 54560, Sept.
Class C airspace area; and 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, (ii) Below the altitude of the ceiling 2004; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] of a Class B or Class C airspace area designated for an airport or 10,000 feet § 91.215 ATC transponder and altitude MSL, whichever is lower; and reporting equipment and use.
(4) All aircraft in all airspace above the ceiling and within the lateral (a) All airspace: U.S.-registered civil boundaries of a Class B or Class C air- aircraft. For operations not conducted space area designated for an airport up- under part 121 or 135 of this chapter, ward to 10,000 feet MSL; and ATC transponder equipment installed must meet the performance and envi- (5) All aircraft except any aircraft ronmental requirements of any class of which was not originally certificated TSO-C74b (Mode A) or any class of with an engine-driven electrical sys- TSO-C74c (Mode A with altitude report- tem or which has not subsequently Federal Aviation Administration, DOT § 91.217 been certified with such a system in- the unmanned aircraft maintains two- stalled, balloon, or glider— way communication with ATC.
(i) In all airspace of the 48 contiguous (2) No person may operate an un- states and the District of Columbia at manned aircraft under this part with a transponder on unless: and above 10,000 feet MSL, excluding (i) The operation is conducted under the airspace at and below 2,500 feet a flight plan and the person operating above the surface; and the unmanned aircraft maintains two- (ii) In the airspace from the surface way communication with ATC; or to 10,000 feet MSL within a 10-nautical- (ii) The use of a transponder is other- mile radius of any airport listed in ap- wise authorized by the Administrator.
pendix D, section 2 of this part, exclud- ing the airspace below 1,200 feet outside (Approved by the Office of Management and of the lateral boundaries of the surface Budget under control number 2120–0005) area of the airspace designated for that [Docket 18334, 54 FR 34304, Aug. 18, 1989, as airport.
amended by Amdt. 91–221, 56 FR 469, Jan. 4, (c) Transponder-on operation. Except 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; as provided in paragraph (e)(2) of this Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– section, while in the airspace as speci- 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–355, 84 FR fied in paragraph (b) of this section or 34287, July 18, 2019; Amdt. 91–361, 86 FR 4512, in all controlled airspace, each person Jan. 15, 2021; Docket FAA–2023–1836, Amdt.
operating an aircraft equipped with an 91–371, 88 FR 71476, Oct. 17, 2023] operable ATC transponder maintained in accordance with § 91.413 shall operate § 91.217 Data correspondence between the transponder, including Mode C automatically reported pressure al- equipment if installed, and shall reply titude data and the pilot’s altitude reference.
on the appropriate code or as assigned by ATC, unless otherwise directed by (a) No person may operate any auto- ATC when transmitting would jeop- matic pressure altitude reporting ardize the safe execution of air traffic equipment associated with a radar bea- control functions.
con transponder— (d) ATC authorized deviations. Re- (1) When deactivation of that equip- quests for ATC authorized deviations ment is directed by ATC; must be made to the ATC facility hav- (2) Unless, as installed, that equip- ing jurisdiction over the concerned air- ment was tested and calibrated to space within the time periods specified transmit altitude data corresponding as follows: within 125 feet (on a 95 percent prob- (1) For operation of an aircraft with ability basis) of the indicated or cali- an operating transponder but without brated datum of the altimeter nor- operating automatic pressure altitude mally used to maintain flight altitude, reporting equipment having a Mode C with that altimeter referenced to 29.92 capability, the request may be made at inches of mercury for altitudes from any time. sea level to the maximum operating al- (2) For operation of an aircraft with titude of the aircraft; or an inoperative transponder to the air- (3) Unless the altimeters and port of ultimate destination, including digitizers in that equipment meet the standards of TSO-C10b and TSO-C88, re- any intermediate stops, or to proceed spectively.
to a place where suitable repairs can be (b) No person may operate any auto- made or both, the request may be made matic pressure altitude reporting at any time.
equipment associated with a radar bea- (3) For operation of an aircraft that con transponder or with ADS–B Out is not equipped with a transponder, the equipment unless the pressure altitude request must be made at least one hour reported for ADS–B Out and Mode C/S before the proposed operation.
is derived from the same source for air- (e) Unmanned aircraft. (1) The require- craft equipped with both a transponder ments of paragraph (b) of this section and ADS–B Out.
do not apply to a person operating an unmanned aircraft under this part un- [Docket 18334, 54 FR 34304, Aug. 18, 1989, as less the operation is conducted under a amended by Amdt. 91–314, 75 FR 30193, May flight plan and the person operating 28, 2010] 14 CFR Ch. I (1–1–25 Edition) § 91.219 plane that has an experimental certifi- § 91.219 Altitude alerting system or de- vice: Turbojet-powered civil air- cate or to the operation of any airplane planes.
for the following purposes: (1) Ferrying a newly acquired air- (a) Except as provided in paragraph plane from the place where possession (d) of this section, no person may oper- of it was taken to a place where the al- ate a turbojet-powered U.S.-registered titude alerting system or device is to civil airplane unless that airplane is be installed.
equipped with an approved altitude (2) Continuing a flight as originally alerting system or device that is in op- planned, if the altitude alerting system erable condition and meets the require- or device becomes inoperative after the ments of paragraph (b) of this section.
airplane has taken off; however, the (b) Each altitude alerting system or flight may not depart from a place device required by paragraph (a) of this where repair or replacement can be section must be able to— made.
(1) Alert the pilot— (3) Ferrying an airplane with any in- (i) Upon approaching a preselected operative altitude alerting system or altitude in either ascent or descent, by device from a place where repairs or re- a sequence of both aural and visual sig- placements cannot be made to a place nals in sufficient time to establish where it can be made.
level flight at that preselected alti- (4) Conducting an airworthiness tude; or flight test of the airplane.
(ii) Upon approaching a preselected (5) Ferrying an airplane to a place altitude in either ascent or descent, by outside the United States for the pur- a sequence of visual signals in suffi- pose of registering it in a foreign coun- cient time to establish level flight at try.
that preselected altitude, and when de- (6) Conducting a sales demonstration viating above and below that of the operation of the airplane.
preselected altitude, by an aural sig- (7) Training foreign flight crews in nal; the operation of the airplane before (2) Provide the required signals from ferrying it to a place outside the sea level to the highest operating alti- United States for the purpose of reg- tude approved for the airplane in which istering it in a foreign country.
it is installed; (3) Preselect altitudes in increments [Docket 18334, 54 FR 34304, Aug. 18, 1989, as that are commensurate with the alti- amended by Amdt. 91–296, 72 FR 31679, June tudes at which the aircraft is operated; 7, 2007] (4) Be tested without special equip- § 91.221 Traffic alert and collision ment to determine proper operation of avoidance system equipment and the alerting signals; and use.
(5) Accept necessary barometric pres- sure settings if the system or device (a) All airspace: U.S.-registered civil operates on barometric pressure. How- aircraft. Any traffic alert and collision ever, for operation below 3,000 feet avoidance system installed in a U.S.- AGL, the system or device need only registered civil aircraft must be ap- provide one signal, either visual or proved by the Administrator.
aural, to comply with this paragraph. (b) Traffic alert and collision avoidance A radio altimeter may be included to system, operation required. Each person provide the signal if the operator has operating an aircraft equipped with an an approved procedure for its use to de- operable traffic alert and collision termine DA/DH or MDA, as appro- avoidance system shall have that sys- priate. tem on and operating.
(c) Each operator to which this sec- § 91.223 Terrain awareness and warn- tion applies must establish and assign ing system.
procedures for the use of the altitude alerting system or device and each (a) Airplanes manufactured after March flight crewmember must comply with 29, 2002. Except as provided in para- those procedures assigned to him. graph (d) of this section, no person may (d) Paragraph (a) of this section does operate a turbine-powered U.S.-reg- not apply to any operation of an air- istered airplane configured with six or Federal Aviation Administration, DOT § 91.225 more passenger seats, excluding any Change 1 (as referenced in TSO–C166c); pilot seat, unless that airplane is and equipped with an approved terrain (2) Meets the requirements of § 91.227.
awareness and warning system that as (b) After January 1, 2020, except as a minimum meets the requirements for prohibited in paragraph (h)(2) of this Class B equipment in Technical Stand- section or unless otherwise authorized ard Order (TSO)–C151.
by ATC, no person may operate an air- (b) Airplanes manufactured on or before craft below 18,000 feet MSL and in air- March 29, 2002. Except as provided in space described in paragraph (d) of this paragraph (d) of this section, no person section unless the aircraft has equip- may operate a turbine-powered U.S.- ment installed that— registered airplane configured with six (1) Meets the performance require- or more passenger seats, excluding any ments in— pilot seat, after March 29, 2005, unless (i) TSO–C166b and Section 2 of RTCA that airplane is equipped with an ap- DO–260B (as referenced in TSO–C166b); proved terrain awareness and warning (ii) TSO–C166c and Section 2 of RTCA system that as a minimum meets the DO–260C as modified by DO–260C— requirements for Class B equipment in Change 1 (as referenced in TSO–C166c); Technical Standard Order (TSO)–C151.
(iii) TSO–C154c and Section 2 of RTCA DO–282B (as referenced in TSO– (Approved by the Office of Management and Budget under control number 2120–0631) C154c); or (iv) TSO–C154d and Section 2 of (c) Airplane Flight Manual. The Air- RTCA DO–282C (as referenced in TSO– plane Flight Manual shall contain ap- C154d); propriate procedures for— (2) Meets the requirements of § 91.227.
(1) The use of the terrain awareness (c) Operators with equipment in- and warning system; and stalled with an approved deviation (2) Proper flight crew reaction in re- under § 21.618 of this chapter also are in sponse to the terrain awareness and compliance with this section.
warning system audio and visual warn- (d) After January 1, 2020, except as ings.
prohibited in paragraph (h)(2) of this (d) Exceptions. Paragraphs (a) and (b) section or unless otherwise authorized of this section do not apply to— by ATC, no person may operate an air- (1) Parachuting operations when con- craft in the following airspace unless ducted entirely within a 50 nautical the aircraft has equipment installed mile radius of the airport from which that meets the requirements in para- such local flight operations began.
graph (b) of this section: (2) Firefighting operations.
(1) Class B and Class C airspace areas; (3) Flight operations when incident (2) Except as provided for in para- to the aerial application of chemicals graph (e) of this section, within 30 nau- and other substances.
tical miles of an airport listed in ap- [Docket 29312, 65 FR 16755, Mar. 29, 2000] pendix D, section 1 to this part from the surface upward to 10,000 feet MSL; § 91.225 Automatic Dependent Surveil- (3) Above the ceiling and within the lance-Broadcast (ADS–B) Out equip- lateral boundaries of a Class B or Class ment and use.
C airspace area designated for an air- (a) After January 1, 2020, unless oth- port upward to 10,000 feet MSL; erwise authorized by ATC, no person (4) Except as provided in paragraph may operate an aircraft in Class A air- (e) of this section, Class E airspace space unless the aircraft has equipment within the 48 contiguous states and the installed that— District of Columbia at and above (1) Meets the performance require- 10,000 feet MSL, excluding the airspace ments in– at and below 2,500 feet above the sur- (i) TSO–C166b and Section 2 of RTCA face; and DO–260B (as referenced in TSO–C166b); (5) Class E airspace at and above 3,000 or feet MSL over the Gulf of Mexico from (ii) TSO–C166c and Section 2 of RTCA the coastline of the United States out DO–260C as modified by DO–260C— to 12 nautical miles.
14 CFR Ch. I (1–1–25 Edition) § 91.225 (e) The requirements of paragraph (b) in two way communication with ATC of this section do not apply to any air- unless: craft that was not originally certifi- (i) That aircraft has equipment in- cated with an engine-driven electrical stalled that meets the performance re- system, or that has not subsequently quirements in TSO–C166b (including been certified with such a system in- Section 2 of RTCA DO–260B, as ref- stalled, including balloons and gliders. erenced in TSO–C166b), TSO–C166c (in- These aircraft may conduct operations cluding Section 2 of RTCA DO–260C as without ADS–B Out in the airspace modified by DO–260C—Change 1, as ref- specified in paragraph (d)(4) of this sec- erenced in TSO–C166c), TSO–C154c (in- tion. These aircraft may also conduct cluding Section 2 of RTCA DO–282B, as operations in the airspace specified in referenced in TSO–C154c), or TSO–C154d paragraph (d)(2) of this section if those (including Section 2 of RTCA DO–282C, operations are conducted— as referenced in TSO–C154d); and (1) Outside any Class B or Class C air- (ii) The equipment meets the require- space area; and ments of § 91.227.
(2) Below the altitude of the ceiling (2) No person may operate an un- of a Class B or Class C airspace area manned aircraft under this part with designated for an airport, or 10,000 feet Automatic Dependent Surveillance- MSL, whichever is lower. Broadcast Out equipment in transmit (f) Except as prohibited in paragraph mode unless: (h)(2) of this section, each person oper- (i) The operation is conducted under ating an aircraft equipped with ADS–B a flight plan and the person operating Out must operate this equipment in that unmanned aircraft maintains two- the transmit mode at all times unless— way communication with ATC; or (1) Otherwise authorized by the FAA (ii) The use of ADS–B Out is other- when the aircraft is performing a sen- wise authorized by the Administrator.
sitive government mission for national (i) The standards required in this sec- defense, homeland security, intel- tion are incorporated by reference with ligence or law enforcement purposes the approval of the Director of the Of- and transmitting would compromise fice of the Federal Register under 5 the operations security of the mission U.S.C. 552(a) and 1 CFR part 51. This in- or pose a safety risk to the aircraft, corporation by reference (IBR) mate- crew, or people and property in the air rial is available for inspection at the or on the ground; or FAA and the National Archives and (2) Otherwise directed by ATC when Records Administration (NARA). Con- transmitting would jeopardize the safe tact the FAA at: Office of Rulemaking execution of air traffic control func- (ARM–1), 800 Independence Avenue SW, tions. Washington, DC 20590 (telephone 202– (g) Requests for ATC authorized devi- 267–9677). For information on the avail- ations from the requirements of this ability of this material at NARA, visit section must be made to the ATC facil- https://www.archives.gov/federal-register/ ity having jurisdiction over the con- cfr/ibr-locations.html or email cerned airspace within the time periods fr.inspection@nara.gov. This material is specified as follows: also available from the following (1) For operation of an aircraft with sources in this paragraph (i).
an inoperative ADS–B Out, to the air- (1) U.S. Department of Transpor- port of ultimate destination, including tation, Subsequent Distribution Office, any intermediate stops, or to proceed DOT Warehouse M30, Ardmore East to a place where suitable repairs can be Business Center, 3341 Q 75th Avenue, made or both, the request may be made Landover, MD 20785; telephone (301) at any time. 322–5377; website: www.faa.gov/aircraft/ (2) For operation of an aircraft that air l cert/design l approvals/tso/ (select is not equipped with ADS–B Out, the the link ‘‘Search Technical Standard request must be made at least 1 hour Orders’’).
before the proposed operation. (i) TSO–C166b, Extended Squitter (h) For unmanned aircraft: Automatic Dependent Surveillance- (1) No person may operate an un- Broadcast (ADS–B) and Traffic Infor- manned aircraft under a flight plan and mation Service-Broadcast (TIS–B) Federal Aviation Administration, DOT § 91.227 Equipment Operating on the Radio Surveillance-Broadcast (ADS–B), Sec- Frequency of 1090 Megahertz (MHz), tion 2, Equipment Performance Re- December 2, 2009. quirements and Test Procedures, June (ii) TSO–C166c, Extended Squitter 23, 2022.
Automatic Dependent Surveillance- [Docket FAA–2007–29305, 75 FR 30193, May 28, Broadcast (ADS–B) and Traffic Infor- 2010; Amdt. 91–314–A, 75 FR 37712, June 30, mation Service-Broadcast (TIS–B) 2010, as amended by Amdt. 91–316, 75 FR Equipment Operating on the Radio 37712, June 30, 2010; Amdt. 91–336, 80 FR 6900, Feb. 9, 2015; Amdt. 91–336A, 80 FR 11537, Mar.
Frequency of 1090 Megahertz (MHz), 4, 2015; Amdt. 91–355, 84 FR 34287, July 18, March 10, 2023.
2019; Amdt. 91–361, 86 FR 4513, Jan. 15, 2021; (iii) TSO–C154c, Universal Access Docket FAA–2023–1836, Amdt. 91–371, 88 FR Transceiver (UAT) Automatic Depend- 71476, Oct. 17, 2023; Amdt. 91–371B, 89 FR ent Surveillance-Broadcast (ADS–B) 33224, Apr. 29, 2024] Equipment Operating on the Frequency of 978 MHz, December 2, 2009.
§ 91.227 Automatic Dependent Surveil- (iv) TSO–C154d, Universal Access lance-Broadcast (ADS–B) Out equip- ment performance requirements.
Transceiver (UAT) Automatic Depend- ent Surveillance-Broadcast (ADS–B) (a) Definitions. For the purposes of Equipment Operating on the Radio this section: Frequency of 978 Megahertz (MHz), ADS–B Out is a function of an air- March 10, 2023.
craft’s onboard avionics that periodi- (2) RTCA, Inc., 1150 18th St. NW, cally broadcasts the aircraft’s state Suite 910, Washington, DC 20036; tele- vector (3-dimensional position and 3-di- phone (202) 833–9339; website: mensional velocity) and other required www.rtca.org/products.
information as described in this sec- (i) RTCA DO–260B, Minimum Oper- tion.
ational Performance Standards for 1090 Navigation Accuracy Category for Posi- MHz Extended Squitter Automatic De- tion ( NAC ) specifies the accuracy of a P pendent Surveillance-Broadcast (ADS– reported aircraft’s position.
B) and Traffic Information Services- Navigation Accuracy Category for Ve- Broadcast (TIS–B), Section 2, Equip- locity ( NAC ) specifies the accuracy of a V ment Performance Requirements and reported aircraft’s velocity.
Test Procedures, December 2, 2009.
Navigation Integrity Category (NIC) (ii) RTCA DO–260C, Minimum Oper- specifies an integrity containment ra- ational Performance Standards for 1090 dius around an aircraft’s reported posi- MHz Extended Squitter Automatic De- tion.
pendent Surveillance-Broadcast (ADS– Position Source refers to the equip- B) and Traffic Information Services- ment installed onboard an aircraft used Broadcast (TIS–B), Section 2, Equip- to process and provide aircraft position ment Performance Requirements and (for example, latitude, longitude, and Test Procedures, December 17, 2020.
velocity) information.
(iii) RTCA DO–260C, Minimum Oper- Source Integrity Level (SIL) indicates ational Performance Standards for 1090 the probability of the reported hori- MHz Extended Squitter Automatic De- zontal position exceeding the contain- pendent Surveillance—Broadcast ment radius defined by the NIC on a (ADS–B) and Traffic Information Serv- per sample or per hour basis.
ices—Broadcast (TIS–B), Change 1, System Design Assurance (SDA) indi- January 25, 2022.
cates the probability of an aircraft (iv) RTCA DO–282B, Minimum Oper- malfunction causing false or mis- ational Performance Standards for leading information to be transmitted.
Universal Access Transceiver (UAT) Total latency is the total time be- Automatic Dependent Surveillance- tween when the position is measured Broadcast (ADS–B), Section 2, Equip- and when the position is transmitted ment Performance Requirements and by the aircraft.
Test Procedures, December 2, 2009. Uncompensated latency is the time for (v) RTCA DO–282C, Minimum Oper- which the aircraft does not compensate ational Performance Standards for latency.
(MOPS) for Universal Access Trans- (b) 1090 MHz ES and UAT Broadcast ceiver (UAT) Automatic Dependent Links and Power Requirements — 14 CFR Ch. I (1–1–25 Edition) § 91.227 (1) Aircraft operating in Class A air- erenced in TSO–C166c), TSO–C154c (in- space must have equipment installed cluding Section 2 of RTCA DO–282B, as that meets the antenna and power out- referenced in TSO–C154c), or TSO–C154d put requirements of Class A1S, A1, A2, (including Section 2 of RTCA DO–282C, A3, B1S, or B1 equipment as defined in as referenced in TSO–C154d). The pilot TSO–C166b and Section 2 of RTCA DO– must enter information for message 260B (as referenced in TSO–C166b), or elements listed in paragraphs (d)(7) TSO–C166c and Section 2 of RTCA DO– through (10) of this section during the 260C as modified by DO–260C—Change 1 appropriate phase of flight.
(as referenced in TSO–C166c).
(1) The length and width of the air- (2) Aircraft operating in airspace des- craft; ignated for ADS–B Out, but outside of (2) An indication of the aircraft’s Class A airspace, must have equipment latitude and longitude; installed that meets the antenna and (3) An indication of the aircraft’s bar- output power requirements of either: ometric pressure altitude; (i) Class A1S, A1, A2, A3, B1S, or B1 (4) An indication of the aircraft’s ve- as defined in TSO–C166b and Section 2 locity; of RTCA DO–260B (as referenced in (5) An indication if a collision avoid- TSO–C166b) or TSO–C166c and Section 2 ance system is installed and operating of RTCA DO–260C as modified by DO– in a mode that can generate resolution 260C—Change 1 (as referenced in TSO– advisory alerts; C166c); or (6) If an operable collision avoidance (ii) Class A1S, A1H, A2, A3, B1S, or B1 system is installed, an indication if a equipment as defined in TSO–C154c and resolution advisory is in effect; Section 2 of RTCA DO–282B (as ref- (7) An indication of the Mode A erenced in TSO–C154c), or TSO–C154d transponder code specified by ATC; and Section 2 of RTCA DO–282C (as ref- (8) An indication of the aircraft iden- erenced in TSO–C154d).
tification that is submitted on the (c) ADS–B Out Performance Require- flight plan or used for communicating ments for NAC NAC , NIC, SDA , and P, V with ATC, except when the pilot has SIL — not filed a flight plan, has not re- (1) For aircraft broadcasting ADS–B quested ATC services, and is using a Out as required under § 91.225 (a) and TSO–C154c or TSO–C154d self-assigned (b)— temporary 24-bit address; (i) The aircraft’s NAC must be less P (9) An indication if the flightcrew has than 0.05 nautical miles; identified an emergency, radio commu- (ii) The aircraft’s NAC must be less V nication failure, or unlawful inter- than 10 meters per second; ference; (iii) The aircraft’s NIC must be less (10) An indication of the aircraft’s than 0.2 nautical miles; ‘‘IDENT’’ to ATC; (iv) The aircraft’s SDA must be less ¥ 5 (11) An indication of the aircraft as- than or equal to 10 per flight hour; signed ICAO 24-bit address, except and when the pilot has not filed a flight (v) The aircraft’s SIL must be less ¥ 7 plan, has not requested ATC services, than or equal to 10 per flight hour or and is using a TSO–C154c or TSO–C154d per sample.
self-assigned temporary 24-bit address; (2) Changes in NAC , NAC , SDA, and P V (12) An indication of the aircraft’s SIL must be broadcast within 10 sec- emitter category; onds.
(13) An indication of whether an (3) Changes in NIC must be broadcast ADS–B In capability is available; within 12 seconds.
(14) An indication of the aircraft’s (d) Minimum Broadcast Message Ele- geometric altitude; ment Set for ADS–B Out. Each aircraft must broadcast the following informa- (15) An indication of the Navigation tion, as defined in TSO–C166b (includ- Accuracy Category for Position ); ing Section 2 of RTCA DO–260B, as ref- (NAC P erenced in TSO–C166b), TSO–C166c (in- (16) An indication of the Navigation cluding Section 2 of RTCA DO–260C as Accuracy Category for Velocity modified by DO–260C—Change 1, as ref- (NAC ); V Federal Aviation Administration, DOT § 91.227 (17) An indication of the Navigation the link ‘‘Search Technical Standard Integrity Category (NIC); Orders’’).
(18) An indication of the System De- (i) TSO–C166b, Extended Squitter sign Assurance (SDA); and Automatic Dependent Surveillance- (19) An indication of the Source In- Broadcast (ADS–B) and Traffic Infor- tegrity Level (SIL).
mation Service-Broadcast (TIS–B) (e) ADS–B Latency Requirements — Equipment Operating on the Radio (1) The aircraft must transmit its Frequency of 1090 Megahertz (MHz), geometric position no later than 2.0 December 2, 2009.
seconds from the time of measurement (ii) TSO–C166c, Extended Squitter of the position to the time of trans- Automatic Dependent Surveillance- mission.
Broadcast (ADS–B) and Traffic Infor- (2) Within the 2.0 total latency allo- mation Service-Broadcast (TIS–B) cation, a maximum of 0.6 seconds can Equipment Operating on the Radio be uncompensated latency. The air- Frequency of 1090 Megahertz (MHz), craft must compensate for any latency March 10, 2023.
above 0.6 seconds up to the maximum (iii) TSO–C154c, Universal Access 2.0 seconds total by extrapolating the Transceiver (UAT) Automatic Depend- geometric position to the time of mes- ent Surveillance-Broadcast (ADS–B) sage transmission.
Equipment Operating on the Frequency (3) The aircraft must transmit its po- of 978 MHz, December 2, 2009.
sition and velocity at least once per (iv) TSO–C154d, Universal Access second while airborne or while moving Transceiver (UAT) Automatic Depend- on the airport surface.
ent Surveillance-Broadcast (ADS–B) (4) The aircraft must transmit its po- Equipment Operating on the Radio sition at least once every 5 seconds Frequency of 978 Megahertz (MHz), while stationary on the airport surface.
March 10, 2023.
(f) Equipment with an approved devi- (2) RTCA, Inc., 1150 18th St. NW, ation. Operators with equipment in- Suite 910, Washington, DC 20036; tele- stalled with an approved deviation phone (202) 833–9339; website: under § 21.618 of this chapter also are in www.rtca.org/products.
compliance with this section.
(i) RTCA DO–260B, Minimum Oper- (g) Incorporation by reference. The ational Performance Standards for 1090 standards required in this section are MHz Extended Squitter Automatic De- incorporated by reference with the ap- pendent Surveillance-Broadcast (ADS– proval of the Director of the Office of B) and Traffic Information Services- the Federal Register under 5 U.S.C.
Broadcast (TIS–B), Section 2, Equip- 552(a) and 1 CFR part 51. This incorpo- ment Performance Requirements and ration by reference (IBR) material is Test Procedures, December 2, 2009.
available for inspection at the FAA and (ii) RTCA DO–260C, Minimum Oper- the National Archives and Records Ad- ational Performance Standards for 1090 ministration (NARA). Contact the FAA MHz Extended Squitter Automatic De- at: Office of Rulemaking (ARM–1), 800 pendent Surveillance-Broadcast (ADS– Independence Avenue SW, Washington, B) and Traffic Information Services- DC 20590 (telephone 202–267–9677). For Broadcast (TIS–B), Section 2, Equip- information on the availability of this ment Performance Requirements and material at NARA, visit Test Procedures, December 17, 2020.
www.archives.gov/federal-register/cfr/ibr- (iii) RTCA DO–260C, Minimum Oper- locations.html or email ational Performance Standards for 1090 fr.inspection@nara.gov. This material is MHz Extended Squitter Automatic De- also available from the following pendent Surveillance-Broadcast (ADS– sources indicated in this paragraph (g).
B) and Traffic Information Services- (1) U.S. Department of Transpor- Broadcast (TIS–B), Change 1, January tation, Subsequent Distribution Office, 25, 2022.
DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, (iv) RTCA DO–282B, Minimum Oper- Landover, MD 20785; telephone (301) ational Performance Standards for 322–5377; website: www.faa.gov/aircraft/ Universal Access Transceiver (UAT) air l cert/design l approvals/tso/ (select Automatic Dependent Surveillance- 14 CFR Ch. I (1–1–25 Edition) §§ 91.228–91.299 Broadcast (ADS–B), Section 2, Equip- § 91.307 Parachutes and parachuting.
ment Performance Requirements and (a) No pilot of a civil aircraft may Test Procedures, December 2, 2009.
allow a parachute that is available for (v) RTCA DO–282C, Minimum Oper- emergency use to be carried in that ational Performance Standards aircraft unless it is an approved type (MOPS) for Universal Access Trans- and has been packed by a certificated ceiver (UAT) Automatic Dependent and appropriately rated parachute rig- Surveillance-Broadcast (ADS–B), Sec- ger— tion 2, Equipment Performance Re- (1) Within the preceding 180 days, if quirements and Test Procedures, June 23, 2022. its canopy, shrouds, and harness are composed exclusively of nylon, rayon, [Docket FAA–2007–29305, 75 FR 30194, May 28, or other similar synthetic fiber or ma- 2010; Amdt. 91–314–A, 75 FR 37712, June 30, terials that are substantially resistant 2010, as amended by Amdt. 91–316, 75 FR 37712, June 30, 2010; Docket FAA–2023–1836, to damage from mold, mildew, or other Amdt. 91–371, 88 FR 71477, Oct. 17, 2023] fungi and other rotting agents propa- gated in a moist environment; or §§ 91.228–91.299 [Reserved] (2) Within the preceding 60 days, if any part of the parachute is composed Subpart D—Special Flight of silk, pongee, or other natural fiber Operations or materials not specified in paragraph (a)(1) of this section.
S OURCE : Docket 18334, 54 FR 34308, Aug. 18, (b) Except in an emergency, no pilot 1989, unless otherwise noted.
in command may allow, and no person may conduct, a parachute operation § 91.301 [Reserved] from an aircraft within the United § 91.303 Aerobatic flight. States except in accordance with part 105 of this chapter.
No person may operate an aircraft in (c) Unless each occupant of the air- aerobatic flight— craft is wearing an approved parachute, (a) Over any congested area of a city, town, or settlement; no pilot of a civil aircraft carrying any (b) Over an open air assembly of per- person (other than a crewmember) may sons; execute any intentional maneuver that (c) Within the lateral boundaries of exceeds— the surface areas of Class B, Class C, (1) A bank of 60 degrees relative to Class D, or Class E airspace designated the horizon; or for an airport; (2) A nose-up or nose-down attitude (d) Within 4 nautical miles of the of 30 degrees relative to the horizon.
center line of any Federal airway; (d) Paragraph (c) of this section does (e) Below an altitude of 1,500 feet not apply to— above the surface; or (1) Flight tests for pilot certification (f) When flight visibility is less than or rating; or 3 statute miles.
(2) Spins and other flight maneuvers For the purposes of this section, aero- required by the regulations for any cer- batic flight means an intentional ma- tificate or rating when given by— neuver involving an abrupt change in (i) A certificated flight instructor; or an aircraft’s attitude, an abnormal at- (ii) An airline transport pilot in- titude, or abnormal acceleration, not structing in accordance with § 61.67 of necessary for normal flight.
this chapter.
[Docket 18834, 54 FR 34308, Aug. 18, 1989, as (e) For the purposes of this section, amended by Amdt. 91–227, 56 FR 65661, Dec.
approved parachute means— 17, 1991] (1) A parachute manufactured under § 91.305 Flight test areas.
a type certificate or a technical stand- ard order (C–23 series); or No person may flight test an aircraft except over open water, or sparsely (2) A personnel-carrying military populated areas, having light air traf- parachute identified by an NAF, AAF, fic. or AN drawing number, an AAF order Federal Aviation Administration, DOT § 91.313 number, or any other military designa- not in operation, the pilot in command tion or specification number. must notify the FAA flight service sta- tion serving that controlled airspace [Docket 18334, 54 FR 34308, Aug. 18, 1989, as before conducting any towing oper- amended by Amdt. 91–255, 62 FR 68137, Dec.
ations in that airspace; and 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, 2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008] (5) The pilots of the towing aircraft and the glider or unpowered ultralight § 91.309 Towing: Gliders and vehicle have agreed upon a general unpowered ultralight vehicles.
course of action, including takeoff and (a) No person may operate a civil air- release signals, airspeeds, and emer- craft towing a glider or unpowered gency procedures for each pilot.
ultralight vehicle unless— (b) No pilot of a civil aircraft may in- (1) The pilot in command of the tow- tentionally release a towline, after re- ing aircraft is qualified under § 61.69 of lease of a glider or unpowered ultra- this chapter; light vehicle, in a manner that endan- (2) The towing aircraft is equipped gers the life or property of another.
with a tow-hitch of a kind, and in- [Docket 18834, 54 FR 34308, Aug. 18, 1989, as stalled in a manner, that is approved amended by Amdt. 91–227, 56 FR 65661, Dec.
by the Administrator; 17, 1991; Amdt. 91–282, 69 FR 44880, July 27, (3) The towline used has breaking 2004] strength not less than 80 percent of the maximum certificated operating § 91.311 Towing: Other than under weight of the glider or unpowered § 91.309.
ultralight vehicle and not more than No pilot of a civil aircraft may tow twice this operating weight. However, anything with that aircraft (other than the towline used may have a breaking under § 91.309) except in accordance strength more than twice the max- with the terms of a certificate of waiv- imum certificated operating weight of er issued by the Administrator.
the glider or unpowered ultralight ve- hicle if— § 91.313 Restricted category civil air- (i) A safety link is installed at the craft: Operating limitations.
point of attachment of the towline to (a) No person may operate a re- the glider or unpowered ultralight ve- stricted category civil aircraft— hicle with a breaking strength not less (1) For other than the special purpose than 80 percent of the maximum cer- for which it is certificated; or tificated operating weight of the glider (2) In an operation other than one or unpowered ultralight vehicle and necessary to accomplish the work ac- not greater than twice this operating tivity directly associated with that weight; special purpose.
(ii) A safety link is installed at the (b) For the purpose of paragraph (a) point of attachment of the towline to of this section, the following oper- the towing aircraft with a breaking ations are considered necessary to ac- strength greater, but not more than 25 complish the work activity directly as- percent greater, than that of the safety sociated with a special purpose oper- link at the towed glider or unpowered ation: ultralight vehicle end of the towline (1) Flights conducted for flight crew- and not greater than twice the max- member training in a special purpose imum certificated operating weight of operation for which the aircraft is cer- the glider or unpowered ultralight ve- tificated.
hicle; (4) Before conducting any towing op- (2) Flights conducted to satisfy pro- eration within the lateral boundaries ficiency check and recent flight experi- of the surface areas of Class B, Class C, ence requirements under part 61 of this Class D, or Class E airspace designated chapter provided the flight crew- for an airport, or before making each member holds the appropriate cat- towing flight within such controlled egory, class, and type ratings and is airspace if required by ATC, the pilot employed by the operator to perform in command notifies the control tower. the appropriate special purpose oper- If a control tower does not exist or is ation.
14 CFR Ch. I (1–1–25 Edition) § 91.313 (3) Flights conducted to relocate the tem installation at each flightcrew sta- aircraft for delivery, repositioning, or tion must permit the flightcrew mem- maintenance.
ber, when seated and with the safety (c) No person may operate a re- belt and shoulder harness fastened or stricted category civil aircraft car- the restraint system engaged, to per- rying persons or property for com- form all functions necessary for flight pensation or hire. For the purposes of operation. For purposes of this para- this paragraph (c), a special purpose graph— operation involving the carriage of per- (1) The date of manufacture of an air- sons or material necessary to accom- plane is the date the inspection accept- plish that operation, such as crop dust- ance records reflect that the airplane is ing, seeding, spraying, and banner tow- complete and meets the FAA-approved ing (including the carrying of required type design data; and persons or material to the location of (2) A front seat is a seat located at a that operation), an operation for the flight crewmember station or any seat purpose of providing flight crew- located alongside such a seat.
member training in a special purpose (h)(1) An operator may apply for de- operation, and an operation conducted viation authority from the provisions under the authority provided in para- of paragraph (a) of this section to con- graph (h) of this section are not consid- ered to be the carriage of persons or duct operations for the following pur- property for compensation or hire. poses: (d) No person may be carried on a re- (i) Flight training and the practical stricted category civil aircraft unless test for issuance of a type rating pro- that person— vided— (1) Is a flight crewmember; (A) The pilot being trained and tested (2) Is a flight crewmember trainee; holds at least a commercial pilot cer- (3) Performs an essential function in tificate with the appropriate category connection with a special purpose oper- and class ratings for the aircraft type; ation for which the aircraft is certifi- (B) The pilot receiving flight training cated; is employed by the operator to perform (4) Is necessary to accomplish the a special purpose operation; and work activity directly associated with (C) The flight training is conducted that special purpose; or by the operator who employs the pilot (5) Is necessary to accomplish an op- to perform a special purpose operation.
eration under paragraph (h) of this sec- (ii) Flights to designate an examiner tion.
or qualify an FAA inspector in the air- (e) Except when operating in accord- ance with the terms and conditions of craft type and flights necessary to pro- a certificate of waiver or special oper- vide continuing oversight and evalua- ating limitations issued by the Admin- tion of an examiner.
istrator, no person may operate a re- (2) The FAA will issue this deviation stricted category civil aircraft within authority as a letter of deviation au- the United States— thority.
(1) Over a densely populated area; (3) The FAA may cancel or amend a (2) In a congested airway; or letter of deviation authority at any (3) Near a busy airport where pas- time.
senger transport operations are con- (4) An applicant must submit a re- ducted.
quest for deviation authority in a form (f) This section does not apply to and manner acceptable to the Adminis- nonpassenger-carrying civil rotorcraft trator at least 60 days before the date external-load operations conducted of intended operations. A request for under part 133 of this chapter.
deviation authority must contain a (g) No person may operate a small re- complete description of the proposed stricted-category civil airplane manu- operation and justification that estab- factured after July 18, 1978, unless an lishes a level of safety equivalent to approved shoulder harness or restraint system is installed for each front seat.
The shoulder harness or restraint sys- Federal Aviation Administration, DOT § 91.317 that provided under the regulations for (5) Flight checking of instruments, the deviation requested. accessories, and equipment that do not affect the basic airworthiness of the [Docket 18334, 54 FR 34308, Aug. 18, 1989, as aircraft; or amended by Docket FAA–2015–1621, Amdt. 91– (6) Service testing of the aircraft.
346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6, 83 FR 30281, June 27, 2018] (e) Each person operating a provi- sionally certificated civil aircraft shall § 91.315 Limited category civil aircraft: operate within the prescribed limita- Operating limitations.
tions displayed in the aircraft or set Except as provided in § 91.326, no per- forth in the provisional aircraft flight son may operate a limited category manual or other appropriate document.
civil aircraft carrying persons or prop- However, when operating in direct con- erty for compensation or hire in oper- junction with the type or supplemental ations that: type certification of the aircraft, that (a) Require an air carrier or commer- person shall operate under the experi- cial operator certificate issued under mental aircraft limitations of § 21.191 of part 119 of this chapter; this chapter and when flight testing, (b) Are listed in § 119.1(e) of this chap- shall operate under the requirements of ter; § 91.305 of this part.
(c) Require management specifica- (f) Each person operating a provision- tions for a fractional ownership pro- ally certificated civil aircraft shall es- gram issued in accordance with subpart tablish approved procedures for— K of this part; or (1) The use and guidance of flight and (d) Are conducted under part 129, 133, ground personnel in operating under or 137 of this chapter.
this section; and [Docket FAA–2023–1351, Amdt. 91–378, 89 FR (2) Operating in and out of airports 80340, Oct. 2, 2024] where takeoffs or approaches over pop- ulated areas are necessary. No person § 91.317 Provisionally certificated civil may operate that aircraft except in aircraft: Operating limitations.
compliance with the approved proce- (a) No person may operate a provi- dures.
sionally certificated civil aircraft un- (g) Each person operating a provi- less that person is eligible for a provi- sionally certificated civil aircraft shall sional airworthiness certificate under ensure that each flight crewmember is § 21.213 of this chapter.
properly certificated and has adequate (b) No person may operate a provi- knowledge of, and familiarity with, the sionally certificated civil aircraft out- aircraft and procedures to be used by side the United States unless that per- that crewmember.
son has specific authority to do so from (h) Each person operating a provi- the Administrator and each foreign sionally certificated civil aircraft shall country involved.
maintain it as required by applicable (c) Unless otherwise authorized by regulations and as may be specially the Executive Director, Flight Stand- prescribed by the Administrator.
ards Service, no person may operate a (i) Whenever the manufacturer, or provisionally certificated civil aircraft the Administrator, determines that a in air transportation.
change in design, construction, or oper- (d) Unless otherwise authorized by ation is necessary to ensure safe oper- the Administrator, no person may op- ation, no person may operate a provi- erate a provisionally certificated civil sionally certificated civil aircraft until aircraft except— that change has been made and ap- (1) In direct conjunction with the proved. Section 21.99 of this chapter ap- type or supplemental type certification plies to operations under this section.
of that aircraft; (j) Each person operating a provision- (2) For training flight crews, includ- ally certificated civil aircraft— ing simulated air carrier operations; (3) Demonstration flight by the man- (1) May carry in that aircraft only ufacturer for prospective purchasers; persons who have a proper interest in (4) Market surveys by the manufac- the operations allowed by this section turer; or who are specifically authorized by 14 CFR Ch. I (1–1–25 Edition) § 91.319 both the manufacturer and the Admin- ducted over a densely populated area or istrator; and in a congested airway, in accordance (2) Shall advise each person carried with terms and conditions specified in that the aircraft is provisionally cer- the authorization in the interest of tificated. safety in air commerce.
(k) The Administrator may prescribe (d) Each person operating an aircraft additional limitations or procedures that has an experimental certificate that the Administrator considers nec- shall— essary, including limitations on the (1) Advise each person carried of the number of persons who may be carried experimental nature of the aircraft; in the aircraft. (2) Operate under VFR, day only, un- less otherwise specifically authorized (Approved by the Office of Management and by the Administrator; and Budget under control number 2120–0005) (3) Notify air traffic control of the [Docket 18334, 54 FR 34308, Aug. 18, 1989, as experimental nature of the aircraft amended by Amdt. 91–212, 54 FR 39293, Sept.
when utilizing air traffic services.
25, 1989; Docket FAA–2018–0119, Amdt. 91–350, (e) No person may operate a light- 83 FR 9171, Mar. 5, 2018] sport aircraft that is issued an experi- § 91.319 Aircraft having experimental mental certificate under § 21.191 of this certificates: Operating limitations.
chapter for compensation or hire, ex- cept: (a) Except as provided in § 91.326, no (1) A person may operate an aircraft person may operate an aircraft that issued an experimental certificate has an experimental certificate— under § 21.191(i)(1) of this chapter to (1) For other than the purpose for tow a glider that is a light-sport air- which the certificate was issued; or craft or unpowered ultralight vehicle (2) Carrying persons or property for in accordance with § 91.309; or compensation or hire in operations (2) A person may operate a light- that: sport aircraft issued an experimental (i) Require an air carrier or commer- certificate under § 21.191 of this chapter cial operator certificate issued under to conduct operations authorized under part 119 of this chapter; § 91.326.
(ii) Are listed in § 119.1(e) of this (f) No person may lease a light-sport chapter; aircraft that is issued an experimental (iii) Require management specifica- certificate under § 21.191 of this chap- tions for a fractional ownership pro- ter, except— gram issued in accordance with subpart (1) In accordance with paragraph K of this part; or (e)(1) of this section; or (iv) Are conducted under part 129, 133, (2) To conduct a solo flight in accord- or 137 of this chapter.
(b) No person may operate an aircraft ance with a training program included that has an experimental certificate as part of the deviation authority spec- outside of an area assigned by the Ad- ified under § 91.326(b).
ministrator until it is shown that— (g) No person may operate an aircraft (1) The aircraft is controllable issued an experimental certificate throughout its normal range of speeds under § 21.191(i)(1) of this chapter to and throughout all the maneuvers to tow a glider that is a light-sport air- be executed; and craft or unpowered ultralight vehicle (2) The aircraft has no hazardous op- for compensation or hire or to conduct erating characteristics or design fea- flight training for compensation or tures. hire in an aircraft which that persons (c) Unless otherwise authorized by provides unless within the preceding the Administrator in special operating 100 hours of time in service the aircraft limitations, no person may operate an has— aircraft that has an experimental cer- (1) Been inspected by a certificated tificate over a densely populated area repairman (light-sport aircraft) with a or in a congested airway. The Adminis- maintenance rating, an appropriately trator may issue special operating lim- rated mechanic, or an appropriately itations for particular aircraft to per- rated repair station in accordance with mit takeoffs and landings to be con- inspection procedures developed by the Federal Aviation Administration, DOT § 91.323 aircraft manufacturer or a person ac- didate and election have the same mean- ceptable to the FAA; or ing as provided by the applicable State (2) Received an inspection for the or local law and those terms relate to issuance of an airworthiness certificate candidates for election to public office in accordance with part 21 of this chap- in State and local government elec- ter. tions.
(h) [Reserved] [Docket FAA–2005–20168, 70 FR 4982, Jan. 31, (i) The Administrator may prescribe 2005] additional limitations that the Admin- istrator considers necessary, including § 91.323 Increased maximum certifi- limitations on the persons that may be cated weights for certain airplanes operated in Alaska.
carried in the aircraft.
(j) No person may operate an aircraft (a) Notwithstanding any other provi- that has an experimental certificate sion of the Federal Aviation Regula- under § 61.113(i) of this chapter unless tions, the Administrator will approve, the aircraft is carrying not more than as provided in this section, an increase 7 occupants.
in the maximum certificated weight of an airplane type certificated under (Approved by the Office of Management and Aeronautics Bulletin No. 7–A of the Budget under control number 2120–0005) U.S. Department of Commerce dated [Docket 18334, 54 FR 34308, Aug. 18, 1989, as January 1, 1931, as amended, or under amended by Amdt. 91–282, 69 FR 44881, July the normal category of part 4a of the 27, 2004; Docket FAA–2016–9157, Amdt. 91–347, former Civil Air Regulations (14 CFR 82 FR 3167, Jan. 11, 2017; Docket FAA–2024– part 4a, 1964 ed.) if that airplane is op- 2580, Amdt. 91–380, 89 FR 90578, Nov. 18, 2024; Docket FAA–2023–1351, Amdt. 91–378, 89 FR erated in the State of Alaska by— 80340, Oct. 2, 2024] (1) A certificate holder conducting operations under part 121 or part 135 of § 91.321 Carriage of candidates in elec- this chapter; or tions.
(2) The U.S. Department of Interior (a) As an aircraft operator, you may in conducting its game and fish law en- receive payment for carrying a can- forcement activities or its manage- didate, agent of a candidate, or person ment, fire detection, and fire suppres- traveling on behalf of a candidate, run- sion activities concerning public lands.
ning for Federal, State, or local elec- (b) The maximum certificated weight tion, without having to comply with approved under this section may not the rules in parts 121, 125 or 135 of this exceed— chapter, under the following condi- (1) 12,500 pounds; tions: (2) 115 percent of the maximum (1) Your primary business is not as an weight listed in the FAA aircraft speci- air carrier or commercial operator; fications; (2) You carry the candidate, agent, or (3) The weight at which the airplane person traveling on behalf of a can- meets the positive maneuvering load didate, under the rules of part 91; and factor n, where n =2.1+(24,000/(W+10,000)) (3) By Federal, state or local law, you and W=design maximum takeoff are required to receive payment for weight, except that n need not be more carrying the candidate, agent, or per- than 3.8; or son traveling on behalf of a candidate. (4) The weight at which the airplane For federal elections, the payment may meets the climb performance require- not exceed the amount required by the ments under which it was type certifi- Federal Election Commission. For a cated.
state or local election, the payment (c) In determining the maximum cer- may not exceed the amount required tificated weight, the Administrator under the applicable state or local law. considers the structural soundness of (b) For the purposes of this section, the airplane and the terrain to be tra- for Federal elections, the terms can- versed.
didate and election have the same mean- (d) The maximum certificated weight ing as set forth in the regulations of determined under this section is added the Federal Election Commission. For to the airplane’s operation limitations State or local elections, the terms can- and is identified as the maximum 14 CFR Ch. I (1–1–25 Edition) § 91.325 weight authorized for operations with- (b) Operations requiring a letter of devi- in the State of Alaska. ation authority. Except as provided in paragraphs (c) and (d) of this section, [Docket 18334, 54 FR 34308, Aug. 18, 1989; no person may conduct flight training, Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as checking, or testing in a limited cat- amended by Amdt. 91–253, 62 FR 13253, Mar.
egory or experimental aircraft without 19, 1997; Docket FAA–2015–1621, Amdt. 91–346, 81 FR 96700, Dec. 30, 2016] deviation authority issued under this paragraph (b).
§ 91.325 Primary category aircraft: Op- (1) No person may operate under this erating limitations.
section without a letter of deviation (a) Unless provided for in this sec- authority (LODA) issued by the Admin- tion, no person may operate a primary istrator.
category aircraft carrying persons or (2) The FAA may deny an application property for compensation or hire in for a letter of deviation authority if it operations that: determines the deviation would not be (1) Require an air carrier or commer- in the interest of safety or is unneces- cial operator certificate issued under sary. The FAA may cancel or amend a part 119 of this chapter; letter of deviation authority if it deter- (2) Are listed in § 119.1(e) of this chap- mines that the deviation holder has ter; failed to comply with the conditions (3) Require management specifica- and limitations or at any time if the tions for a fractional ownership pro- Administrator determines that the de- gram issued in accordance with subpart viation is no longer necessary or in the K of this part; or interest of safety.
(4) Are conducted under part 129, 133, (3) An applicant must submit a re- or 137 of this chapter.
quest for deviation authority in a form (b) Except as provided in § 91.326(c), and manner acceptable to the Adminis- no person may operate a primary cat- trator at least 60 days before the date egory aircraft that is maintained by of intended operations. A request for the pilot-owner under an approved spe- deviation authority must contain a cial inspection and maintenance pro- complete description of the proposed gram except— operation that establishes a level of (1) The pilot-owner; or safety equivalent to that provided (2) A designee of the pilot-owner, pro- under the regulations for the deviation vided that the pilot-owner does not re- requested, including: ceive compensation for the use of the (i) A letter identifying the name and aircraft.
address of the applicant; (c) A primary category aircraft that (ii) The name and contact informa- is maintained by an appropriately tion of the individual with ultimate re- rated mechanic or an authorized cer- sponsibility for operations authorized tificated repair station in accordance under the deviation authority; with the applicable provisions of part (iii) Specific aircraft make(s), 43 of this chapter may be used to con- model(s), registration number(s), and duct flight training, checking, and serial number(s) to be used; testing for compensation or hire.
(iv) Copies of each aircraft’s air- worthiness certificate, including the [Docket FAA–2023–1351, Amdt. 91–378, 89 FR FAA-issued operating limitations, if 80340, Oct. 2, 2024] applicable; § 91.326 Exception to operating certain (v) Ejection seat information, if ap- aircraft for the purposes of flight plicable; training, flightcrew member check- (vi) A detailed training program that ing, or flightcrew member testing.
demonstrates the proposed activities (a) General. Notwithstanding the pro- will meet the intended training objec- hibitions in §§ 91.315, 91.319(a), and tives; 91.325, a person may conduct flight (vii) A description of the applicant’s training, checking, or testing in a lim- process to determine whether a trainee ited category aircraft, experimental has a specific need for formation or aircraft, or primary category aircraft aerobatic training, or training leading under the provisions of this section. to the issuance of an endorsement, if Federal Aviation Administration, DOT § 91.326 those types of training are being re- quired to hold the applicable type rat- quested; and ing, authorized experimental author- (viii) Any other information that the ization rating, or a temporary Letter Administrator deems necessary to of Authorization prior to the com- evaluate the application. mencement of training.
(4) The holder of a letter of deviation (D) For ultralight-style training, the authority must comply with any condi- person receiving training is not re- tions and limitations provided in that quired to meet category and class rat- letter of deviation authority. Unless ings or § 61.31 of this chapter endorse- otherwise authorized by the Adminis- ment requirements. However, if the trator, the deviation authority will in- flight training includes a solo flight clude the following conditions and lim- segment, this does not relieve the per- itations: son receiving training from the re- (i) The operator must use the air- quirements of part 61, subpart C, of craft-specific flight and ground train- this chapter. This training is limited to ing program for the training author- a low mass, high drag aircraft with an ized by the letter of deviation author- empty weight less than 650 pounds and ity. Demonstration flights, discovery a maximum speed in level flight with flights, experience flights, and other maximum continuous power less than flights not related to the training pro- 87 KCAS.
gram are not authorized.
(iii) If the aircraft is equipped with (ii) As appropriate to the aircraft ejection seats and systems, such sys- being flown, all trainees must hold cat- tems must be rigged, maintained, and egory and class ratings; a type rating, inspected in accordance with the man- Authorized Experimental Aircraft au- ufacturer’s recommendations. Before thorization, or temporary Letter of Au- providing training in aircraft equipped thorization; and endorsements listed in with operable ejection systems, wheth- § 61.31 of this chapter, as appropriate, er armed or not armed, all aircraft oc- with the following exceptions: cupants must complete a course of (A) Persons receiving gyroplane ejection seat training.
training or training leading to the ini- (iv) When conducting spin and upset tial issuance of a sport pilot certificate training, the operator must maintain a or flight instructor certificate with a minimum recovery altitude of 6,000 feet sport pilot rating in a low mass, high above ground level unless the Adminis- drag aircraft with an empty weight less trator authorizes a lower altitude.
than 650 pounds and a V ≤ 87 Knots H (v) A copy of the LODA must be car- Calibrated Airspeed (KCAS) are not re- ried on board the aircraft during flight quired to hold category or class rat- training conducted under the LODA.
ings. For training leading to an en- (vi) The LODA holder must keep a dorsement for additional sport pilot record of the training given for a pe- privileges, the pilot receiving the riod of 36 calendar months from the training must hold at least a sport completion date of the training. The pilot certificate with appropriate cat- authorized instructor must sign the egory and class ratings and endorse- trainee’s training record certifying ments issued under § 61.31 of this chap- that the flight training or ground ter, as appropriate.
training was given. The training record (B) Persons with a specific need to re- must include the following: ceive training toward the issuance of (A) The name and certificate number an endorsement are not required to (if applicable) of the trainee; hold the § 61.31 of this chapter endorse- (B) The name, signature, and certifi- ment sought. Any endorsements being cate number of the instructor; provided must be authorized in the (C) The date trained; LODA.
(D) The training received; (C) Persons receiving jet unusual at- (E) The trainee’s specific need for titude and upset recovery training, training, if applicable.
limited category type rating training, or authorized experimental aircraft au- (vii) Notwithstanding § 43.1(b) of this thorization training, if required for the chapter or § 91.409(c)(1), all aircraft type of aircraft being flown, are not re- must: 14 CFR Ch. I (1–1–25 Edition) § 91.326 (A) Except for turbine powered or action, the time and date when the large aircraft, within the preceding 100 next action is required.
hours of time in service, have received (5) Only the following persons may be an annual, 100-hour, or condition in- on board the aircraft during operations spection equivalent to the scope and conducted under the deviation author- detail of appendix D to part 43 of this ity: chapter and been approved for return (i) The authorized instructor, des- to service in accordance with part 43.
ignated examiner, person receiving The 100-hour limitation may be exceed- flight training or being checked or ed by not more than 10 hours while tested, or persons essential for the safe enroute to reach a place where the in- operation of the aircraft; and spection can be done. The excess time (ii) Notwithstanding any operating used to reach a place where the inspec- limitation applicable under § 91.9(a) tion can be done must be included in that prohibits the carriage of pas- computing the next 100 hours of time sengers for compensation or hire, up to in service; or two persons enrolled in a LODA train- (B) Except for turbine powered or ing course for the same aircraft may large aircraft, be inspected in accord- observe the flight training from a ance with an FAA-approved inspection forwardmost observer seat with an un- program that includes provisions for obstructed view of the flight deck, pro- ensuring continued airworthiness and vided carriage of those persons is not recording the current status on life- prohibited by any other regulation.
limited parts and in accordance with (6) The Administrator may limit the the manufacturer’s instructions.
types of training, testing, and checking (C) For turbine-powered or large air- authorized under this deviation author- craft, be inspected in accordance with ity. Training, testing, and checking an FAA-approved inspection program under this deviation authority must be that meets the scope and detail of the conducted consistent with the training requirements of § 91.409(e), (f)(4), and (g) program submitted for FAA review.
for ensuring continued airworthiness (c) Operations not requiring a letter of and recording time remaining on life- deviation authority. The following oper- limited parts in accordance with the ations may be conducted without a let- manufacturer’s instructions.
ter of deviation authority.
(viii) Notwithstanding any exception (1) An authorized instructor, reg- due to the experimental airworthiness istered owner, lessor, or lessee of an certification of the aircraft, LODA aircraft is not required to obtain a let- holders with experimental aircraft ter of deviation authority from the Ad- must comply with FAA Airworthiness ministrator to allow, conduct, or re- Directives applicable to any cor- ceive flight training, checking, or test- responding make or model aircraft ing in a limited category aircraft, ex- holding a different type of airworthi- perimental aircraft, or primary cat- ness certificate or applicable to any ar- egory aircraft if— ticle installed on the aircraft. The (i) The authorized instructor is not LODA holder must evaluate the air- providing both the training and the craft and its articles to determine if aircraft; compliance with the FAA Airworthi- (ii) No person advertises or broadly ness Directive is necessary for the con- offers the aircraft as available for tinued safe operation of the aircraft.
flight training, checking, or testing; LODA holders must keep a mainte- and nance record entry of those FAA Air- worthiness Directives evaluated. For (iii) No person receives compensation those FAA Airworthiness Directives for the use of the aircraft for any flight during which flight training, checking, for which the LODA holder determined or testing was received, other than ex- compliance was necessary for the con- penses for owning, operating, and tinued safe operation of the aircraft, the record must also include the meth- maintaining the aircraft. Compensa- od of compliance, and if the FAA Air- tion for the use of the aircraft for prof- worthiness Directive requires recurring it is prohibited.
Federal Aviation Administration, DOT § 91.327 (2) A person may operate a limited developed by the aircraft manufacturer category aircraft, experimental air- or a person acceptable to the FAA; craft, or primary category aircraft to (2) A condition inspection is per- conduct flight training, checking, or formed once every 12 calendar months testing without a letter of deviation by a certificated repairman (light-sport authority if no person provides and no aircraft) with a maintenance rating, an person receives compensation for the appropriately rated mechanic, or an flight training, checking, or testing, or appropriately rated repair station in for the use of the aircraft.
accordance with inspection procedures (d) Previously issued letters of deviation developed by the aircraft manufacturer authority. For deviation authority or a person acceptable to the FAA; issued under § 91.319 prior to December (3) The owner or operator complies 2, 2024, the following requirements with all applicable airworthiness direc- apply— tives; (1) The deviation holder may con- (4) The owner or operator complies tinue to operate under the letter of de- with each safety directive applicable to viation authority until December 1, the aircraft that corrects an existing 2026; unsafe condition. In lieu of complying (2) The deviation holder must con- with a safety directive an owner or op- tinue to comply with the conditions erator may— and limitations in the letter of devi- (i) Correct the unsafe condition in a ation authority when conducting an manner different from that specified in operation under the letter of deviation the safety directive provided the per- authority in accordance with para- son issuing the directive concurs with graph (b)(1) of this section; the action; or (3) The letter of deviation authority (ii) Obtain an FAA waiver from the may be cancelled or amended at any provisions of the safety directive based time; and on a conclusion that the safety direc- (4) The letter of deviation authority tive was issued without adhering to the terminates on December 1, 2026.
applicable consensus standard; (5) Each alteration accomplished [Docket FAA–2023–1351, Amdt. 91–378, 89 FR 80341, Oct. 2, 2024] after the aircraft’s date of manufacture meets the applicable and current con- § 91.327 Aircraft having a special air- sensus standard and has been author- worthiness certificate in the light- ized by either the manufacturer or a sport category: Operating limita- person acceptable to the FAA; tions.
(6) Each major alteration to an air- (a) No person may operate an aircraft craft product produced under a con- that has a special airworthiness certifi- sensus standard is authorized, per- cate in the light-sport category for formed and inspected in accordance compensation or hire except— with maintenance and inspection pro- (1) To tow a glider or an unpowered cedures developed by the manufacturer ultralight vehicle in accordance with or a person acceptable to the FAA; and § 91.309 of this chapter; or (7) The owner or operator complies (2) To conduct flight training, check- with the requirements for the record- ing, and testing. ing of major repairs and major alter- (b) No person may operate an aircraft ations performed on type-certificated that has a special airworthiness certifi- products in accordance with § 43.9(d) of cate in the light-sport category un- this chapter, and with the retention re- less— quirements in § 91.417.
(1) The aircraft is maintained by a (c) No person may operate an aircraft certificated repairman with a light- issued a special airworthiness certifi- sport aircraft maintenance rating, an cate in the light-sport category to tow appropriately rated mechanic, or an a glider or unpowered ultralight vehi- appropriately rated repair station in cle for compensation or hire or conduct accordance with the applicable provi- flight training for compensation or sions of part 43 of this chapter and hire in an aircraft which that persons maintenance and inspection procedures provides unless within the preceding 14 CFR Ch. I (1–1–25 Edition) §§ 91.328–91.399 100 hours of time in service the aircraft in part 121, 129, or §§ 91.1411 or has— 135.411(a)(2) of this chapter.
(1) Been inspected by a certificated (c) Sections 91.405 and 91.409 of this repairman with a light-sport aircraft part do not apply to an airplane in- maintenance rating, an appropriately spected in accordance with part 125 of rated mechanic, or an appropriately this chapter.
rated repair station in accordance with [Docket 18334, 54 FR 34311, Aug. 18, 1989, as inspection procedures developed by the amended by Amdt. 91–267, 66 FR 21066, Apr.
aircraft manufacturer or a person ac- 27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17, ceptable to the FAA and been approved 2003] for return to service in accordance with part 43 of this chapter; or § 91.403 General.
(2) Received an inspection for the issuance of an airworthiness certificate (a) The owner or operator of an air- in accordance with part 21 of this chap- craft is primarily responsible for main- ter. taining that aircraft in an airworthy (d) Each person operating an aircraft condition, including compliance with issued a special airworthiness certifi- part 39 of this chapter.
cate in the light-sport category must (b) No person may perform mainte- operate the aircraft in accordance with nance, preventive maintenance, or al- the aircraft’s operating instructions, terations on an aircraft other than as including any provisions for necessary prescribed in this subpart and other ap- operating equipment specified in the plicable regulations, including part 43 aircraft’s equipment list.
of this chapter.
(e) Each person operating an aircraft (c) No person may operate an aircraft issued a special airworthiness certifi- for which a manufacturer’s mainte- cate in the light-sport category must nance manual or instructions for con- advise each person carried of the spe- tinued airworthiness has been issued cial nature of the aircraft and that the that contains an airworthiness limita- aircraft does not meet the airworthi- tions section unless the mandatory re- ness requirements for an aircraft placement times, inspection intervals, issued a standard airworthiness certifi- and related procedures specified in that cate.
section or alternative inspection inter- (f) The FAA may prescribe additional vals and related procedures set forth in limitations that it considers necessary.
an operations specification approved [Docket FAA–2001–11133, 69 FR 44881, July 27, by the Administrator under part 121 or 2004, as amended by Docket FAA–2023–1351, 135 of this chapter or in accordance Amdt. 91–378, 89 FR 80342, Oct. 2, 2024] with an inspection program approved under § 91.409(e) have been complied §§ 91.328–91.399 [Reserved] with.
(d) A person must not alter an air- Subpart E—Maintenance, Preven- craft based on a supplemental type cer- tive Maintenance, and Alter- tificate unless the owner or operator of ations the aircraft is the holder of the supple- mental type certificate, or has written S OURCE : Docket 18334, 54 FR 34311, Aug. 18, permission from the holder.
1989, unless otherwise noted.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as § 91.401 Applicability. amended by Amdt. 91–267, 66 FR 21066, Apr.
27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, (a) This subpart prescribes rules gov- 2006] erning the maintenance, preventive maintenance, and alterations of U.S.- § 91.405 Maintenance required.
registered civil aircraft operating with- Each owner or operator of an air- in or outside of the United States.
craft— (b) Sections 91.405, 91.409, 91.411, 91.417, and 91.419 of this subpart do not (a) Shall have that aircraft inspected apply to an aircraft maintained in ac- as prescribed in subpart E of this part cordance with a continuous airworthi- and shall between required inspections, ness maintenance program as provided except as provided in paragraph (c) of Federal Aviation Administration, DOT § 91.409 this section, have discrepancies re- § 91.409 Inspections.
paired as prescribed in part 43 of this (a) Except as provided in paragraph chapter; (c) of this section, no person may oper- (b) Shall ensure that maintenance ate an aircraft unless, within the pre- personnel make appropriate entries in ceding 12 calendar months, it has had— the aircraft maintenance records indi- (1) An annual inspection in accord- cating the aircraft has been approved ance with part 43 of this chapter and for return to service; has been approved for return to service (c) Shall have any inoperative instru- by a person authorized by § 43.7 of this ment or item of equipment, permitted chapter; or to be inoperative by § 91.213(d)(2) of this (2) An inspection for the issuance of part, repaired, replaced, removed, or an airworthiness certificate in accord- inspected at the next required inspec- ance with part 21 of this chapter.
tion; and (d) When listed discrepancies include No inspection performed under para- inoperative instruments or equipment, graph (b) of this section may be sub- shall ensure that a placard has been in- stituted for any inspection required by stalled as required by § 43.11 of this this paragraph unless it is performed chapter.
by a person authorized to perform an- nual inspections and is entered as an § 91.407 Operation after maintenance, ‘‘annual’’ inspection in the required preventive maintenance, rebuild- maintenance records.
ing, or alteration.
(b) Except as provided in paragraph (a) No person may operate any air- (c) of this section, no person may oper- craft that has undergone maintenance, ate an aircraft carrying any person preventive maintenance, rebuilding, or (other than a crewmember) for hire, alteration unless— and no person may give flight instruc- (1) It has been approved for return to tion for hire in an aircraft which that service by a person authorized under person provides, unless within the pre- § 43.7 of this chapter; and ceding 100 hours of time in service the (2) The maintenance record entry re- aircraft has received an annual or 100- quired by § 43.9 or § 43.11, as applicable, hour inspection and been approved for of this chapter has been made.
return to service in accordance with (b) No person may carry any person part 43 of this chapter or has received (other than crewmembers) in an air- an inspection for the issuance of an air- craft that has been maintained, re- worthiness certificate in accordance built, or altered in a manner that may with part 21 of this chapter. The 100- have appreciably changed its flight hour limitation may be exceeded by characteristics or substantially af- not more than 10 hours while en route fected its operation in flight until an to reach a place where the inspection appropriately rated pilot with at least can be done. The excess time used to a private pilot certificate flies the air- reach a place where the inspection can craft, makes an operational check of be done must be included in computing the maintenance performed or alter- the next 100 hours of time in service.
ation made, and logs the flight in the (c) Paragraphs (a) and (b) of this sec- aircraft records.
tion do not apply to— (c) The aircraft does not have to be (1) An aircraft that carries a special flown as required by paragraph (b) of flight permit, a current experimental this section if, prior to flight, ground certificate, or a light-sport or provi- tests, inspection, or both show conclu- sional airworthiness certificate; sively that the maintenance, preven- (2) An aircraft inspected in accord- tive maintenance, rebuilding, or alter- ance with an approved aircraft inspec- ation has not appreciably changed the tion program under part 125 or 135 of flight characteristics or substantially this chapter and so identified by the affected the flight operation of the air- registration number in the operations craft.
specifications of the certificate holder having the approved inspection pro- (Approved by the Office of Management and Budget under control number 2120–0005) gram;
Section 4
14 CFR Ch. I (1–1–25 Edition) § 91.409 (3) An aircraft subject to the require- type certificate data sheets, airworthi- ments of paragraph (d) or (e) of this ness directives, and other approved section; or data. If the progressive inspection is (4) Turbine-powered rotorcraft when discontinued, the owner or operator the operator elects to inspect that shall immediately notify the respon- rotorcraft in accordance with para- sible Flight Standards office, in writ- graph (e) of this section.
ing, of the discontinuance. After the (d) Progressive inspection. Each reg- discontinuance, the first annual inspec- istered owner or operator of an aircraft tion under § 91.409(a)(1) is due within 12 desiring to use a progressive inspection calendar months after the last com- program must submit a written request plete inspection of the aircraft under to the responsible Flight Standards of- the progressive inspection. The 100- fice, and shall provide— hour inspection under § 91.409(b) is due (1) A certificated mechanic holding within 100 hours after that complete an inspection authorization, a certifi- inspection. A complete inspection of cated airframe repair station, or the the aircraft, for the purpose of deter- manufacturer of the aircraft to super- mining when the annual and 100-hour vise or conduct the progressive inspec- inspections are due, requires a detailed tion; inspection of the aircraft and all its (2) A current inspection procedures components in accordance with the manual available and readily under- progressive inspection. A routine in- standable to pilot and maintenance spection of the aircraft and a detailed personnel containing, in detail— inspection of several components is not (i) An explanation of the progressive considered to be a complete inspection.
inspection, including the continuity of (e) Large airplanes (to which part 125 is inspection responsibility, the making not applicable), turbojet multiengine air- of reports, and the keeping of records planes, turbopropeller-powered multien- and technical reference material; gine airplanes, and turbine-powered (ii) An inspection schedule, speci- rotorcraft. No person may operate a fying the intervals in hours or days large airplane, turbojet multiengine when routine and detailed inspections airplane, turbopropeller-powered mul- will be performed and including in- tiengine airplane, or turbine-powered structions for exceeding an inspection rotorcraft unless the replacement interval by not more than 10 hours times for life-limited parts specified in while en route and for changing an in- the aircraft specifications, type data spection interval because of service ex- sheets, or other documents approved by perience; the Administrator are complied with (iii) Sample routine and detailed in- and the airplane or turbine-powered spection forms and instructions for rotorcraft, including the airframe, en- their use; and gines, propellers, rotors, appliances, (iv) Sample reports and records and survival equipment, and emergency instructions for their use; equipment, is inspected in accordance (3) Enough housing and equipment with an inspection program selected for necessary disassembly and proper under the provisions of paragraph (f) of inspection of the aircraft; and this section, except that, the owner or (4) Appropriate current technical in- operator of a turbine-powered rotor- formation for the aircraft.
craft may elect to use the inspection The frequency and detail of the pro- provisions of § 91.409(a), (b), (c), or (d) in gressive inspection shall provide for lieu of an inspection option of the complete inspection of the aircraft § 91.409(f).
within each 12 calendar months and be (f) Selection of inspection program consistent with the manufacturer’s under paragraph (e) of this section. The recommendations, field service experi- registered owner or operator of each ence, and the kind of operation in airplane or turbine-powered rotorcraft which the aircraft is engaged. The pro- described in paragraph (e) of this sec- gressive inspection schedule must en- tion must select, identify in the air- sure that the aircraft, at all times, will craft maintenance records, and use one be airworthy and will conform to all of the following programs for the in- applicable FAA aircraft specifications, spection of the aircraft: Federal Aviation Administration, DOT § 91.411 (1) A continuous airworthiness in- (2) A schedule for performing the in- spection program that is part of a con- spections that must be performed tinuous airworthiness maintenance under the program expressed in terms program currently in use by a person of the time in service, calendar time, holding an air carrier operating certifi- number of system operations, or any cate or an operating certificate issued combination of these.
under part 121 or 135 of this chapter and (h) Changes from one inspection pro- operating that make and model air- gram to another. When an operator craft under part 121 of this chapter or changes from one inspection program operating that make and model under under paragraph (f) of this section to part 135 of this chapter and maintain- another, the time in service, calendar ing it under § 135.411(a)(2) of this chap- times, or cycles of operation accumu- ter.
lated under the previous program must (2) An approved aircraft inspection be applied in determining inspection program approved under § 135.419 of this due times under the new program.
chapter and currently in use by a per- son holding an operating certificate (Approved by the Office of Management and Budget under control number 2120–0005) issued under part 135 of this chapter.
(3) A current inspection program rec- [Docket 18334, 54 FR 34311, Aug. 18, 1989; ommended by the manufacturer.
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt.
(4) Any other inspection program es- 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282, tablished by the registered owner or 69 FR 44882, July 27, 2004; Docket FAA–2018– operator of that airplane or turbine- 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] powered rotorcraft and approved by the § 91.410 [Reserved] Administrator under paragraph (g) of this section. However, the Adminis- § 91.411 Altimeter system and altitude trator may require revision of this in- reporting equipment tests and in- spection program in accordance with spections.
the provisions of § 91.415.
(a) No person may operate an air- Each operator shall include in the se- plane, or helicopter, in controlled air- lected program the name and address space under IFR unless— of the person responsible for scheduling (1) Within the preceding 24 calendar the inspections required by the pro- months, each static pressure system, gram and make a copy of that program each altimeter instrument, and each available to the person performing in- automatic pressure altitude reporting spections on the aircraft and, upon re- system has been tested and inspected quest, to the Administrator.
and found to comply with appendices E (g) Inspection program approved under and F of part 43 of this chapter; paragraph (e) of this section. Each oper- (2) Except for the use of system drain ator of an airplane or turbine-powered and alternate static pressure valves, rotorcraft desiring to establish or following any opening and closing of change an approved inspection program the static pressure system, that system under paragraph (f)(4) of this section has been tested and inspected and must submit the program for approval found to comply with paragraph (a), to the responsible Flight Standards of- appendix E, of part 43 of this chapter; fice. The program must be in writing and and include at least the following in- (3) Following installation or mainte- formation: nance on the automatic pressure alti- (1) Instructions and procedures for tude reporting system of the ATC the conduct of inspections for the par- transponder where data correspondence ticular make and model airplane or error could be introduced, the inte- turbine-powered rotorcraft, including grated system has been tested, in- necessary tests and checks. The in- spected, and found to comply with structions and procedures must set paragraph (c), appendix E, of part 43 of forth in detail the parts and areas of this chapter.
the airframe, engines, propellers, ro- tors, and appliances, including survival (b) The tests required by paragraph and emergency equipment required to (a) of this section must be conducted be inspected. by— 14 CFR Ch. I (1–1–25 Edition) § 91.413 (1) The manufacturer of the airplane, (ii) A limited radio rating appro- or helicopter, on which the tests and priate to the make and model trans- inspections are to be performed; ponder to be tested; (2) A certificated repair station prop- (iii) A limited rating appropriate to the test to be performed; erly equipped to perform those func- (2) A holder of a continuous air- tions and holding— worthiness maintenance program as (i) An instrument rating, Class I; provided in part 121 or § 135.411(a)(2) of (ii) A limited instrument rating ap- this chapter; or propriate to the make and model of ap- (3) The manufacturer of the aircraft pliance to be tested; on which the transponder to be tested (iii) A limited rating appropriate to is installed, if the transponder was in- the test to be performed; stalled by that manufacturer.
(iv) An airframe rating appropriate to the airplane, or helicopter, to be [Docket 18334, 54 FR 34311, Aug. 18, 1989, as tested; or amended by Amdt. 91–267, 66 FR 21066, Apr.
27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6, (3) A certificated mechanic with an 2001] airframe rating (static pressure system tests and inspections only).
§ 91.415 Changes to aircraft inspection (c) Altimeter and altitude reporting programs.
equipment approved under Technical (a) Whenever the Administrator finds Standard Orders are considered to be that revisions to an approved aircraft tested and inspected as of the date of inspection program under § 91.409(f)(4) their manufacture.
or § 91.1109 are necessary for the contin- (d) No person may operate an air- ued adequacy of the program, the plane, or helicopter, in controlled air- owner or operator must, after notifica- space under IFR at an altitude above tion by the Administrator, make any the maximum altitude at which all al- changes in the program found to be timeters and the automatic altitude re- necessary by the Administrator.
porting system of that airplane, or hel- (b) The owner or operator may peti- icopter, have been tested.
tion the Administrator to reconsider [Docket 18334, 54 FR 34308, Aug. 18, 1989, as the notice to make any changes in a amended by Amdt. 91–269, 66 FR 41116, Aug. 6, program in accordance with paragraph 2001; 72 FR 7739, Feb. 20, 2007] (a) of this section.
(c) The petition must be filed with § 91.413 ATC transponder tests and in- the Executive Director, Flight Stand- spections.
ards Service within 30 days after the (a) No persons may use an ATC trans- certificate holder or fractional owner- ponder that is specified in 91.215(a), ship program manager receives the no- 121.345(c), or § 135.143(c) of this chapter tice.
unless, within the preceding 24 cal- (d) Except in the case of an emer- endar months, the ATC transponder gency requiring immediate action in has been tested and inspected and the interest of safety, the filing of the found to comply with appendix F of petition stays the notice pending a de- part 43 of this chapter; and cision by the Administrator.
(b) Following any installation or [Docket 18334, 54 FR 34311, Aug. 18, 1989, as maintenance on an ATC transponder amended by Amdt. 91–280, 68 FR 54560, Sept.
where data correspondence error could 17, 2003; Docket FAA–2018–0119, Amdt. 91–350, be introduced, the integrated system 83 FR 9171, Mar. 5, 2018] has been tested, inspected, and found § 91.417 Maintenance records.
to comply with paragraph (c), appendix E, of part 43 of this chapter.
(a) Except for work performed in ac- (c) The tests and inspections speci- cordance with §§ 91.411 and 91.413, each fied in this section must be conducted registered owner or operator shall keep by— the following records for the periods (1) A certificated repair station prop- specified in paragraph (b) of this sec- erly equipped to perform those func- tion: tions and holding— (1) Records of the maintenance, pre- (i) A radio rating, Class III; ventive maintenance, and alteration Federal Aviation Administration, DOT § 91.419 and records of the 100-hour, annual, (3) A list of defects furnished to a progressive, and other required or ap- registered owner or operator under proved inspections, as appropriate, for § 43.11 of this chapter shall be retained each aircraft (including the airframe) until the defects are repaired and the and each engine, propeller, rotor, and aircraft is approved for return to serv- appliance of an aircraft. The records ice.
must include— (c) The owner or operator shall make (i) A description (or reference to data all maintenance records required to be acceptable to the Administrator) of the kept by this section available for in- work performed; and spection by the Administrator or any (ii) The date of completion of the authorized representative of the Na- work performed; and tional Transportation Safety Board (iii) The signature, and certificate (NTSB). In addition, the owner or oper- number of the person approving the ator shall present Form 337 described aircraft for return to service.
in paragraph (d) of this section for in- (2) Records containing the following spection upon request of any law en- information: forcement officer.
(i) The total time in service of the (d) When a fuel tank is installed airframe, each engine, each propeller, within the passenger compartment or a and each rotor.
baggage compartment pursuant to part (ii) The current status of life-limited 43 of this chapter, a copy of FAA Form parts of each airframe, engine, pro- 337 shall be kept on board the modified peller, rotor, and appliance.
aircraft by the owner or operator.
(iii) The time since last overhaul of all items installed on the aircraft (Approved by the Office of Management and which are required to be overhauled on Budget under control number 2120–0005) a specified time basis.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as (iv) The current inspection status of amended by Amdt. 91–311, 75 FR 5223, Feb. 1, the aircraft, including the time since 2010; Amdt. 91–323, 76 FR 39260, July 6, 2011] the last inspection required by the in- spection program under which the air- § 91.419 Transfer of maintenance craft and its appliances are main- records.
tained.
Any owner or operator who sells a (v) The current status of applicable U.S.-registered aircraft shall transfer airworthiness directives (AD) and safe- to the purchaser, at the time of sale, ty directives including, for each, the the following records of that aircraft, method of compliance, the AD or safe- in plain language form or in coded form ty directive number and revision date.
at the election of the purchaser, if the If the AD or safety directive involves coded form provides for the preserva- recurring action, the time and date tion and retrieval of information in a when the next action is required.
manner acceptable to the Adminis- (vi) Copies of the forms prescribed by trator: § 43.9(d) of this chapter for each major (a) The records specified in alteration to the airframe and cur- § 91.417(a)(2).
rently installed engines, rotors, propel- (b) The records specified in lers, and appliances.
§ 91.417(a)(1) which are not included in (b) The owner or operator shall re- the records covered by paragraph (a) of tain the following records for the peri- this section, except that the purchaser ods prescribed: may permit the seller to keep physical (1) The records specified in paragraph custody of such records. However, cus- (a)(1) of this section shall be retained tody of records by the seller does not until the work is repeated or super- seded by other work or for 1 year after relieve the purchaser of the responsi- the work is performed. bility under § 91.417(c) to make the records available for inspection by the (2) The records specified in paragraph Administrator or any authorized rep- (a)(2) of this section shall be retained and transferred with the aircraft at the resentative of the National Transpor- time the aircraft is sold. tation Safety Board (NTSB).
14 CFR Ch. I (1–1–25 Edition) § 91.421 121, 125, 129, 135, and 137 of this chapter.
§ 91.421 Rebuilt engine maintenance records. (Section 91.409 prescribes an inspection program for large and for turbine-pow- (a) The owner or operator may use a ered (turbojet and turboprop) multien- new maintenance record, without pre- gine airplanes and turbine-powered vious operating history, for an aircraft rotorcraft of U.S. registry when they engine rebuilt by the manufacturer or are operated under this part or part 129 by an agency approved by the manufac- or 137.)
turer.
(b) Operations that may be conducted (b) Each manufacturer or agency under the rules in this subpart instead that grants zero time to an engine re- of those in parts 121, 129, 135, and 137 of built by it shall enter in the new this chapter when common carriage is record— not involved, include— (1) A signed statement of the date the (1) Ferry or training flights; engine was rebuilt; (2) Aerial work operations such as (2) Each change made as required by aerial photography or survey, or pipe- airworthiness directives; and line patrol, but not including fire fight- (3) Each change made in compliance ing operations; with manufacturer’s service bulletins, (3) Flights for the demonstration of if the entry is specifically requested in an airplane to prospective customers that bulletin.
when no charge is made except for (c) For the purposes of this section, a those specified in paragraph (d) of this rebuilt engine is a used engine that has section; been completely disassembled, in- (4) Flights conducted by the operator spected, repaired as necessary, reas- of an airplane for his personal trans- sembled, tested, and approved in the portation, or the transportation of his same manner and to the same toler- guests when no charge, assessment, or ances and limits as a new engine with fee is made for the transportation; either new or used parts. However, all (5) Carriage of officials, employees, parts used in it must conform to the guests, and property of a company on production drawing tolerances and lim- an airplane operated by that company, its for new parts or be of approved or the parent or a subsidiary of the oversized or undersized dimensions for company or a subsidiary of the parent, a new engine.
when the carriage is within the scope of, and incidental to, the business of §§ 91.423–91.499 [Reserved] the company (other than transpor- tation by air) and no charge, assess- Subpart F—Large and Turbine- ment or fee is made for the carriage in Powered Multiengine Air- excess of the cost of owning, operating, planes and Fractional Owner- and maintaining the airplane, except ship Program Aircraft that no charge of any kind may be made for the carriage of a guest of a S OURCE : Docket 18334, 54 FR 34314, Aug. 18, company, when the carriage is not 1989, unless otherwise noted.
within the scope of, and incidental to, the business of that company; § 91.501 Applicability.
(6) The carriage of company officials, (a) This subpart prescribes operating employees, and guests of the company rules, in addition to those prescribed in on an airplane operated under a time other subparts of this part, governing sharing, interchange, or joint owner- the operation of large airplanes of U.S. ship agreement as defined in paragraph registry, turbojet-powered multiengine (c) of this section; civil airplanes of U.S. registry, and (7) The carriage of property (other fractional ownership program aircraft than mail) on an airplane operated by of U.S. registry that are operating a person in the furtherance of a busi- under subpart K of this part in oper- ness or employment (other than trans- ations not involving common carriage. portation by air) when the carriage is The operating rules in this subpart do within the scope of, and incidental to, not apply to those aircraft when they that business or employment and no are required to be operated under parts charge, assessment, or fee is made for Federal Aviation Administration, DOT § 91.503 the carriage other than those specified for that airplane and each of the reg- in paragraph (d) of this section; istered joint owners pays a share of the (8) The carriage on an airplane of an charge specified in the agreement.
athletic team, sports group, choral (d) The following may be charged, as group, or similar group having a com- expenses of a specific flight, for trans- mon purpose or objective when there is portation as authorized by paragraphs no charge, assessment, or fee of any (b) (3) and (7) and (c)(1) of this section: kind made by any person for that car- (1) Fuel, oil, lubricants, and other ad- riage; and ditives.
(9) The carriage of persons on an air- (2) Travel expenses of the crew, in- plane operated by a person in the fur- cluding food, lodging, and ground therance of a business other than transportation.
transportation by air for the purpose of (3) Hangar and tie-down costs away selling them land, goods, or property, from the aircraft’s base of operation.
(4) Insurance obtained for the specific including franchises or distributor- flight.
ships, when the carriage is within the (5) Landing fees, airport taxes, and scope of, and incidental to, that busi- similar assessments.
ness and no charge, assessment, or fee (6) Customs, foreign permit, and is made for that carriage.
similar fees directly related to the (10) Any operation identified in para- flight.
graphs (b)(1) through (b)(9) of this sec- (7) In flight food and beverages.
tion when conducted— (8) Passenger ground transportation.
(i) By a fractional ownership program (9) Flight planning and weather con- manager, or tract services.
(ii) By a fractional owner in a frac- (10) An additional charge equal to 100 tional ownership program aircraft op- percent of the expenses listed in para- erated under subpart K of this part, ex- graph (d)(1) of this section.
cept that a flight under a joint owner- ship arrangement under paragraph [Docket 18334, 54 FR 34314, Aug. 18, 1989, as (b)(6) of this section may not be con- amended by Amdt. 91–280, 68 FR 54560, Sept.
ducted. For a flight under an inter- 17, 2003] change agreement under paragraph § 91.503 Flying equipment and oper- (b)(6) of this section, the exchange of ating information.
equal time for the operation must be properly accounted for as part of the (a) The pilot in command of an air- total hours associated with the frac- plane shall ensure that the following tional owner’s share of ownership.
flying equipment and aeronautical (c) As used in this section— charts and data, in current and appro- (1) A time sharing agreement means an priate form, are accessible for each arrangement whereby a person leases flight at the pilot station of the air- his airplane with flight crew to another plane: person, and no charge is made for the (1) A flashlight having at least two flights conducted under that arrange- size ‘‘D’’ cells, or the equivalent, that ment other than those specified in is in good working order.
paragraph (d) of this section; (2) A cockpit checklist containing (2) An interchange agreement means an the procedures required by paragraph arrangement whereby a person leases (b) of this section.
his airplane to another person in ex- (3) Pertinent aeronautical charts.
change for equal time, when needed, on (4) For IFR, VFR over-the-top, or the other person’s airplane, and no night operations, each pertinent navi- charge, assessment, or fee is made, ex- gational en route, terminal area, and cept that a charge may be made not to approach and letdown chart.
exceed the difference between the cost (5) In the case of multiengine air- of owning, operating, and maintaining planes, one-engine inoperative climb the two airplanes; performance data.
(3) A joint ownership agreement means (b) Each cockpit checklist must con- an arrangement whereby one of the tain the following procedures and shall registered joint owners of an airplane be used by the flight crewmembers employs and furnishes the flight crew when operating the airplane: 14 CFR Ch. I (1–1–25 Edition) § 91.505 (1) Before starting engines.
§ 91.509 Survival equipment for (2) Before takeoff. overwater operations.
(3) Cruise.
(a) No person may take off an air- (4) Before landing.
plane for a flight over water more than (5) After landing.
50 nautical miles from the nearest (6) Stopping engines.
shore unless that airplane is equipped (7) Emergencies.
with a life preserver or an approved flo- (c) Each emergency cockpit checklist tation means for each occupant of the procedure required by paragraph (b)(7) airplane.
of this section must contain the fol- (b) Except as provided in paragraph lowing procedures, as appropriate: (c) of this section, no person may take (1) Emergency operation of fuel, hy- off an airplane for flight over water draulic, electrical, and mechanical sys- more than 30 minutes flying time or 100 tems.
nautical miles from the nearest shore, (2) Emergency operation of instru- whichever is less, unless it has on ments and controls.
board the following survival equip- (3) Engine inoperative procedures.
ment: (4) Any other procedures necessary (1) A life preserver, equipped with an for safety.
approved survivor locator light, for (d) The equipment, charts, and data each occupant of the airplane.
(2) Enough liferafts (each equipped prescribed in this section shall be used with an approved survival locator by the pilot in command and other light) of a rated capacity and buoyancy members of the flight crew, when perti- to accommodate the occupants of the nent.
airplane.
§ 91.505 Familiarity with operating (3) At least one pyrotechnic signaling limitations and emergency equip- device for each liferaft.
ment.
(4) One self-buoyant, water-resistant, (a) Each pilot in command of an air- portable emergency radio signaling de- plane shall, before beginning a flight, vice that is capable of transmission on become familiar with the Airplane the appropriate emergency frequency Flight Manual for that airplane, if one or frequencies and not dependent upon is required, and with any placards, list- the airplane power supply.
ings, instrument markings, or any (5) A lifeline stored in accordance combination thereof, containing each with § 25.1411(g) of this chapter.
operating limitation prescribed for (c) A fractional ownership program that airplane by the Administrator, in- manager under subpart K of this part cluding those specified in § 91.9(b). may apply for a deviation from para- (b) Each required member of the crew graphs (b)(2) through (5) of this section shall, before beginning a flight, become for a particular over water operation or familiar with the emergency equip- the Administrator may amend the ment installed on the airplane to which management specifications to require that crewmember is assigned and with the carriage of all or any specific items the procedures to be followed for the of the equipment listed in paragraphs use of that equipment in an emergency (b)(2) through (5) of this section.
(d) The required life rafts, life pre- situation.
servers, and signaling devices must be § 91.507 Equipment requirements: installed in conspicuously marked lo- Over-the-top or night VFR oper- cations and easily accessible in the ations.
event of a ditching without appreciable No person may operate an airplane time for preparatory procedures.
over-the-top or at night under VFR un- (e) A survival kit, appropriately less that airplane is equipped with the equipped for the route to be flown, instruments and equipment required must be attached to each required life for IFR operations under § 91.205(d) and raft.
one electric landing light for night op- (f) As used in this section, the term erations. Each required instrument and shore means that area of the land adja- item of equipment must be in operable cent to the water that is above the condition. high water mark and excludes land Federal Aviation Administration, DOT § 91.513 areas that are intermittently under (d) Notwithstanding the provisions of water. paragraph (a) of this section, when both VHF and HF communications [Docket 18334, 54 FR 34314, Aug. 18, 1989, as equipment are required for the route amended by Amdt. 91–280, 68 FR 54561, Sept.
and the airplane has two VHF trans- 17, 2003] mitters and two VHF receivers for § 91.511 Communication and naviga- communications, only one HF trans- tion equipment for overwater oper- mitter and one HF receiver is required ations.
for communications.
(a) Except as provided in paragraphs (e) As used in this section, the term (c), (d), and (f) of this section, no per- shore means that area of the land adja- son operating under this subpart may cent to the water which is above the take off an airplane for a flight over high-water mark and excludes land water more than 30 minutes flying areas which are intermittently under time or 100 nautical miles from the water.
nearest shore unless it has at least the (f) Notwithstanding the requirements following operable equipment: in paragraph (a)(2) of this section, a (1) Radio communication equipment person may operate in the Gulf of Mex- appropriate to the facilities to be used ico, the Caribbean Sea, and the Atlan- and able to transmit to, and receive tic Ocean west of a line which extends from, at least one communication fa- from 44 ° 47 ′ 00 ″ N / 67 ° 00 ′ 00 ″ W to 39 ° 00 ′ 00 ″ cility from any place along the route: N / 67 ° 00 ′ 00 ″ W to 38 ° 30 ′ 00 ″ N / 60 ° 00 ′ 00 ″ W (i) Two transmitters.
south along the 60 ° 00 ′ 00 ″ W longitude (ii) Two microphones.
line to the point where the line inter- (iii) Two headsets or one headset and sects with the northern coast of South one speaker.
America, when: (iv) Two independent receivers.
(1) A single long-range navigation (2) Appropriate electronic naviga- system is installed, operational, and tional equipment consisting of at least appropriate for the route; and two independent electronic navigation (2) Flight conditions and the air- units capable of providing the pilot craft’s capabilities are such that no with the information necessary to more than a 30-minute gap in two-way navigate the airplane within the air- radio very high frequency communica- space assigned by air traffic control.
tions is expected to exist.
However, a receiver that can receive [Docket 18334, 54 FR 34314, Aug. 18, 1989, as both communications and required amended by Amdt. 91–249, 61 FR 7190, Feb. 26, navigational signals may be used in 1996; Amdt. 91–296, 72 FR 31679, June 7, 2007; place of a separate communications re- Docket FAA–2022–1355, Amdt. 91–366, 87 FR ceiver and a separate navigational sig- 75846, Dec. 9, 2022] nal receiver or unit.
(b) For the purposes of paragraphs § 91.513 Emergency equipment.
(a)(1)(iv) and (a)(2) of this section, a re- (a) No person may operate an air- ceiver or electronic navigation unit is plane unless it is equipped with the independent if the function of any part emergency equipment listed in this of it does not depend on the func- section.
tioning of any part of another receiver (b) Each item of equipment— or electronic navigation unit.
(1) Must be inspected in accordance (c) Notwithstanding the provisions of with § 91.409 to ensure its continued paragraph (a) of this section, a person serviceability and immediate readiness may operate an airplane on which no for its intended purposes; passengers are carried from a place (2) Must be readily accessible to the where repairs or replacement cannot be crew; made to a place where they can be (3) Must clearly indicate its method made, if not more than one of each of of operation; and the dual items of radio communication and navigational equipment specified (4) When carried in a compartment or in paragraphs (a)(1) (i) through (iv) and container, must have that compart- (a)(2) of this section malfunctions or ment or container marked as to con- becomes inoperative. tents and date of last inspection.
14 CFR Ch. I (1–1–25 Edition) § 91.515 (c) Hand fire extinguishers must be (2) On each airplane with a seating provided for use in crew, passenger, and capacity of 100 or more passengers, one cargo compartments in accordance megaphone installed at the forward end with the following: and one installed at the most rearward location where it would be readily ac- (1) The type and quantity of extin- cessible to a normal flight attendant guishing agent must be suitable for the seat.
kinds of fires likely to occur in the compartment where the extinguisher is § 91.515 Flight altitude rules.
intended to be used.
(a) Notwithstanding § 91.119, and ex- (2) At least one hand fire extin- cept as provided in paragraph (b) of guisher must be provided and located this section, no person may operate an on or near the flight deck in a place airplane under VFR at less than— that is readily accessible to the flight (1) One thousand feet above the sur- crew.
face, or 1,000 feet from any mountain, (3) At least one hand fire extin- hill, or other obstruction to flight, for guisher must be conveniently located day operations; and in the passenger compartment of each (2) The altitudes prescribed in § 91.177, airplane accommodating more than six for night operations.
but less than 31 passengers, and at (b) This section does not apply— least two hand fire extinguishers must (1) During takeoff or landing; be conveniently located in the pas- (2) When a different altitude is au- senger compartment of each airplane thorized by a waiver to this section accommodating more than 30 pas- under subpart J of this part; or sengers.
(3) When a flight is conducted under (4) Hand fire extinguishers must be the special VFR weather minimums of installed and secured in such a manner § 91.157 with an appropriate clearance that they will not interfere with the from ATC.
safe operation of the airplane or ad- versely affect the safety of the crew § 91.517 Passenger information.
and passengers. They must be readily (a) Except as provided in paragraph accessible and, unless the locations of (b) of this section, no person may oper- the fire extinguishers are obvious, ate an airplane carrying passengers un- their stowage provisions must be prop- less it is equipped with signs that are erly identified.
visible to passengers and flight attend- (d) First aid kits for treatment of in- ants to notify them when smoking is juries likely to occur in flight or in prohibited and when safety belts must minor accidents must be provided.
be fastened.
(e) Each airplane accommodating (1) The signs that notify when safety more than 19 passengers must be belts must be fastened must be so con- equipped with a crash axe.
structed that the crew can turn them (f) Each passenger-carrying airplane on and off.
must have a portable battery-powered (2) The signs that prohibit smoking megaphone or megaphones readily ac- and signs that notify when safety belts cessible to the crewmembers assigned must be fastened must be illuminated to direct emergency evacuation, in- during airplane movement on the sur- stalled as follows: face, for each takeoff, for each landing, (1) One megaphone on each airplane and when otherwise considered to be with a seating capacity of more than 60 necessary by the pilot in command.
but less than 100 passengers, at the (b) The pilot in command of an air- most rearward location in the pas- plane that is not required, in accord- senger cabin where it would be readily ance with applicable aircraft and accessible to a normal flight attendant equipment requirements of this chap- seat. However, the Administrator may ter, to be equipped as provided in para- grant a deviation from the require- graph (a) of this section shall ensure ments of this subparagraph if the Ad- that the passengers are notified orally ministrator finds that a different loca- each time that it is necessary to fasten tion would be more useful for evacu- their safety belts and when smoking is ation of persons during an emergency. prohibited.
Federal Aviation Administration, DOT § 91.521 (c) If passenger information signs are given by the pilot in command or a installed, no passenger or crewmember member of the crew, but need not be may smoke while any ‘‘no smoking’’ given when the pilot in command de- sign is lighted nor may any passenger termines that the passengers are famil- or crewmember smoke in any lavatory. iar with the contents of the briefing. It (d) Each passenger required by may be supplemented by printed cards § 91.107(a)(3) to occupy a seat or berth for the use of each passenger con- shall fasten his or her safety belt about taining— him or her and keep it fastened while (1) A diagram of, and methods of op- any ‘‘fasten seat belt’’ sign is lighted.
erating, the emergency exits; and (e) Each passenger shall comply with (2) Other instructions necessary for instructions given him or her by crew- use of emergency equipment.
members regarding compliance with (c) Each card used under paragraph paragraphs (b), (c), and (d) of this sec- (b) must be carried in convenient loca- tion. tions on the airplane for the use of each passenger and must contain infor- [Docket 26142, 57 FR 42672, Sept. 15, 1992, as mation that is pertinent only to the amended by Docket FAA–2024–2052; Amdt. 91– type and model airplane on which it is 377, 89 FR 68100, Aug. 23, 2024] used.
§ 91.519 Passenger briefing. (d) For operations under subpart K of this part, the passenger briefing re- (a) Before each takeoff the pilot in quirements of § 91.1035 apply, instead of command of an airplane carrying pas- the requirements of paragraphs (a) sengers shall ensure that all passengers through (c) of this section.
have been orally briefed on— (1) Smoking. Each passenger shall be [Docket 18334, 54 FR 34314, Aug. 18, 1989, as briefed on when, where, and under what amended by Amdt. 91–231, 57 FR 42672, Sept.
conditions smoking is prohibited. This 15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17, 2003] briefing shall include a statement, as appropriate, that the Federal Aviation § 91.521 Shoulder harness.
Regulations require passenger compli- ance with lighted passenger informa- (a) No person may operate a trans- tion signs and no smoking placards, port category airplane that was type prohibit smoking in lavatories, and re- certificated after January 1, 1958, un- quire compliance with crewmember in- less it is equipped at each seat at a structions with regard to these items; flight deck station with a combined (2) Use of safety belts and shoulder har- safety belt and shoulder harness that nesses. Each passenger shall be briefed meets the applicable requirements on when, where, and under what condi- specified in § 25.785 of this chapter, ex- tions it is necessary to have his or her cept that— (1) Shoulder harnesses and combined safety belt and, if installed, his or her safety belt and shoulder harnesses that shoulder harness fastened about him or were approved and installed before her. This briefing shall include a state- March 6, 1980, may continue to be used; ment, as appropriate, that Federal and Aviation Regulations require passenger (2) Safety belt and shoulder harness compliance with the lighted passenger restraint systems may be designed to sign and/or crewmember instructions the inertia load factors established with regard to these items; under the certification basis of the air- (3) Location and means for opening plane.
the passenger entry door and emer- (b) No person may operate a trans- gency exits; port category airplane unless it is (4) Location of survival equipment; (5) Ditching procedures and the use of equipped at each required flight at- flotation equipment required under tendant seat in the passenger compart- § 91.509 for a flight over water; and ment with a combined safety belt and (6) The normal and emergency use of shoulder harness that meets the appli- oxygen equipment installed on the air- cable requirements specified in § 25.785 plane. of this chapter, except that— (b) The oral briefing required by (1) Shoulder harnesses and combined paragraph (a) of this section shall be safety belt and shoulder harnesses that 14 CFR Ch. I (1–1–25 Edition) § 91.523 were approved and installed before (v) It is not carried directly above March 6, 1980, may continue to be used; seated passengers.
and (b) When cargo is carried in cargo (2) Safety belt and shoulder harness compartments that are designed to re- restraint systems may be designed to quire the physical entry of a crew- the inertia load factors established member to extinguish any fire that under the certification basis of the air- may occur during flight, the cargo plane. must be loaded so as to allow a crew- member to effectively reach all parts § 91.523 Carry-on baggage.
of the compartment with the contents No pilot in command of an airplane of a hand fire extinguisher.
having a seating capacity of more than § 91.527 Operating in icing conditions.
19 passengers may permit a passenger to stow baggage aboard that airplane (a) No pilot may take off an airplane except— that has frost, ice, or snow adhering to (a) In a suitable baggage or cargo any propeller, windshield, stabilizing storage compartment, or as provided in or control surface; to a powerplant in- § 91.525; or stallation; or to an airspeed, altimeter, (b) Under a passenger seat in such a rate of climb, or flight attitude instru- way that it will not slide forward under ment system or wing, except that take- crash impacts severe enough to induce offs may be made with frost under the the ultimate inertia forces specified in wing in the area of the fuel tanks if au- § 25.561(b)(3) of this chapter, or the re- thorized by the FAA.
quirements of the regulations under (b) No pilot may fly under IFR into which the airplane was type certifi- known or forecast light or moderate cated. Restraining devices must also icing conditions, or under VFR into limit sideward motion of under-seat known light or moderate icing condi- baggage and be designed to withstand tions, unless— crash impacts severe enough to induce (1) The aircraft has functioning deic- sideward forces specified in § 25.561(b)(3) ing or anti-icing equipment protecting of this chapter. each rotor blade, propeller, windshield, wing, stabilizing or control surface, § 91.525 Carriage of cargo.
and each airspeed, altimeter, rate of climb, or flight attitude instrument (a) No pilot in command may permit system; cargo to be carried in any airplane un- (2) The airplane has ice protection less— provisions that meet section 34 of Spe- (1) It is carried in an approved cargo cial Federal Aviation Regulation No.
rack, bin, or compartment installed in 23; or the airplane; (2) It is secured by means approved (3) The airplane meets transport cat- by the Administrator; or egory airplane type certification provi- (3) It is carried in accordance with sions, including the requirements for each of the following: certification for flight in icing condi- (i) It is properly secured by a safety tions.
belt or other tiedown having enough (c) Except for an airplane that has strength to eliminate the possibility of ice protection provisions that meet the shifting under all normally anticipated requirements in section 34 of Special flight and ground conditions. Federal Aviation Regulation No. 23, or (ii) It is packaged or covered to avoid those for transport category airplane possible injury to passengers. type certification, no pilot may fly an (iii) It does not impose any load on airplane into known or forecast severe seats or on the floor structure that ex- icing conditions.
ceeds the load limitation for those (d) If current weather reports and components. briefing information relied upon by the (iv) It is not located in a position pilot in command indicate that the that restricts the access to or use of forecast icing conditions that would any required emergency or regular otherwise prohibit the flight will not exit, or the use of the aisle between the be encountered during the flight be- crew and the passenger compartment. cause of changed weather conditions Federal Aviation Administration, DOT § 91.535 since the forecast, the restrictions in branch of the United States Armed paragraphs (b) and (c) of this section Forces or the armed forces of a foreign based on forecast conditions do not contracting State to the Convention on apply. International Civil Aviation.
(c) No person may designate a pilot [Docket 18334, 54 FR 34314, Aug. 18, 1989, as to serve as second in command, nor amended by Amdt. 91–310, 74 FR 62696, Dec. 1, may any pilot serve as second in com- 2009] mand, of an airplane required under § 91.529 Flight engineer requirements. this section to have two pilots unless that pilot meets the qualifications for (a) No person may operate the fol- second in command prescribed in § 61.55 lowing airplanes without a flight crew- of this chapter.
member holding a current flight engi- neer certificate: [Docket FAA–2016–6142, Amdt. 91–351, 83 FR (1) An airplane for which a type cer- 30282, June 27, 2018] tificate was issued before January 2, § 91.533 Flight attendant require- 1964, having a maximum certificated ments.
takeoff weight of more than 80,000 pounds.
(a) No person may operate an air- (2) An airplane type certificated after plane unless at least the following January 1, 1964, for which a flight engi- number of flight attendants are on neer is required by the type certifi- board the airplane: cation requirements. (1) For airplanes having more than 19 (b) No person may serve as a required but less than 51 passengers on board, flight engineer on an airplane unless, one flight attendant.
within the preceding 6 calendar (2) For airplanes having more than 50 months, that person has had at least 50 but less than 101 passengers on board, hours of flight time as a flight engineer two flight attendants.
on that type airplane or has been (3) For airplanes having more than checked by the Administrator on that 100 passengers on board, two flight at- type airplane and is found to be famil- tendants plus one additional flight at- iar and competent with all essential tendant for each unit (or part of a unit) current information and operating pro- of 50 passengers above 100.
cedures. (b) No person may serve as a flight attendant on an airplane when required § 91.531 Second in command require- by paragraph (a) of this section unless ments.
that person has demonstrated to the (a) Except as provided in paragraph pilot in command familiarity with the (b) of this section, no person may oper- necessary functions to be performed in ate the following airplanes without a an emergency or a situation requiring pilot designated as second in command: emergency evacuation and is capable of (1) Any airplane that is type certifi- using the emergency equipment in- cated for more than one required pilot.
stalled on that airplane.
(2) Any large airplane.
§ 91.535 Stowage of food, beverage, (3) Any commuter category airplane.
and passenger service equipment (b) A person may operate the fol- during aircraft movement on the lowing airplanes without a pilot des- surface, takeoff, and landing.
ignated as second in command: (1) Any airplane certificated for oper- (a) No operator may move an aircraft ation with one pilot. on the surface, take off, or land when (2) A large airplane or turbojet-pow- any food, beverage, or tableware fur- ered multiengine airplane that holds a nished by the operator is located at special airworthiness certificate, if: any passenger seat.
(i) The airplane was originally de- (b) No operator may move an aircraft signed with only one pilot station; or on the surface, take off, or land unless (ii) The airplane was originally de- each food and beverage tray and seat signed with more than one pilot sta- back tray table is secured in its stowed tion, but single pilot operations were position.
permitted by the airplane flight man- (c) No operator may permit an air- ual or were otherwise permitted by a craft to move on the surface, take off, 14 CFR Ch. I (1–1–25 Edition) §§ 91.536–91.599 or land unless each passenger serving range for which the maximum landing cart is secured in its stowed position. weights have been determined.
(d) No operator may permit an air- (b) No person may operate a turbine- craft to move on the surface, take off, engine-powered transport category air- or land unless each movie screen that plane certificated after September 30, extends into the aisle is stowed. 1958, contrary to the Airplane Flight (e) Each passenger shall comply with Manual, or take off that airplane un- instructions given by a crewmember less— with regard to compliance with this (1) The takeoff weight does not ex- section. ceed the takeoff weight specified in the Airplane Flight Manual for the ele- [Docket 26142, 57 FR 42672, Sept. 15, 1992] vation of the airport and for the ambi- ent temperature existing at the time of §§ 91.536–91.599 [Reserved] takeoff; (2) Normal consumption of fuel and Subpart G—Additional Equipment oil in flight to the airport of intended and Operating Requirements landing and to the alternate airports for Large and Transport Cat- will leave a weight on arrival not in ex- egory Aircraft cess of the landing weight specified in the Airplane Flight Manual for the ele- S OURCE : Docket 18334, 54 FR 34318, Aug. 18, vation of each of the airports involved 1989, unless otherwise noted.
and for the ambient temperatures ex- pected at the time of landing; § 91.601 Applicability.
(3) The takeoff weight does not ex- This subpart applies to operation of ceed the weight shown in the Airplane large and transport category U.S.-reg- Flight Manual to correspond with the istered civil aircraft.
minimum distances required for take- off, considering the elevation of the § 91.603 Aural speed warning device.
airport, the runway to be used, the ef- No person may operate a transport fective runway gradient, the ambient category airplane in air commerce un- temperature and wind component at less that airplane is equipped with an the time of takeoff, and, if operating aural speed warning device that com- limitations exist for the minimum dis- plies with § 25.1303(c)(1). tances required for takeoff from wet runways, the runway surface condition § 91.605 Transport category civil air- (dry or wet). Wet runway distances as- plane weight limitations.
sociated with grooved or porous fric- (a) No person may take off any trans- tion course runways, if provided in the port category airplane (other than a Airplane Flight Manual, may be used turbine-engine-powered airplane cer- only for runways that are grooved or tificated after September 30, 1958) un- treated with a porous friction course less— (PFC) overlay, and that the operator (1) The takeoff weight does not ex- determines are designed, constructed, ceed the authorized maximum takeoff and maintained in a manner acceptable weight for the elevation of the airport to the Administrator.
of takeoff; (4) Where the takeoff distance in- (2) The elevation of the airport of cludes a clearway, the clearway dis- takeoff is within the altitude range for tance is not greater than one-half of— which maximum takeoff weights have (i) The takeoff run, in the case of air- been determined; planes certificated after September 30, (3) Normal consumption of fuel and 1958, and before August 30, 1959; or oil in flight to the airport of intended (ii) The runway length, in the case of landing will leave a weight on arrival airplanes certificated after August 29, not in excess of the authorized max- 1959.
imum landing weight for the elevation (c) No person may take off a turbine- of that airport; and engine-powered transport category air- (4) The elevations of the airport of in- plane certificated after August 29, 1959, tended landing and of all specified al- unless, in addition to the requirements ternate airports are within the altitude of paragraph (b) of this section— Federal Aviation Administration, DOT § 91.607 (1) The accelerate-stop distance is no (b) Occupants in addition to those au- greater than the length of the runway thorized under paragraph (a) of this plus the length of the stopway (if section may be carried as follows: present); and (1) For each additional floor-level exit at least 24 inches wide by 48 inches (2) The takeoff distance is no greater high, with an unobstructed 20-inch- than the length of the runway plus the wide access aisleway between the exit length of the clearway (if present); and and the main passenger aisle, 12 addi- (3) The takeoff run is no greater than tional occupants.
the length of the runway.
(2) For each additional window exit [Docket 18334, 54 FR 34318, Aug. 18, 1989, as located over a wing that meets the re- amended by Amdt. 91–256, 63 FR 8321, Feb. 18, quirements of the airworthiness stand- 1998] ards under which the airplane was type certificated or that is large enough to § 91.607 Emergency exits for airplanes inscribe an ellipse 19 × 26 inches, eight carrying passengers for hire.
additional occupants.
(a) Notwithstanding any other provi- (3) For each additional window exit sion of this chapter, no person may op- that is not located over a wing but that erate a large airplane (type certificated otherwise complies with paragraph under the Civil Air Regulations effec- (b)(2) of this section, five additional oc- tive before April 9, 1957) in passenger- cupants.
carrying operations for hire, with more (4) For each airplane having a ratio than the number of occupants— (as computed from the table in para- (1) Allowed under Civil Air Regula- graph (a) of this section) of maximum tions § 4b.362 (a), (b), and (c) as in effect number of occupants to number of on December 20, 1951; or exits greater than 14:1, and for each (2) Approved under Special Civil Air airplane that does not have at least Regulations SR–387, SR–389, SR–389A, one full-size, door-type exit in the side or SR–389B, or under this section as in of the fuselage in the rear part of the effect.
cabin, the first additional exit must be a floor-level exit that complies with However, an airplane type listed in the paragraph (b)(1) of this section and following table may be operated with must be located in the rear part of the up to the listed number of occupants cabin on the opposite side of the fuse- (including crewmembers) and the cor- lage from the main entrance door.
responding number of exits (including However, no person may operate an emergency exits and doors) approved airplane under this section carrying for the emergency exit of passengers or more than 115 occupants unless there is with an occupant-exit configuration such an exit on each side of the fuse- approved under paragraph (b) or (c) of lage in the rear part of the cabin.
this section.
(c) No person may eliminate any ap- Maximum num- Corresponding proved exit except in accordance with ber of occupants number of exits Airplane type the following: including all authorized for crewmembers passenger use (1) The previously authorized max- imum number of occupants must be re- B–307 ........................ 61 4 duced by the same number of addi- B–377 ........................ 96 9 tional occupants authorized for that C–46 .......................... 67 4 exit under this section.
CV–240 ...................... 53 6 (2) Exits must be eliminated in ac- CV–340 and CV–440 53 6 DC–3 ......................... 35 4 cordance with the following priority DC–3 (Super) ............ 39 5 schedule: First, non-over-wing window DC–4 ......................... 86 5 exits; second, over-wing window exits; DC–6 ......................... 87 7 third, floor-level exits located in the DC–6B ....................... 112 11 forward part of the cabin; and fourth, L–18 ........................... 17 3 floor-level exits located in the rear of L–049, L–649, L–749 87 7 L–1049 series ............ 96 9 the cabin.
M–202 ........................ 53 6 (3) At least one exit must be retained M–404 ........................ 53 7 on each side of the fuselage regardless Viscount 700 series ... 53 7 of the number of occupants.
14 CFR Ch. I (1–1–25 Edition) § 91.609 (4) No person may remove any exit test it or to test any communications that would result in a ratio of max- or electrical equipment installed in the imum number of occupants to approved aircraft; exits greater than 14:1. (4) Ferry a newly acquired aircraft (d) This section does not relieve any from a place where possession of it was person operating under part 121 of this taken to a place where the flight re- chapter from complying with § 121.291. corder or cockpit voice recorder is to be installed; or § 91.609 Flight data recorders and (5) Operate an aircraft: cockpit voice recorders.
(i) For not more than 15 days while (a) No holder of an air carrier oper- the flight recorder and/or cockpit voice ating certificate or an operating cer- recorder is inoperative and/or removed tificate may conduct any operation for repair provided that the aircraft under this part with an aircraft listed maintenance records contain an entry in the holder’s operations specifica- that indicates the date of failure, and a tions or current list of aircraft used in placard is located in view of the pilot air transportation unless that aircraft to show that the flight recorder or complies with any applicable flight re- cockpit voice recorder is inoperative.
corder and cockpit voice recorder re- (ii) For not more than an additional quirements of the part under which its 15 days, provided that the requirements certificate is issued except that the op- in paragraph (b)(5)(i) are met and that erator may— a certificated pilot, or a certificated (1) Ferry an aircraft with an inoper- person authorized to return an aircraft ative flight recorder or cockpit voice to service under § 43.7 of this chapter, recorder from a place where repair or certifies in the aircraft maintenance replacement cannot be made to a place records that additional time is required where they can be made; to complete repairs or obtain a replace- (2) Continue a flight as originally ment unit.
planned, if the flight recorder or cock- (c)(1) No person may operate a U.S.
pit voice recorder becomes inoperative civil registered, multiengine, turbine- after the aircraft has taken off; powered airplane or rotorcraft having a (3) Conduct an airworthiness flight passenger seating configuration, ex- test during which the flight recorder or cluding any pilot seats of 10 or more cockpit voice recorder is turned off to that has been manufactured after Octo- test it or to test any communications ber 11, 1991, unless it is equipped with or electrical equipment installed in the one or more approved flight recorders aircraft; or that utilize a digital method of record- (4) Ferry a newly acquired aircraft ing and storing data and a method of from the place where possession of it is readily retrieving that data from the taken to a place where the flight re- storage medium, that are capable of re- corder or cockpit voice recorder is to cording the data specified in appendix be installed. E to this part, for an airplane, or ap- (b) Notwithstanding paragraphs (c) pendix F to this part, for a rotorcraft, and (e) of this section, an operator of this part within the range, accuracy, other than the holder of an air carrier and recording interval specified, and or a commercial operator certificate that are capable of retaining no less may— than 8 hours of aircraft operation.
(1) Ferry an aircraft with an inoper- (2) All airplanes subject to paragraph ative flight recorder or cockpit voice (c)(1) of this section that are manufac- recorder from a place where repair or tured before April 7, 2010, by April 7, replacement cannot be made to a place 2012, must meet the requirements of where they can be made; § 23.1459(a)(7) or § 25.1459(a)(8) of this (2) Continue a flight as originally chapter, as applicable.
planned if the flight recorder or cock- (3) All airplanes and rotorcraft sub- pit voice recorder becomes inoperative ject to paragraph (c)(1) of this section after the aircraft has taken off; that are manufactured on or after (3) Conduct an airworthiness flight April 7, 2010, must meet the flight data test during which the flight recorder or recorder requirements of § 23.1459, cockpit voice recorder is turned off to § 25.1459, § 27.1459, or § 29.1459 of this
Section 5
Federal Aviation Administration, DOT § 91.609 chapter, as applicable, and retain at with the investigation under 49 CFR least the last 25 hours of recorded in- part 830. The Administrator does not formation using a recorder that meets use the cockpit voice recorder record the standards of TSO–C124a, or later re- in any civil penalty or certificate ac- vision.
tion.
(d) Whenever a flight recorder, re- (h) All airplanes required by this sec- quired by this section, is installed, it tion to have a cockpit voice recorder must be operated continuously from and a flight data recorder, that are the instant the airplane begins the manufactured before April 7, 2010, must takeoff roll or the rotorcraft begins by April 7, 2012, have a cockpit voice lift-off until the airplane has com- recorder that also— pleted the landing roll or the rotorcraft (1) Meets the requirements of has landed at its destination.
§ 23.1457(d)(6) or § 25.1457(d)(6) of this (e) Unless otherwise authorized by chapter, as applicable; and the Administrator, after October 11, (2) If transport category, meets the 1991, no person may operate a U.S. civil requirements of § 25.1457(a)(3), (a)(4), registered multiengine, turbine-pow- and (a)(5) of this chapter.
ered airplane or rotorcraft having a (i) All airplanes or rotorcraft re- passenger seating configuration of six passengers or more and for which two quired by this section to have a cockpit pilots are required by type certifi- voice recorder and flight data recorder, cation or operating rule unless it is that are manufactured on or after equipped with an approved cockpit April 7, 2010, must have a cockpit voice voice recorder that: recorder installed that also— (1) Is installed in compliance with (1) Is installed in accordance with the § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), requirements of § 23.1457 (except for (2) and (3), (e), (f), and (g); § 25.1457(a)(1) paragraphs (a)(6) and (d)(5)); § 25.1457 and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (except for paragraphs (a)(6) and (d)(5)); (f), and (g); § 27.1457(a)(1) and (2), (b), § 27.1457 (except for paragraphs (a)(6) (c), (d)(1)(i), (2) and (3), (e), (f), and (g); and (d)(5)); or § 29.1457 (except for para- or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), graphs (a)(6) and (d)(5)) of this chapter, (2) and (3), (e), (f), and (g) of this chap- as applicable; and ter, as applicable; and (2) Retains at least the last 2 hours of (2) Is operated continuously from the recorded information using a recorder use of the checklist before the flight to that meets the standards of TSO–C123a, completion of the final checklist at the or later revision.
end of the flight.
(3) For all airplanes or rotorcraft (f) In complying with this section, an manufactured on or after April 6, 2012, approved cockpit voice recorder having an erasure feature may be used, so that also meets the requirements of at any time during the operation of the § 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) recorder, information recorded more and (d)(5); § 27.1457(a)(6) and (d)(5); or than 15 minutes earlier may be erased § 29.1457(a)(6) and (d)(5) of this chapter, or otherwise obliterated.
as applicable.
(g) In the event of an accident or oc- (j) All airplanes or rotorcraft re- currence requiring immediate notifica- quired by this section to have a cockpit tion to the National Transportation voice recorder and a flight data re- Safety Board under 49 CFR part 830 of corder, that install datalink commu- its regulations that results in the ter- nication equipment on or after April 6, mination of the flight, any operator 2012, must record all datalink messages who has installed approved flight re- as required by the certification rule ap- corders and approved cockpit voice re- plicable to the aircraft.
corders shall keep the recorded infor- (k) An aircraft operated under this mation for at least 60 days or, if re- part under deviation authority from quested by the Administrator or the part 125 of this chapter must comply Board, for a longer period. Information with all of the applicable flight data obtained from the record is used to as- sist in determining the cause of acci- dents or occurrences in connection 14 CFR Ch. I (1–1–25 Edition) § 91.611 recorder requirements of part 125 appli- (ii) A limitation that takeoffs must cable to the aircraft, notwithstanding be made from dry runways unless, such deviation authority. based on a showing of actual operating takeoff techniques on wet runways [Docket 18334, 54 FR 34318, Aug. 18, 1989, as with one engine inoperative, takeoffs amended by Amdt. 91–226, 56 FR 51621, Oct.
11, 1991; Amdt. 91–228, 57 FR 19353, May 5, with full controllability from wet run- 1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; ways have been approved for the spe- Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt.
cific model aircraft and included in the 91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, Airplane Flight Manual: 75 FR 17045, Apr. 5, 2010; Docket FAA–2022– (iii) Operations from airports where 1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022] the runways may require a takeoff or § 91.611 Authorization for ferry flight approach over populated areas; and with one engine inoperative.
(iv) Inspection procedures for deter- (a) General. The holder of an air car- mining the operating condition of the rier operating certificate or an oper- operative engines.
ating certificate issued under part 125 (4) No person may take off an air- may conduct a ferry flight of a four-en- plane under this section if— gine airplane or a turbine-engine-pow- (i) The initial climb is over thickly ered airplane equipped with three en- populated areas; or gines, with one engine inoperative, to a (ii) Weather conditions at the takeoff base for the purpose of repairing that or destination airport are less than engine subject to the following: those required for VFR flight.
(1) The airplane model has been test (5) Persons other than required flight flown and found satisfactory for safe crewmembers shall not be carried dur- flight in accordance with paragraph (b) ing the flight.
or (c) of this section, as appropriate.
(6) No person may use a flight crew- However, each operator who before No- member for flight under this section vember 19, 1966, has shown that a model unless that crewmember is thoroughly of airplane with an engine inoperative familiar with the operating procedures is satisfactory for safe flight by a test for one-engine inoperative ferry flight flight conducted in accordance with contained in the certificate holder’s performance data contained in the ap- manual and the limitations and per- plicable Airplane Flight Manual under paragraph (a)(2) of this section need formance information in the Airplane not repeat the test flight for that Flight Manual.
model.
(b) Flight tests: reciprocating-engine- (2) The approved Airplane Flight powered airplanes. The airplane per- Manual contains the following per- formance of a reciprocating-engine- formance data and the flight is con- powered airplane with one engine inop- ducted in accordance with that data: erative must be determined by flight (i) Maximum weight.
test as follows: (ii) Center of gravity limits.
(1) A speed not less than 1.3 V must S1 (iii) Configuration of the inoperative be chosen at which the airplane may be propeller (if applicable).
controlled satisfactorily in a climb (iv) Runway length for takeoff (in- with the critical engine inoperative cluding temperature accountability).
(with its propeller removed or in a con- (v) Altitude range.
figuration desired by the operator and (vi) Certificate limitations.
with all other engines operating at the (vii) Ranges of operational limits.
maximum power determined in para- (viii) Performance information.
graph (b)(3) of this section.
(ix) Operating procedures.
(2) The distance required to accel- (3) The operator has FAA approved erate to the speed listed in paragraph procedures for the safe operation of the (b)(1) of this section and to climb to 50 airplane, including specific require- feet must be determined with— ments for— (i) The landing gear extended; (i) Limiting the operating weight on any ferry flight to the minimum nec- (ii) The critical engine inoperative essary for the flight plus the necessary and its propeller removed or in a con- reserve fuel load; figuration desired by the operator; and Federal Aviation Administration, DOT § 91.613 (iii) The other engines operating at (3) The takeoff, flight, and landing not more than maximum power estab- procedures such as the approximate lished under paragraph (b)(3) of this trim setting, method of power applica- section.
tion, maximum power, and speed must (3) The takeoff, flight and landing be established. The airplane must be procedures, such as the approximate satisfactorily controllable during the trim settings, method of power applica- entire takeoff run when operated ac- tion, maximum power, and speed must cording to these procedures.
be established.
(4) The performance must be deter- (4) The performance must be deter- mined at a maximum weight not great- mined at a maximum weight not great- er than the weight determined under er than the weight that allows a rate of § 25.121(c) of this chapter but with— climb of at least 400 feet per minute in (i) The actual steady gradient of the the en route configuration set forth in final takeoff climb requirement not § 25.67(d) of this chapter in effect on less than 1.2 percent at the end of the January 31, 1977, at an altitude of 5,000 takeoff path with two critical engines feet.
inoperative; and (5) The performance must be deter- (ii) The climb speed not less than the mined using temperature account- two-engine inoperative trim speed for ability for the takeoff field length, computed in accordance with § 25.61 of the actual steady gradient of the final this chapter in effect on January 31, takeoff climb prescribed by paragraph 1977.
(c)(4)(i) of this section.
(c) Flight tests: Turbine-engine-powered (5) The airplane must be satisfac- airplanes. The airplane performance of torily controllable in a climb with two a turbine-engine-powered airplane with critical engines inoperative. Climb per- one engine inoperative must be deter- formance may be shown by calcula- mined by flight tests, including at tions based on, and equal in accuracy least three takeoff tests, in accordance to, the results of testing.
with the following: (6) The performance must be deter- (1) Takeoff speeds V and V , not less R 2 mined using temperature account- than the corresponding speeds under ability for takeoff distance and final which the airplane was type certifi- takeoff climb computed in accordance cated under § 25.107 of this chapter, with § 25.101 of this chapter.
must be chosen at which the airplane may be controlled satisfactorily with For the purpose of paragraphs (c)(4) the critical engine inoperative (with and (5) of this section, two critical en- its propeller removed or in a configura- gines means two adjacent engines on tion desired by the operator, if applica- one side of an airplane with four en- ble) and with all other engines oper- gines, and the center engine and one ating at not more than the power se- outboard engine on an airplane with lected for type certification as set three engines.
forth in § 25.101 of this chapter.
(2) The minimum takeoff field length § 91.613 Materials for compartment in- must be the horizontal distance re- teriors.
quired to accelerate and climb to the (a) No person may operate an air- 35-foot height at V speed (including plane that conforms to an amended or any additional speed increment ob- supplemental type certificate issued in tained in the tests) multiplied by 115 accordance with SFAR No. 41 for a percent and determined with— maximum certificated takeoff weight (i) The landing gear extended; in excess of 12,500 pounds unless within (ii) The critical engine inoperative 1 year after issuance of the initial air- and its propeller removed or in a con- worthiness certificate under that figuration desired by the operator (if SFAR the airplane meets the compart- applicable); and ment interior requirements set forth in (iii) The other engine operating at § 25.853 (a), (b), (b–1), (b–2), and (b–3) of not more than the power selected for type certification as set forth in § 25.101 this chapter in effect on September 26, of this chapter. 1978.
14 CFR Ch. I (1–1–25 Edition) §§ 91.615–91.699 (b) Thermal/acoustic insulation ma- scheduled or otherwise planned landing terials. For transport category air- site.
planes type certificated after January [Docket FAA–1998–4954, 64 FR 1079, Jan. 7, 1, 1958: 1999] (1) For airplanes manufactured before September 2, 2005, when thermal/acous- § 91.702 Persons on board.
tic insulation is installed in the fuse- Section 91.11 of this part (Prohibi- lage as replacements after September tions on interference with crew- 2, 2005, the insulation must meet the members) applies to each person on flame propagation requirements of board an aircraft.
§ 25.856 of this chapter, effective Sep- [Docket FAA–1998–4954, 64 FR 1079, Jan. 7, tember 2, 2003, if it is: 1999] (i) Of a blanket construction or (ii) Installed around air ducting.
§ 91.703 Operations of civil aircraft of (2) For airplanes manufactured after U.S. registry outside of the United September 2, 2005, thermal/acoustic in- States.
sulation materials installed in the fu- (a) Each person operating a civil air- selage must meet the flame propaga- craft of U.S. registry outside of the tion requirements of § 25.856 of this United States shall— chapter, effective September 2, 2003.
(1) When over the high seas, comply [Docket 18334, 54 FR 34318, Aug. 18, 1989, as with Annex 2 (Rules of the Air) to the amended by Amdt. 91–279, 68 FR 45083, July Convention on International Civil 31, 2003; Amdt. 91–290, 70 FR 77752, Dec. 30, Aviation and with §§ 91.117(c), 91.127, 2005] 91.129, and 91.131; (2) When within a foreign country, §§ 91.615–91.699 [Reserved] comply with the regulations relating to the flight and maneuver of aircraft Subpart H—Foreign Aircraft Oper- there in force; ations and Operations of U.S.- (3) Except for §§ 91.117(a), 91.307(b), Registered Civil Aircraft Out- 91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent side of the United States; and with applicable regulations of the for- Rules Governing Persons on eign country where the aircraft is oper- Board Such Aircraft ated or Annex 2 of the Convention on International Civil Aviation; and S OURCE : Docket 18334, 54 FR 34320, Aug. 18, (4) When operating within airspace 1989, unless otherwise noted.
designated as Reduced Vertical Separa- tion Minimum (RVSM) airspace, com- § 91.701 Applicability.
ply with § 91.706.
(a) This subpart applies to the oper- (5) For aircraft subject to ICAO ations of civil aircraft of U.S. registry Annex 16, carry on board the aircraft outside of the United States and the documents that summarize the noise operations of foreign civil aircraft operating characteristics and certifi- within the United States.
cations of the aircraft that dem- (b) Section 91.702 of this subpart also onstrate compliance with this part and applies to each person on board an air- part 36 of this chapter.
craft operated as follows: (b) Annex 2 to the Convention on (1) A U.S. registered civil aircraft op- International Civil Aviation, Rules of erated outside the United States; the Air, Tenth Edition—July 2005, with (2) Any aircraft operated outside the Amendments through Amendment 45, United States— applicable November 10, 2016, is incor- (i) That has its next scheduled des- porated by reference into this section tination or last place of departure in with the approval of the Director of the the United States if the aircraft next Federal Register under 5 U.S.C. 552(a) lands in the United States; or and 1 CFR part 51. To enforce any edi- (ii) If the aircraft lands in the United tion other than that specified in this States with the individual still on the section, the FAA must publish a docu- aircraft regardless of whether it was a ment in the F EDERAL REGISTER and the Federal Aviation Administration, DOT § 91.711 material must be available to the pub- § 91.707 Flights between Mexico or lic. All approved material is available Canada and the United States.
for inspection at U.S. Department of Unless otherwise authorized by ATC, Transportation, Docket Operations, no person may operate a civil aircraft West Building Ground Floor, Room between Mexico or Canada and the W12–140, 1200 New Jersey Avenue SE., United States without filing an IFR or Washington, DC 20590 and is available VFR flight plan, as appropriate.
from the International Civil Aviation § 91.709 Operations to Cuba.
Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert No person may operate a civil air- Bourassa Boulevard, Montreal, Quebec craft from the United States to Cuba H3C 5H7, Canada; http://store1.icao.int/; unless— (a) Departure is from an inter- or by contacting the ICAO Marketing national airport of entry designated in and Customer Relations Unit by tele- § 6.13 of the Air Commerce Regulations phone at 514–954–8022 or by email at of the Bureau of Customs (19 CFR 6.13); sales@icao.int. For questions about and ICAO Annex 2, contact the FAA’s Of- (b) In the case of departure from any fice of International Affairs at (202) of the 48 contiguous States or the Dis- 267–1000. It is also available for inspec- trict of Columbia, the pilot in com- tion at the National Archives and mand of the aircraft has filed— Records Administration (NARA). For (1) A DVFR or IFR flight plan as pre- information on the availability of this scribed in § 99.11 or § 99.13 of this chap- material at NARA, call 202–741–6030, or ter; and go to http://www.archives.gov/fed- (2) A written statement, within 1 eral _ register/code _ of _ federal _ regulations/ hour before departure, with the Office ibr _ locations.html.
of Immigration and Naturalization Service at the airport of departure, [Docket 18834, 54 FR 34320, Aug. 18, 1989, as containing— amended by Amdt. 91–227, 56 FR 65661, Dec.
(i) All information in the flight plan; 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, (ii) The name of each occupant of the 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91–299, 73 FR 10143, Feb. 26, 2008; Amdt. 91–312, 75 FR aircraft; 9333, Mar. 2, 2010; Docket FAA–2016–9154, (iii) The number of occupants of the Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] aircraft; and (iv) A description of the cargo, if any.
§ 91.705 [Reserved] This section does not apply to the oper- ation of aircraft by a scheduled air car- § 91.706 Operations within airspace rier over routes authorized in oper- designed as Reduced Vertical Sepa- ations specifications issued by the Ad- ration Minimum Airspace.
ministrator.
(a) Except as provided in paragraph (Approved by the Office of Management and (b) of this section, no person may oper- Budget under control number 2120–0005) ate a civil aircraft of U.S. registry in airspace designated as Reduced § 91.711 Special rules for foreign civil Vertical Separation Minimum (RVSM) aircraft.
airspace unless: (a) General. In addition to the other (1) The operator and the operator’s applicable regulations of this part, aircraft comply with the requirements each person operating a foreign civil of appendix G of this part; and aircraft within the United States shall (2) The operator is authorized by the comply with this section.
Administrator to conduct such oper- (b) VFR. No person may conduct VFR ations.
operations which require two-way (b) The Administrator may authorize radio communications under this part a deviation from the requirements of unless at least one crewmember of that this section in accordance with Section aircraft is able to conduct two-way radio communications in the English 5 of appendix G to this part.
language and is on duty during that op- [Docket 28870, 62 FR 17487, Apr. 9, 1997] eration.
14 CFR Ch. I (1–1–25 Edition) § 91.713 (c) IFR. No person may operate a for- (2) Ferry flights to a new country of eign civil aircraft under IFR unless— registry.
(1) That aircraft is equipped with— (3) Flight of a new aircraft of U.S.
manufacture for the purpose of— (i) Radio equipment allowing two- (i) Flight testing the aircraft; way radio communication with ATC when it is operated in controlled air- (ii) Training foreign flight crews in space; and the operation of the aircraft; or (ii) Navigation equipment suitable (iii) Ferrying the aircraft for export for the route to be flown. delivery outside the United States.
(2) Each person piloting the air- (4) Ferry, demonstration, and test craft— flight of an aircraft brought to the United States for the purpose of dem- (i) Holds a current United States in- onstration or testing the whole or any strument rating or is authorized by his part thereof.
foreign airman certificate to pilot under IFR; and [Docket 18834, 54 FR 34320, Aug. 18, 1989, as (ii) Is thoroughly familiar with the amended by Amdt. 91–227, 56 FR 65661, Dec.
United States en route, holding, and 17, 1991; Amdt. 91–296, 72 FR 31679, June 7, 2007] letdown procedures; and (3) At least one crewmember of that § 91.713 Operation of civil aircraft of aircraft is able to conduct two-way ra- Cuban registry.
diotelephone communications in the English language and that crewmember No person may operate a civil air- is on duty while the aircraft is ap- craft of Cuban registry except in con- proaching, operating within, or leaving trolled airspace and in accordance with the United States. air traffic clearance or air traffic con- (d) Over water. Each person operating trol instructions that may require use a foreign civil aircraft over water off of specific airways or routes and land- the shores of the United States shall ings at specific airports.
give flight notification or file a flight § 91.715 Special flight authorizations plan in accordance with the Supple- for foreign civil aircraft.
mentary Procedures for the ICAO re- gion concerned.
(a) Foreign civil aircraft may be op- (e) Flight at and above FL 240. If VOR erated without airworthiness certifi- navigation equipment is required under cates required under § 91.203 if a special paragraph (c)(1)(ii) of this section, no flight authorization for that operation person may operate a foreign civil air- is issued under this section. Applica- craft within the 50 States and the Dis- tion for a special flight authorization trict of Columbia at or above FL 240, must be made to the appropriate Flight unless the aircraft is equipped with ap- Standards Division Manager, or Air- proved DME or a suitable RNAV sys- craft Certification Service Division Di- tem. When the DME or RNAV system rector. However, in the case of an air- required by this paragraph fails at and craft to be operated in the U.S. for the above FL 240, the pilot in command of purpose of demonstration at an air- the aircraft must notify ATC imme- show, the application may be made to diately and may then continue oper- the appropriate Flight Standards Divi- ations at and above FL 240 to the next sion Manager or Aircraft Certification airport of intended landing where re- Service Division Director responsible pairs or replacement of the equipment for the airshow location.
can be made. A foreign civil aircraft (b) The Administrator may issue a may be operated within the 50 States special flight authorization for a for- and the District of Columbia at or eign civil aircraft subject to any condi- above FL 240 without DME or an RNAV tions and limitations that the Admin- system when operated for the following istrator considers necessary for safe purposes, and ATC is notified before operation in the U.S. airspace.
each takeoff: (c) No person may operate a foreign (1) Ferry flights to and from a place civil aircraft under a special flight au- in the United States where repairs or thorization unless that operation also alterations are to be made. complies with part 375 of the Special Federal Aviation Administration, DOT § 91.801 Regulations of the Department of part and under parts 121, 125, 129, and Transportation (14 CFR part 375). 135 of this chapter.
(b) Unless otherwise specified, as (Approved by the Office of Management and used in this subpart ‘‘part 36’’ refers to Budget under control number 2120–0005) 14 CFR part 36, including the noise lev- [Docket 18334, 54 FR 34320, Aug. 18, 1989, as els under appendix C of that part, not- amended by Amdt. 91–212, 54 FR 39293, Sept.
withstanding the provisions of that 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, part excepting certain airplanes from 83 FR 9171, Mar. 5, 2018] the specified noise requirements. For purposes of this subpart, the various §§ 91.717–91.799 [Reserved] stages of noise levels, the terms used to describe airplanes with respect to those Subpart I—Operating Noise Limits levels, and the terms ‘‘subsonic air- plane’’ and ‘‘supersonic airplane’’ have S OURCE : Docket 18334, 54 FR 34321, Aug. 18, the meanings specified under part 36 of 1989, unless otherwise noted.
this chapter. For purposes of this sub- part, for subsonic airplanes operated in § 91.801 Applicability: Relation to part foreign air commerce in the United 36.
States, the Administrator may accept (a) This subpart prescribes operating compliance with the noise require- noise limits and related requirements ments under annex 16 of the Inter- that apply, as follows, to the operation national Civil Aviation Organization of civil aircraft in the United States.
when those requirements have been (1) Sections 91.803, 91.805, 91.807, shown to be substantially compatible 91.809, and 91.811 apply to civil subsonic with, and achieve results equivalent to jet (turbojet) airplanes with maximum those achievable under, part 36 for that weights of more than 75,000 pounds airplane. Determinations made under and— these provisions are subject to the lim- (i) If U.S. registered, that have stand- itations of § 36.5 of this chapter as if ard airworthiness certificates; or those noise levels were part 36 noise (ii) If foreign registered, that would levels.
be required by this chapter to have a (c) Sections 91.851 through 91.877 of U.S. standard airworthiness certificate this subpart prescribe operating noise in order to conduct the operations in- limits and related requirements that tended for the airplane were it reg- apply to any civil subsonic jet (tur- istered in the United States. Those sec- bojet) airplane (for which an airworthi- tions apply to operations to or from ness certificate other than an experi- airports in the United States under mental certificate has been issued by this part and parts 121, 125, 129, and 135 the Administrator) with a maximum of this chapter.
certificated takeoff weight of more (2) Section 91.813 applies to U.S. oper- than 75,000 pounds operating to or from ators of civil subsonic jet (turbojet) an airport in the 48 contiguous United airplanes covered by this subpart. This States and the District of Columbia section applies to operators operating under this part, parts 121, 125, 129, or to or from airports in the United 135 of this chapter on and after Sep- States under this part and parts 121, tember 25, 1991.
125, and 135, but not to those operating (d) Section 91.877 prescribes reporting under part 129 of this chapter. requirements that apply to any civil (3) Sections 91.803, 91.819, and 91.821 subsonic jet (turbojet) airplane with a apply to U.S.-registered civil super- maximum weight of more than 75,000 sonic airplanes having standard air- pounds operated by an air carrier or worthiness certificates and to foreign- foreign air carrier between the contig- registered civil supersonic airplanes uous United States and the State of that, if registered in the United States, Hawaii, between the State of Hawaii would be required by this chapter to and any point outside of the 48 contig- have U.S. standard airworthiness cer- uous United States, or between the is- tificates in order to conduct the oper- lands of Hawaii in turnaround service, ations intended for the airplane. Those under part 121 or 129 of this chapter on sections apply to operations under this or after November 5, 1990.
14 CFR Ch. I (1–1–25 Edition) § 91.803 (e) Sections 91.881 through 91.883 of graphs (a), (b), and (c) of this section this subpart prescribe operating noise continue to apply.
limits and related requirements that [Docket 18334, 54 FR 34321, Aug. 18, 1989, as apply to any civil subsonic jet airplane amended by Amdt. 91–276, 67 FR 46571, July with a maximum takeoff weight of 15, 2002] 75,000 pounds or less and for which an § 91.805 Final compliance: Subsonic airworthiness certificate (other than airplanes.
an experimental certificate) has been Except as provided in §§ 91.809 and issued, operating to or from an airport 91.811, on and after January 1, 1985, no in the contiguous United States under person may operate to or from an air- this part, part 121, 125, 129, or 135 of port in the United States any subsonic this chapter on and after December 31, airplane covered by this subpart unless 2015.
that airplane has been shown to com- [Docket 18334, 54 FR 34321, Aug. 18, 1989; ply with Stage 2 or Stage 3 noise levels Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as under part 36 of this chapter.
amended by Amdt. 91–225, 56 FR 48658, Sept.
25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, §§ 91.807–91.813 [Reserved] 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; Amdt. 91–276, 67 FR 46571, July 15, 2002; § 91.815 Agricultural and fire fighting Amdt. 91–328, 78 FR 39583, July 2, 2013] airplanes: Noise operating limita- tions.
§ 91.803 Part 125 operators: Designa- (a) This section applies to propeller- tion of applicable regulations.
driven, small airplanes having standard For airplanes covered by this subpart airworthiness certificates that are de- and operated under part 125 of this signed for ‘‘agricultural aircraft oper- ations’’ (as defined in § 137.3 of this chapter, the following regulations chapter, as effective on January 1, 1966) apply as specified: or for dispensing fire fighting mate- (a) For each airplane operation to rials.
which requirements prescribed under (b) If the Airplane Flight Manual, or this subpart applied before November other approved manual material infor- 29, 1980, those requirements of this sub- mation, markings, or placards for the part continue to apply.
airplane indicate that the airplane has (b) For each subsonic airplane oper- not been shown to comply with the ation to which requirements prescribed noise limits under part 36 of this chap- under this subpart did not apply before ter, no person may operate that air- November 29, 1980, because the airplane plane, except— was not operated in the United States (1) To the extent necessary to accom- under this part or part 121, 129, or 135 of plish the work activity directly associ- this chapter, the requirements pre- ated with the purpose for which it is scribed under § 91.805 of this subpart designed; apply.
(2) To provide flight crewmember (c) For each supersonic airplane oper- training in the special purpose oper- ation to which requirements prescribed ation for which the airplane is de- under this subpart did not apply before signed; and (3) To conduct ‘‘nondispensing aerial November 29, 1980, because the airplane work operations’’ in accordance with was not operated in the United States the requirements under § 137.29(c) of under this part or part 121, 129, or 135 of this chapter.
this chapter, the requirements of §§ 91.819 and 91.821 of this subpart apply.
§ 91.817 Civil aircraft sonic boom.
(d) For each airplane required to op- (a) No person may operate a civil air- erate under part 125 for which a devi- craft in the United States at a true ation under that part is approved to flight Mach number greater than 1 ex- operate, in whole or in part, under this cept in compliance with conditions and part or part 121, 129, or 135 of this chap- limitations in an authorization to ex- ter, notwithstanding the approval, the ceed Mach 1 issued to the operator in requirements prescribed under para- accordance with § 91.818.
Federal Aviation Administration, DOT § 91.818 (b) In addition, no person may oper- (8) The reason(s) that operation at a ate a civil aircraft for which the max- speed greater than Mach 1 is necessary.
imum operating limit speed M ex- A special flight authorization to exceed M0 ceeds a Mach number of 1, to or from Mach 1 may be granted only for oper- an airport in the United States, un- ations that are intended to: less— (i) Show compliance with airworthi- (1) Information available to the ness requirements; flight crew includes flight limitations (ii) Determine the sonic boom char- that ensure that flights entering or acteristics of an aircraft; leaving the United States will not (iii) Establish a means of reducing or cause a sonic boom to reach the surface eliminating the effects of sonic boom, within the United States; and including flight profiles and special features of an aircraft; (2) The operator complies with the (iv) Demonstrate the conditions and flight limitations prescribed in para- limitations under which speeds in ex- graph (b)(1) of this section or complies cess of Mach 1 will not cause a measur- with conditions and limitations in an able sonic boom overpressure to reach authorization to exceed Mach 1 issued the surface; or in accordance with § 91.818.
(v) Measure the noise characteristics (Approved by the Office of Management and of an aircraft to demonstrate compli- Budget under control number 2120–0005) ance with noise requirements imposed [Docket 18334, 54 FR 34321, Aug. 18, 1989, as under this chapter, or to determine the amended by Amdt. 91–362, 86 FR 3792, Jan. 15, limits for operation in accordance with 2021] § 91.817(b).
(9) For any purpose listed in para- § 91.818 Special flight authorization to graph (a)(8) of this section, each appli- exceed Mach 1.
cant must indicate why its intended For all civil aircraft, any operation operation cannot be safely or properly that exceeds Mach 1 may be conducted accomplished over the ocean at a dis- only in accordance with a special flight tance ensuring that no sonic boom authorization issued to an operator in overpressure reaches any land surface accordance with the requirements of in the United States.
this section.
(b) Operation outside a test area. An (a) Application. Application for a spe- applicant may apply for an authoriza- cial flight authorization to exceed tion to conduct flights outside a test Mach 1 must be made to the FAA Of- area under certain conditions and limi- fice of Environment and Energy for tations upon a conservative showing consideration by the Administrator.
that: Each application must include: (1) Flight(s) within a test area have (1) The name of the operator; been conducted in accordance with an (2) The number and model(s) of the authorization issued for the purpose aircraft to be operated; specified in paragraph (a)(8)(iv) of this (3) The number of proposed flights; section; (4) The date range during which the (2) The results of the flight test(s) re- flight(s) would be conducted; quired by paragraph (b)(1) of this sec- (5) The time of day the flight(s) tion demonstrate that a speed in excess would be conducted. Proposed night op- of Mach 1 does not cause a measurable erations may require further justifica- sonic boom overpressure to reach the tion for their necessity; surface; and (6) A description of the flight area re- (3) The conditions and limitations de- quested by the applicant, including any termined by the test(s) represent all environmental information required to foreseeable operating conditions and be submitted pursuant to paragraph (c) are effective on all flights conducted of this section; under an authorization.
(7) All conditions and limitations on (c) Environmental findings. (1) No spe- the flight(s) that will ensure that no cial flight authorization will be grant- measurable sonic boom overpressure ed if the Administrator finds that such will reach the surface outside of the action is necessary to protect or en- proposed flight area; and hance the environment.
14 CFR Ch. I (1–1–25 Edition) § 91.819 (2) The Administrator is required to § 91.819 Civil supersonic airplanes that consider the potential environmental do not comply with part 36.
impacts resulting from the issuance of (a) Applicability. This section applies an authorization for a particular flight to civil supersonic airplanes that have area pursuant to the National Environ- not been shown to comply with the mental Policy Act of 1969 (NEPA) (42 Stage 2 noise limits of part 36 in effect U.S.C 4321 et seq. ), all applicable regula- on October 13, 1977, using applicable tions implementing NEPA, and related trade-off provisions, and that are oper- Executive orders and guidance. Accord- ated in the United States, after July ingly, each applicant must provide in- 31, 1978.
formation that sufficiently describes (b) Airport use. Except in an emer- the potential environmental impact of gency, the following apply to each per- any flight in excess of Mach 1, includ- son who operates a civil supersonic air- ing the effect of a sonic boom reaching plane to or from an airport in the the surface in the proposed flight area, United States: to enable the FAA to determine wheth- (1) Regardless of whether a type de- er such impacts are significant within sign change approval is applied for the meaning of NEPA.
under part 21 of this chapter, no person (d) Issuance. An authorization to op- may land or take off an airplane cov- erate a civil aircraft in excess of Mach ered by this section for which the type 1 may be issued only after an applicant design is changed, after July 31, 1978, in has submitted the information de- a manner constituting an ‘‘acoustical scribed in this section and the Admin- change’’ under § 21.93 unless the acous- istrator has taken the required action tical change requirements of part 36 regarding the environmental findings are complied with.
described in paragraph (c) of this sec- (2) No flight may be scheduled, or tion.
otherwise planned, for takeoff or land- (e) Duration. (1) An authorization to ing after 10 p.m. and before 7 a.m. local exceed Mach 1 will be granted for the time.
time the Administrator determines § 91.821 Civil supersonic airplanes: necessary to conduct the flights for the Noise limits.
described purposes.
Except for Concorde airplanes having (2) An authorization to exceed Mach 1 flight time before January 1, 1980, no is effective until it expires or is surren- person may operate in the United dered.
States, a civil supersonic airplane that (3) An authorization to exceed Mach 1 does not comply with Stage 2 noise may be terminated, suspended, or limits of part 36 in effect on October 13, amended by the Administrator at any 1977, using applicable trade-off provi- time the Administrator finds that such sions.
action is necessary to protect the envi- ronment.
§§ 91.823–91.849 [Reserved] (4) The holder of an authorization to exceed Mach 1 may request reconsider- § 91.851 Definitions.
ation of a termination, amendment, or For the purposes of §§ 91.851 through suspension issued under paragraph 91.877 of this subpart: (e)(3) of this section within 30 days of Chapter 4 noise level means a noise notice of the action. Failure to request level at or below the maximum noise reconsideration and provide informa- level prescribed in Chapter 4, Para- tion why the Administrator’s action is graph 4.4, Maximum Noise Levels, of not appropriate will result in perma- the International Civil Aviation Orga- nent termination of the authorization.
nization (ICAO) Annex 16, Volume I, (5) Findings made by and actions Amendment 7, effective March 21, 2002.
taken by the Administrator under this The Director of the Federal Register in section do not affect any certificate accordance with 5 U.S.C. 552(a) and 1 issued under chapter 447 of Title 49 of CFR part 51 approved the incorporation the United States Code.
by reference of this document, which can be obtained from the International [Docket FAA-2019-0451, Amdt. 91–362, 86 FR 3792, Jan. 15, 2021] Civil Aviation Organization (ICAO), Federal Aviation Administration, DOT § 91.855 Document Sales Unit, 999 University fined in part 36 of this chapter in effect Street, Montreal, Quebec H3C 5H7, Can- on November 5, 1990.
ada. Also, you may obtain documents Stage 4 noise level means a noise level on the Internet at http://www.ICAO.int/ at or below the Stage 4 noise limit pre- eshop/index.cfm. Copies may be reviewed scribed in part 36 of this chapter.
at the U.S. Department of Transpor- Stage 2 airplane means a civil sub- tation, Docket Operations, West Build- sonic jet (turbojet) airplane with a ing Ground Floor, Room W12–140, 1200 maximum certificated weight of 75,000 New Jersey Avenue, SE., Washington, pounds or more that complies with DC 20590 or at the National Archives Stage 2 noise levels as defined in part and Records Administration (NARA).
36 of this chapter.
For information on the availability of Stage 3 airplane means a civil sub- this material at NARA, call 202–741– sonic jet (turbojet) airplane with a 6030, or go to: http://www.archives.gov/ maximum certificated weight of 75,000 federal _ register/ pounds or more that complies with code _ of _ federal _ regulations/ Stage 3 noise levels as defined in part ibr _ locations.html.
36 of this chapter.
Contiguous United States means the Stage 4 airplane means an airplane area encompassed by the 48 contiguous that has been shown not to exceed the United States and the District of Co- Stage 4 noise limit prescribed in part 36 lumbia.
of this chapter. A Stage 4 airplane Fleet means those civil subsonic jet complies with all of the noise oper- (turbojet) airplanes with a maximum ating rules of this part.
certificated weight of more than 75,000 Stage 5 airplane means an airplane pounds that are listed on an operator’s that has been shown not to exceed the operations specifications as eligible for Stage 5 noise limit prescribed in part 36 operation in the contiguous United of this chapter. A Stage 5 airplane States.
complies with all of the noise oper- Import means a change in ownership ating rules of this part.
of an airplane from a non-U.S. person Stage 5 noise level means a noise level to a U.S. person when the airplane is at or below the Stage 5 noise limit pre- brought into the United States for op- scribed in part 36 of this chapter.
eration.
[Docket 26433, 56 FR 48658, Sept. 25, 1991, as Operations specifications means an amended by Amdt. 91–252, 61 FR 66185, Dec.
enumeration of airplanes by type, 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, model, series, and serial number oper- 2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72 ated by the operator or foreign air car- FR 68475, Dec. 5, 2007; Docket FAA–2015–3782, rier on a given day, regardless of how Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] or whether such airplanes are formally listed or designated by the operator.
§ 91.853 Final compliance: Civil sub- Owner means any person that has in- sonic airplanes.
dicia of ownership sufficient to register Except as provided in § 91.873, after the airplane in the United States pur- December 31, 1999, no person shall oper- suant to part 47 of this chapter.
ate to or from any airport in the con- New entrant means an air carrier or tiguous United States any airplane foreign air carrier that, on or before subject to § 91.801(c), unless that air- November 5, 1990, did not conduct oper- plane has been shown to comply with ations under part 121 or 129 of this Stage 3, Stage 4, or Stage 5 noise lev- chapter using an airplane covered by els.
this subpart to or from any airport in [Docket FAA–2015–3782, Amdt. 91–349, 82 FR the contiguous United States, but that 46132, Oct. 4, 2017] initiates such operation after that date.
§ 91.855 Entry and nonaddition rule.
Stage 2 noise levels mean the require- ments for Stage 2 noise levels as de- No person may operate any airplane fined in part 36 of this chapter in effect subject to § 91.801(c) of this subpart to on November 5, 1990. or from an airport in the contiguous Stage 3 noise levels mean the require- United States unless one or more of the ments for Stage 3 noise levels as de- following apply: 14 CFR Ch. I (1–1–25 Edition) § 91.857 (a) The airplane complies with Stage § 91.857 Stage 2 operations outside of 3, Stage 4, or Stage 5 noise levels. the 48 contiguous United States.
(b) The airplane complies with Stage An operator of a Stage 2 airplane 2 noise levels and was owned by a U.S.
that is operating only between points person on and since November 5, 1990.
outside the contiguous United States Stage 2 airplanes that meet these cri- on or after November 5, 1990, must in- teria and are leased to foreign airlines clude in its operations specifications a are also subject to the return provi- statement that such airplane may not sions of paragraph (e) of this section.
be used to provide air transportation to (c) The airplane complies with Stage or from any airport in the contiguous 2 noise levels, is owned by a non-U.S.
United States.
person, and is the subject of a binding [Docket FAA–2002–12771, 67 FR 46571, July 15, lease to a U.S. person effective before 2002] and on September 25, 1991. Any such airplane may be operated for the term § 91.858 Special flight authorizations of the lease in effect on that date, and for non-revenue Stage 2 operations.
any extensions thereof provided for in (a) After December 31, 1999, any oper- that lease.
ator of a Stage 2 airplane over 75,000 (d) The airplane complies with Stage pounds may operate that airplane in 2 noise levels and is operated by a for- nonrevenue service in the contiguous eign air carrier.
United States only for the following (e) The airplane complies with Stage purposes: 2 noise levels and is operated by a for- (1) Sell, lease, or scrap the airplane; eign operator other than for the pur- (2) Obtain modifications to meet pose of foreign air commerce.
Stage 3, Stage 4, or Stage 5 noise lev- (f) The airplane complies with Stage els.
2 noise levels and— (3) Obtain scheduled heavy mainte- (1) On November 5, 1990, was owned nance or significant modifications; by: (4) Deliver the airplane to a lessee or (i) A corporation, trust, or partner- return it to a lessor; ship organized under the laws of the (5) Park or store the airplane; and United States or any State (including (6) Prepare the airplane for any of individual States, territories, posses- the purposes listed in paragraph (a)(1) sions, and the District of Columbia); thru (a)(5) of this section.
(ii) An individual who is a citizen of (b) An operator of a Stage 2 airplane the United States; or that needs to operate in the contiguous (iii) An entity owned or controlled by United States for any of the purposes a corporation, trust, partnership, or in- listed above may apply to FAA’s Office dividual described in paragraph (f)(1) (i) of Environment and Energy for a spe- or (ii) of this section; and cial flight authorization. The applicant (2) Enters into the United States not must file in advance. Applications are later than 6 months after the expira- due 30 days in advance of the planned tion of a lease agreement (including flight and must provide the informa- any extensions thereof) between an tion necessary for the FAA to deter- owner described in paragraph (f)(1) of mine that the planned flight is within this section and a foreign airline.
the limits prescribed in the law.
(g) The airplane complies with Stage 2 noise levels and was purchased by the [Docket FAA–2002–12771, 67 FR 46571, July 15, importer under a written contract exe- 2002, as amended by Docket FAA–2015–3782, cuted before November 5, 1990. Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] (h) Any Stage 2 airplane described in § 91.859 Modification to meet Stage 3, this section is eligible for operation in Stage 4, or Stage 5 noise levels.
the contiguous United States only as provided under § 91.865 or 91.867. For an airplane subject to § 91.801(c) of this subpart and otherwise prohib- [Docket 26433, 56 FR 48658, Sept. 25, 1991; 56 ited from operation to or from an air- FR 51167, Oct. 10, 1991, as amended by Amdt.
port in the contiguous United States 91–288, 70 FR 38750, July 5, 2005; Docket FAA– by § 91.855, any person may apply for a 2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] special flight authorization for that Federal Aviation Administration, DOT § 91.865 airplane to operate in the contiguous (c) New entrants do not have a base United States for the purpose of ob- level.
taining modifications to meet Stage 3, [Docket 26433, 56 FR 48659, Sept. 25, 1991; 56 Stage 4, or Stage 5 noise levels.
FR 51167, Oct. 10, 1991] [Docket FAA–2015–3782, Amdt. 91–349, 82 FR § 91.863 Transfers of Stage 2 airplanes 46132, Oct. 4, 2017] with base level.
§ 91.861 Base level. (a) Stage 2 airplanes may be trans- ferred with or without the cor- (a) U.S. Operators. The base level of a responding amount of base level. Base U.S. operator is equal to the number of level may not be transferred without owned or leased Stage 2 airplanes sub- the corresponding number of Stage 2 ject to § 91.801(c) of this subpart that airplanes.
were listed on that operator’s oper- (b) No portion of a U.S. operator’s ations specifications for operations to base level established under § 91.861(a) or from airports in the contiguous may be used for operations by a foreign United States on any one day selected air carrier. No portion of a foreign air by the operator during the period Jan- carrier’s base level established under uary 1, 1990, through July 1, 1991, plus § 91.861(b) may be used for operations or minus adjustments made pursuant by a U.S. operator.
to paragraphs (a) (1) and (2).
(c) Whenever a transfer of Stage 2 (1) The base level of a U.S. operator airplanes with base level occurs, the shall be increased by a number equal to transferring and acquiring parties the total of the following— shall, within 10 days, jointly submit (i) The number of Stage 2 airplanes written notification of the transfer to returned to service in the United the FAA, Office of Environment and States pursuant to § 91.855(f); Energy. Such notification shall state: (ii) The number of Stage 2 airplanes (1) The names of the transferring and purchased pursuant to § 91.855(g); and acquiring parties; (iii) Any U.S. operator base level ac- (2) The name, address, and telephone quired with a Stage 2 airplane trans- number of the individual responsible ferred from another person under for submitting the notification on be- § 91.863.
half of the transferring and acquiring (2) The base level of a U.S. operator parties; shall be decreased by the amount of (3) The total number of Stage 2 air- U.S. operator base level transferred planes transferred, listed by airplane with the corresponding number of type, model, series, and serial number; (4) The corresponding amount of base Stage 2 airplanes to another person level transferred and whether it is U.S.
under § 91.863.
operator or foreign air carrier base (b) Foreign air carriers. The base level; and level of a foreign air carrier is equal to (5) The effective date of the trans- the number of owned or leased Stage 2 action.
airplanes that were listed on that car- (d) If, taken as a whole, a transaction rier’s U.S. operations specifications on or series of transactions made pursuant any one day during the period January to this section does not produce an in- 1, 1990, through July 1, 1991, plus or crease or decrease in the number of minus any adjustments to the base lev- Stage 2 airplanes for either the acquir- els made pursuant to paragraphs (b) (1) ing or transferring operator, such and (2).
transaction or series of transactions (1) The base level of a foreign air car- may not be used to establish compli- rier shall be increased by the amount ance with the requirements of § 91.865.
of foreign air carrier base level ac- quired with a Stage 2 airplane from an- [Docket 26433, 56 FR 48659, Sept. 25, 1991] other person under § 91.863.
§ 91.865 Phased compliance for opera- (2) The base level of a foreign air car- tors with base level.
rier shall be decreased by the amount of foreign air carrier base level trans- Except as provided in paragraph (a) ferred with a Stage 2 airplane to an- of this section, each operator that op- other person under § 91.863. erates an airplane under part 91, 121, 14 CFR Ch. I (1–1–25 Edition) § 91.867 125, 129, or 135 of this chapter, regard- (2) After December 31, 1994, at least 25 less of the national registry of the air- percent of the fleet of a new entrant plane, shall comply with paragraph (b) must comply with Stage 3 noise levels.
or (d) of this section at each interim (3) After December 31, 1996, at least 50 compliance date with regard to its sub- percent of the fleet of a new entrant must comply with Stage 3 noise levels.
sonic airplane fleet covered by § 91.801(c) of this subpart. (4) After December 31, 1998, at least 75 (a) This section does not apply to percent of the fleet of a new entrant must comply with Stage 3 noise levels.
new entrants covered by § 91.867 or to (b) New entrant foreign air carriers.
foreign operators not engaged in for- eign air commerce. (1) A new entrant foreign air carrier initiating part 129 operations on or be- (b) Each operator that chooses to fore December 31, 1994, may initiate comply with this paragraph pursuant service without regard to the percent- to any interim compliance requirement age of its fleet composed of Stage 3 air- shall reduce the number of Stage 2 air- planes.
planes it operates that are eligible for (2) After December 31, 1994, at least 25 operation in the contiguous United percent of the fleet on U.S. operations States to a maximum of: specifications of a new entrant foreign (1) After December 31, 1994, 75 percent air carrier must comply with Stage 3 of the base level held by the operator; noise levels.
(2) After December 31, 1996, 50 percent (3) After December 31, 1996, at least 50 of the base level held by the operator; percent of the fleet on U.S. operations (3) After December 31, 1998, 25 percent specifications of a new entrant foreign of the base level held by the operator.
air carrier must comply with Stage 3 (c) Except as provided under § 91.871, noise levels.
the number of Stage 2 airplanes that (4) After December 31, 1998, at least 75 must be reduced at each compliance percent of the fleet on U.S. operations date contained in paragraph (b) of this specifications of a new entrant foreign section shall be determined by ref- air carrier must comply with Stage 3 erence to the amount of base level held noise levels.
by the operator on that compliance (c) Calculations resulting in fractions date, as calculated under § 91.861.
may be rounded to permit the contin- (d) Each operator that chooses to ued operation of the next whole num- comply with this paragraph pursuant ber of Stage 2 airplanes.
to any interim compliance requirement shall operate a fleet that consists of: [Docket 26433, 56 FR 48659, Sept. 25, 1991, as amended by Amdt. 91–252, 61 FR 66185, Dec.
(1) After December 31, 1994, not less 16, 1996] than 55 percent Stage 3 airplanes; (2) After December 31, 1996, not less § 91.869 Carry-forward compliance.
than 65 percent Stage 3 airplanes; (a) Any operator that exceeds the re- (3) After December 31, 1998, not less quirements of paragraph (b) of § 91.865 than 75 percent Stage 3 airplanes.
of this part on or before December 31, (e) Calculations resulting in fractions 1994, or on or before December 31, 1996, may be rounded to permit the contin- may claim a credit that may be applied ued operation of the next whole num- at a subsequent interim compliance ber of Stage 2 airplanes.
date.
[Docket 26433, 56 FR 48659, Sept. 25, 1991] (b) Any operator that eliminates or modifies more Stage 2 airplanes pursu- § 91.867 Phased compliance for new ant to § 91.865(b) than required as of De- entrants.
cember 31, 1994, or December 31, 1996, (a) New entrant U.S. air carriers.
may count the number of additional (1) A new entrant initiating oper- Stage 2 airplanes reduced as a credit ations under part 121 of this chapter on toward— or before December 31, 1994, may ini- (1) The number of Stage 2 airplanes it tiate service without regard to the per- would otherwise be required to reduce centage of its fleet composed of Stage following a subsequent interim compli- 3 airplanes. ance date specified in § 91.865(b); or Federal Aviation Administration, DOT § 91.873 (2) The number of Stage 3 airplanes it require otherwise, the public comment would otherwise be required to operate period will be at least 14 days.
in its fleet following a subsequent in- [Docket 26433, 56 FR 48660, Sept. 25, 1991] terim compliance date to meet the per- centage requirements specified in § 91.873 Waivers from final compli- § 91.865(d).
ance.
[Docket 26433, 56 FR 48659, Sept. 25, 1991; 56 (a) A U.S. air carrier or a foreign air FR 65783, Dec. 18, 1991] carrier may apply for a waiver from the prohibition contained in § 91.853 of § 91.871 Waivers from interim compli- this part for its remaining Stage 2 air- ance requirements.
planes, provided that, by July 1, 1999, (a) Any U.S. operator or foreign air at least 85 percent of the airplanes used carrier subject to the requirements of by the carrier to provide service to or § 91.865 or 91.867 of this subpart may re- from an airport in the contiguous quest a waiver from any individual United States will comply with the compliance requirement.
Stage 3 noise levels.
(b) Applications must be filed with (b) An application for the waiver de- the Secretary of Transportation at scribed in paragraph (a) of this section least 120 days prior to the compliance must be filed with the Secretary of date from which the waiver is re- Transportation no later than January quested.
1, 1999, or, in the case of a foreign air (c) Applicants must show that a carrier, no later than April 20, 2000.
grant of waiver would be in the public Such application must include a plan interest, and must include in its appli- with firm orders for replacing or modi- cation its plans and activities for modi- fying all airplanes to comply with fying its fleet, including evidence of Stage 3 noise levels at the earliest good faith efforts to comply with the practicable time.
requirements of § 91.865 or § 91.867. The (c) To be eligible to apply for the application should contain all informa- waiver under this section, a new en- tion the applicant considers relevant, trant U.S. air carrier must initiate including, as appropriate, the fol- service no later than January 1, 1999, lowing: and must comply fully with all provi- (1) The applicant’s balance sheet and sions of this section.
cash flow positions; (d) The Secretary may grant a waiver (2) The composition of the applicant’s under this section if the Secretary current fleet; and finds that granting such waiver is in (3) The applicant’s delivery position the public interest. In making such a with respect to new airplanes or noise- finding, the Secretary shall include abatement equipment.
consideration of the effect of granting (d) Waivers will be granted only upon such waiver on competition in the air a showing by the applicant that com- carrier industry and the effect on small pliance with the requirements of community air service, and any other § 91.865 or 91.867 at a particular interim information submitted by the appli- compliance date is financially onerous, cant that the Secretary considers rel- physically impossible, or techno- evant.
logically infeasible, or that it would (e) The term of any waiver granted have an adverse effect on competition under this section shall be determined or on service to small communities.
by the circumstances presented in the (e) The conditions of any waiver application, but in no case will the granted under this section shall be de- waiver permit the operation of any termined by the circumstances pre- Stage 2 airplane covered by this sub- sented in the application, but in no chapter in the contiguous United case may the term extend beyond the States after December 31, 2003.
next interim compliance date.
(f) A summary of any request for a (f) A summary of any request for a waiver under this section will be pub- waiver under this section will be pub- lished in the F EDERAL R EGISTER, and lished in the F EDERAL R EGISTER , and public comment will be invited. Unless public comment will be invited. Unless the Secretary finds that circumstances the secretary finds that circumstances 14 CFR Ch. I (1–1–25 Edition) § 91.875 require otherwise, the public comment an initial progress report covering the period will be at least 14 days. period from January 1, 1990, through December 31, 1991, and provide: [Docket 26433, 56 FR 48660, Sept. 25, 1991; 56 (1) For each operator subject to FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR § 91.865: 46571, July 15, 2002] (i) The date used to establish its base § 91.875 Annual progress reports.
level pursuant to § 91.861(a); and (a) Each operator subject to § 91.865 (ii) A list of those Stage 2 airplanes or § 91.867 of this chapter shall submit (by type, model, series and serial num- an annual report to the FAA, Office of ber) in its base level, including adjust- Environment and Energy, on the ments made pursuant to § 91.861 after progress it has made toward complying the date its base level was established.
with the requirements of that section.
(2) For each U.S. operator: Such reports shall be submitted no (i) A plan to meet the compliance later than 45 days after the end of a schedules in § 91.865 or § 91.867 and the calendar year. All progress reports final compliance date of § 91.853, includ- must provide the information through ing the schedule for delivery of replace- the end of the calendar year, be cer- ment Stage 3 airplanes or the installa- tified by the operator as true and com- tion of noise abatement retrofit equip- plete (under penalty of 18 U.S.C. 1001), ment; and and include the following information: (ii) A separate list (by type, model, (1) The name and address of the oper- series, and serial number) of those air- ator; planes included in the operator’s base (2) The name, title, and telephone level, pursuant to § 91.861(a)(1) (i) and number of the person designated by the (ii), under the categories ‘‘returned’’ or operator to be responsible for ensuring ‘‘purchased,’’ along with the date each the accuracy of the information in the was added to its operations specifica- report; tions.
(3) The operator’s progress during the (c) Each operator subject to § 91.865 or reporting period toward compliance § 91.867 of this chapter shall submit sub- with the requirements of § 91.853, sequent annual progress reports cov- § 91.865 or § 91.867. For airplanes on U.S.
ering the calendar year preceding the operations specifications, each oper- report and including any changes in ator shall identify the airplanes by the information provided in paragraphs type, model, series, and serial number.
(a) and (b) of this section; including the (i) Each Stage 2 airplane added or re- use of any carry-forward credits pursu- moved from operation or U.S. oper- ant to § 91.869.
ations specifications (grouped sepa- (d) An operator may request, in any rately by those airplanes acquired with report, that specific planning data be and without base level); considered proprietary.
(ii) Each Stage 2 airplane modified to (e) If an operator’s actions during Stage 3 noise levels (identifying the any reporting period cause it to manufacturer and model of noise achieve compliance with § 91.853, the re- abatement retrofit equipment; port should include a statement to that (iii) Each Stage 3 airplane on U.S. op- effect. Further progress reports are not erations specifications as of the last required unless there is any change in day of the reporting period; and the information reported pursuant to (iv) For each Stage 2 airplane trans- paragraph (a) of this section.
ferred or acquired, the name and ad- (f) For each U.S. operator subject to dress of the recipient or transferor; § 91.865, progress reports submitted for and, if base level was transferred, the calendar years 1994, 1996, and 1998, shall person to or from whom base level was also state how the operator achieved transferred or acquired pursuant to compliance with the requirements of Section 91.863 along with the effective that section, i.e.— date of each base level transaction, and the type of base level transferred or ac- (1) By reducing the number of Stage quired. 2 airplanes in its fleet to no more than (b) Each operator subject to § 91.865 the maximum permitted percentage of or § 91.867 of this chapter shall submit its base level under § 91.865(b), or Federal Aviation Administration, DOT § 91.881 (2) By operating a fleet that consists (1) For operations conducted between of at least the minimum required per- the contiguous United States and the centage of Stage 3 airplanes under State of Hawaii— § 91.865(d).
(i) The number of Stage 2 airplanes used to conduct such operations as of (Approved by the Office of Management and November 5, 1990; Budget under control number 2120–0553) (ii) Any change to that number dur- [Docket 26433, 56 FR 48660, Sept. 25, 1991; 56 ing the calendar year being reported, FR 51168, Oct. 10, 1991, as amended by 57 FR including the date of such change; 5977, Feb. 19, 1992] (2) For air carriers that conduct inter-island turnaround service in the § 91.877 Annual reporting of Hawaiian State of Hawaii— operations.
(i) The number of Stage 2 airplanes (a) Each air carrier or foreign air car- used to conduct such operations as of rier subject to § 91.865 or § 91.867 of this November 5, 1990; part that conducts operations between (ii) Any change to that number dur- the contiguous United States and the ing the calendar year being reported, State of Hawaii, between the State of including the date of such change; Hawaii and any point outside of the (iii) For an air carrier that provided contiguous United States, or between inter-island trunaround service within the islands of Hawaii in turnaround the state of Hawaii on November 5, service, on or since November 5, 1990, 1990, the number reported under para- shall include in its annual report the graph (c)(2)(i) of this section may in- information described in paragraph (c) clude all Stage 2 airplanes with a max- of this section.
imum certificated takeoff weight of (b) Each air carrier or foreign air car- more than 75,000 pounds that were rier not subject to § 91.865 or § 91.867 of owned or leased by the air carrier on this part that conducts operations be- November 5, 1990, regardless of whether tween the contiguous U.S. and the such airplanes were operated by that State of Hawaii, between the State of air carrier or foreign air carrier on Hawaii and any point outside of the that date.
contiguous United States, or between (3) For operations conducted between the islands of Hawaii in turnaround the State of Hawaii and a point outside service, on or since November 5, 1990, the contiguous United States— shall submit an annual report to the (i) The number of Stage 2 airplanes FAA, Office of Environment and En- used to conduct such operations as of ergy, on its compliance with the Ha- November 5, 1990; and waiian operations provisions of 49 (ii) Any change to that number dur- U.S.C. 47528. Such reports shall be sub- ing the calendar year being reported, mitted no later than 45 days after the including the date of such change.
end of a calendar year. All progress re- (d) Reports or amended reports for ports must provide the information years predating this regulation are re- through the end of the calendar year, quired to be filed concurrently with the be certified by the operator as true and next annual report.
complete (under penalty of 18 U.S.C.
1001), and include the following infor- [Docket 28213, 61 FR 66185, Dec. 16, 1996] mation— (1) The name and address of the air §§ 91.879–91.880 [Reserved] carrier or foreign air carrier; § 91.881 Final compliance: Civil sub- (2) The name, title, and telephone sonic jet airplanes weighing 75,000 number of the person designated by the pounds or less.
air carrier or foreign air carrier to be responsible for ensuring the accuracy Except as provided in § 91.883, after of the information in the report; and December 31, 2015, a person may not op- (3) The information specified in para- erate to or from an airport in the con- graph (c) of this section.
tiguous United States a civil subsonic (c) The following information must jet airplane subject to § 91.801(e) of this be included in reports filed pursuant to subpart that weighs less than 75,000 this section— pounds unless that airplane has been 14 CFR Ch. I (1–1–25 Edition) § 91.883 shown to comply with Stage 3, Stage 4, flight is within the limits prescribed in or Stage 5 noise levels. the law.
[Docket FAA–2013–0503, 78 FR 39583, July 2, [Docket FAA–2015–3782, Amdt. 91–349, 82 FR 2013, as amended by Docket FAA–2015–3782, 46132, Oct. 4, 2017] Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] § 91.883 Special flight authorizations §§ 91.884–91.899 [Reserved] for jet airplanes weighing 75,000 pounds or less.
Subpart J—Waivers (a) After December 31, 2015, an oper- ator of a jet airplane weighing 75,000 § 91.901 [Reserved] pounds or less that does not comply with Stage 3 noise levels may, when § 91.903 Policy and procedures.
granted a special flight authorization (a) The Administrator may issue a by the FAA, operate that airplane in certificate of waiver authorizing the the contiguous United States only for operation of aircraft in deviation from one of the following purposes: any rule listed in this subpart if the (1) To sell, lease, or use the airplane Administrator finds that the proposed outside the 48 contiguous States; operation can be safely conducted (2) To scrap the airplane; under the terms of that certificate of (3) To obtain modifications to the waiver.
airplane to meet Stage 3, Stage 4, or (b) An application for a certificate of Stage 5 noise levels.
waiver under this part is made on a (4) To perform scheduled heavy main- form and in a manner prescribed by the tenance or significant modifications on Administrator and may be submitted the airplane at a maintenance facility to any FAA office.
located in the contiguous 48 States; (c) A certificate of waiver is effective (5) To deliver the airplane to an oper- as specified in that certificate of waiv- ator leasing the airplane from the er.
owner or return the airplane to the les- [Docket 18334, 54 FR 34325, Aug. 18, 1989] sor; (6) To prepare, park, or store the air- E FFECTIVE D ATE N OTE : Amendments to plane in anticipation of any of the ac- § 91.903 were published by Docket FAA–2023– tivities described in paragraphs (a)(1) 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef- fective Jan. 21, 2025.
through (a)(5) of this section; (7) To provide transport of persons § 91.905 List of rules subject to waiv- and goods in the relief of an emergency ers.
situation; or Sec.
(8) To divert the airplane to an alter- 91.107 Use of safety belts.
native airport in the 48 contiguous 91.111 Operating near other aircraft.
States on account of weather, mechan- 91.113 Right-of-way rules: Except water op- ical, fuel, air traffic control, or other erations.
safety reasons while conducting a 91.115 Right-of-way rules: Water operations.
91.117 Aircraft speed.
flight in order to perform any of the 91.119 Minimum safe altitudes: General.
activities described in paragraphs (a)(1) 91.121 Altimeter settings.
through (a)(7) of this section.
91.123 Compliance with ATC clearances and (b) An operator of an affected air- instructions.
plane may apply for a special flight au- 91.125 ATC light signals.
thorization for one of the purposes list- 91.126 Operating on or in the vicinity of an ed in paragraph (a) of this section by airport in Class G airspace.
filing an application with the FAA’s 91.127 Operating on or in the vicinity of an airport in Class E airspace.
Office of Environment and Energy. Ex- 91.129 Operations in Class D airspace.
cept for emergency relief authoriza- 91.130 Operations in Class C airspace.
tions sought under paragraph (a)(7) of 91.131 Operations in Class B airspace.
this section, applications must be filed 91.133 Restricted and prohibited areas.
at least 30 days in advance of the 91.135 Operations in Class A airspace.
planned flight. All applications must 91.137 Temporary flight restrictions.
provide the information necessary for 91.141 Flight restrictions in the proximity the FAA to determine that the planned of the Presidential and other parties.
Federal Aviation Administration, DOT § 91.1001 91.143 Flight limitation in the proximity of manager of the program to which the space flight operations.
owner belongs.
91.153 VFR flight plan: Information re- (b) As used in this part— quired.
(1) Affiliate of a program manager 91.155 Basic VFR weather minimums means a manager that, directly, or in- 91.157 Special VFR weather minimums.
directly, through one or more inter- 91.159 VFR cruising altitude or flight level.
91.169 IFR flight plan: Information required. mediaries, controls, is controlled by, or 91.173 ATC clearance and flight plan re- is under common control with, another quired.
program manager. The holding of at 91.175 Takeoff and landing under IFR.
least forty percent (40 percent) of the 91.176 Operations below DA/DH or MDA equity and forty percent (40 percent) of using an enhanced flight vision system the voting power of an entity will be (EFVS) under IFR.
presumed to constitute control for pur- 91.177 Minimum altitudes for IFR oper- ations. poses of determining an affiliation 91.179 IFR cruising altitude or flight level.
under this subpart.
91.181 Course to be flown.
(2) A dry-lease aircraft exchange means 91.183 IFR radio communications.
an arrangement, documented by the 91.185 IFR operations: Two-way radio com- written program agreements, under munications failure.
which the program aircraft are avail- 91.187 Operation under IFR in controlled able, on an as needed basis without airspace: Malfunction reports.
crew, to each fractional owner.
91.209 Aircraft lights.
91.303 Aerobatic flights. (3) A fractional owner or owner means 91.305 Flight test areas.
an individual or entity that possesses a 91.311 Towing: Other than under § 91.309.
minimum fractional ownership interest 91.313(e) Restricted category civil aircraft: in a program aircraft and that has en- Operating limitations.
tered into the applicable program 91.515 Flight altitude rules.
agreements; provided, however, that in 91.707 Flights between Mexico or Canada the case of the flight operations de- and the United States.
91.713 Operation of civil aircraft of Cuban scribed in paragraph (b)(6)(ii) of this registry.
section, and solely for purposes of re- quirements pertaining to those flight [Docket 18334, 54 FR 34325, Aug. 18, 1989, as operations, the fractional owner oper- amended by Amdt. 91–227, 56 FR 65661, Dec.
17, 1991; Docket FAA–2013–0485, Amdt. 91–345, ating the aircraft will be deemed to be 81 FR 90175, Dec. 13, 2016; Docket FAA–2016– a fractional owner in the program man- 9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] aged by the affiliate.
(4) A fractional ownership interest §§ 91.907–91.999 [Reserved] means the ownership of an interest or holding of a multi-year leasehold inter- Subpart K—Fractional Ownership est and/or a multi-year leasehold inter- Operations est that is convertible into an owner- ship interest in a program aircraft.
S OURCE : Docket FAA–2001–10047, 68 FR (5) A fractional ownership program or 54561, Sept. 17, 2003, unless otherwise noted. program means any system of aircraft ownership and exchange that consists § 91.1001 Applicability.
of all of the following elements: (a) This subpart prescribes rules, in (i) The provision for fractional own- addition to those prescribed in other ership program management services subparts of this part, that apply to by a single fractional ownership pro- fractional owners and fractional owner- gram manager on behalf of the frac- ship program managers governing— tional owners.
(1) The provision of program manage- (ii) Two or more airworthy aircraft.
ment services in a fractional ownership (iii) One or more fractional owners program; per program aircraft, with at least one (2) The operation of a fractional own- program aircraft having more than one ership program aircraft in a fractional owner.
ownership program; and (iv) Possession of at least a minimum (3) The operation of a program air- fractional ownership interest in one or craft included in a fractional ownership more program aircraft by each frac- program managed by an affiliate of the tional owner.
14 CFR Ch. I (1–1–25 Edition) § 91.1002 (v) A dry-lease aircraft exchange ar- (iv) Scheduling and coordination of rangement among all of the fractional the program aircraft and crews; owners. (v) Maintenance of program aircraft; (vi) Satisfaction of recordkeeping re- (vi) Multi-year program agreements quirements; covering the fractional ownership, (vii) Development and use of a pro- fractional ownership program manage- gram operations manual and proce- ment services, and dry-lease aircraft dures; and exchange aspects of the program.
(viii) Application for and mainte- (6) A fractional ownership program air- nance of management specifications craft or program aircraft means: and other authorizations and approv- (i) An aircraft in which a fractional als.
owner has a minimal fractional owner- (9) A fractional ownership program ship interest and that has been in- manager or program manager means the cluded in the dry-lease aircraft ex- entity that offers fractional ownership change pursuant to the program agree- program management services to frac- ments, or tional owners, and is designated in the (ii) In the case of a fractional owner multi-year program agreements ref- from one program operating an aircraft erenced in paragraph (b)(5)(vi) of this in a different fractional ownership pro- section to fulfill the requirements of gram managed by an affiliate of the op- this chapter applicable to the manager erating owner’s program manager, the of the program containing the aircraft aircraft being operated by the frac- being flown. When a fractional owner is tional owner, so long as the aircraft is: operating an aircraft in a fractional (A) Included in the fractional owner- ownership program managed by an af- ship program managed by the affiliate filiate of the owner’s program man- of the operating owner’s program man- ager, the references in this subpart to ager, and the flight-related responsibilities of (B) Included in the operating owner’s the program manager apply, with re- program’s dry-lease aircraft exchange spect to that particular flight, to the pursuant to the program agreements of affiliate of the owner’s program man- the operating owner’s program.
ager rather than to the owner’s pro- (iii) An aircraft owned in whole or in gram manager.
part by the program manager that has (10) A minimum fractional ownership been included in the dry-lease aircraft interest means— exchange and is used to supplement (i) A fractional ownership interest program operations.
equal to, or greater than, one-sixteenth (7) A Fractional Ownership Program ( ⁄16 ) of at least one subsonic, fixed-wing Flight or Program Flight means a flight or powered-lift program aircraft; or under this subpart when one or more (ii) A fractional ownership interest passengers or property designated by a equal to, or greater than, one-thirty- fractional owner are on board the air- second ( ⁄ 32 ) of at least one rotorcraft craft.
program aircraft.
(8) Fractional ownership program man- (c) The rules in this subpart that agement services or program management refer to a fractional owner or a frac- services mean administrative and avia- tional ownership program manager tion support services furnished in ac- also apply to any person who engages cordance with the applicable require- in an operation governed by this sub- ments of this subpart or provided by part without the management speci- the program manager on behalf of the fications required by this subpart.
fractional owners, including, but not limited to, the— [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, (i) Establishment and implementa- 2003, as amended by Docket FAA–2022–1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022] tion of program safety guidelines; (ii) Employment, furnishing, or con- § 91.1002 Compliance date.
tracting of pilots and other crew- members; No person that conducted flights be- (iii) Training and qualification of pi- fore November 17, 2003 under a program lots and other crewmembers and per- that meets the definition of fractional sonnel; ownership program in § 91.1001 may Federal Aviation Administration, DOT § 91.1009 conduct such flights after February 17, scribed in the definition of ‘‘minimum 2005 unless it has obtained manage- fractional ownership interest’’ in ment specifications under this subpart. § 91.1001(b)(10) unless flights associated with that interest are operated under [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, part 121 or 135 of this chapter and are 2003; 69 FR 74413, Dec. 14, 2004] conducted by an air carrier or commer- § 91.1003 Management contract be- cial operator certificated under part tween owner and program man- 119 of this chapter.
ager.
§ 91.1007 Flights conducted under part Each owner must have a contract 121 or part 135 of this chapter.
with the program manager that— (a) Requires the program manager to (a) Except as provided in § 91.501(b), ensure that the program conforms to when a nonprogram aircraft is used to all applicable requirements of this substitute for a program flight, the chapter.
flight must be operated in compliance (b) Provides the owner the right to with part 121 or part 135 of this chap- inspect and to audit, or have a designee ter, as applicable.
of the owner inspect and audit, the (b) A program manager who holds a records of the program manager per- certificate under part 119 of this chap- taining to the operational safety of the ter may conduct a flight for the use of program and those records required to a fractional owner under part 121 or show compliance with the management part 135 of this chapter if the aircraft is specifications and all applicable regu- listed on that certificate holder’s oper- lations. These records include, but are ations specifications for part 121 or not limited to, the management speci- part 135, as applicable.
fications, authorizations, approvals, (c) The fractional owner must be in- manuals, log books, and maintenance formed when a flight is being con- records maintained by the program ducted as a program flight or is being manager.
conducted under part 121 or part 135 of (c) Designates the program manager this chapter.
as the owner’s agent to receive service of notices pertaining to the program O PERATIONAL C ONTROL that the FAA seeks to provide to own- ers and authorizes the FAA to send § 91.1009 Clarification of operational such notices to the program manager control.
in its capacity as the agent of the (a) An owner is in operational control owner for such service.
of a program flight when the owner— (d) Acknowledges the FAA’s right to (1) Has the rights and is subject to contact the owner directly if the Ad- the limitations set forth in §§ 91.1003 ministrator determines that direct through 91.1013; contact is necessary.
(2) Has directed that a program air- craft carry passengers or property des- § 91.1005 Prohibitions and limitations.
ignated by that owner; and (a) Except as provided in § 91.321 or (3) The aircraft is carrying those pas- § 91.501, no owner may carry persons or sengers or property.
property for compensation or hire on a (b) An owner is not in operational program flight.
control of a flight in the following cir- (b) During the term of the multi-year cumstances: program agreements under which a (1) A program aircraft is used for a fractional owner has obtained a min- flight for administrative purposes such imum fractional ownership interest in as demonstration, positioning, a program aircraft, the flight hours ferrying, maintenance, or crew train- used during that term by the owner on ing, and no passengers or property des- program aircraft must not exceed the ignated by such owner are being car- total hours associated with the frac- ried; or tional owner’s share of ownership.
(c) No person may sell or lease an air- (2) The aircraft being used for the craft interest in a fractional ownership flight is being operated under part 121 program that is smaller than that pre- or 135 of this chapter.
14 CFR Ch. I (1–1–25 Edition) § 91.1011 (3) Liability risk in the event of a § 91.1011 Operational control respon- sibilities and delegation. flight-related occurrence that causes personal injury or property damage.
(a) Each owner in operational control (b) The fractional owner’s signature of a program flight is ultimately re- on the acknowledgment will serve as sponsible for safe operations and for the owner’s affirmation that the owner complying with all applicable require- has read, understands, and accepts the ments of this chapter, including those operational control responsibilities de- related to airworthiness and operations scribed in the acknowledgment.
in connection with the flight. Each (c) Each program manager must en- owner may delegate some or all of the sure that the fractional owner or own- performance of the tasks associated er’s representatives have access to the with carrying out this responsibility to acknowledgments for such owner’s pro- the program manager, and may rely on gram aircraft. Each program manager the program manager for aviation ex- must ensure that the FAA has access pertise and program management serv- to the acknowledgments for all pro- ices. When the owner delegates per- gram aircraft.
formance of tasks to the program man- ager or relies on the program man- P ROGRAM M ANAGEMENT ager’s expertise, the owner and the pro- gram manager are jointly and individ- § 91.1014 Issuing or denying manage- ually responsible for compliance.
ment specifications.
(b) The management specifications, (a) A person applying to the Adminis- authorizations, and approvals required trator for management specifications by this subpart are issued to, and in under this subpart must submit an ap- the sole name of, the program manager plication— on behalf of the fractional owners col- (1) In a form and manner prescribed lectively. The management specifica- by the Administrator; and tions, authorizations, and approvals (2) Containing any information the will not be affected by any change in Administrator requires the applicant ownership of a program aircraft, as to submit.
long as the aircraft remains a program (b) Management specifications will aircraft in the identified program.
be issued to the program manager on § 91.1013 Operational control briefing behalf of the fractional owners if, after and acknowledgment.
investigation, the Administrator finds that the applicant: (a) Upon the signing of an initial pro- (1) Meets the applicable requirements gram management services contract, of this subpart; and or a renewal or extension of a program (2) Is properly and adequately management services contract, the equipped in accordance with the re- program manager must brief the frac- quirements of this chapter and is able tional owner on the owner’s oper- to conduct safe operations under appro- ational control responsibilities, and priate provisions of part 91 of this the owner must review and sign an ac- chapter and management specifica- knowledgment of these operational tions issued under this subpart.
control responsibilities. The acknowl- (c) An application for management edgment must be included with the specifications will be denied if the Ad- program management services con- ministrator finds that the applicant is tract. The acknowledgment must de- not properly or adequately equipped or fine when a fractional owner is in oper- ational control and the owner’s respon- is not able to conduct safe operations under this part.
sibilities and liabilities under the pro- gram. These include: § 91.1015 Management specifications.
(1) Responsibility for compliance with the management specifications (a) Each person conducting oper- and all applicable regulations.
ations under this subpart or furnishing (2) Enforcement actions for any non- fractional ownership program manage- compliance. ment services to fractional owners Federal Aviation Administration, DOT § 91.1015 must do so in accordance with manage- (c) Management specifications issued ment specifications issued by the Ad- under this subpart are effective un- ministrator to the fractional ownership less— program manager under this subpart.
(1) The management specifications Management specifications must in- are amended as provided in § 91.1017; or clude: (2) The Administrator suspends or re- (1) The current list of all fractional vokes the management specifications.
owners and types of aircraft, registra- (d) At least 30 days before it proposes tion markings and serial numbers; to establish or change the location of (2) The authorizations, limitations, its principal base of operations, its and certain procedures under which main operations base, or its main these operations are to be conducted, maintenance base, a program manager (3) Certain other procedures under must provide written notification to which each class and size of aircraft is the Flight Standards office that issued to be operated; the program manager’s management (4) Authorization for an inspection specifications.
program approved under § 91.1109, in- (e) Each program manager must cluding the type of aircraft, the reg- maintain a complete and separate set istration markings and serial numbers of its management specifications at its of each aircraft to be operated under principal base of operations, or at a the program. No person may conduct place approved by the Administrator, any program flight using any aircraft and must make its management speci- not listed.
fications available for inspection by (5) Time limitations, or standards for the Administrator and the fractional determining time limitations, for over- owner(s) to whom the program man- hauls, inspections, and checks for air- ager furnishes its services for review frames, engines, propellers, rotors, ap- and audit.
pliances, and emergency equipment of aircraft. (f) Each program manager must in- sert pertinent excerpts of its manage- (6) The specific location of the pro- gram manager’s principal base of oper- ment specifications, or references ations and, if different, the address thereto, in its program manual and that will serve as the primary point of must— contact for correspondence between the (1) Clearly identify each such excerpt FAA and the program manager and the as a part of its management specifica- name and mailing address of the pro- tions; and gram manager’s agent for service; (2) State that compliance with each (7) Other business names the program management specifications require- manager may use; ment is mandatory.
(8) Authorization for the method of (g) Each program manager must keep controlling weight and balance of air- each of its employees and other persons craft; who perform duties material to its op- (9) Any authorized deviation and ex- erations informed of the provisions of emption that applies to the person con- its management specifications that ducting operations under this subpart; apply to that employee’s or person’s and duties and responsibilities.
(10) Any other information the Ad- (h) A program manager may obtain ministrator determines is necessary.
approval to provide a temporary docu- (b) The program manager may keep ment verifying a flightcrew member’s the current list of all fractional owners airman certificate and medical certifi- required by paragraph (a)(1) of this sec- cate privileges under an approved cer- tion at its principal base of operation tificate verification plan set forth in or other location approved by the Ad- the program manager’s management ministrator and referenced in its man- specifications. A document provided by agement specifications. Each program the program manager may be carried manager shall make this list of owners as an airman certificate or medical available for inspection by the Admin- istrator.
14 CFR Ch. I (1–1–25 Edition) § 91.1017 certificate on flights within the United (i) The Flight Standards office that States for up to 72 hours. issued the program manager’s manage- ment specifications finds under para- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, graph (e) of this section that there is 2003, as amended by Docket FAA–2018–0119, an emergency requiring immediate ac- Amdt. 91–350, 83 FR 9171, Mar. 5, 2018; Amdt.
tion with respect to safety; or 60–6, 83 FR 30282, June 27, 2018; Docket FAA– 2022–1563, Amdt. 91–370, 88 FR 48087, July 26, (ii) The program manager petitions 2023] for reconsideration of the amendment under paragraph (d) of this section.
§ 91.1017 Amending program man- (c) When the program manager ap- ager’s management specifications.
plies for an amendment to its manage- (a) The Administrator may amend ment specifications, the following pro- any management specifications issued cedure applies: under this subpart if— (1) The program manager must file (1) The Administrator determines an application to amend its manage- that safety and the public interest re- ment specifications— quire the amendment of any manage- (i) At least 90 days before the date ment specifications; or proposed by the applicant for the (2) The program manager applies for amendment to become effective, unless the amendment of any management a shorter time is approved, in cases specifications, and the Administrator such as mergers, acquisitions of oper- determines that safety and the public ational assets that require an addi- interest allows the amendment. tional showing of safety (for example, (b) Except as provided in paragraph proving tests or validation tests), and (e) of this section, when the Adminis- resumption of operations following a trator initiates an amendment of a pro- suspension of operations as a result of gram manager’s management specifica- bankruptcy actions.
tions, the following procedure applies: (ii) At least 15 days before the date (1) The Flight Standards office that proposed by the applicant for the issued the program manager’s manage- amendment to become effective in all ment specifications will notify the pro- other cases.
gram manager in writing of the pro- (2) The application must be sub- posed amendment. mitted to the Flight Standards office (2) The Flight Standards office that that issued the program manager’s issued the program manager’s manage- management specifications in a form ment specifications will set a reason- and manner prescribed by the Adminis- able period (but not less than 7 days) trator.
within which the program manager (3) After considering all material pre- may submit written information, sented, the Flight Standards office views, and arguments on the amend- that issued the program manager’s ment. management specifications will notify (3) After considering all material pre- the program manager of— sented, the Flight Standards office (i) The adoption of the applied for that issued the program manager’s amendment; management specifications will notify (ii) The partial adoption of the ap- the program manager of— plied for amendment; or (i) The adoption of the proposed (iii) The denial of the applied for amendment, amendment. The program manager (ii) The partial adoption of the pro- may petition for reconsideration of a posed amendment, or denial under paragraph (d) of this sec- (iii) The withdrawal of the proposed tion.
amendment. (4) If the Flight Standards office that (4) If the Flight Standards office that issued the program manager’s manage- issued the program manager’s manage- ment specifications approves the ment specifications issues an amend- amendment, following coordination ment of the management specifica- with the program manager regarding tions, it becomes effective not less its implementation, the amendment is than 30 days after the program man- effective on the date the Administrator ager receives notice of it unless— approves it.
Federal Aviation Administration, DOT § 91.1021 (d) When a program manager seeks § 91.1019 Conducting tests and inspec- reconsideration of a decision of the tions.
Flight Standards office that issued the (a) At any time or place, the Admin- program manager’s management speci- istrator may conduct an inspection or fications concerning the amendment of test, other than an en route inspection, management specifications, the fol- to determine whether a program man- lowing procedure applies: ager under this subpart is complying (1) The program manager must peti- with title 49 of the United States Code, tion for reconsideration of that deci- applicable regulations, and the pro- sion within 30 days of the date that the gram manager’s management specifica- program manager receives a notice of tions.
denial of the amendment of its man- (b) The program manager must— agement specifications, or of the date (1) Make available to the Adminis- it receives notice of an FAA-initiated trator at the program manager’s prin- amendment of its management speci- cipal base of operations, or at a place fications, whichever circumstance ap- approved by the Administrator, the plies.
program manager’s management speci- (2) The program manager must ad- fications; and dress its petition to the Executive Di- (2) Allow the Administrator to make rector, Flight Standards Service.
any test or inspection, other than an (3) A petition for reconsideration, if en route inspection, to determine com- filed within the 30-day period, suspends pliance respecting any matter stated in the effectiveness of any amendment paragraph (a) of this section.
issued by the Flight Standards office (c) Each employee of, or person used that issued the program manager’s by, the program manager who is re- management specifications unless that sponsible for maintaining the program office has found, under paragraph (e) of manager’s records required by or nec- this section, that an emergency exists requiring immediate action with re- essary to demonstrate compliance with this subpart must make those records spect to safety.
(4) If a petition for reconsideration is available to the Administrator.
(d) The Administrator may deter- not filed within 30 days, the procedures of paragraph (c) of this section apply. mine a program manager’s continued eligibility to hold its management (e) If the Flight Standards office that issued the program manager’s manage- specifications on any grounds listed in ment specifications finds that an emer- paragraph (a) of this section, or any gency exists requiring immediate ac- other appropriate grounds.
tion with respect to safety that makes (e) Failure by any program manager the procedures set out in this section to make available to the Administrator impracticable or contrary to the public upon request, the management speci- interest— fications, or any required record, docu- (1) The Flight Standards office ment, or report is grounds for suspen- amends the management specifications sion of all or any part of the program and makes the amendment effective on manager’s management specifications.
the day the program manager receives § 91.1021 Internal safety reporting and notice of it; and incident/accident response.
(2) In the notice to the program man- ager, the Flight Standards office will (a) Each program manager must es- articulate the reasons for its finding tablish an internal anonymous safety that an emergency exists requiring im- reporting procedure that fosters an en- mediate action with respect to safety vironment of safety without any poten- or that makes it impracticable or con- tial for retribution for filing the re- trary to the public interest to stay the port.
effectiveness of the amendment.
(b) Each program manager must es- tablish procedures to respond to an [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA–2018–0119, aviation incident/accident.
Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] 14 CFR Ch. I (1–1–25 Edition) § 91.1023 ual requirements of subpart K, pro- § 91.1023 Program operating manual requirements. vided: (1) The policies and procedures are (a) Each program manager must pre- consistent for both operations, or pare and keep current a program oper- (2) When policies and procedures are ating manual setting forth procedures different, the applicable policies and and policies acceptable to the Adminis- procedures are identified and used.
trator. The program manager’s man- agement, flight, ground, and mainte- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, nance personnel must use this manual 2003, as amended by Docket FAA–2022–0912, Amdt. 91–368, 88 FR 34443, May 30, 2023] to conduct operations under this sub- part. However, the Administrator may § 91.1025 Program operating manual authorize a deviation from this para- contents.
graph if the Administrator finds that, Each program operating manual because of the limited size of the oper- accessed in paper format must display ation, part of the manual is not nec- the date of last revision on each page.
essary for guidance of management, Each program operating manual flight, ground, or maintenance per- accessed in electronic format must dis- sonnel.
play the date of last revision in a man- (b) Each program manager must ner in which a person can immediately maintain at least one copy of the man- ascertain it. Unless otherwise author- ual at its principal base of operations.
(c) No manual may be contrary to ized by the Administrator, the manual any applicable U.S. regulations, foreign must include the following: regulations applicable to the program (a) Procedures for ensuring compli- flights in foreign countries, or the pro- ance with aircraft weight and balance gram manager’s management specifica- limitations; tions. (b) Copies of the program manager’s (d) The program manager must make management specifications or appro- a copy of the manual, or appropriate priate extracted information, including portions of the manual (and changes area of operations authorized, category and additions), available to its mainte- and class of aircraft authorized, crew nance and ground operations personnel complements, and types of operations and must furnish the manual to— authorized; (c) Procedures for complying with ac- (1) Its crewmembers; and cident notification requirements; (2) Representatives of the Adminis- (d) Procedures for ensuring that the trator assigned to the program man- pilot in command knows that required ager.
airworthiness inspections have been (e) Each employee of the program made and that the aircraft has been ap- manager to whom a manual or appro- proved for return to service in compli- priate portions of it are furnished ance with applicable maintenance re- under paragraph (d)(1) of this section quirements; must keep it up-to-date with the (e) Procedures for reporting and re- changes and additions furnished to cording mechanical irregularities that them.
(f) The program manager must en- come to the attention of the pilot in sure the appropriate parts of the man- command before, during, and after ual are accessible to flight, ground, and completion of a flight; maintenance personnel at all times (f) Procedures to be followed by the when such personnel are performing pilot in command for determining that their assigned duties. mechanical irregularities or defects re- (g) The information and instructions ported for previous flights have been contained in the manual must be dis- corrected or that correction of certain played clearly and be retrievable in the mechanical irregularities or defects English language. have been deferred; (h) Program managers that are also (g) Procedures to be followed by the certificated to operate under part 121 pilot in command to obtain mainte- or 135 of this chapter may be author- nance, preventive maintenance, and ized to use the operating manual re- servicing of the aircraft at a place quired by those parts to meet the man- where previous arrangements have not Federal Aviation Administration, DOT § 91.1027 been made by the program manager or information required by § 91.1113 in a owner, when the pilot is authorized to manner acceptable to the Adminis- so act for the operator; trator that provides— (h) Procedures under § 91.213 for the (1) A description (or reference to date release of, and continuation of flight if acceptable to the Administrator) of the any item of equipment required for the work performed: particular type of operation becomes (2) The name of the person per- inoperative or unserviceable en route; forming the work if the work is per- (i) Procedures for refueling aircraft, formed by a person outside the organi- eliminating fuel contamination, pro- zation of the program manager; and tecting from fire (including electro- (3) The name or other positive identi- static protection), and supervising and fication of the individual approving the protecting passengers during refueling; work.
(j) Procedures to be followed by the (q) Flight locating and scheduling pilot in command in the briefing under procedures; and § 91.1035.
(r) Other procedures and policy in- (k) Procedures for ensuring compli- structions regarding program oper- ance with emergency procedures, in- ations that are issued by the program cluding a list of the functions assigned manager or required by the Adminis- each category of required crew- trator.
members in connection with an emer- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, gency and emergency evacuation du- 2003, as amended by Docket FAA–2022–0912, ties; Amdt. 91–368, 88 FR 34443, May 30, 2023] (l) The approved aircraft inspection program, when applicable; § 91.1027 Recordkeeping.
(m) Procedures for the evacuation of (a) Each program manager must keep persons who may need the assistance of at its principal base of operations or at another person to move expeditiously other places approved by the Adminis- to an exit if an emergency occurs; trator, and must make available for in- (n) Procedures for performance plan- spection by the Administrator all of ning that take into account take off, the following: landing and en route conditions; (1) The program manager’s manage- (o) An approved Destination Airport ment specifications.
Analysis, when required by § 91.1037(c), (2) A current list of the aircraft used that includes the following elements, or available for use in operations under supported by aircraft performance data this subpart, the operations for which supplied by the aircraft manufacturer each is equipped (for example, RNP5/10, for the appropriate runway condi- RVSM.).
tions— (3) An individual record of each pilot (1) Pilot qualifications and experi- used in operations under this subpart, ence; including the following information: (2) Aircraft performance data to in- (i) The full name of the pilot.
clude normal, abnormal and emergency (ii) The pilot certificate (by type and procedures as supplied by the aircraft number) and ratings that the pilot manufacturer; holds.
(3) Airport facilities and topography; (iii) The pilot’s aeronautical experi- (4) Runway conditions (including ence in sufficient detail to determine contamination); the pilot’s qualifications to pilot air- (5) Airport or area weather reporting; craft in operations under this subpart.
(6) Appropriate additional runway (iv) The pilot’s current duties and the safety margins, if required; date of the pilot’s assignment to those (7) Airplane inoperative equipment; duties.
(8) Environmental conditions; and (9) Other criteria that affect aircraft (v) The effective date and class of the performance. medical certificate that the pilot (p) A suitable system (which may in- holds.
clude a coded or electronic system) (vi) The date and result of each of the that provides for preservation and re- initial and recurrent competency tests trieval of maintenance recordkeeping and proficiency checks required by this
Section 6
14 CFR Ch. I (1–1–25 Edition) § 91.1027 subpart and the type of aircraft flown (5) The center of gravity of the load- during that test or check. ed aircraft, except that the actual cen- (vii) The pilot’s flight time in suffi- ter of gravity need not be computed if cient detail to determine compliance the aircraft is loaded according to a with the flight time limitations of this loading schedule or other approved subpart.
method that ensures that the center of (viii) The pilot’s check pilot author- gravity of the loaded aircraft is within ization, if any.
approved limits. In those cases, an (ix) Any action taken concerning the entry must be made on the manifest in- pilot’s release from employment for dicating that the center of gravity is physical or professional disqualifica- within limits according to a loading tion; and schedule or other approved method; (x) The date of the satisfactory com- (6) The registration number of the pletion of initial, transition, upgrade, aircraft or flight number; and differences training and each re- (7) The origin and destination; and current training phase required by this (8) Identification of crewmembers subpart.
and their crew position assignments.
(4) An individual record for each (d) The pilot in command of the air- flight attendant used in operations craft for which a load manifest must be under this subpart, including the fol- prepared must carry a copy of the com- lowing information: pleted load manifest in the aircraft to (i) The full name of the flight attend- its destination. The program manager ant, and must keep copies of completed load (ii) The date and result of training manifest for at least 30 days at its prin- required by § 91.1063, as applicable.
cipal operations base, or at another lo- (5) A current list of all fractional cation used by it and approved by the owners and associated aircraft. This Administrator.
list or a reference to its location must (e) Each program manager is respon- be included in the management speci- sible for providing a written document fications and should be of sufficient de- tail to determine the minimum frac- that states the name of the entity hav- tional ownership interest of each air- ing operational control on that flight craft. and the part of this chapter under (b) Each program manager must keep which the flight is operated. The pilot each record required by paragraph in command of the aircraft must carry (a)(2) of this section for at least 6 a copy of the document in the aircraft months, and must keep each record re- to its destination. The program man- quired by paragraphs (a)(3) and (a)(4) of ager must keep a copy of the document this section for at least 12 months.
for at least 30 days at its principal op- When an employee is no longer em- erations base, or at another location ployed or affiliated with the program used by it and approved by the Admin- manager or fractional owner, each istrator.
record required by paragraphs (a)(3) (f) Records may be kept either in and (a)(4) of this section must be re- paper or other form acceptable to the tained for at least 12 months.
Administrator.
(c) Each program manager is respon- (g) Program managers that are also sible for the preparation and accuracy certificated to operate under part 121 of a load manifest in duplicate con- or 135 of this chapter may satisfy the taining information concerning the recordkeeping requirements of this sec- loading of the aircraft. The manifest tion and of § 91.1113 with records main- must be prepared before each takeoff tained to fulfill equivalent obligations and must include— under part 121 or 135 of this chapter.
(1) The number of passengers; (2) The total weight of the loaded air- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, craft; 2003, as amended by Docket FAA–2016–9154, (3) The maximum allowable takeoff Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] weight for that flight; (4) The center of gravity limits; Federal Aviation Administration, DOT § 91.1035 (2) For multiengine aircraft or for § 91.1029 Flight scheduling and locat- ing requirements. aircraft with retractable landing gear, an emergency cockpit checklist con- (a) Each program manager must es- taining the procedures required by tablish and use an adequate system to paragraph (c) of this section, as appro- schedule and release program aircraft.
priate; (b) Except as provided in paragraph (3) At least one set of pertinent aero- (d) of this section, each program man- nautical charts; and ager must have adequate procedures es- (4) For IFR operations, at least one tablished for locating each flight, for set of pertinent navigational en route, which a flight plan is not filed, that— terminal area, and instrument ap- (1) Provide the program manager proach procedure charts.
with at least the information required (b) Each cockpit checklist required to be included in a VFR flight plan; by paragraph (a)(1) of this section must (2) Provide for timely notification of contain the following procedures: an FAA facility or search and rescue facility, if an aircraft is overdue or (1) Before starting engines; missing; and (2) Before takeoff; (3) Provide the program manager (3) Cruise; with the location, date, and estimated (4) Before landing; time for reestablishing radio or tele- (5) After landing; and phone communications, if the flight (6) Stopping engines.
will operate in an area where commu- (c) Each emergency cockpit checklist nications cannot be maintained.
required by paragraph (a)(2) of this sec- (c) Flight locating information must tion must contain the following proce- be retained at the program manager’s dures, as appropriate: principal base of operations, or at (1) Emergency operation of fuel, hy- other places designated by the program draulic, electrical, and mechanical sys- manager in the flight locating proce- tems.
dures, until the completion of the (2) Emergency operation of instru- flight.
ments and controls.
(d) The flight locating requirements (3) Engine inoperative procedures.
of paragraph (b) of this section do not (4) Any other emergency procedures apply to a flight for which an FAA necessary for safety.
flight plan has been filed and the flight plan is canceled within 25 nautical § 91.1035 Passenger awareness.
miles of the destination airport.
(a) Prior to each takeoff, the pilot in § 91.1031 Pilot in command or second command of an aircraft carrying pas- in command: Designation required.
sengers on a program flight must en- sure that all passengers have been oral- (a) Each program manager must des- ly briefed on— ignate a— (1) Smoking: Each passenger must be (1) Pilot in command for each pro- briefed on when, where, and under what gram flight; and conditions smoking is prohibited. This (2) Second in command for each pro- briefing must include a statement, as gram flight requiring two pilots.
appropriate, that the regulations re- (b) The pilot in command, as des- quire passenger compliance with light- ignated by the program manager, must ed passenger information signs and no remain the pilot in command at all smoking placards, prohibit smoking in times during that flight.
lavatories, and require compliance § 91.1033 Operating information re- with crewmember instructions with re- quired.
gard to these items; (a) Each program manager must, for (2) Use of safety belts, shoulder har- all program operations, provide the fol- nesses, and child restraint systems: Each lowing materials, in current and appro- passenger must be briefed on when, priate form, accessible to the pilot at where and under what conditions it is the pilot station, and the pilot must necessary to have his or her safety belt use them— and, if installed, his or her shoulder (1) A cockpit checklist; harness fastened about him or her, and 14 CFR Ch. I (1–1–25 Edition) § 91.1037 if a child is being transported, the ap- (2) Contain a diagram of, and method propriate use of child restraint sys- of operating, the emergency exits; and tems, if available. This briefing must (3) Contain other instructions nec- include a statement, as appropriate, essary for the use of emergency equip- that the regulations require passenger ment on board the aircraft.
compliance with the lighted passenger § 91.1037 Large transport category air- information sign and/or crewmember planes: Turbine engine powered; instructions with regard to these Limitations; Destination and alter- items; nate airports.
(3) The placement of seat backs in an (a) No program manager or any other upright position before takeoff and person may permit a turbine engine landing; powered large transport category air- (4) Location and means for opening plane on a program flight to take off the passenger entry door and emer- that airplane at a weight that (allow- gency exits; ing for normal consumption of fuel and (5) Location of survival equipment; oil in flight to the destination or alter- (6) Ditching procedures and the use of nate airport) the weight of the airplane flotation equipment required under on arrival would exceed the landing § 91.509 for a flight over water; weight in the Airplane Flight Manual (7) The normal and emergency use of for the elevation of the destination or oxygen installed in the aircraft; and alternate airport and the ambient tem- (8) Location and operation of fire ex- perature expected at the time of land- tinguishers.
ing.
(b) Prior to each takeoff, the pilot in (b) Except as provided in paragraph command of an aircraft carrying pas- (c) of this section, no program manager sengers on a program flight must en- or any other person may permit a tur- sure that each person who may need bine engine powered large transport the assistance of another person to category airplane on a program flight move expeditiously to an exit if an to take off that airplane unless its emergency occurs and that person’s at- weight on arrival, allowing for normal tendant, if any, has received a briefing consumption of fuel and oil in flight (in as to the procedures to be followed if accordance with the landing distance an evacuation occurs. This paragraph in the Airplane Flight Manual for the does not apply to a person who has elevation of the destination airport and been given a briefing before a previous the wind conditions expected there at leg of that flight in the same aircraft.
the time of landing), would allow a full (c) Prior to each takeoff, the pilot in stop landing at the intended destina- command must advise the passengers tion airport within 60 percent of the ef- of the name of the entity in oper- fective length of each runway described ational control of the flight.
below from a point 50 feet above the (d) The oral briefings required by intersection of the obstruction clear- paragraphs (a), (b), and (c) of this sec- ance plane and the runway. For the tion must be given by the pilot in com- purpose of determining the allowable mand or another crewmember.
landing weight at the destination air- (e) The oral briefing required by port, the following is assumed: paragraph (a) of this section may be de- (1) The airplane is landed on the most livered by means of an approved re- favorable runway and in the most fa- cording playback device that is audible vorable direction, in still air.
to each passenger under normal noise (2) The airplane is landed on the most levels.
suitable runway considering the prob- (f) The oral briefing required by para- able wind velocity and direction and graph (a) of this section must be sup- the ground handling characteristics of plemented by printed cards that must that airplane, and considering other be carried in the aircraft in locations conditions such as landing aids and ter- convenient for the use of each pas- rain.
senger. The cards must— (c) A program manager or other per- (1) Be appropriate for the aircraft on son flying a turbine engine powered which they are to be used; large transport category airplane on a
Section 7
Federal Aviation Administration, DOT § 91.1039 program flight may permit that air- cluded in the Airplane Flight Manual, plane to take off at a weight in excess no person may take off a turbojet air- of that allowed by paragraph (b) of this plane when the appropriate weather re- section if all of the following condi- ports or forecasts, or any combination tions exist: of them, indicate that the runways at (1) The operation is conducted in ac- the destination or alternate airport cordance with an approved Destination may be wet or slippery at the esti- Airport Analysis in that person’s pro- mated time of arrival unless the effec- gram operating manual that contains tive runway length at the destination the elements listed in § 91.1025(o). airport is at least 115 percent of the (2) The airplane’s weight on arrival, runway length required under para- allowing for normal consumption of graph (b) or (c) of this section.
fuel and oil in flight (in accordance § 91.1039 IFR takeoff, approach and with the landing distance in the Air- landing minimums.
plane Flight Manual for the elevation of the destination airport and the wind (a) No pilot on a program aircraft op- conditions expected there at the time erating a program flight may begin an of landing), would allow a full stop instrument approach procedure to an landing at the intended destination air- airport unless— port within 80 percent of the effective (1) Either that airport or the alter- length of each runway described below nate airport has a weather reporting from a point 50 feet above the intersec- facility operated by the U.S. National tion of the obstruction clearance plane Weather Service, a source approved by and the runway. For the purpose of de- the U.S. National Weather Service, or a termining the allowable landing weight source approved by the Administrator; at the destination airport, the fol- and lowing is assumed: (2) The latest weather report issued (i) The airplane is landed on the most by the weather reporting facility in- favorable runway and in the most fa- cludes a current local altimeter setting vorable direction, in still air. for the destination airport. If no local (ii) The airplane is landed on the altimeter setting is available at the most suitable runway considering the destination airport, the pilot must ob- probable wind velocity and direction tain the current local altimeter setting and the ground handling characteris- from a source provided by the facility tics of that airplane, and considering designated on the approach chart for other conditions such as landing aids the destination airport.
and terrain. (b) For flight planning purposes, if (3) The operation is authorized by the destination airport does not have a management specifications. weather reporting facility described in (d) No program manager or other per- paragraph (a)(1) of this section, the son may select an airport as an alter- pilot must designate as an alternate an nate airport for a turbine engine pow- airport that has a weather reporting ered large transport category airplane facility meeting that criteria.
unless (based on the assumptions in (c) The MDA or Decision Altitude paragraph (b) of this section) that air- and visibility landing minimums pre- plane, at the weight expected at the scribed in part 97 of this chapter or in time of arrival, can be brought to a full the program manager’s management stop landing within 80 percent of the specifications are increased by 100 feet effective length of the runway from a and ⁄2 mile respectively, but not to ex- point 50 feet above the intersection of ceed the ceiling and visibility mini- the obstruction clearance plane and mums for that airport when used as an the runway. alternate airport, for each pilot in (e) Unless, based on a showing of ac- command of a turbine-powered aircraft tual operating landing techniques on who has not served at least 100 hours as wet runways, a shorter landing dis- pilot in command in that type of air- tance (but never less than that re- craft.
quired by paragraph (b) or (c) of this (d) No person may take off an air- section) has been approved for a spe- craft under IFR from an airport where cific type and model airplane and in- weather conditions are at or above 14 CFR Ch. I (1–1–25 Edition) § 91.1041 takeoff minimums but are below au- (3) Entry into a representative num- thorized IFR landing minimums unless ber of en route airports as determined there is an alternate airport within one by the Administrator.
hour’s flying time (at normal cruising (c) No program manager may carry speed, in still air) of the airport of de- passengers in an aircraft during prov- parture.
ing tests, except those needed to make (e) Except as provided in § 91.176 of the tests and those designated by the this chapter, each pilot making an IFR Administrator to observe the tests.
takeoff or approach and landing at an However, pilot flight training may be airport must comply with applicable conducted during the proving tests.
instrument approach procedures and (d) Validation testing is required to takeoff and landing weather minimums determine that a program manager is prescribed by the authority having ju- capable of conducting operations safely risdiction over the airport. In addition, and in compliance with applicable reg- no pilot may take off at that airport ulatory standards. Validation tests are when the visibility is less than 600 feet, required for the following authoriza- unless otherwise authorized in the pro- tions: gram manager’s management specifica- (1) The addition of an aircraft for tions for EFVS operations.
which two pilots are required for oper- ations under VFR or a turbojet air- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, plane, if that aircraft or an aircraft of 2003, as amended by Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016] the same make or similar design has not been previously proved or validated § 91.1041 Aircraft proving and valida- in operations under this part.
tion tests.
(2) Operations outside U.S. airspace.
(a) No program manager may permit (3) Class II navigation authoriza- the operation of an aircraft, other than tions.
a turbojet aircraft, for which two pilots (4) Special performance or oper- are required by the type certification ational authorizations.
requirements of this chapter for oper- (e) Validation tests must be accom- ations under VFR, if it has not pre- plished by test methods acceptable to viously proved such an aircraft in oper- the Administrator. Actual flights may ations under this part in at least 25 not be required when an applicant can hours of proving tests acceptable to the demonstrate competence and compli- Administrator including— ance with appropriate regulations (1) Five hours of night time, if night without conducting a flight.
flights are to be authorized; (f) Proving tests and validation tests (2) Five instrument approach proce- may be conducted simultaneously dures under simulated or actual condi- when appropriate.
tions, if IFR flights are to be author- (g) The Administrator may authorize ized; and deviations from this section if the Ad- (3) Entry into a representative num- ministrator finds that special cir- ber of en route airports as determined cumstances make full compliance with by the Administrator. this section unnecessary.
(b) No program manager may permit § 91.1043 [Reserved] the operation of a turbojet airplane if it has not previously proved a turbojet § 91.1045 Additional equipment re- airplane in operations under this part quirements.
in at least 25 hours of proving tests ac- ceptable to the Administrator includ- No person may operate a program ing— aircraft on a program flight unless the aircraft is equipped with the fol- (1) Five hours of night time, if night flights are to be authorized; lowing— (a) Airplanes having a passenger-seat (2) Five instrument approach proce- dures under simulated or actual condi- configuration of more than 30 seats or tions, if IFR flights are to be author- a payload capacity of more than 7,500 ized; and pounds: Federal Aviation Administration, DOT § 91.1047 (1) A cockpit voice recorder as re- instructor, or aircraft maintenance du- quired by § 121.359 of this chapter as ap- ties for the program manager unless plicable to the aircraft specified in that contract employee has been pro- that section. vided with drug and alcohol misuse (2) A flight recorder as required by education.
§ 121.343 or § 121.344 of this chapter as (c) Program managers must disclose applicable to the aircraft specified in to their owners and prospective owners that section. the existence of a company drug and (3) A terrain awareness and warning alcohol misuse testing program. If the system as required by § 121.354 of this program manager has implemented a chapter as applicable to the aircraft company testing program, the program specified in that section. manager’s disclosure must include the (4) A traffic alert and collision avoid- following: ance system as required by § 121.356 of (1) Information on the substances this chapter as applicable to the air- that they test for, for example, alcohol craft specified in that section. and a list of the drugs; (5) Airborne weather radar as re- (2) The categories of employees test- quired by § 121.357 of this chapter, as ed, the types of tests, for example, pre- applicable to the aircraft specified in employment, random, reasonable that section. cause/suspicion, post accident, return (b) Airplanes having a passenger-seat to duty and follow-up; and configuration of 30 seats or fewer, ex- (3) The degree to which the program cluding each crewmember, and a pay- manager’s company testing program is load capacity of 7,500 pounds or less, comparable to the federally mandated and any rotorcraft (as applicable): drug and alcohol testing program re- (1) A cockpit voice recorder as re- quired under part 120 of this chapter re- quired by § 135.151 of this chapter as ap- garding the information in paragraphs plicable to the aircraft specified in (c)(1) and (c)(2) of this section.
that section. (d) If a program aircraft is operated (2) A flight recorder as required by on a program flight into an airport at § 135.152 of this chapter as applicable to which no maintenance personnel are the aircraft specified in that section. available that are subject to the re- (3) A terrain awareness and warning quirements of paragraphs (a) or (b) of system as required by § 135.154 of this this section and emergency mainte- chapter as applicable to the aircraft nance is required, the program man- specified in that section. ager may use persons not meeting the (4) A traffic alert and collision avoid- requirements of paragraphs (a) or (b) of ance system as required by § 135.180 of this section to provide such emergency this chapter as applicable to the air- maintenance under both of the fol- craft specified in that section. lowing conditions: (5) As applicable to the aircraft speci- (1) The program manager must notify fied in that section, either: the Drug Abatement Program Division, (i) Airborne thunderstorm detection AAM–800, 800 Independence Avenue, equipment as required by § 135.173 of SW., Washington, DC 20591 in writing this chapter; or within 10 days after being provided (ii) Airborne weather radar as re- emergency maintenance in accordance quired by § 135.175 of this chapter. with this paragraph. The program man- ager must retain copies of all such § 91.1047 Drug and alcohol misuse edu- written notifications for two years.
cation program.
(2) The aircraft must be reinspected (a) Each program manager must pro- by maintenance personnel who meet vide each direct employee performing the requirements of paragraph (a) or flight crewmember, flight attendant, (b) of this section when the aircraft is flight instructor, or aircraft mainte- next at an airport where such mainte- nance duties with drug and alcohol nance personnel are available.
misuse education. (e) For purposes of this section, (b) No program manager may use any emergency maintenance means main- contract employee to perform flight tenance that— crewmember, flight attendant, flight (1) Is not scheduled, and 14 CFR Ch. I (1–1–25 Edition) § 91.1049 (2) Is made necessary by an aircraft § 91.1050 Employment of former FAA condition not discovered prior to the employees.
departure for that location.
(a) Except as specified in paragraph (f) Notwithstanding paragraphs (a) (c) of this section, no fractional owner and (b) of this section, drug and alcohol or fractional ownership program man- misuse education conducted under an ager may knowingly employ or make a FAA-approved drug and alcohol misuse contractual arrangement which per- prevention program may be used to mits an individual to act as an agent or satisfy these requirements.
representative of the fractional owner [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, or fractional ownership program man- 2003, as amended by Amdt. 91–307, 74 FR ager in any matter before the Federal 22653, May 14, 2009] Aviation Administration if the indi- § 91.1049 Personnel. vidual, in the preceding 2 years— (1) Served as, or was directly respon- (a) Each program manager and each sible for the oversight of, a Flight fractional owner must use in program Standards Service aviation safety in- operations on program aircraft flight spector; and crews meeting § 91.1053 criteria and qualified under the appropriate regula- (2) Had direct responsibility to in- tions. The program manager must pro- spect, or oversee the inspection of, the vide oversight of those crews.
operations of the fractional owner or (b) Each program manager must em- fractional ownership program manager.
ploy (either directly or by contract) an (b) For the purpose of this section, an adequate number of pilots per program individual shall be considered to be aircraft. Flight crew staffing must be acting as an agent or representative of determined based on the following fac- a fractional owner or fractional owner- tors, at a minimum: ship program manager in a matter be- (1) Number of program aircraft.
fore the agency if the individual makes (2) Program manager flight, duty, any written or oral communication on and rest time considerations, and in all behalf of the fractional owner or frac- cases within the limits set forth in tional ownership program manager to §§ 91.1057 through 91.1061.
the agency (or any of its officers or em- (3) Vacations.
ployees) in connection with a par- (4) Operational efficiencies.
ticular matter, whether or not involv- (5) Training.
ing a specific party and without regard (6) Single pilot operations, if author- to whether the individual has partici- ized by deviation under paragraph (d) of this section. pated in, or had responsibility for, the (c) Each program manager must pub- particular matter while serving as a lish pilot and flight attendant duty Flight Standards Service aviation safe- schedules sufficiently in advance to ty inspector.
follow the flight, duty, and rest time (c) The provisions of this section do limits in §§ 91.1057 through 91.1061 in not prohibit a fractional owner or frac- program operations.
tional ownership program manager (d) Unless otherwise authorized by from knowingly employing or making the Administrator, when any program a contractual arrangement which per- aircraft is flown in program operations mits an individual to act as an agent or with passengers onboard, the crew representative of the fractional owner must consist of at least two qualified or fractional ownership program man- pilots employed or contracted by the ager in any matter before the Federal program manager or the fractional Aviation Administration if the indi- owner.
vidual was employed by the fractional (e) The program manager must en- owner or fractional ownership program sure that trained and qualified sched- manager before October 21, 2011.
uling or flight release personnel are on duty to schedule and release program [Docket FAA–2008–1154, 76 FR 52235, Aug. 22, aircraft during all hours that such air- 2011] craft are available for program oper- ations.
Federal Aviation Administration, DOT § 91.1055 E FFECTIVE D ATE N OTE : Amendments to § 91.1053 Crewmember experience.
§ 91.1053 were published by Docket FAA–2023– (a) No program manager or owner 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef- may use any person, nor may any per- fective Jan. 21, 2025.
son serve, as a pilot in command or § 91.1055 Pilot operating limitations second in command of a program air- and pairing requirement.
craft, or as a flight attendant on a pro- gram aircraft, in program operations (a) If the second in command of a under this subpart unless that person fixed-wing program aircraft has fewer has met the applicable requirements of than 100 hours of flight time as second part 61 of this chapter and has the fol- in command flying in the aircraft lowing experience and ratings: make and model and, if a type rating is (1) Total flight time for all pilots: required, in the type aircraft being (i) Pilot in command—A minimum of flown, and the pilot in command is not 1,500 hours.
an appropriately qualified check pilot, (ii) Second in command—A minimum the pilot in command shall make all of 500 hours.
takeoffs and landings in any of the fol- (2) For multi-engine turbine-powered lowing situations: fixed-wing and powered-lift aircraft, (1) Landings at the destination air- the following FAA certification and port when a Destination Airport Anal- ratings requirements: ysis is required by § 91.1037(c); and (i) Pilot in command—Airline trans- (2) In any of the following conditions: port pilot and applicable type ratings.
(i) The prevailing visibility for the (ii) Second in command—Commercial airport is at or below ⁄4 mile.
pilot and instrument ratings.
(ii) The runway visual range for the (iii) Flight attendant (if required or runway to be used is at or below 4,000 used)—Appropriately trained per- feet.
sonnel.
(iii) The runway to be used has (3) For all other aircraft, the fol- water, snow, slush, ice or similar con- lowing FAA certification and rating re- tamination that may adversely affect quirements: aircraft performance.
(i) Pilot in command—Commercial (iv) The braking action on the run- pilot and instrument ratings.
way to be used is reported to be less (ii) Second in command—Commercial than ‘‘good.’’ pilot and instrument ratings.
(v) The crosswind component for the (iii) Flight attendant (if required or runway to be used is in excess of 15 used)—Appropriately trained per- knots.
sonnel.
(vi) Windshear is reported in the vi- (b) The Administrator may authorize cinity of the airport.
deviations from paragraph (a)(1) of this (vii) Any other condition in which section if the Flight Standards office the pilot in command determines it to that issued the program manager’s be prudent to exercise the pilot in com- management specifications finds that mand’s authority.
the crewmember has comparable expe- (b) No program manager may release rience, and can effectively perform the a program flight under this subpart un- functions associated with the position less, for that aircraft make or model in accordance with the requirements of and, if a type rating is required, for this chapter. Grants of deviation under that type aircraft, either the pilot in this paragraph may be granted after command or the second in command consideration of the size and scope of has at least 75 hours of flight time, ei- the operation, the qualifications of the ther as pilot in command or second in intended personnel and the cir- command. The Administrator may, cumstances set forth in § 91.1055(b)(1) upon application by the program man- through (3). The Administrator may, at ager, authorize deviations from the re- any time, terminate any grant of devi- quirements of this paragraph by an ap- ation authority issued under this para- propriate amendment to the manage- graph.
ment specifications in any of the fol- lowing circumstances: [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, (1) A newly authorized program man- 2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] ager does not employ any pilots who 14 CFR Ch. I (1–1–25 Edition) § 91.1057 meet the minimum requirements of Multi-time zone flight means an eas- this paragraph. terly or westerly flight or multiple flights in one direction in the same (2) An existing program manager duty period that results in a time zone adds to its fleet a new category and difference of 5 or more hours and is class aircraft not used before in its op- conducted in a geographic area that is eration.
south of 60 degrees north latitude and (3) An existing program manager es- north of 60 degrees south latitude.
tablishes a new base to which it assigns Reserve status means that status in pilots who will be required to become which a flight crewmember, by ar- qualified on the aircraft operated from rangement with the program manager: that base.
Holds himself or herself fit to fly to the (c) No person may be assigned in the extent that this is within the control capacity of pilot in command in a pro- of the flight crewmember; remains gram operation to more than two air- within a reasonable response time of craft types that require a separate type the aircraft as agreed between the rating.
flight crewmember and the program manager; and maintains a ready means § 91.1057 Flight, duty and rest time re- whereby the flight crewmember may be quirements: All crewmembers.
contacted by the program manager.
(a) For purposes of this subpart— Reserve status is not part of any duty Augmented flight crew means at least period or rest period.
three pilots.
Rest period means a period of time re- Calendar day means the period of quired pursuant to this subpart that is elapsed time, using Coordinated Uni- free of all responsibility for work or versal Time or local time that begins duty prior to the commencement of, or at midnight and ends 24 hours later at following completion of, a duty period, the next midnight.
and during which the flight crew- Duty period means the period of member or flight attendant cannot be elapsed time between reporting for an required to receive contact from the assignment involving flight time and program manager. A rest period does release from that assignment by the not include any time during which the program manager. All time between program manager imposes on a flight these two points is part of the duty pe- crewmember or flight attendant any riod, even if flight time is interrupted duty or restraint, including any actual by nonflight-related duties. The time is work or present responsibility for work calculated using either Coordinated should the occasion arise.
Universal Time or local time to reflect Standby means that portion of a duty the total elapsed time.
period during which a flight crew- Extension of flight time means an in- member is subject to the control of the crease in the flight time because of cir- program manager and holds himself or cumstances beyond the control of the herself in a condition of readiness to program manager or flight crew- undertake a flight. Standby is not part member (such as adverse weather) that of any rest period.
are not known at the time of departure (b) A program manager may assign a and that prevent the flightcrew from crewmember and a crewmember may reaching the destination within the accept an assignment for flight time planned flight time.
only when the applicable requirements Flight attendant means an individual, of this section and §§ 91.1059–91.1062 are other than a flight crewmember, who is met.
assigned by the program manager, in (c) No program manager may assign accordance with the required minimum any crewmember to any duty during crew complement under the program any required rest period.
manager’s management specifications (d) Time spent in transportation, not or in addition to that minimum com- local in character, that a program plement, to duty in an aircraft during manager requires of a crewmember and flight time and whose duties include provides to transport the crewmember but are not necessarily limited to to an airport at which he or she is to cabin-safety-related responsibilities. serve on a flight as a crewmember, or
Section 8
Federal Aviation Administration, DOT § 91.1061 from an airport at which he or she was itations, duty period limitations, and relieved from duty to return to his or rest requirements of part 121 or part 135 her home station, is not considered of this chapter instead of the flight part of a rest period. time limitations, duty period limita- (e) A flight crewmember may con- tions, and rest requirements of this tinue a flight assignment if the flight subpart.
to which he or she is assigned would normally terminate within the flight § 91.1059 Flight time limitations and rest requirements: One or two pilot time limitations, but because of cir- crews.
cumstances beyond the control of the program manager or flight crew- (a) No program manager may assign member (such as adverse weather con- any flight crewmember, and no flight ditions), is not at the time of departure crewmember may accept an assign- expected to reach its destination with- ment, for flight time as a member of a in the planned flight time. The exten- one- or two-pilot crew if that crew- sion of flight time under this para- member’s total flight time in all com- graph may not exceed the maximum mercial flying will exceed— time limits set forth in § 91.1059.
(1) 500 hours in any calendar quarter; (f) Each flight assignment must pro- (2) 800 hours in any two consecutive vide for at least 10 consecutive hours of calendar quarters; rest during the 24-hour period that pre- (3) 1,400 hours in any calendar year.
cedes the completion time of the as- (b) Except as provided in paragraph signment.
(c) of this section, during any 24 con- (g) The program manager must pro- secutive hours the total flight time of vide each crewmember at least 13 rest the assigned flight, when added to any periods of at least 24 consecutive hours commercial flying by that flight crew- each in each calendar quarter.
member, may not exceed— (h) A flight crewmember may decline (1) 8 hours for a flight crew con- a flight assignment if, in the flight sisting of one pilot; or crewmember’s determination, to do so (2) 10 hours for a flight crew con- would not be consistent with the stand- sisting of two pilots qualified under ard of safe operation required under this subpart for the operation being this subpart, this part, and applicable conducted.
provisions of this title.
(i) Any rest period required by this (c) No program manager may assign subpart may occur concurrently with any flight crewmember, and no flight any other rest period. crewmember may accept an assign- (j) If authorized by the Adminis- ment, if that crewmember’s flight time trator, a program manager may use the or duty period will exceed, or rest time applicable unscheduled flight time lim- will be less than— Normal duty Extension of flight time (1) Minimum Rest Immediately Before Duty .......................................... 10 Hours ........... 10 Hours.
(2) Duty Period ....................................................................................... Up to 14 Hours Up to 14 Hours.
(3) Flight Time For 1 Pilot ...................................................................... Up to 8 Hours ... Exceeding 8 Hours up to 9 Hours.
(4) Flight Time For 2 Pilots .................................................................... Up to 10 Hours Exceeding 10 Hours up to 12 Hours.
(5) Minimum After Duty Rest ................................................................. 10 Hours ........... 12 Hours.
(6) Minimum After Duty Rest Period for Multi-Time Zone Flights ......... 14 Hours ........... 18 Hours.
(2) 800 hours in any two consecutive § 91.1061 Augmented flight crews.
calendar quarters; (a) No program manager may assign (3) 1,400 hours in any calendar year.
any flight crewmember, and no flight (b) No program manager may assign crewmember may accept an assign- any pilot to an augmented crew, unless ment, for flight time as a member of an the program manager ensures: augmented crew if that crewmember’s (1) Adequate sleeping facilities are total flight time in all commercial fly- installed on the aircraft for the pilots.
ing will exceed— (1) 500 hours in any calendar quarter; 14 CFR Ch. I (1–1–25 Edition) § 91.1062 (2) No more than 8 hours of flight ment experience requirements of part deck duty is accrued in any 24 consecu- 61 of this chapter.
tive hours.
(4) For a four-pilot crew, at least (3) For a three-pilot crew, the crew three pilots who meet the conditions of must consist of at least the following: paragraph (b)(3) of this section, plus a (i) A pilot in command (PIC) who fourth pilot who meets the SIC quali- meets the applicable flight crew- fications of this subpart. For flight member requirements of this subpart under IFR, that person must also meet and § 61.57 of this chapter.
the recent instrument experience re- (ii) A PIC qualified pilot who meets quirements of part 61 of this chapter.
the applicable flight crewmember re- (c) No program manager may assign quirements of this subpart and § 61.57(c) any flight crewmember, and no flight and (d) of this chapter.
crewmember may accept an assign- (iii) A second in command (SIC) who ment, if that crewmember’s flight time meets the SIC qualifications of this or duty period will exceed, or rest time subpart. For flight under IFR, that per- son must also meet the recent instru- will be less than— 3-Pilot crew 4-Pilot crew (1) Minimum Rest Immediately Before Duty ....................................... 10 Hours ............................. 10 Hours (2) Duty Period .................................................................................... Up to 16 Hours ................... Up to 18 Hours (3) Flight Time ..................................................................................... Up to 12 Hours ................... Up to 16 Hours (4) Minimum After Duty Rest .............................................................. 12 Hours ............................. 18 Hours (5) Minimum After Duty Rest Period for Multi-Time Zone Flights ...... 18 hours ............................. 24 hours beginning of the reduced rest period § 91.1062 Duty periods and rest re- quirements: Flight attendants. and must occur between the comple- tion of the scheduled duty period and (a) Except as provided in paragraph the commencement of the subsequent (b) of this section, a program manager duty period.
may assign a duty period to a flight at- (4) A program manager may assign a tendant only when the assignment flight attendant to a scheduled duty meets the applicable duty period limi- period of more than 14 hours, but no tations and rest requirements of this more than 16 hours, if the program paragraph.
manager has assigned to the flight or (1) Except as provided in paragraphs flights in that duty period at least one (a)(4), (a)(5), and (a)(6) of this section, flight attendant in addition to the min- no program manager may assign a imum flight attendant complement re- flight attendant to a scheduled duty quired for the flight or flights in that period of more than 14 hours.
duty period under the program man- (2) Except as provided in paragraph ager’s management specifications.
(a)(3) of this section, a flight attendant (5) A program manager may assign a scheduled to a duty period of 14 hours flight attendant to a scheduled duty or less as provided under paragraph period of more than 16 hours, but no (a)(1) of this section must be given a more than 18 hours, if the program scheduled rest period of at least 9 con- manager has assigned to the flight or secutive hours. This rest period must flights in that duty period at least two occur between the completion of the flight attendants in addition to the scheduled duty period and the com- minimum flight attendant complement mencement of the subsequent duty pe- required for the flight or flights in that riod.
duty period under the program man- (3) The rest period required under ager’s management specifications.
paragraph (a)(2) of this section may be (6) A program manager may assign a scheduled or reduced to 8 consecutive flight attendant to a scheduled duty hours if the flight attendant is pro- period of more than 18 hours, but no vided a subsequent rest period of at more than 20 hours, if the scheduled least 10 consecutive hours; this subse- duty period includes one or more quent rest period must be scheduled to flights that land or take off outside the begin no later than 24 hours after the 48 contiguous states and the District of Federal Aviation Administration, DOT § 91.1063 Columbia, and if the program manager that rest facilities on board the air- has assigned to the flight or flights in craft are not required; that duty period at least three flight (3) Include provisions to add one attendants in addition to the minimum flight attendant to the minimum flight flight attendant complement required attendant complement for each flight for the flight or flights in that duty pe- crewmember who is in excess of the riod under the program manager’s minimum number required in the air- management specifications. craft type certificate data sheet and (7) Except as provided in paragraph who is assigned to the aircraft under (a)(8) of this section, a flight attendant the provisions of § 91.1061; and scheduled to a duty period of more (4) Are approved by the Adminis- than 14 hours but no more than 20 trator and described or referenced in hours, as provided in paragraphs (a)(4), the program manager’s management (a)(5), and (a)(6) of this section, must be specifications.
given a scheduled rest period of at least § 91.1063 Testing and training: Appli- 12 consecutive hours. This rest period cability and terms used.
must occur between the completion of the scheduled duty period and the com- (a) Sections 91.1065 through 91.1107: mencement of the subsequent duty pe- (1) Prescribe the tests and checks re- riod.
quired for pilots and flight attendant (8) The rest period required under crewmembers and for the approval of paragraph (a)(7) of this section may be check pilots in operations under this scheduled or reduced to 10 consecutive subpart; hours if the flight attendant is pro- (2) Prescribe the requirements for es- vided a subsequent rest period of at tablishing and maintaining an ap- least 14 consecutive hours; this subse- proved training program for crew- quent rest period must be scheduled to members, check pilots and instructors, begin no later than 24 hours after the and other operations personnel em- beginning of the reduced rest period ployed or used by the program manager and must occur between the comple- in program operations; tion of the scheduled duty period and (3) Prescribe the requirements for the the commencement of the subsequent qualification, approval and use of air- duty period.
craft simulators and flight training de- (9) Notwithstanding paragraphs vices in the conduct of an approved (a)(4), (a)(5), and (a)(6) of this section, if training program; and a program manager elects to reduce (4) Permits training center personnel the rest period to 10 hours as author- authorized under part 142 of this chap- ized by paragraph (a)(8) of this section, ter who meet the requirements of the program manager may not sched- § 91.1075 to conduct training, testing ule a flight attendant for a duty period and checking under contract or other of more than 14 hours during the 24- arrangements to those persons subject hour period commencing after the be- to the requirements of this subpart.
ginning of the reduced rest period.
(b) If authorized by the Adminis- (b) Notwithstanding paragraph (a) of trator, a program manager may com- this section, a program manager may ply with the applicable training and apply the flight crewmember flight testing sections of part 121, subparts N time and duty limitations and rest re- and O of this chapter instead of quirements of this part to flight at- §§ 91.1065 through 91.1107, provided that tendants for all operations conducted the following additional limitations under this part provided that the pro- and allowances apply to program man- gram manager establishes written pro- agers so authorized: cedures that— (1) Operating experience and operations (1) Apply to all flight attendants used familiarization. Program managers are in the program manager’s operation; not required to comply with the oper- (2) Include the flight crewmember ating experience requirements of rest and duty requirements of §§ 91.1057, § 121.434 or the operations familiariza- 91.1059, and 91.1061, as appropriate to tion requirements of § 121.435 of this the operation being conducted, except chapter.
14 CFR Ch. I (1–1–25 Edition) § 91.1065 (2) Upgrade training. (i) Each program fore they serve as pilot in command on manager must include in upgrade that aircraft.
ground training for pilots, instruction (4) Differences training. The training in at least the subjects identified in required for crewmembers who have § 121.419(a) of this chapter, as applicable qualified and served on a particular to their assigned duties; and, for pilots type aircraft, when the Administrator serving in crews of two or more pilots, finds differences training is necessary instruction and facilitated discussion before a crewmember serves in the in the subjects identified in § 121.419(c) same capacity on a particular vari- of this chapter.
ation of that aircraft.
(ii) Each program manager must in- (5) Recurrent training. The training clude in upgrade flight training for pi- required for crewmembers to remain lots, flight training for the maneuvers adequately trained and currently pro- and procedures required in § 121.424(a), ficient for each aircraft crewmember (c), (e), and (f) of this chapter; and, for position, and type of operation in pilots serving in crews of two or more which the crewmember serves.
pilots, the flight training required in (6) In flight. The maneuvers, proce- § 121.424(b) of this chapter.
dures, or functions that will be con- (3) Initial and recurrent leadership and ducted in the aircraft.
command and mentoring training. Pro- (7) Training center. An organization gram managers are not required to in- governed by the applicable require- clude leadership and command training ments of part 142 of this chapter that in §§ 121.409(b)(2)(ii)(B)( 6 ), 121.419(c)(1), conducts training, testing, and check- 121.424(b) and 121.427(d)(1) of this chap- ing under contract or other arrange- ter, and mentoring training in ment to program managers subject to §§ 121.419(c)(2) and 121.427(d)(1) of this the requirements of this subpart.
chapter in initial and recurrent train- (8) Requalification training. The train- ing for pilots in command who serve in ing required for crewmembers pre- operations that use only one pilot.
viously trained and qualified, but who (4) One-time leadership and command have become unqualified because of not and mentoring training. Section 121.429 having met within the required period of this chapter does not apply to pro- any of the following: gram managers conducting operations (i) Recurrent crewmember training under this subpart when those oper- requirements of § 91.1107.
ations use only one pilot.
(ii) Instrument proficiency check re- (c) If authorized by the Adminis- quirements of § 91.1069.
trator, a program manager may com- (iii) Testing requirements of § 91.1065.
ply with the applicable training and (iv) Recurrent flight attendant test- testing sections of subparts G and H of ing requirements of § 91.1067.
part 135 of this chapter instead of §§ 91.1065 through 91.1107, except for the [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, operating experience requirements of 2003, as amended by Amdt. 61–144, 85 FR § 135.244 of this chapter. 10920, Feb. 25, 2020; Docket FAA–2019–0360, Amdt. 91–375, 89 FR 51424, June 18, 2024] (d) For the purposes of this subpart, the following terms and definitions § 91.1065 Initial and recurrent pilot apply: testing requirements.
(1) Initial training. The training re- quired for crewmembers who have not (a) No program manager or owner qualified and served in the same capac- may use a pilot, nor may any person ity on an aircraft. serve as a pilot, unless, since the begin- (2) Transition training. The training ning of the 12th month before that required for crewmembers who have service, that pilot has passed either a qualified and served in the same capac- written or oral test (or a combination), ity on another aircraft. given by the Administrator or an au- thorized check pilot, on that pilot’s (3) Upgrade training. The training re- knowledge in the following areas— quired for crewmembers who have qualified and served as second in com- (1) The appropriate provisions of mand on a particular aircraft type, be- parts 61 and 91 of this chapter and the Federal Aviation Administration, DOT § 91.1065 management specifications and the op- petence in practical skills and tech- erating manual of the program man- niques in that aircraft or class of air- ager; craft. The extent of the competency (2) For each type of aircraft to be check will be determined by the Ad- flown by the pilot, the aircraft power- ministrator or authorized check pilot plant, major components and systems, conducting the competency check. The major appliances, performance and op- competency check may include any of erating limitations, standard and the maneuvers and procedures cur- emergency operating procedures, and rently required for the original the contents of the accepted operating issuance of the particular pilot certifi- manual or equivalent, as applicable; cate required for the operations au- (3) For each type of aircraft to be thorized and appropriate to the cat- flown by the pilot, the method of deter- egory, class and type of aircraft in- mining compliance with weight and volved. For the purposes of this para- balance limitations for takeoff, landing graph, type, as to an airplane, means and en route operations; any one of a group of airplanes deter- (4) Navigation and use of air naviga- mined by the Administrator to have a tion aids appropriate to the operation similar means of propulsion, the same or pilot authorization, including, when manufacturer, and no significantly dif- applicable, instrument approach facili- ferent handling or flight characteris- ties and procedures; tics. For the purposes of this para- (5) Air traffic control procedures, in- graph, type, as to a rotorcraft, means a cluding IFR procedures when applica- ble; basic make and model.
(6) Meteorology in general, including (c) The instrument proficiency check the principles of frontal systems, icing, required by § 91.1069 may be substituted fog, thunderstorms, and windshear, for the competency check required by and, if appropriate for the operation of this section for the type of aircraft the program manager, high altitude used in the check.
weather; (d) For the purpose of this subpart, (7) Procedures for— competent performance of a procedure (i) Recognizing and avoiding severe or maneuver by a person to be used as weather situations; a pilot requires that the pilot be the (ii) Escaping from severe weather sit- obvious master of the aircraft, with the uations, in case of inadvertent encoun- successful outcome of the maneuver ters, including low-altitude windshear never in doubt.
(except that rotorcraft aircraft pilots (e) The Administrator or authorized are not required to be tested on escap- check pilot certifies the competency of ing from low-altitude windshear); and each pilot who passes the knowledge or (iii) Operating in or near thunder- flight check in the program manager’s storms (including best penetration al- pilot records.
titudes), turbulent air (including clear air turbulence), icing, hail, and other (f) All or portions of a required com- potentially hazardous meteorological petency check may be given in an air- conditions; and craft simulator or other appropriate (8) New equipment, procedures, or training device, if approved by the Ad- techniques, as appropriate.
ministrator.
(b) No program manager or owner (g) If the program manager is author- may use a pilot, nor may any person ized to conduct EFVS operations, the serve as a pilot, in any aircraft unless, competency check in paragraph (b) of since the beginning of the 12th month this section must include tasks appro- before that service, that pilot has priate to the EFVS operations the cer- passed a competency check given by tificate holder is authorized to con- the Administrator or an authorized duct.
check pilot in that class of aircraft, if single-engine aircraft other than tur- [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, bojet, or that type of aircraft, if rotor- 2003, as amended by Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016] craft, multiengine aircraft, or turbojet airplane, to determine the pilot’s com- 14 CFR Ch. I (1–1–25 Edition) § 91.1067 service, that pilot has passed an instru- § 91.1067 Initial and recurrent flight attendant crewmember testing re- ment proficiency check under this sec- quirements.
tion administered by the Adminis- trator or an authorized check pilot.
No program manager or owner may (c) No pilot may use any type of pre- use a flight attendant crewmember, cision instrument approach procedure nor may any person serve as a flight under IFR unless, since the beginning attendant crewmember unless, since of the 6th month before that use, the the beginning of the 12th month before pilot satisfactorily demonstrated that that service, the program manager has type of approach procedure. No pilot determined by appropriate initial and may use any type of nonprecision ap- recurrent testing that the person is proach procedure under IFR unless, knowledgeable and competent in the since the beginning of the 6th month following areas as appropriate to as- before that use, the pilot has satisfac- signed duties and responsibilities— torily demonstrated either that type of (a) Authority of the pilot in com- approach procedure or any other two mand; different types of nonprecision ap- (b) Passenger handling, including proach procedures. The instrument ap- procedures to be followed in handling proach procedure or procedures must deranged persons or other persons include at least one straight-in ap- whose conduct might jeopardize safety; proach, one circling approach, and one (c) Crewmember assignments, func- missed approach. Each type of ap- tions, and responsibilities during ditch- proach procedure demonstrated must ing and evacuation of persons who may be conducted to published minimums need the assistance of another person for that procedure.
to move expeditiously to an exit in an (d) The instrument proficiency emergency; checks required by paragraphs (a) and (d) Briefing of passengers; (b) of this section consists of either an (e) Location and operation of port- oral or written equipment test (or a able fire extinguishers and other items combination) and a flight check under of emergency equipment; simulated or actual IFR conditions.
(f) Proper use of cabin equipment and The equipment test includes questions controls; (g) Location and operation of pas- on emergency procedures, engine oper- senger oxygen equipment; ation, fuel and lubrication systems, (h) Location and operation of all nor- power settings, stall speeds, best en- mal and emergency exits, including gine-out speed, propeller and super- evacuation slides and escape ropes; and charger operations, and hydraulic, me- (i) Seating of persons who may need chanical, and electrical systems, as ap- assistance of another person to move propriate. The flight check includes rapidly to an exit in an emergency as navigation by instruments, recovery prescribed by the program manager’s from simulated emergencies, and operations manual. standard instrument approaches in- volving navigational facilities which § 91.1069 Flight crew: Instrument pro- that pilot is to be authorized to use.
ficiency check requirements.
(e) Each pilot taking the instrument (a) No program manager or owner proficiency check must show that may use a pilot, nor may any person standard of competence required by serve, as a pilot in command of an air- § 91.1065(d).
craft under IFR unless, since the begin- (1) The instrument proficiency check ning of the 6th month before that serv- must— ice, that pilot has passed an instru- (i) For a pilot in command of an air- ment proficiency check under this sec- craft requiring that the PIC hold an tion administered by the Adminis- airline transport pilot certificate, in- trator or an authorized check pilot. clude the procedures and maneuvers for (b) No program manager or owner an airline transport pilot certificate in may use a pilot, nor may any person the particular type of aircraft, if appro- serve, as a second command pilot of an priate; and aircraft under IFR unless, since the be- (ii) For a pilot in command of a ginning of the 12th month before that rotorcraft or a second in command of Federal Aviation Administration, DOT § 91.1073 any aircraft requiring that the SIC peat any other maneuvers that are nec- hold a commercial pilot certificate in- essary to determine the pilot’s pro- clude the procedures and maneuvers for ficiency. If the pilot being checked is a commercial pilot certificate with an unable to demonstrate satisfactory instrument rating and, if required, for performance to the person conducting the appropriate type rating. the check, the program manager may (2) The instrument proficiency check not use the pilot, nor may the pilot must be given by an authorized check serve, as a flight crewmember in oper- pilot or by the Administrator. ations under this subpart until the (f) If the pilot is assigned to pilot pilot has satisfactorily completed the only one type of aircraft, that pilot check. If a pilot who demonstrates un- must take the instrument proficiency satisfactory performance is employed check required by paragraph (a) of this as a pilot for a certificate holder oper- section in that type of aircraft. ating under part 121, 125, or 135 of this chapter, he or she must notify that cer- (g) If the pilot in command is as- tificate holder of the unsatisfactory signed to pilot more than one type of performance.
aircraft, that pilot must take the in- strument proficiency check required by § 91.1073 Training program: General.
paragraph (a) of this section in each type of aircraft to which that pilot is (a) Each program manager must have assigned, in rotation, but not more a training program and must: (1) Establish, obtain the appropriate than one flight check during each pe- initial and final approval of, and pro- riod described in paragraph (a) of this vide a training program that meets section.
this subpart and that ensures that each (h) If the pilot in command is as- crewmember, including each flight at- signed to pilot both single-engine and tendant if the program manager uses a multiengine aircraft, that pilot must flight attendant crewmember, flight initially take the instrument pro- instructor, check pilot, and each per- ficiency check required by paragraph son assigned duties for the carriage and (a) of this section in a multiengine air- handling of hazardous materials (as de- craft, and each succeeding check alter- fined in 49 CFR 171.8) is adequately nately in single-engine and multien- trained to perform these assigned du- gine aircraft, but not more than one ties.
flight check during each period de- (2) Provide adequate ground and scribed in paragraph (a) of this section.
flight training facilities and properly (i) All or portions of a required flight qualified ground instructors for the check may be given in an aircraft sim- training required by this subpart.
ulator or other appropriate training de- (3) Provide and keep current for each vice, if approved by the Administrator.
aircraft type used and, if applicable, § 91.1071 Crewmember: Tests and the particular variations within the checks, grace provisions, training aircraft type, appropriate training ma- to accepted standards.
terial, examinations, forms, instruc- (a) If a crewmember who is required tions, and procedures for use in con- to take a test or a flight check under ducting the training and checks re- this subpart, completes the test or quired by this subpart.
flight check in the month before or (4) Provide enough flight instructors, after the month in which it is required, check pilots, and simulator instructors that crewmember is considered to have to conduct required flight training and completed the test or check in the flight checks, and simulator training month in which it is required. courses allowed under this subpart.
(b) If a pilot being checked under this (b) Whenever a crewmember who is subpart fails any of the required ma- required to take recurrent training neuvers, the person giving the check under this subpart completes the train- may give additional training to the ing in the month before, or the month pilot during the course of the check. In after, the month in which that training addition to repeating the maneuvers is required, the crewmember is consid- failed, the person giving the check may ered to have completed it in the month require the pilot being checked to re- in which it was required.
14 CFR Ch. I (1–1–25 Edition) § 91.1075 (c) Each instructor, supervisor, or and checking must be accomplished in check pilot who is responsible for a the aircraft.
particular ground training subject, seg- § 91.1075 Training program: Special ment of flight training, course of train- rules.
ing, flight check, or competence check under this subpart must certify as to Other than the program manager, the proficiency and knowledge of the only the following are eligible under crewmember, flight instructor, or this subpart to conduct training, test- check pilot concerned upon completion ing, and checking under contract or of that training or check. That certifi- other arrangement to those persons cation must be made a part of the subject to the requirements of this sub- crewmember’s record. When the certifi- part.
cation required by this paragraph is (a) Another program manager oper- made by an entry in a computerized ating under this subpart: recordkeeping system, the certifying (b) A training center certificated instructor, supervisor, or check pilot, under part 142 of this chapter to con- must be identified with that entry.
duct training, testing, and checking re- However, the signature of the certi- quired by this subpart if the training fying instructor, supervisor, or check center— pilot is not required for computerized (1) Holds applicable training speci- entries.
fications issued under part 142 of this (d) Training subjects that apply to chapter; more than one aircraft or crewmember (2) Has facilities, training equipment, position and that have been satisfac- and courseware meeting the applicable torily completed during previous train- requirements of part 142 of this chap- ing while employed by the program ter; manager for another aircraft or an- other crewmember position, need not (3) Has approved curriculums, cur- be repeated during subsequent training riculum segments, and portions of cur- other than recurrent training.
riculum segments applicable for use in (e) Aircraft simulators and other training courses required by this sub- training devices may be used in the part; and program manager’s training program if (4) Has sufficient instructors and approved by the Administrator.
check pilots qualified under the appli- (f) Each program manager is respon- cable requirements of §§ 91.1089 through sible for establishing safe and efficient 91.1095 to conduct training, testing, and crew management practices for all checking to persons subject to the re- phases of flight in program operations quirements of this subpart.
including crew resource management (c) A part 119 certificate holder oper- training for all crewmembers used in ating under part 121 or part 135 of this program operations.
chapter.
(g) If an aircraft simulator has been (d) As authorized by the Adminis- approved by the Administrator for use trator, a training center that is not in the program manager’s training pro- certificated under part 142 of this chap- gram, the program manager must en- ter.
sure that each pilot annually com- pletes at least one flight training ses- § 91.1077 Training program and revi- sion in an approved simulator for at sion: Initial and final approval.
least one program aircraft. The train- (a) To obtain initial and final ap- ing session may be the flight training proval of a training program, or a revi- portion of any of the pilot training or sion to an approved training program, check requirements of this subpart, in- each program manager must submit to cluding the initial, transition, upgrade, the Administrator— requalification, differences, or recur- rent training, or the accomplishment (1) An outline of the proposed or re- of a competency check or instrument vised curriculum, that provides enough proficiency check. If there is no ap- information for a preliminary evalua- proved simulator for that aircraft type tion of the proposed training program in operation, then all flight training or revision; and Federal Aviation Administration, DOT § 91.1081 (2) Additional relevant information (2) A list of all the training devices, that may be requested by the Adminis- mock-ups, systems trainers, procedures trator. trainers, or other training aids that the program manager will use.
(b) If the proposed training program or revision complies with this subpart, (3) Detailed descriptions or pictorial the Administrator grants initial ap- displays of the approved normal, abnor- proval in writing after which the pro- mal, and emergency maneuvers, proce- gram manager may conduct the train- dures and functions that will be per- formed during each flight training ing under that program. The Adminis- phase or flight check, indicating those trator then evaluates the effectiveness maneuvers, procedures and functions of the training program and advises the that are to be performed during the program manager of deficiencies, if inflight portions of flight training and any, that must be corrected.
flight checks.
(c) The Administrator grants final approval of the proposed training pro- § 91.1081 Crewmember training re- gram or revision if the program man- quirements.
ager shows that the training conducted (a) Each program manager must in- under the initial approval in paragraph clude in its training program the fol- (b) of this section ensures that each lowing initial and transition ground person who successfully completes the training as appropriate to the par- training is adequately trained to per- ticular assignment of the crewmember: form that person’s assigned duties.
(1) Basic indoctrination ground train- (d) Whenever the Administrator finds ing for newly hired crewmembers in- that revisions are necessary for the cluding instruction in at least the— continued adequacy of a training pro- (i) Duties and responsibilities of gram that has been granted final ap- crewmembers as applicable; proval, the program manager must, (ii) Appropriate provisions of this after notification by the Adminis- chapter; trator, make any changes in the pro- (iii) Contents of the program man- gram that are found necessary by the ager’s management specifications (not Administrator. Within 30 days after the required for flight attendants); and program manager receives the notice, it may file a petition to reconsider the (iv) Appropriate portions of the pro- notice with the Administrator. The fil- gram manager’s operating manual.
(2) The initial and transition ground ing of a petition to reconsider stays the training in §§ 91.1101 and 91.1105, as ap- notice pending a decision by the Ad- plicable.
ministrator. However, if the Adminis- trator finds that there is an emergency (3) Emergency training in § 91.1083.
that requires immediate action in the (b) Each training program must pro- interest of safety, the Administrator vide the initial and transition flight may, upon a statement of the reasons, training in § 91.1103, as applicable.
require a change effective without (c) Each training program must pro- stay.
vide recurrent ground and flight train- ing as provided in § 91.1107.
§ 91.1079 Training program: Cur- (d) Upgrade training in §§ 91.1101 and riculum.
91.1103 for a particular type aircraft (a) Each program manager must pre- may be included in the training pro- pare and keep current a written train- gram for crewmembers who have quali- ing program curriculum for each type fied and served as second in command of aircraft for each crewmember re- on that aircraft.
quired for that type aircraft. The cur- (e) In addition to initial, transition, riculum must include ground and flight upgrade and recurrent training, each training required by this subpart.
training program must provide ground (b) Each training program cur- and flight training, instruction, and riculum must include the following: practice necessary to ensure that each crewmember— (1) A list of principal ground training subjects, including emergency training (1) Remains adequately trained and subjects, that are provided. currently proficient for each aircraft, 14 CFR Ch. I (1–1–25 Edition) § 91.1083 crewmember position, and type of oper- (4) Operation and use of emergency ation in which the crewmember serves; exits, including deployment and use of and evacuation slides, if applicable.
(2) Qualifies in new equipment, facili- (5) Use of crew and passenger oxygen.
ties, procedures, and techniques, in- (6) Removal of life rafts from the air- cluding modifications to aircraft.
craft, inflation of the life rafts, use of lifelines, and boarding of passengers § 91.1083 Crewmember emergency and crew, if applicable.
training.
(7) Donning and inflation of life vests (a) Each training program must pro- and the use of other individual flota- vide emergency training under this sec- tion devices, if applicable.
tion for each aircraft type, model, and (d) Crewmembers who serve in oper- configuration, each crewmember, and ations above 25,000 feet must receive each kind of operation conducted, as instruction in the following: appropriate for each crewmember and (1) Respiration.
the program manager.
(2) Hypoxia.
(b) Emergency training must provide (3) Duration of consciousness without the following: supplemental oxygen at altitude.
(1) Instruction in emergency assign- (4) Gas expansion.
ments and procedures, including co- (5) Gas bubble formation.
ordination among crewmembers.
(2) Individual instruction in the loca- (6) Physical phenomena and incidents tion, function, and operation of emer- of decompression.
gency equipment including— § 91.1085 Hazardous materials recogni- (i) Equipment used in ditching and tion training.
evacuation; (ii) First aid equipment and its prop- No program manager may use any er use; and person to perform, and no person may (iii) Portable fire extinguishers, with perform, any assigned duties and re- emphasis on the type of extinguisher to sponsibilities for the handling or car- be used on different classes of fires.
riage of hazardous materials (as de- (3) Instruction in the handling of fined in 49 CFR 171.8), unless that per- emergency situations including— son has received training in the rec- (i) Rapid decompression; ognition of hazardous materials.
(ii) Fire in flight or on the surface and smoke control procedures with em- § 91.1087 Approval of aircraft simula- phasis on electrical equipment and re- tors and other training devices.
lated circuit breakers found in cabin (a) Training courses using aircraft areas; simulators and other training devices (iii) Ditching and evacuation; may be included in the program man- (iv) Illness, injury, or other abnormal ager’s training program if approved by situations involving passengers or the Administrator.
crewmembers; and (b) Each aircraft simulator and other (v) Hijacking and other unusual situ- training device that is used in a train- ations.
ing course or in checks required under (4) Review and discussion of previous this subpart must meet the following aircraft accidents and incidents involv- requirements: ing actual emergency situations.
(1) It must be specifically approved (c) Each crewmember must perform for— at least the following emergency drills, (i) The program manager; and using the proper emergency equipment (ii) The particular maneuver, proce- and procedures, unless the Adminis- dure, or crewmember function in- trator finds that, for a particular drill, volved.
the crewmember can be adequately (2) It must maintain the perform- trained by demonstration: ance, functional, and other characteris- (1) Ditching, if applicable.
tics that are required for approval.
(2) Emergency evacuation.
(3) Fire extinguishing and smoke con- (3) Additionally, for aircraft simula- trol. tors, it must be— Federal Aviation Administration, DOT § 91.1089 (i) Approved for the type aircraft (4) Has satisfactorily completed the and, if applicable, the particular vari- applicable training requirements of § 91.1093; ation within type for which the train- (5) Holds at least a Class III medical ing or check is being conducted; and certificate unless serving as a required (ii) Modified to conform with any crewmember, in which case holds a modification to the aircraft being sim- Class I or Class II medical certificate ulated that changes the performance, as appropriate; and functional, or other characteristics re- (6) Has been approved by the Admin- quired for approval.
istrator for the check pilot duties in- (c) A particular aircraft simulator or volved.
other training device may be used by (c) No program manager may use a more than one program manager.
person, nor may any person serve as a (d) In granting initial and final ap- check pilot (simulator) in a training proval of training programs or revi- program established under this subpart sions to them, the Administrator con- unless, with respect to the aircraft siders the training devices, methods, type involved, that person meets the and procedures listed in the program provisions of paragraph (b) of this sec- manager’s curriculum under § 91.1079.
tion, or— (1) Holds the applicable pilot certifi- § 91.1089 Qualifications: Check pilots cates and ratings, except medical cer- (aircraft) and check pilots (simu- tificate, required to serve as a pilot in lator).
command in operations under this sub- (a) For the purposes of this section part; and § 91.1093: (2) Has satisfactorily completed the (1) A check pilot (aircraft) is a person appropriate training phases for the air- who is qualified to conduct flight craft, including recurrent training, checks in an aircraft, in a flight simu- that are required to serve as a pilot in lator, or in a flight training device for command in operations under this sub- a particular type aircraft. part; (3) Has satisfactorily completed the (2) A check pilot (simulator) is a per- appropriate proficiency or competency son who is qualified to conduct flight checks that are required to serve as a checks, but only in a flight simulator, pilot in command in operations under in a flight training device, or both, for this subpart; a particular type aircraft.
(4) Has satisfactorily completed the (3) Check pilots (aircraft) and check applicable training requirements of pilots (simulator) are those check pi- § 91.1093; and lots who perform the functions de- (5) Has been approved by the Admin- scribed in § 91.1073(a)(4) and (c).
istrator for the check pilot (simulator) (b) No program manager may use a duties involved.
person, nor may any person serve as a (d) Completion of the requirements check pilot (aircraft) in a training pro- in paragraphs (b)(2), (3), and (4) or gram established under this subpart (c)(2), (3), and (4) of this section, as ap- unless, with respect to the aircraft plicable, must be entered in the indi- type involved, that person— vidual’s training record maintained by (1) Holds the pilot certificates and the program manager.
ratings required to serve as a pilot in (e) A check pilot who does not hold command in operations under this sub- an appropriate medical certificate may part; function as a check pilot (simulator), (2) Has satisfactorily completed the but may not serve as a flightcrew training phases for the aircraft, includ- member in operations under this sub- ing recurrent training, that are re- part.
quired to serve as a pilot in command (f) A check pilot (simulator) must ac- in operations under this subpart; complish the following— (3) Has satisfactorily completed the (1) Fly at least two flight segments proficiency or competency checks that as a required crewmember for the type, are required to serve as a pilot in com- class, or category aircraft involved mand in operations under this subpart; within the 12-month period preceding 14 CFR Ch. I (1–1–25 Edition) § 91.1091 the performance of any check pilot (c) No program manager may use a duty in a flight simulator; or person, nor may any person serve as a (2) Before performing any check pilot flight instructor (simulator) in a train- duty in a flight simulator, satisfac- ing program established under this sub- torily complete an approved line-obser- part, unless, with respect to the type, vation program within the period pre- class, or category aircraft involved, scribed by that program.
that person meets the provisions of (g) The flight segments or line-obser- paragraph (b) of this section, or— vation program required in paragraph (1) Holds the pilot certificates and (f) of this section are considered to be ratings, except medical certificate, re- completed in the month required if quired to serve as a pilot in command completed in the month before or the in operations under this subpart or month after the month in which they part 121 or 135 of this chapter; are due.
(2) Has satisfactorily completed the appropriate training phases for the air- § 91.1091 Qualifications: Flight instruc- craft, including recurrent training, tors (aircraft) and flight instructors that are required to serve as a pilot in (simulator).
command in operations under this sub- (a) For the purposes of this section part; and § 91.1095: (3) Has satisfactorily completed the (1) A flight instructor (aircraft) is a appropriate proficiency or competency person who is qualified to instruct in checks that are required to serve as a an aircraft, in a flight simulator, or in pilot in command in operations under a flight training device for a particular this subpart; and type, class, or category aircraft.
(4) Has satisfactorily completed the (2) A flight instructor (simulator) is a applicable training requirements of person who is qualified to instruct in a § 91.1095.
flight simulator, in a flight training (d) Completion of the requirements device, or in both, for a particular in paragraphs (b)(2), (3), and (4) or type, class, or category aircraft.
(c)(2), (3), and (4) of this section, as ap- (3) Flight instructors (aircraft) and plicable, must be entered in the indi- flight instructors (simulator) are those vidual’s training record maintained by instructors who perform the functions the program manager.
described in § 91.1073(a)(4) and (c).
(e) A pilot who does not hold a med- (b) No program manager may use a ical certificate may function as a flight person, nor may any person serve as a instructor in an aircraft if functioning flight instructor (aircraft) in a training as a non-required crewmember, but program established under this subpart may not serve as a flightcrew member unless, with respect to the type, class, in operations under this subpart.
or category aircraft involved, that per- (f) A flight instructor (simulator) son— must accomplish the following— (1) Holds the pilot certificates and (1) Fly at least two flight segments ratings required to serve as a pilot in as a required crewmember for the type, command in operations under this sub- class, or category aircraft involved part or part 121 or 135 of this chapter; within the 12-month period preceding (2) Has satisfactorily completed the the performance of any flight instruc- training phases for the aircraft, includ- tor duty in a flight simulator; or ing recurrent training, that are re- (2) Satisfactorily complete an ap- quired to serve as a pilot in command proved line-observation program with- in operations under this subpart; in the period prescribed by that pro- (3) Has satisfactorily completed the gram preceding the performance of any proficiency or competency checks that flight instructor duty in a flight simu- are required to serve as a pilot in com- lator.
mand in operations under this subpart; (4) Has satisfactorily completed the (g) The flight segments or line-obser- applicable training requirements of vation program required in paragraph § 91.1095; and (f) of this section are considered com- (5) Holds at least a Class III medical pleted in the month required if com- certificate. pleted in the month before, or in the Federal Aviation Administration, DOT § 91.1095 month after, the month in which they tations for performing the required are due. normal, abnormal, and emergency pro- cedures applicable to the aircraft to [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, which the check pilot is in transition.
2003, as amended by Amdt. 91–322, 76 FR (e) The initial and transition flight 31823, June 2, 2011] training for a check pilot (aircraft) must include the following— § 91.1093 Initial and transition train- ing and checking: Check pilots (air- (1) The safety measures for emer- craft), check pilots (simulator).
gency situations that are likely to de- velop during a check; (a) No program manager may use a (2) The potential results of improper, person nor may any person serve as a untimely, or nonexecution of safety check pilot unless— measures during a check; (1) That person has satisfactorily (3) Training and practice in con- completed initial or transition check ducting flight checks from the left and pilot training; and right pilot seats in the required nor- (2) Within the preceding 24 months, mal, abnormal, and emergency proce- that person satisfactorily conducts a dures to ensure competence to conduct proficiency or competency check under the pilot flight checks required by this the observation of an FAA inspector or subpart; and an aircrew designated examiner em- (4) The safety measures to be taken ployed by the program manager. The from either pilot seat for emergency observation check may be accom- situations that are likely to develop plished in part or in full in an aircraft, during checking.
in a flight simulator, or in a flight (f) The requirements of paragraph (e) training device.
of this section may be accomplished in (b) The observation check required full or in part in flight, in a flight sim- by paragraph (a)(2) of this section is ulator, or in a flight training device, as considered to have been completed in appropriate.
the month required if completed in the (g) The initial and transition flight month before or the month after the training for a check pilot (simulator) month in which it is due.
must include the following: (c) The initial ground training for (1) Training and practice in con- check pilots must include the fol- ducting flight checks in the required lowing: normal, abnormal, and emergency pro- (1) Check pilot duties, functions, and cedures to ensure competence to con- responsibilities.
duct the flight checks required by this (2) The applicable provisions of the subpart. This training and practice Code of Federal Regulations and the must be accomplished in a flight simu- program manager’s policies and proce- lator or in a flight training device.
dures.
(2) Training in the operation of flight (3) The applicable methods, proce- simulators, flight training devices, or dures, and techniques for conducting both, to ensure competence to conduct the required checks.
the flight checks required by this sub- (4) Proper evaluation of student per- part.
formance including the detection of— (i) Improper and insufficient train- § 91.1095 Initial and transition train- ing; and ing and checking: Flight instructors (aircraft), flight instructors (simu- (ii) Personal characteristics of an ap- lator).
plicant that could adversely affect safety.
(a) No program manager may use a (5) The corrective action in the case person nor may any person serve as a of unsatisfactory checks.
flight instructor unless— (6) The approved methods, proce- (1) That person has satisfactorily dures, and limitations for performing completed initial or transition flight the required normal, abnormal, and instructor training; and emergency procedures in the aircraft. (2) Within the preceding 24 months, (d) The transition ground training for that person satisfactorily conducts in- a check pilot must include the ap- struction under the observation of an proved methods, procedures, and limi- FAA inspector, a program manager 14 CFR Ch. I (1–1–25 Edition) § 91.1097 check pilot, or an aircrew designated (2) The potential results of improper examiner employed by the program or untimely safety measures during in- manager. The observation check may struction; be accomplished in part or in full in an (3) Training and practice from the aircraft, in a flight simulator, or in a left and right pilot seats in the re- flight training device. quired normal, abnormal, and emer- gency maneuvers to ensure competence (b) The observation check required to conduct the flight instruction re- by paragraph (a)(2) of this section is quired by this subpart; and considered to have been completed in (4) The safety measures to be taken the month required if completed in the from either the left or right pilot seat month before, or the month after, the for emergency situations that are like- month in which it is due.
ly to develop during instruction.
(c) The initial ground training for (f) The requirements of paragraph (e) flight instructors must include the fol- of this section may be accomplished in lowing: full or in part in flight, in a flight sim- (1) Flight instructor duties, func- ulator, or in a flight training device, as tions, and responsibilities.
appropriate.
(2) The applicable Code of Federal (g) The initial and transition flight Regulations and the program man- training for a flight instructor (simu- ager’s policies and procedures.
lator) must include the following: (3) The applicable methods, proce- (1) Training and practice in the re- dures, and techniques for conducting quired normal, abnormal, and emer- flight instruction.
gency procedures to ensure competence (4) Proper evaluation of student per- to conduct the flight instruction re- formance including the detection of— quired by this subpart. These maneu- (i) Improper and insufficient train- vers and procedures must be accom- ing; and plished in full or in part in a flight sim- (ii) Personal characteristics of an ap- ulator or in a flight training device.
plicant that could adversely affect (2) Training in the operation of flight safety.
simulators, flight training devices, or (5) The corrective action in the case both, to ensure competence to conduct of unsatisfactory training progress.
the flight instruction required by this (6) The approved methods, proce- subpart.
dures, and limitations for performing the required normal, abnormal, and § 91.1097 Pilot and flight attendant emergency procedures in the aircraft. crewmember training programs.
(7) Except for holders of a flight in- (a) Each program manager must es- structor certificate— tablish and maintain an approved pilot (i) The fundamental principles of the training program, and each program teaching-learning process; manager who uses a flight attendant (ii) Teaching methods and proce- crewmember must establish and main- dures; and tain an approved flight attendant (iii) The instructor-student relation- training program, that is appropriate ship.
to the operations to which each pilot (d) The transition ground training for and flight attendant is to be assigned, flight instructors must include the ap- and will ensure that they are ade- proved methods, procedures, and limi- quately trained to meet the applicable tations for performing the required knowledge and practical testing re- normal, abnormal, and emergency pro- quirements of §§ 91.1065 through 91.1071.
cedures applicable to the type, class, or (b) Each program manager required category aircraft to which the flight to have a training program by para- instructor is in transition.
graph (a) of this section must include (e) The initial and transition flight in that program ground and flight training for flight instructors (aircraft) training curriculums for— must include the following— (1) Initial training; (1) The safety measures for emer- (2) Transition training; gency situations that are likely to de- (3) Upgrade training; velop during instruction; (4) Differences training; Federal Aviation Administration, DOT § 91.1101 (5) Recurrent training; and (5) Navigation and the use of naviga- tional aids, including instrument ap- (6) Requalification training.
proach procedures; (c) Each program manager must pro- (6) Normal and emergency commu- vide current and appropriate study ma- nication procedures; terials for use by each required pilot (7) Visual cues before and during de- and flight attendant.
scent below Decision Altitude or MDA; (d) The program manager must fur- and nish copies of the pilot and flight at- (8) Other instructions necessary to tendant crewmember training program, ensure the pilot’s competence.
and all changes and additions, to the (b) For each aircraft type— assigned representative of the Admin- (1) A general description; istrator. If the program manager uses (2) Performance characteristics; training facilities of other persons, a (3) Engines and propellers; copy of those training programs or ap- (4) Major components; propriate portions used for those facili- (5) Major aircraft systems (that is, ties must also be furnished. Curricula flight controls, electrical, and hydrau- that follow FAA published curricula lic), other systems, as appropriate, may be cited by reference in the copy principles of normal, abnormal, and of the training program furnished to emergency operations, appropriate pro- the representative of the Adminis- cedures and limitations; trator and need not be furnished with (6) Knowledge and procedures for— the program.
(i) Recognizing and avoiding severe weather situations; § 91.1099 Crewmember initial and re- (ii) Escaping from severe weather sit- current training requirements.
uations, in case of inadvertent encoun- No program manager may use a per- ters, including low-altitude windshear son, nor may any person serve, as a (except that rotorcraft pilots are not crewmember in operations under this required to be trained in escaping from subpart unless that crewmember has low-altitude windshear); completed the appropriate initial or re- (iii) Operating in or near thunder- current training phase of the training storms (including best penetration al- program appropriate to the type of op- titudes), turbulent air (including clear eration in which the crewmember is to air turbulence), inflight icing, hail, and serve since the beginning of the 12th other potentially hazardous meteoro- logical conditions; and month before that service.
(iv) Operating airplanes during § 91.1101 Pilots: Initial, transition, and ground icing conditions, (that is, any upgrade ground training.
time conditions are such that frost, ice, or snow may reasonably be ex- Initial, transition, and upgrade pected to adhere to the aircraft), if the ground training for pilots must include program manager expects to authorize instruction in at least the following, as takeoffs in ground icing conditions, in- applicable to their duties: cluding: (a) General subjects— (A) The use of holdover times when (1) The program manager’s flight lo- using deicing/anti-icing fluids; cating procedures; (B) Airplane deicing/anti-icing proce- (2) Principles and methods for deter- dures, including inspection and check mining weight and balance, and run- procedures and responsibilities; way limitations for takeoff and land- (C) Communications; ing; (D) Airplane surface contamination (3) Enough meteorology to ensure a (that is, adherence of frost, ice, or practical knowledge of weather phe- snow) and critical area identification, nomena, including the principles of and knowledge of how contamination frontal systems, icing, fog, thunder- adversely affects airplane performance storms, windshear and, if appropriate, and flight characteristics; high altitude weather situations; (E) Types and characteristics of deic- (4) Air traffic control systems, proce- ing/anti-icing fluids, if used by the pro- dures, and phraseology; gram manager; 14 CFR Ch. I (1–1–25 Edition) § 91.1103 (F) Cold weather preflight inspection (1) The authority of the pilot in com- procedures; mand; and (2) Passenger handling, including pro- (G) Techniques for recognizing con- cedures to be followed in handling de- tamination on the airplane; ranged persons or other persons whose (7) Operating limitations; conduct might jeopardize safety.
(8) Fuel consumption and cruise con- (b) For each aircraft type— trol; (1) A general description of the air- (9) Flight planning; craft emphasizing physical characteris- (10) Each normal and emergency pro- tics that may have a bearing on ditch- cedure; and ing, evacuation, and inflight emer- (11) The approved Aircraft Flight gency procedures and on other related Manual or equivalent.
duties; (2) The use of both the public address § 91.1103 Pilots: Initial, transition, up- system and the means of commu- grade, requalification, and dif- nicating with other flight crew- ferences flight training.
members, including emergency means (a) Initial, transition, upgrade, re- in the case of attempted hijacking or qualification, and differences training other unusual situations; and for pilots must include flight and prac- (3) Proper use of electrical galley tice in each of the maneuvers and pro- equipment and the controls for cabin cedures contained in each of the cur- heat and ventilation.
riculums that are a part of the ap- proved training program.
§ 91.1107 Recurrent training.
(b) The maneuvers and procedures re- (a) Each program manager must en- quired by paragraph (a) of this section sure that each crewmember receives must be performed in flight, except to recurrent training and is adequately the extent that certain maneuvers and trained and currently proficient for the procedures may be performed in an air- type aircraft and crewmember position craft simulator, or an appropriate involved.
training device, as allowed by this sub- (b) Recurrent ground training for part.
crewmembers must include at least the (c) If the program manager’s ap- following: proved training program includes a (1) A quiz or other review to deter- course of training using an aircraft mine the crewmember’s knowledge of simulator or other training device, the aircraft and crewmember position each pilot must successfully com- involved.
plete— (2) Instruction as necessary in the (1) Training and practice in the simu- subjects required for initial ground lator or training device in at least the training by this subpart, as appro- maneuvers and procedures in this sub- priate, including low-altitude part that are capable of being per- windshear training and training on op- formed in the aircraft simulator or erating during ground icing conditions, training device; and as prescribed in § 91.1097 and described (2) A flight check in the aircraft or a in § 91.1101, and emergency training.
check in the simulator or training de- (c) Recurrent flight training for pi- vice to the level of proficiency of a lots must include, at least, flight train- pilot in command or second in com- ing in the maneuvers or procedures in mand, as applicable, in at least the ma- this subpart, except that satisfactory neuvers and procedures that are capa- completion of the check required by ble of being performed in an aircraft § 91.1065 within the preceding 12 months simulator or training device.
may be substituted for recurrent flight training.
§ 91.1105 Flight attendants: Initial and transition ground training.
§ 91.1109 Aircraft maintenance: Inspec- tion program.
Initial and transition ground train- ing for flight attendants must include Each program manager must estab- instruction in at least the following— lish an aircraft inspection program for (a) General subjects— each make and model program aircraft Federal Aviation Administration, DOT § 91.1115 and ensure each aircraft is inspected in (4) An airplane inspection program accordance with that inspection pro- approved under § 125.247 of this chapter gram. and currently in use under part 125 of this chapter.
(a) The inspection program must be (5) An inspection program that is in writing and include at least the fol- part of the program manager’s contin- lowing information: uous airworthiness maintenance pro- (1) Instructions and procedures for gram under §§ 91.1411 through 91.1443.
the conduct of inspections for the par- (c) The Administrator may require ticular make and model aircraft, in- revision of the inspection program ap- cluding necessary tests and checks.
proved under this section in accordance The instructions and procedures must with the provisions of § 91.415.
set forth in detail the parts and areas [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, of the airframe, engines, propellers, ro- 2003, as amended by Docket FAA–2018–0119, tors, and appliances, including survival Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] and emergency equipment required to be inspected.
§ 91.1111 Maintenance training.
(2) A schedule for performing the in- The program manager must ensure spections that must be accomplished that all employees who are responsible under the inspection program ex- for maintenance related to program pressed in terms of the time in service, aircraft undergo appropriate initial calendar time, number of system oper- and annual recurrent training and are ations, or any combination thereof.
competent to perform those duties.
(3) The name and address of the per- son responsible for scheduling the in- § 91.1113 Maintenance recordkeeping.
spections required by the inspection Each fractional ownership program program. A copy of the inspection pro- manager must keep (using the system gram must be made available to the specified in the manual required in person performing inspections on the § 91.1025) the records specified in aircraft and, upon request, to the Ad- § 91.417(a) for the periods specified in ministrator.
§ 91.417(b).
(b) Each person desiring to establish or change an approved inspection pro- § 91.1115 Inoperable instruments and gram under this section must submit equipment.
the inspection program for approval to (a) No person may take off an air- the Flight Standards office that issued craft with inoperable instruments or the program manager’s management equipment installed unless the fol- specifications. The inspection program lowing conditions are met: must be derived from one of the fol- (1) An approved Minimum Equipment lowing programs: List exists for that aircraft.
(1) An inspection program currently (2) The program manager has been recommended by the manufacturer of issued management specifications au- the aircraft, aircraft engines, propel- thorizing operations in accordance lers, appliances, and survival and emer- with an approved Minimum Equipment gency equipment; List. The flight crew must have direct (2) An inspection program that is access at all times prior to flight to all part of a continuous airworthiness of the information contained in the ap- maintenance program currently in use proved Minimum Equipment List by a person holding an air carrier or through printed or other means ap- operating certificate issued under part proved by the Administrator in the 119 of this chapter and operating that program manager’s management speci- make and model aircraft under part 121 fications. An approved Minimum or 135 of this chapter; Equipment List, as authorized by the (3) An aircraft inspection program management specifications, con- approved under § 135.419 of this chapter stitutes an approved change to the and currently in use under part 135 of type design without requiring recertifi- this chapter by a person holding a cer- cation.
tificate issued under part 119 of this (3) The approved Minimum Equip- chapter; or ment List must: 14 CFR Ch. I (1–1–25 Edition) § 91.1411 (i) Be prepared in accordance with who elects to maintain the program the limitations specified in paragraph aircraft using a continuous airworthi- (b) of this section. ness maintenance program must com- (ii) Provide for the operation of the ply with §§ 91.1413 through 91.1443.
aircraft with certain instruments and § 91.1413 CAMP: Responsibility for air- equipment in an inoperable condition.
worthiness.
(4) Records identifying the inoperable instruments and equipment and the in- (a) For aircraft maintained in ac- formation required by (a)(3)(ii) of this cordance with a Continuous Airworthi- section must be available to the pilot.
ness Maintenance Program, each pro- (5) The aircraft is operated under all gram manager is primarily responsible applicable conditions and limitations for the following: contained in the Minimum Equipment (1) Maintaining the airworthiness of List and the management specifica- the program aircraft, including air- tions authorizing use of the Minimum frames, aircraft engines, propellers, ro- Equipment List.
tors, appliances, and parts.
(b) The following instruments and (2) Maintaining its aircraft in accord- equipment may not be included in the ance with the requirements of this Minimum Equipment List: chapter.
(1) Instruments and equipment that (3) Repairing defects that occur be- are either specifically or otherwise re- tween regularly scheduled mainte- quired by the airworthiness require- nance required under part 43 of this ments under which the airplane is type chapter.
certificated and that are essential for (b) Each program manager who main- safe operations under all operating tains program aircraft under a CAMP conditions.
must— (2) Instruments and equipment re- (1) Employ a Director of Maintenance quired by an airworthiness directive to or equivalent position. The Director of be in operable condition unless the air- Maintenance must be a certificated worthiness directive provides other- mechanic with airframe and power- wise.
plant ratings who has responsibility for (3) Instruments and equipment re- the maintenance program on all pro- quired for specific operations by this gram aircraft maintained under a con- part.
tinuous airworthiness maintenance (c) Notwithstanding paragraphs (b)(1) program. This person cannot also act and (b)(3) of this section, an aircraft as Chief Inspector.
with inoperable instruments or equip- (2) Employ a Chief Inspector or ment may be operated under a special equivalent position. The Chief Inspec- flight permit under §§ 21.197 and 21.199 tor must be a certificated mechanic of this chapter.
with airframe and powerplant ratings (d) A person authorized to use an ap- who has overall responsibility for in- proved Minimum Equipment List spection aspects of the CAMP. This issued for a specific aircraft under part person cannot also act as Director of 121, 125, or 135 of this chapter must use Maintenance.
that Minimum Equipment List to com- ply with this section. (3) Have the personnel to perform the maintenance of program aircraft, in- E FFECTIVE D ATE N OTE : Amendments to cluding airframes, aircraft engines, § 91.1115 were published by Docket FAA–2023– propellers, rotors, appliances, emer- 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef- gency equipment and parts, under its fective Jan. 21, 2025.
manual and this chapter; or make ar- § 91.1411 Continuous airworthiness rangements with another person for maintenance program use by frac- the performance of maintenance. How- tional ownership program manager.
ever, the program manager must en- Fractional ownership program air- sure that any maintenance, preventive craft may be maintained under a con- maintenance, or alteration that is per- tinuous airworthiness maintenance formed by another person is performed program (CAMP) under §§ 91.1413 under the program manager’s oper- through 91.1443. Any program manager ating manual and this chapter.
Federal Aviation Administration, DOT § 91.1415 of the earth on takeoff until it touches § 91.1415 CAMP: Mechanical reliability reports. down on landing.
(c) In addition to the reports required (a) Each program manager who main- by paragraph (a) of this section, each tains program aircraft under a CAMP program manager must report any must report the occurrence or detec- other failure, malfunction, or defect in tion of each failure, malfunction, or de- an aircraft that occurs or is detected at fect in an aircraft concerning— any time if, in the manager’s opinion, (1) Fires during flight and whether the failure, malfunction, or defect has the related fire-warning system func- endangered or may endanger the safe tioned properly; operation of the aircraft.
(2) Fires during flight not protected (d) Each program manager must send by related fire-warning system; each report required by this section, in (3) False fire-warning during flight; writing, covering each 24-hour period (4) An exhaust system that causes beginning at 0900 hours local time of damage during flight to the engine, ad- each day and ending at 0900 hours local jacent structure, equipment, or compo- time on the next day to the Flight nents; Standards office that issued the pro- (5) An aircraft component that gram manager’s management specifica- causes accumulation or circulation of tions. Each report of occurrences dur- smoke, vapor, or toxic or noxious ing a 24-hour period must be mailed or fumes in the crew compartment or pas- transmitted to that office within the senger cabin during flight; next 72 hours. However, a report that is (6) Engine shutdown during flight be- due on Saturday or Sunday may be cause of flameout; mailed or transmitted on the following (7) Engine shutdown during flight Monday and one that is due on a holi- when external damage to the engine or day may be mailed or transmitted on aircraft structure occurs; the next workday. For aircraft oper- (8) Engine shutdown during flight be- ated in areas where mail is not col- cause of foreign object ingestion or lected, reports may be mailed or trans- icing; mitted within 72 hours after the air- (9) Shutdown of more than one en- craft returns to a point where the mail gine during flight; is collected.
(10) A propeller feathering system or (e) The program manager must trans- ability of the system to control over- mit the reports required by this section speed during flight; on a form and in a manner prescribed (11) A fuel or fuel-dumping system by the Administrator, and must in- that affects fuel flow or causes haz- clude as much of the following as is ardous leakage during flight; available: (12) An unwanted landing gear exten- (1) The type and identification num- sion or retraction or opening or closing ber of the aircraft.
of landing gear doors during flight; (2) The name of the program man- (13) Brake system components that ager.
result in loss of brake actuating force (3) The date.
when the aircraft is in motion on the (4) The nature of the failure, mal- ground; function, or defect.
(14) Aircraft structure that requires (5) Identification of the part and sys- major repair; tem involved, including available infor- (15) Cracks, permanent deformation, mation pertaining to type designation or corrosion of aircraft structures, if of the major component and time since more than the maximum acceptable to last overhaul, if known.
the manufacturer or the FAA; and (6) Apparent cause of the failure, (16) Aircraft components or systems malfunction or defect (for example, that result in taking emergency ac- wear, crack, design deficiency, or per- tions during flight (except action to sonnel error).
shut down an engine). (7) Other pertinent information nec- (b) For the purpose of this section, essary for more complete identifica- during flight means the period from the tion, determination of seriousness, or moment the aircraft leaves the surface corrective action.
14 CFR Ch. I (1–1–25 Edition) § 91.1417 (f) A program manager that is also § 91.1423 CAMP: Maintenance organi- the holder of a type certificate (includ- zation.
ing a supplemental type certificate), a (a) Each program manager who main- Parts Manufacturer Approval, or a tains program aircraft under a CAMP Technical Standard Order Authoriza- that has its personnel perform any of tion, or that is the licensee of a type its maintenance (other than required certificate need not report a failure, inspections), preventive maintenance, malfunction, or defect under this sec- or alterations, and each person with tion if the failure, malfunction, or de- whom it arranges for the performance fect has been reported by it under § 21.3 of that work, must have an organiza- of this chapter or under the accident tion adequate to perform the work.
reporting provisions of part 830 of the (b) Each program manager who has regulations of the National Transpor- personnel perform any inspections re- tation Safety Board.
quired by the program manager’s man- (g) No person may withhold a report ual under § 91.1427(b) (2) or (3), (in this required by this section even when not subpart referred to as required inspec- all information required by this section tions), and each person with whom the is available.
program manager arranges for the per- (h) When the program manager re- formance of that work, must have an ceives additional information, includ- organization adequate to perform that ing information from the manufacturer work.
or other agency, concerning a report (c) Each person performing required required by this section, the program inspections in addition to other main- manager must expeditiously submit it tenance, preventive maintenance, or as a supplement to the first report and alterations, must organize the perform- reference the date and place of submis- ance of those functions so as to sepa- sion of the first report.
rate the required inspection functions [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, from the other maintenance, preven- 2003, as amended by Docket FAA–2018–0119, tive maintenance, or alteration func- Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] tions. The separation must be below the level of administrative control at § 91.1417 CAMP: Mechanical interrup- which overall responsibility for the re- tion summary report.
quired inspection functions and other Each program manager who main- maintenance, preventive maintenance, tains program aircraft under a CAMP or alterations is exercised.
must mail or deliver, before the end of the 10th day of the following month, a § 91.1425 CAMP: Maintenance, preven- summary report of the following occur- tive maintenance, and alteration programs.
rences in multiengine aircraft for the preceding month to the Flight Stand- Each program manager who main- ards office that issued the management tains program aircraft under a CAMP specifications: must have an inspection program and a (a) Each interruption to a flight, un- program covering other maintenance, scheduled change of aircraft en route, preventive maintenance, or alterations or unscheduled stop or diversion from a that ensures that— route, caused by known or suspected (a) Maintenance, preventive mainte- mechanical difficulties or malfunctions nance, or alterations performed by its that are not required to be reported personnel, or by other persons, are per- under § 91.1415.
formed under the program manager’s (b) The number of propeller manual; featherings in flight, listed by type of (b) Competent personnel and ade- propeller and engine and aircraft on quate facilities and equipment are pro- which it was installed. Propeller vided for the proper performance of featherings for training, demonstra- maintenance, preventive maintenance, tion, or flight check purposes need not or alterations; and be reported.
(c) Each aircraft released to service is airworthy and has been properly [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, maintained for operation under this 2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] part.
Federal Aviation Administration, DOT § 91.1429 being countermanded by persons other § 91.1427 CAMP: Manual requirements.
than supervisory personnel of the in- (a) Each program manager who main- spection unit, or a person at the level tains program aircraft under a CAMP of administrative control that has must put in the operating manual the overall responsibility for the manage- chart or description of the program ment of both the required inspection manager’s organization required by functions and the other maintenance, § 91.1423 and a list of persons with preventive maintenance, or alterations whom it has arranged for the perform- functions.
ance of any of its required inspections, (9) Procedures to ensure that mainte- and other maintenance, preventive nance (including required inspections), maintenance, or alterations, including preventive maintenance, or alterations a general description of that work.
that are not completed because of work (b) Each program manager must put interruptions are properly completed in the operating manual the programs before the aircraft is released to serv- required by § 91.1425 that must be fol- ice.
lowed in performing maintenance, pre- (c) Each program manager must put ventive maintenance, or alterations of in the manual a suitable system (which that program manager’s aircraft, in- may include an electronic or coded sys- cluding airframes, aircraft engines, tem) that provides for the retention of propellers, rotors, appliances, emer- the following information— gency equipment, and parts, and must (1) A description (or reference to data include at least the following: acceptable to the Administrator) of the (1) The method of performing routine work performed; and nonroutine maintenance (other (2) The name of the person per- than required inspections), preventive forming the work if the work is per- maintenance, or alterations.
formed by a person outside the organi- (2) A designation of the items of zation of the program manager; and maintenance and alteration that must (3) The name or other positive identi- be inspected (required inspections) in- fication of the individual approving the cluding at least those that could result work.
in a failure, malfunction, or defect en- (d) For the purposes of this part, the dangering the safe operation of the air- program manager must prepare that craft, if not performed properly or if part of its manual containing mainte- improper parts or materials are used.
nance information and instructions, in (3) The method of performing re- whole or in part, in a format accept- quired inspections and a designation by able to the Administrator, that is re- occupational title of personnel author- trievable in the English language.
ized to perform each required inspec- tion.
§ 91.1429 CAMP: Required inspection (4) Procedures for the reinspection of personnel.
work performed under previous re- (a) No person who maintains an air- quired inspection findings (buy-back craft under a CAMP may use any per- procedures).
son to perform required inspections un- (5) Procedures, standards, and limits less the person performing the inspec- necessary for required inspections and tion is appropriately certificated, prop- acceptance or rejection of the items re- erly trained, qualified, and authorized quired to be inspected and for periodic to do so.
inspection and calibration of precision (b) No person may allow any person tools, measuring devices, and test to perform a required inspection un- equipment.
(6) Procedures to ensure that all re- less, at the time the work was per- quired inspections are performed. formed, the person performing that in- (7) Instructions to prevent any per- spection is under the supervision and son who performs any item of work control of the chief inspector.
from performing any required inspec- (c) No person may perform a required tion of that work. inspection if that person performed the (8) Instructions and procedures to item of work required to be inspected.
prevent any decision of an inspector re- (d) Each program manager must garding any required inspection from maintain, or must ensure that each 14 CFR Ch. I (1–1–25 Edition) § 91.1431 person with whom it arranges to per- § 91.1433 CAMP: Maintenance and pre- form required inspections maintains, a ventive maintenance training pro- gram.
current listing of persons who have been trained, qualified, and authorized Each program manager who main- to conduct required inspections. The tains program aircraft under a CAMP persons must be identified by name, oc- or a person performing maintenance or cupational title, and the inspections preventive maintenance functions for that they are authorized to perform.
it must have a training program to en- The program manager (or person with sure that each person (including in- whom it arranges to perform its re- spection personnel) who determines the quired inspections) must give written adequacy of work done is fully in- information to each person so author- formed about procedures and tech- ized, describing the extent of that per- niques and new equipment in use and is son’s responsibilities, authorities, and competent to perform that person’s du- inspectional limitations. The list must ties.
be made available for inspection by the § 91.1435 CAMP: Certificate require- Administrator upon request.
ments.
§ 91.1431 CAMP: Continuing analysis (a) Except for maintenance, preven- and surveillance.
tive maintenance, alterations, and re- quired inspections performed by repair (a) Each program manager who main- stations located outside the United tains program aircraft under a CAMP States certificated under the provi- must establish and maintain a system sions of part 145 of this chapter, each for the continuing analysis and surveil- person who is directly in charge of lance of the performance and effective- maintenance, preventive maintenance, ness of its inspection program and the or alterations for a CAMP, and each program covering other maintenance, person performing required inspections preventive maintenance, and alter- for a CAMP must hold an appropriate ations and for the correction of any de- airman certificate.
ficiency in those programs, regardless (b) For the purpose of this section, a of whether those programs are carried person ‘‘directly in charge’’ is each per- out by employees of the program man- son assigned to a position in which ager or by another person.
that person is responsible for the work (b) Whenever the Administrator finds of a shop or station that performs that the programs described in para- maintenance, preventive maintenance, graph (a) of this section does not con- alterations, or other functions affect- tain adequate procedures and standards ing airworthiness. A person who is di- to meet this part, the program man- rectly in charge need not physically ager must, after notification by the observe and direct each worker con- Administrator, make changes in those stantly but must be available for con- programs requested by the Adminis- sultation and decision on matters re- trator.
quiring instruction or decision from (c) A program manager may petition higher authority than that of the per- the Administrator to reconsider the son performing the work.
notice to make a change in a program.
The petition must be filed with the Ex- § 91.1437 CAMP: Authority to perform ecutive Director, Flight Standards and approve maintenance.
Service, within 30 days after the pro- A program manager who maintains gram manager receives the notice. Ex- program aircraft under a CAMP may cept in the case of an emergency re- employ maintenance personnel, or quiring immediate action in the inter- make arrangements with other persons est of safety, the filing of the petition to perform maintenance and preventive stays the notice pending a decision by maintenance as provided in its mainte- the Administrator.
nance manual. Unless properly certifi- cated, the program manager may not [Docket FAA–2001–10047, 68 FR 54561, Sept. 17, perform or approve maintenance for re- 2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] turn to service.
Federal Aviation Administration, DOT § 91.1443 (c) The program manager must make § 91.1439 CAMP: Maintenance record- ing requirements. all maintenance records required to be kept by this section available for in- (a) Each program manager who main- spection by the Administrator or any tains program aircraft under a CAMP representative of the National Trans- must keep (using the system specified portation Safety Board.
in the manual required in § 91.1427) the following records for the periods speci- § 91.1441 CAMP: Transfer of mainte- fied in paragraph (b) of this section: nance records.
(1) All the records necessary to show When a U.S.-registered fractional that all requirements for the issuance ownership program aircraft maintained of an airworthiness release under under a CAMP is removed from the list § 91.1443 have been met.
of program aircraft in the management (2) Records containing the following specifications, the program manager information: must transfer to the purchaser, at the (i) The total time in service of the time of the sale, the following records airframe, engine, propeller, and rotor.
of that aircraft, in plain language form (ii) The current status of life-limited or in coded form that provides for the parts of each airframe, engine, pro- preservation and retrieval of informa- peller, rotor, and appliance.
tion in a manner acceptable to the Ad- (iii) The time since last overhaul of ministrator: each item installed on the aircraft that (a) The records specified in are required to be overhauled on a § 91.1439(a)(2).
specified time basis.
(b) The records specified in (iv) The identification of the current § 91.1439(a)(1) that are not included in inspection status of the aircraft, in- the records covered by paragraph (a) of cluding the time since the last inspec- this section, except that the purchaser tions required by the inspection pro- may allow the program manager to gram under which the aircraft and its keep physical custody of such records.
appliances are maintained.
However, custody of records by the pro- (v) The current status of applicable gram manager does not relieve the pur- airworthiness directives, including the chaser of its responsibility under date and methods of compliance, and, § 91.1439(c) to make the records avail- if the airworthiness directive involves able for inspection by the Adminis- recurring action, the time and date trator or any representative of the Na- when the next action is required.
tional Transportation Safety Board.
(vi) A list of current major alter- ations and repairs to each airframe, en- § 91.1443 CAMP: Airworthiness release or aircraft maintenance log entry.
gine, propeller, rotor, and appliance.
(b) Each program manager must re- (a) No program aircraft maintained tain the records required to be kept by under a CAMP may be operated after this section for the following periods: maintenance, preventive maintenance, (1) Except for the records of the last or alterations are performed unless complete overhaul of each airframe, qualified, certificated personnel em- engine, propeller, rotor, and appliance ployed by the program manager pre- the records specified in paragraph (a)(1) pare, or cause the person with whom of this section must be retained until the program manager arranges for the the work is repeated or superseded by performance of the maintenance, pre- other work or for one year after the ventive maintenance, or alterations, to work is performed.
prepare— (2) The records of the last complete (1) An airworthiness release; or overhaul of each airframe, engine, pro- (2) An appropriate entry in the air- peller, rotor, and appliance must be re- craft maintenance log.
tained until the work is superseded by (b) The airworthiness release or log work of equivalent scope and detail. entry required by paragraph (a) of this (3) The records specified in paragraph section must— (a)(2) of this section must be retained (1) Be prepared in accordance with as specified unless transferred with the the procedure in the program man- aircraft at the time the aircraft is sold. ager’s manual; 14 CFR Ch. I (1–1–25 Edition) § 91.1501 (2) Include a certification that— § 91.1503 [Reserved] (i) The work was performed in ac- § 91.1505 Repairs assessment for pres- cordance with the requirements of the surized fuselages.
program manager’s manual; (ii) All items required to be inspected (a) No person may operate an Airbus Model A300 (excluding the -600 series), were inspected by an authorized person British Aerospace Model BAC 1–11, Boe- who determined that the work was sat- ing Model 707, 720, 727, 737 or 747, isfactorily completed; McDonnell Douglas Model DC–8, DC–9/ (iii) No known condition exists that MD–80 or DC–10, Fokker Model F28, or would make the aircraft unairworthy; Lockheed Model L–1011 airplane beyond (iv) So far as the work performed is applicable flight cycle implementation concerned, the aircraft is in condition time specified below, or May 25, 2001, for safe operation; and whichever occurs later, unless repair (3) Be signed by an authorized certifi- assessment guidelines applicable to the cated mechanic.
fuselage pressure boundary (fuselage (c) Notwithstanding paragraph (b)(3) skin, door skin, and bulkhead webs) are of this section, after maintenance, pre- incorporated within its inspection pro- ventive maintenance, or alterations gram. The repair assessment guidelines performed by a repair station certifi- must be approved by the responsible cated under the provisions of part 145 Aircraft Certification Service office for of this chapter, the approval for return the type certificate for the affected air- to service or log entry required by plane.
paragraph (a) of this section may be (1) For the Airbus Model A300 (ex- signed by a person authorized by that cluding the –600 series), the flight cycle repair station. implementation time is: (i) Model B2: 36,000 flights.
(d) Instead of restating each of the conditions of the certification required (ii) Model B4–100 (including Model B4–2C): 30,000 flights above the window by paragraph (b) of this section, the line, and 36,000 flights below the win- program manager may state in its dow line.
manual that the signature of an au- (iii) Model B4–200: 25,500 flights above thorized certificated mechanic or re- the window line, and 34,000 flights pairman constitutes that certification.
below the window line.
(2) For all models of the British Aero- Subpart L—Continued Airworthi- space BAC 1–11, the flight cycle imple- ness and Safety Improve- mentation time is 60,000 flights.
ments (3) For all models of the Boeing 707, the flight cycle implementation time is S OURCE : Amdt. 91–297, 72 FR 63410, Nov. 8, 15,000 flights.
2007, unless otherwise noted.
(4) For all models of the Boeing 720, the flight cycle implementation time is § 91.1501 Purpose and definition.
23,000 flights.
(5) For all models of the Boeing 727, (a) This subpart requires operators to the flight cycle implementation time is support the continued airworthiness of 45,000 flights.
each airplane. These requirements may (6) For all models of the Boeing 737, include, but are not limited to, revising the flight cycle implementation time is the inspection program, incorporating 60,000 flights.
design changes, and incorporating revi- (7) For all models of the Boeing 747, sions to Instructions for Continued the flight cycle implementation time is Airworthiness.
15,000 flights.
(b) [Reserved] (8) For all models of the McDonnell [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as Douglas DC–8, the flight cycle imple- amended by Docket FAA–2018–0119, Amdt. 91– mentation time is 30,000 flights.
350, 83 FR 9171, Mar. 5, 2018] (9) For all models of the McDonnell Douglas DC–9/MD–80, the flight cycle implementation time is 60,000 flights.
Federal Aviation Administration, DOT § 91.1603 (10) For all models of the McDonnell installed under supplemental type cer- Douglas DC–10, the flight cycle imple- tificates or other design approval) and mentation time is 30,000 flights. that have been approved by the respon- (11) For all models of the Lockheed sible Aircraft Certification Service Of- L–1011, the flight cycle implementation fice.
time is 27,000 flights.
(e) After December 16, 2008, before re- (12) For the Fokker F–28 Mark 1000, turning an airplane to service after any 2000, 3000, and 4000, the flight cycle im- alterations for which fuel tank ICA are plementation time is 60,000 flights.
developed under SFAR 88, or under (b) [Reserved] § 25.1529 in effect on June 6, 2001, the op- erator must include in the inspection [Docket 29104, 65 FR 24125, Apr. 25, 2000; 65 FR program for the airplane inspections 35703, June 5, 2000; 65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91–266, 66 FR 23130, and procedures for the fuel tank sys- May 7, 2001; Amdt. 91–277, 67 FR 72834, Dec. 9, tem based on those ICA.
2002; Amdt. 91–283, 69 FR 45941, July 30, 2004.
(f) The fuel tank system inspection Redesignated and amended by Amdt. 91–297, program changes identified in para- 72 FR 63410, Nov. 8, 2007; Docket FAA–2018– graphs (d) and (e) of this section and 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] any later fuel tank system revisions must be submitted to the Flight Stand- § 91.1507 Fuel tank system inspection ards office responsible for review and program.
approval.
(a) Except as provided in paragraph (g) This section does not apply to the (g) of this section, this section applies following airplane models: to transport category, turbine-powered (1) Bombardier CL–44 airplanes with a type certificate issued (2) Concorde after January 1, 1958, that, as a result (3) deHavilland D.H. 106 Comet 4C of original type certification or later (4) VFW-Vereinigte Flugtechnische increase in capacity, have— Werk VFW–614 (1) A maximum type-certificated pas- (5) Illyushin Aviation IL 96T senger capacity of 30 or more, or (6) Bristol Aircraft Britannia 305 (2) A maximum payload capacity of (7) Handley Page Herald Type 300 7,500 pounds or more.
(8) Avions Marcel Dassault—Breguet (b) For each airplane on which an Aviation Mercure 100C auxiliary fuel tank is installed under a (9) Airbus Caravelle field approval, before June 16, 2008, the (10) Lockheed L–300 operator must submit to the respon- sible Aircraft Certification Service Of- [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as fice proposed maintenance instructions amended by Docket FAA–2018–0119, Amdt. 91– 350, 83 FR 9172, Mar. 5, 2018] for the tank that meet the require- ments of Special Federal Aviation Reg- ulation No. 88 (SFAR 88) of this chap- Subpart M—Special Federal ter.
Aviation Regulations (c) After December 16, 2008, no oper- § 91.1603 Special Federal Aviation Reg- ator may operate an airplane identified ulation No. 112—Prohibition in paragraph (a) of this section unless Against Certain Flights in the Ter- the inspection program for that air- ritory and Airspace of Libya.
plane has been revised to include appli- cable inspections, procedures, and limi- (a) Applicability. This Special Federal tations for fuel tank systems. Aviation Regulation (SFAR) applies to (d) The proposed fuel tank system in- the following persons: spection program revisions specified in (1) All U.S. air carriers and U.S. com- paragraph (c) of this section must be mercial operators; based on fuel tank system Instructions (2) All persons exercising the privi- for Continued Airworthiness (ICA) that leges of an airman certificate issued by have been developed in accordance the FAA, except when such persons are with the applicable provisions of SFAR operating U.S.-registered aircraft for a 88 of this chapter or § 25.1529 and part foreign air carrier; and 25, Appendix H, of this chapter, in ef- (3) All operators of U.S.-registered fect on June 6, 2001 (including those de- civil aircraft, except when the operator veloped for auxiliary fuel tanks, if any, of such aircraft is a foreign air carrier.
Section 9
14 CFR Ch. I (1–1–25 Edition) § 91.1605 (b) Flight prohibition. Except as pro- § 91.1605 Special Federal Aviation Reg- vided in paragraphs (c) and (d) of this ulation No. 77—Prohibition Against section, no person described in para- Certain Flights in the Baghdad Flight Information Region (FIR) graph (a) of this section may conduct (ORBB).
flight operations in the territory and airspace of Libya.
(a) Applicability. This section applies (c) Permitted operations. This section to the following persons: does not prohibit persons described in (1) All U.S. air carriers and U.S. com- paragraph (a) of this section from con- mercial operators; ducting flight operations in the terri- (2) All persons exercising the privi- tory and airspace of Libya, provided leges of an airman certificate issued by that such flight operations occur under the FAA, except when such persons are a contract, grant, or cooperative agree- operating U.S.-registered aircraft for a ment with a department, agency, or in- foreign air carrier; and strumentality of the U.S. Government (3) All operators of civil aircraft reg- (or under a subcontract between the istered in the United States, except prime contractor of the department, when the operator of such aircraft is a agency, or instrumentality and the foreign air carrier.
person described in paragraph (a) of (b) Flight prohibition. Except as pro- this section), with the approval of the vided in paragraphs (c) and (d) of this FAA, or under an exemption issued by section, no person described in para- the FAA. The FAA will consider re- quests for approval or exemption in a graph (a) of this section may conduct timely manner, with the order of pref- flight operations in the Baghdad Flight erence being: First, for those oper- Information Region (FIR) (ORBB) at ations in support of U.S. Government- altitudes below Flight Level (FL) 320.
sponsored activities; second, for those (c) Permitted operations. This section operations in support of government- does not prohibit persons described in sponsored activities of a foreign coun- paragraph (a) of this section from con- try with the support of a U.S. Govern- ducting flight operations in the Bagh- ment department, agency, or instru- dad FIR (ORBB) at altitudes below mentality; and third, for all other oper- FL320, provided that such flight oper- ations.
ations occur under a contract, grant, (d) Emergency situations. In an emer- or cooperative agreement with a de- gency that requires immediate decision partment, agency, or instrumentality and action for the safety of the flight, of the U.S. Government (or under a the pilot in command of an aircraft subcontract between the prime con- may deviate from this section to the tractor of the department, agency, or extent required by that emergency. Ex- instrumentality, and the person de- cept for U.S. air carriers and commer- scribed in paragraph (a) of this section) cial operators that are subject to the with the approval of the FAA, or under requirements of 14 CFR part 119, 121, an exemption issued by the FAA. The 125, or 135, each person who deviates FAA will consider requests for ap- from this section must, within 10 days proval or exemption in a timely man- of the deviation, excluding Saturdays, ner, with the order of preference being: Sundays, and Federal holidays, submit first, for those operations in support of to the responsible Flight Standards Of- U.S. Government-sponsored activities; fice a complete report of the operations second, for those operations in support of the aircraft involved in the devi- of government-sponsored activities of a ation, including a description of the de- foreign country with the support of a viation and the reasons for it.
U.S. Government department, agency, (e) Expiration. This SFAR will remain or instrumentality; and third, for all in effect until March 20, 2025. The FAA other operations.
may amend, rescind, or extend this SFAR, as necessary. (d) Emergency situations. In an emer- gency that requires immediate decision [Docket No FAA–2011–0246, Amdt.91–321E, 85 and action for the safety of the flight, FR 45091, July 27, 2020, as amended by Docket the pilot in command of an aircraft FAA–2011–0246, Amdt. 91–321F, 88 FR 16878, Mar. 21, 2023] may deviate from this section to the Federal Aviation Administration, DOT § 91.1611 extent required by that emergency. Ex- instrumentality and the person de- cept for U.S. air carriers and commer- scribed in paragraph (a) of this section) cial operators that are subject to the with the approval of the FAA, or under requirements of part 119, 121, 125, or 135 an exemption issued by the FAA. The of this chapter, each person who devi- FAA will consider requests for ap- ates from this section must, within 10 proval or exemption in a timely man- days of the deviation, excluding Satur- ner, with the order of preference being: days, Sundays, and Federal holidays, First, for those operations in support submit to the responsible Flight Stand- of U.S. government-sponsored activi- ards office a complete report of the op- ties; second, for those operations in erations of the aircraft involved in the support of government-sponsored ac- deviation, including a description of tivities of a foreign country with the the deviation and the reasons for it.
support of a U.S. government depart- (e) Expiration. This SFAR will remain ment, agency, or instrumentality; and in effect until October 26, 2027. The third, for all other operations.
FAA may amend, rescind, or extend (d) Emergency situations. In an emer- this SFAR, as necessary.
gency that requires immediate decision and action for the safety of the flight, [Docket FAA–2018–0927, Amdt. 91–353A, 85 FR 65693, Oct. 16, 2020, as amended by Amdt. 91– the pilot in command of an aircraft 353B, 87 FR 57390, Sept. 20, 2022; Amdt. 91– may deviate from this section to the 353C, 89 FR 83427, Oct. 16, 2024] extent required by that emergency. Ex- cept for U.S. air carriers and commer- § 91.1607 [Reserved] cial operators that are subject to the requirements of 14 CFR part 119, 121, § 91.1609 Special Federal Aviation Reg- 125, or 135, each person who deviates ulation No. 114—Prohibition Against Certain Flights in the Da- from this section must, within 10 days mascus Flight Information Region of the deviation, excluding Saturdays, (FIR) (OSTT).
Sundays, and Federal holidays, submit to the responsible Flight Standards of- (a) Applicability. This section applies fice a complete report of the operations to the following persons: (1) All U.S. air carriers and U.S. com- of the aircraft involved in the devi- mercial operators; ation, including a description of the de- (2) All persons exercising the privi- viation and the reasons for it.
leges of an airman certificate issued by (e) Expiration. This SFAR will re- the FAA, except when such persons are main in effect until December 30, 2028.
operating U.S.-registered aircraft for a The FAA may amend, rescind, or ex- foreign air carrier; and tend this SFAR, as necessary.
(3) All operators of U.S.-registered [Docket FAA–2017–0768, Amdt. 91–348, 82 FR civil aircraft, except when the operator 40949, Aug. 29, 2017; Amdt. 91–348A, 82 FR of such aircraft is a foreign air carrier.
42592, Sept. 11, 2017, as amended by Amdt. 91– (b) Flight prohibition. Except as pro- 348B, 83 FR 63414, Dec. 10, 2018; Amdt. 91–348C, vided in paragraphs (c) and (d) of this 85 FR 75845, Nov. 27, 2020; Amdt. 91–348D, 88 section, no person described in para- FR 89300, Dec. 27, 2023] graph (a) of this section may conduct § 91.1611 Special Federal Aviation Reg- flight operations in the Damascus ulation No. 115—Prohibition Flight Information Region (FIR) Against Certain Flights in Specified (OSTT).
Areas of the Sanaa Flight Informa- (c) Permitted operations. This section tion Region (FIR) (OYSC).
does not prohibit persons described in (a) Applicability. This Special Federal paragraph (a) of this section from con- Aviation Regulation (SFAR) applies to ducting flight operations in the Damas- the following persons: cus Flight Information Region (FIR) (1) All U.S. air carriers and U.S. com- (OSTT), provided that such flight oper- mercial operators; ations are conducted under a contract, grant, or cooperative agreement with a (2) All persons exercising the privi- department, agency, or instrumen- leges of an airman certificate issued by tality of the U.S. government (or under the FAA, except when such persons are a subcontract between the prime con- operating U.S.-registered aircraft for a tractor of the department, agency, or foreign air carrier; and 14 CFR Ch. I (1–1–25 Edition) § 91.1613 (3) All operators of U.S.-registered PARIM (123200N 0432720E), and east of a civil aircraft, except when the operator line drawn direct from PARIM to of such aircraft is a foreign air carrier. RIBOK (154700N 0415230E) if such flight (b) Flight prohibition. Except as pro- operations are conducted under a con- vided in paragraphs (c) and (d) of this tract, grant, or cooperative agreement section, no person described in para- with a department, agency, or instru- graph (a) of this section may conduct mentality of the U.S. Government (or flight operations in the portion of the under a subcontract between the prime Sanaa Flight Information Region (FIR) contractor of the U.S. Government de- (OYSC) that is west of a line drawn di- partment, agency, or instrumentality rect from KAPET (163322N 0530614E) to and the person subject to paragraph NODMA (152603N 0533359E), northwest (a)), with the approval of the FAA, or of a line drawn direct from NODMA to under an exemption issued by the FAA.
IMPAG (140638N 0503924E) then from The FAA will consider requests for ap- IMPAG to TIMAD (115500N 0463500E), proval or exemption in a timely man- north of a line drawn direct from ner, with the order of preference being: TIMAD to PARIM (123200N 0432720E), First, for those operations in support and east of a line drawn direct from of U.S. Government-sponsored activi- PARIM to RIBOK (154700N 0415230E). ties; second, for those operations in Use of jet route UN303 is not author- support of government-sponsored ac- ized. tivities of a foreign country with the (c) Permitted operations. This section support of a U.S. government depart- does not prohibit persons described in ment, agency, or instrumentality; and paragraph (a) of this section from con- third, for all other operations.
ducting flight operations in the Sanaa (d) Emergency situations. In an emer- FIR (OYSC) under the following cir- gency that requires immediate decision cumstances: and action for the safety of the flight, (1) Permitted operations that do not re- the pilot in command of an aircraft quire an approval or exemption from the may deviate from this section to the FAA. Flight operations may be con- extent required by that emergency. Ex- ducted in the Sanaa FIR (OYSC) in cept for U.S. air carriers and commer- that airspace east of a line drawn di- cial operators that are subject to the rect from KAPET (163322N 0530614E) to requirements of 14 CFR part 119, 121, NODMA (152603N 0533359E), southeast of 125, or 135, each person who deviates a line drawn direct from NODMA to from this section must, within 10 days IMPAG (140638N 0503924E) then from of the deviation, excluding Saturdays, IMPAG to TIMAD (115500N 0463500E), Sundays, and Federal holidays, submit south of a line drawn direct from to the responsible Flight Standards of- TIMAD to PARIM (123200N 0432720E), fice a complete report of the operations and west of a line drawn direct from of the aircraft involved in the devi- PARIM to RIBOK (154700N 0415230E). ation, including a description of the de- Use of jet routes UT702 and M999 are viation and the reasons for it.
authorized. All flight operations con- (e) Expiration. This SFAR will remain ducted under this subparagraph must in effect until January 7, 2028. The FAA be conducted subject to the approval may amend, rescind, or extend this of, and in accordance with the condi- SFAR, as necessary.
tions established by, the appropriate [Amdt. 91–340B, 84 FR 67665, Dec. 11, 2019, as authorities of Yemen.
amended by Amdt. 91–340C, 86 FR 69173, Dec.
(2) Operations permitted under an ap- 7, 2021; Docket FAA–2015–8672; Amdt. 91–340D, proval or exemption issued by the FAA.
88 FR 65320, Sept. 22, 2023; Amdt. 91–340E, 89 Flight operations may be conducted in FR 106307, Dec. 30, 2024] the Sanaa FIR (OYSC) in that airspace west of a line drawn direct from § 91.1613 Special Federal Aviation Reg- ulation No. 107—Prohibition KAPET (163322N 0530614E) to NODMA Against Certain Flights in the Ter- (152603N 0533359E), northwest of a line ritory and Airspace of Somalia.
drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to (a) Applicability. This Special Federal TIMAD (115500N 0463500E), north of a Aviation Regulation (SFAR) applies to line drawn direct from TIMAD to the following persons: Federal Aviation Administration, DOT § 91.1613 (1) All U.S. air carriers and U.S. com- (i) Receives any necessary approval mercial operators; from the appropriate authorities of (2) All persons exercising the privi- Djibouti; leges of an airman certificate issued by (ii) Conducts operations that comply the FAA, except when such persons are with applicable conditions established operating U.S.-registered aircraft for a by the appropriate authorities of foreign air carrier; and Djibouti and air traffic control instruc- (3) All operators of U.S.-registered tions; and civil aircraft, except when the operator (iii) Is either on a published instru- of such aircraft is a foreign air carrier.
ment procedure or under the direction (b) Flight prohibition. Except as pro- of air traffic control.
vided in paragraphs (c) and (d) of this (4) Flight operations may be con- section, no person described in para- ducted in the territory and airspace of graph (a) of this section may conduct Somalia at altitudes below FL260 if flight operations in the territory and such flight operations are conducted airspace of Somalia at altitudes below under a contract, grant, or cooperative Flight Level (FL) 260.
agreement with a department, agency, (c) Permitted operations. This section or instrumentality of the U.S. Govern- does not prohibit persons described in ment (or under a subcontract between paragraph (a) of this section from con- the prime contractor of the U.S. Gov- ducting flight operations in the terri- ernment department, agency, or in- tory and airspace of Somalia under the strumentality and the person described following circumstances: in paragraph (a) of this section) with (1) Overflights of Somalia may be the approval of the FAA or under an conducted at altitudes at or above exemption issued by the FAA. The FL260 subject to the approval of, and in FAA will consider requests for ap- accordance with the conditions estab- proval or exemption in a timely man- lished by, the appropriate authorities ner, with the order of preference being: of Somalia.
First, for those operations in support (2) Aircraft departing from Djibouti of U.S. Government-sponsored activi- Ambouli International Airport (Inter- ties; second, for those operations in national Civil Aviation Organization support of government-sponsored ac- (ICAO) code: HDAM) may operate tivities of a foreign country with the overwater in the territory and airspace support of a U.S. Government depart- of Somalia at altitudes below FL260 only to the extent necessary to permit ment, agency, or instrumentality; and a climb during takeoff if the operator third, for all other operations.
of that aircraft: (d) Emergency situations. In an emer- (i) Receives any necessary approval gency that requires immediate decision from the appropriate authorities of and action for the safety of the flight, Djibouti; the pilot in command of an aircraft (ii) Conducts operations that comply may deviate from this section to the with applicable conditions established extent required by that emergency. Ex- by the appropriate authorities of cept for U.S. air carriers and commer- Djibouti and air traffic control instruc- cial operators that are subject to the tions; and requirements of 14 CFR part 119, 121, (iii) Is either on a published instru- 125, or 135, each person who deviates ment procedure or under the direction from this section must, within 10 days of air traffic control.
of the deviation, excluding Saturdays, (3) Aircraft descending into Djibouti Sundays, and Federal holidays, submit Ambouli International Airport (HDAM) to the responsible Flight Standards of- may operate overwater at altitudes fice a complete report of the operations below FL260 in the territory and air- of the aircraft involved in the devi- space of Somalia only to the extent ation, including a description of the de- necessary to permit descent for landing viation and the reasons for it.
at Djibouti Ambouli International Air- (e) Expiration. This SFAR will remain port (HDAM), if the operator of that in effect until January 7, 2027. The FAA aircraft: 14 CFR Ch. I (1–1–25 Edition) § 91.1615 may amend, rescind, or extend this ment, agency, or instrumentality; and SFAR, as necessary. third, for all other operations.
(d) Emergency situations. In an emer- [Docket FAA–2007–27602, Amdt.91–339, 81 FR gency that requires immediate decision 726, Jan. 7, 2016, as amended by Amdt. 91– and action for the safety of the flight, 339A, 82 FR 58550, Dec. 13, 2017; Docket FAA– 2018–0119, Amdt. 91–350, 83 FR 9172, Mar. 5, the pilot in command of an aircraft 2018; Amdt. 91–339B, 84 FR 67671, Dec. 11, 2019; may deviate from this section to the Docket FAA–2007–27602, Amdt. 91–339C, 87 FR extent required by that emergency. Ex- 79245, Dec. 27, 2022] cept for U.S. air carriers and commer- cial operators that are subject to the § 91.1615 Special Federal Aviation Reg- requirements of 14 CFR part 119, 121, ulation No. 79—Prohibition Against 125, or 135, each person who deviates Certain Flights in the Pyongyang from this section must, within 10 days Flight Information Region (FIR) (ZKKP).
of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit (a) Applicability. This Special Federal to the responsible Flight Standards Of- Aviation Regulation (SFAR) applies to fice a complete report of the operations the following persons: of the aircraft involved in the devi- (1) All U.S. air carriers and U.S. com- ation, including a description of the de- mercial operators; viation and the reasons for it.
(2) All persons exercising the privi- leges of an airman certificate issued by (e) Expiration. This SFAR will remain the FAA, except when such persons are in effect until September 18, 2028. The operating U.S.-registered aircraft for a FAA may amend, rescind, or extend foreign air carrier; and this SFAR, as necessary.
(3) All operators of U.S.-registered [Docket FAA–2018–0838, Amdt. 91–352, 83 FR civil aircraft, except when the operator 47064, Sept. 18, 2018, as amended by Amdt. 91– of such aircraft is a foreign air carrier.
352A, 85 FR 55377, Sept. 8, 2020; Docket FAA– (b) Flight prohibition. Except as pro- 2018–0838, Amdt. 91–352B, 88 FR 63525, Sept.
vided in paragraphs (c) and (d) of this 15, 2023] section, no person described in para- § 91.1617 Special Federal Aviation Reg- graph (a) of this section may conduct ulation No. 117—Prohibition flight operations in the Pyongyang Against Certain Flights in the Flight Information Region (FIR) Tehran Flight Information Region (ZKKP).
(FIR) (OIIX).
(c) Permitted operations. This section (a) Applicability. This Special Federal does not prohibit persons described in Aviation Regulation (SFAR) applies to paragraph (a) of this section from con- the following persons: ducting flight operations in the (1) All U.S. air carriers and U.S. com- Pyongyang Flight Information Region mercial operators; (FIR) (ZKKP), provided that such flight (2) All persons exercising the privi- operations are conducted under a con- leges of an airman certificate issued by tract, grant, or cooperative agreement the FAA, except when such persons are with a department, agency, or instru- operating U.S.-registered aircraft for a mentality of the U.S. government (or foreign air carrier; and under a subcontract between the prime (3) All operators of U.S.-registered contractor of the department, agency, civil aircraft, except when the operator or instrumentality and the person de- of such aircraft is a foreign air carrier.
scribed in paragraph (a) of this section) with the approval of the FAA, or under (b) Flight prohibition. Except as pro- an exemption issued by the FAA. The vided in paragraphs (c) and (d) of this FAA will consider requests for ap- section, no person described in para- proval or exemption in a timely man- graph (a) of this section may conduct ner, with the order of preference being: flight operations in the Tehran Flight First, for those operations in support Information Region (FIR) (OIIX).
of U.S. government-sponsored activi- (c) Permitted operations. This section ties; second, for those operations in does not prohibit persons described in support of government-sponsored ac- paragraph (a) of this section from con- tivities of a foreign country with the ducting flight operations in the Tehran support of a U.S. Government depart- FIR (OIIX), provided that such flight Federal Aviation Administration, DOT § 91.1619 operations are conducted under a con- (2) All persons exercising the privi- tract, grant, or cooperative agreement leges of an airman certificate issued by with a department, agency, or instru- the FAA, except when such persons are operating U.S.-registered aircraft for a mentality of the U.S. Government (or foreign air carrier; and under a subcontract between the prime (3) All operators of U.S.-registered contractor of the department, agency, civil aircraft, except when the operator or instrumentality and the person de- of such aircraft is a foreign air carrier.
scribed in paragraph (a) of this section) (b) Flight prohibition. Except as pro- with the approval of the FAA, or under vided in paragraphs (c) and (d) of this an exemption issued by the FAA. The section, no person described in para- FAA will consider requests for ap- graph (a) of this section may conduct proval or exemption in a timely man- flight operations in the Kabul Flight ner, with the order of preference being: Information Region (FIR) (OAKX).
First, for those operations in support (c) Permitted operations. This section of U.S. Government-sponsored activi- does not prohibit persons described in ties; second, for those operations in paragraph (a) of this section from con- support of government-sponsored ac- ducting flight operations in the Kabul tivities of a foreign country with the Flight Information Region (FIR) support of a U.S. Government depart- (OAKX) under the following cir- ment, agency, or instrumentality; and cumstances: third, for all other operations.
(1) Permitted operations that do not re- (d) Emergency situations. In an emer- quire an approval or exemption from the gency that requires immediate decision FAA. (i) Overflights of the Kabul Flight and action for the safety of the flight, Information Region (FIR) (OAKX) may the pilot in command of an aircraft be conducted at altitudes at and above may deviate from this section to the Flight Level (FL) 320, subject to the extent required by that emergency. Ex- approval of, and in accordance with the cept for U.S. air carriers and commer- conditions established by, the appro- cial operators that are subject to the priate authorities of Afghanistan.
requirements of 14 CFR parts 119, 121, (ii) Transiting overflights of the 125, or 135, each person who deviates Kabul Flight Information Region (FIR) from this section must, within 10 days (OAKX) may be conducted on jet routes of the deviation, excluding Saturdays, P500–G500 at altitudes at and above Sundays, and Federal holidays, submit FL300, subject to the approval of, and to the responsible Flight Standards Of- in accordance with the conditions es- fice a complete report of the operations tablished by, the appropriate authori- of the aircraft involved in the devi- ties of Afghanistan.
ation, including a description of the de- (2) Operations permitted under an ap- viation and the reasons for it.
proval or exemption issued by the FAA.
(e) Expiration. This SFAR will remain Flight operations may be conducted in in effect until October 31, 2027. The the Kabul Flight Information Region FAA may amend, rescind, or extend (FIR) (OAKX) at altitudes below FL320, this SFAR as necessary.
provided that such flight operations occur under a contract, grant, or coop- [Docket FAA–2020–0874, Amdt. 91–359, 85 FR erative agreement with a department, 68440, Oct. 29, 2020, as amended by Amdt. 91– agency, or instrumentality of the U.S.
359A, 87 FR 57384, Sept. 20, 2022; Amdt. 91– 359B, 89 FR 80390, Oct. 3, 2024] Government (or under a subcontract between the prime contractor of the § 91.1619 Special Federal Aviation Reg- U.S. Government department, agency, ulation No. 119—Prohibition or instrumentality and the person de- Against Certain Flights in the scribed in paragraph (a) of this section) Kabul Flight Information Region with the approval of the FAA or under (FIR) (OAKX).
an exemption issued by the FAA. The (a) Applicability. This Special Federal FAA will consider requests for ap- Aviation Regulation (SFAR) applies to proval or exemption in a timely man- the following persons: ner, with the order of preference being: (1) All U.S. air carriers and U.S. com- first, for those operations in support of mercial operators; U.S. Government-sponsored activities; 14 CFR Ch. I (1–1–25 Edition) § 91.1701 second, for those operations in support dition to the requirements of parts 61, of government-sponsored activities of a 91, and 135 of this chapter.
foreign country with the support of a § 91.1703 Compliance and eligibility.
U.S. Government department, agency, or instrumentality; and third, for all (a) Except as provided in paragraph other operations.
(b) of this section, no person may ma- (d) Emergency situations. In an emer- nipulate the controls, act as PIC, act gency that requires immediate decision as second-in-command, or provide pilot and action for the safety of the flight, training for a Mitsubishi MU–2B series the pilot in command of an aircraft airplane unless that person meets the may deviate from this section to the requirements of this subpart.
extent required by that emergency. Ex- (b) A person who does not meet the cept for U.S. air carriers and commer- requirements of this subpart may ma- cial operators that are subject to the nipulate the controls of a Mitsubishi requirements of 14 CFR part 119, 121, MU–2B series airplane if a pilot in com- 125, or 135, each person who deviates mand who meets the requirements of from this section must, within 10 days this subpart is occupying a pilot sta- of the deviation, excluding Saturdays, tion, no passengers or cargo are carried Sundays, and Federal holidays, submit on board the airplane, and the flight is to the responsible Flight Standards Of- being conducted for one of the fol- fice a complete report of the operations lowing reasons— of the aircraft involved in the devi- (1) The pilot in command is providing ation, including a description of the de- pilot training to the manipulator of viation and the reasons for it.
the controls; (e) Expiration. This SFAR will remain (2) The pilot in command is con- in effect until July 25, 2025. The FAA ducting a maintenance test flight with may amend, rescind, or extend this a second pilot or certificated mechanic; SFAR as necessary. or (3) The pilot in command is con- [Docket FAA–2023–1415, Amdt. 91–369, 88 FR ducting simulated instrument flight 47771, July 25, 2023, as amended by Amdt. 91– and is using a safety pilot other than 369A, 89 FR 55507, July 5, 2024] the pilot in command who manipulates the controls for the purposes of Subpart N—Mitsubishi MU–2B Se- § 91.109(b).
ries Special Training, Experi- (c) A person is required to complete ence, and Operating Require- Initial/transition training if that person ments has fewer than— (1) 50 hours of documented flight time manipulating the controls while S OURCE : Docket FAA–2006–24981, Amdt. 91– 344, 81 FR 61591, Sept. 7, 2016, unless other- serving as pilot in command of a wise noted.
Mitsubishi MU–2B series airplane in the preceding 24 months; or § 91.1701 Applicability.
(2) 500 hours of documented flight (a) On and after November 7, 2016, all time manipulating the controls while training conducted in an MU–2B must serving as pilot in command of a follow an approved MU–2B training Mitsubishi MU–2B series airplane.
program that meets the standards of (d) A person is eligible to receive Re- this subpart. qualification training in lieu of Initial/ (b) This subpart applies to all persons transition training if that person has who operate a Mitsubishi MU–2B series at least— airplane, including those who act as (1) 50 hours of documented flight pilot in command, act as second-in- time manipulating the controls while command, or other persons who manip- serving as pilot in command of a ulate the controls while under the su- Mitsubishi MU–2B series airplane in pervision of a pilot in command. the preceding 24 months; or (c) This subpart also applies to those (2) 500 hours of documented flight persons who provide pilot training for a time manipulating the controls while Mitsubishi MU–2B series airplane. The serving as pilot in command of a requirements in this subpart are in ad- Mitsubishi MU–2B series airplane.
Federal Aviation Administration, DOT § 91.1705 (e) A person is required to complete (c) Satisfactory completion of the Recurrent training within the preceding competency check required by § 135.293 12 months. Successful completion of of this chapter within the preceding 12 Initial/transition or Requalification calendar months may not be sub- training within the preceding 12 stituted for the Mitsubishi MU–2B se- months satisfies the requirement of ries airplane annual recurrent flight Recurrent training. A person must suc- training of this section.
cessfully complete Initial/transition (d) Satisfactory completion of a Fed- training or Requalification training be- eral Aviation Administration spon- fore being eligible to receive Recurrent sored pilot proficiency program, as de- training.
scribed in § 61.56(e) of this chapter may (f) Successful completion of Initial/ not be substituted for the Mitsubishi transition training or Requalification MU–2B series airplane annual recurrent training is a one-time requirement. A flight training of this section.
person may elect to retake Initial/tran- (e) If a person complies with the re- sition training or Requalification quirements of paragraph (a) or (b) of training in lieu of Recurrent training.
this section in the calendar month be- (g) A person is required to complete fore or the calendar month after the Differences training in accordance with month in which compliance with these an FAA approved MU–2B training pro- paragraphs are required, that person is gram if that person operates more than considered to have accomplished the one MU–2B model as specified in training requirement in the month the § 91.1707(c).
training is due.
(f) The endorsement required under § 91.1705 Required pilot training.
paragraph (a) and (b) of this section (a) Except as provided in § 91.1703(b), must be made by— no person may manipulate the con- (1) A certificated flight instructor or trols, act as pilot in command, or act a simulator instructor authorized by a as second-in-command of a Mitsubishi Training Center certificated under part MU–2B series airplane for the purpose 142 of this chapter and meeting the of flight unless— qualifications of § 91.1713; or (1) The requirements for ground and (2) For persons operating the flight training on Initial/transition, Mitsubishi MU–2B series airplane for a Requalification, Recurrent, and Dif- 14 CFR part 119 certificate holder with- ferences training have been completed in the last 12 calendar months, the part in accordance with an FAA approved 119 certificate holder’s flight instructor MU–2B training program that meets if authorized by the FAA and if that the standards of this subpart; and flight instructor meets the require- (2) That person’s logbook has been ments of § 91.1713.
endorsed in accordance with paragraph (g) All training conducted for a (f) of this section. Mitsubishi MU–2B series airplane must (b) Except as provided in § 91.1703(b), be completed in accordance with an no person may manipulate the con- MU–2B series airplane checklist that trols, act as pilot in command, or act has been accepted by the Federal Avia- as second-in-command, of a Mitsubishi tion Administration’s MU–2B Flight MU–2B series airplane for the purpose Standardization Board or the applica- of flight unless— ble MU–2B series checklist (incor- porated by reference, see § 91.1721).
(1) That person satisfactorily com- pletes, if applicable, annual Recurrent (h) MU–2B training programs must pilot training on the Special Emphasis contain ground training and flight Items, and all items listed in the Train- training sufficient to ensure pilot pro- ing Course Final Phase Check in accord- ficiency for the safe operation of MU– ance with an FAA approved MU–2B 2B aircraft, including: training program that meets the stand- (1) A ground training curriculum suf- ards of this subpart; and ficient to ensure pilot knowledge of (2) That person’s logbook has been MU–2B aircraft, aircraft systems, and endorsed in accordance with paragraph procedures, necessary for safe oper- (f) of this section. ation; and 14 CFR Ch. I (1–1–25 Edition) § 91.1705 (2) Flight training curriculum includ- (xxv) Non-precision and missed ap- ing flight training maneuver profiles proach; sufficient in number and detail to en- (xxvi) Non-precision continuous de- sure pilot proficiency in all MU–2B op- scent final approach and missed ap- erations for each MU–2B model in cor- proach; relation with MU–2B limitations, pro- (xxvii) One engine inoperative non- cedures, aircraft performance, and MU– precision and missed approach; 2B Cockpit Checklist procedures appli- (xxviii) One engine inoperative non- cable to the MU–2B model being precision CDFA and missed approach; trained. A MU–2B training program (xxix) Circling approach at weather must contain, at a minimum, the fol- minimums; lowing flight training maneuver pro- (xxx) One engine inoperative circling files applicable to the MU–2B model approach at weather minimums.
being trained: (3) Flight training must include a (i) Normal takeoff with 5- and 20- de- final phase check sufficient to docu- grees flaps; ment pilot proficiency in the flight (ii) Takeoff engine failure with 5- and training maneuver profiles at the com- 20- degrees flaps; pletion of training; and (iii) Takeoff engine failure on runway (4) Differences training for applicable or rejected takeoff; MU–2B model variants sufficient to en- (iv) Takeoff engine failure after lift- sure pilot proficiency in each model op- off—unable to climb (may be completed erated. Current MU–2B differences re- in classroom or flight training device quirements are specified in § 91.1707(c).
only); A person must complete Differences (v) Steep turns; training if a person operates more than (vi) Slow flight maneuvers; one MU–2B model as specified in (vii) One engine inoperative maneu- § 91.1707(c). Differences training be- vering with loss of directional control; tween the factory type design K and M (viii) Approach to stall in clean con- models of the MU–2B airplane, and the figuration and with wings level; factory type design J and L models of (ix) Approach to stall in takeoff con- the MU–2B airplane, may be accom- figuration with 15- to 30- degrees bank; plished with Level A training. All (x) Approach to stall in landing con- other factory type design differences figuration with gear down and 40-de- training must be accomplished with grees of flaps; Level B training unless otherwise spec- (xi) Accelerated stall with no flaps; ified in § 91.1707(c) . A Level A or B dif- (xii) Emergency descent at low speed; ferences training is not a recurring an- (xiii) Emergency descent at high nual requirement. Once a person has speed; completed Initial Level A or B Dif- (xiv) Unusual attitude recovery with ferences training between the applica- the nose high; ble different models, no additional dif- (xv) Unusual attitude recovery with ferences training between those models the nose low; is required.
(xvi) Normal landing with 20- and 40- (5) Icing training sufficient to ensure degrees flaps; pilot knowledge and safe operation of (xvii) Go around and rejected land- the MU–2B aircraft in icing conditions ing; as established by the FAA; (xviii) No flap or 5- degrees flaps (6) Ground and flight training pro- landing; grams must include training hours (xix) One engine inoperative landing identified by § 91.1707(a) for ground in- with 5- and 20- degrees flaps; struction, § 91.1707(b) for flight instruc- (xx) Crosswind landing; tion, and § 91.1707(c) for differences (xxi) Instrument landing system training.
(ILS) and missed approach ; (i) No training credit is given for sec- (xxii) Two engine missed approach; ond-in-command training and no credit (xxiii) One engine inoperative ILS is given for right seat time under this and missed approach; program. Only the sole manipulator of (xxiv) One engine inoperative missed the controls of the MU–2B airplane, approach; flight training device, or Level C or D Federal Aviation Administration, DOT § 91.1713 simulator can receive training credit Initial/transition Requalification Recurrent under this program; 20 hours ............... 12 hours ............... 8 hours.
(ii) An MU–2B airplane must be oper- ated in accordance with an FAA ap- (b) Flight instruction hours are listed proved MU–2B training program that in the following table: meets the standards of this subpart and the training hours in § 91.1707.
Initial/transition Requalification Recurrent (7) Endorsements given for compli- ance with paragraph (f) of this section 12 hours with a 8 hours level C or 4 hours at level E, minimum of 6 level E. or 6 hours at must be appropriate to the content of hours at level E. level C.
that specific MU–2B training program’s compliance with standards of this sub- (c) Differences training hours are part.
listed in the following table: § 91.1707 Training program hours.
(a) Ground instruction hours are list- ed in the following table: 2 factory type design models concurrently ...................... 1.5 hours required at level B.
More than 2 factory type design models concurrently .... 3 hours at level B.
Each additional factory type design model added sepa- 1.5 hours at level B.
rately.
(d) Definitions of levels of training as (c) The Administrator may require used in this subpart: revision of an approved MU–2B training (1) LEVEL A Training—Training that program at any time.
is conducted through self-instruction (d) A training provider must present by the pilot.
its approved training program and FAA (2) LEVEL B Training—Training that approval documentation to any rep- is conducted in the classroom environ- resentative of the Administrator, upon ment with the aid of a qualified in- request.
structor who meets the requirements of this subpart. § 91.1711 Aeronautical experience.
(3) LEVEL C Training—Training that No person may act as a pilot in com- is accomplished in an FAA-approved mand of a Mitsubishi MU–2B series air- Level 5 or 6 flight training device. In plane for the purpose of flight unless addition to the basic FTD require- that person holds an airplane category ments, the FTD must be representative and multi-engine land class rating, and of the MU–2B cockpit controls and be has logged a minimum of 100 flight specifically approved by the FAA for hours of PIC time in multi-engine air- the MU–2B airplane.
planes.
(4) Level E Training—Training that must be accomplished in the MU–2B § 91.1713 Instruction, checking, and airplane, Level C simulator, or Level D evaluation.
simulator.
(a) Flight Instructor (Airplane). No § 91.1709 Training program approval. flight instructor may provide instruc- tion or conduct a flight review in a To obtain approval for an MU–2B Mitsubishi MU–2B series airplane un- training program, training providers less that flight instructor must submit a proposed training pro- (1) Meets the pilot training and docu- gram to the Administrator.
mentation requirements of § 91.1705 be- (a) Only training programs approved fore giving flight instruction in the by the Administrator may be used to Mitsubishi MU–2B series airplane; satisfy the standards of this subpart.
(2) Meets the currency requirements (b) For part 91 training providers, of §§ 91.1715(a) and 91.1715(c) training programs will be approved for 24 months, unless sooner superseded or (3) Has a minimum total pilot time of rescinded. 2,000 pilot-in-command hours and 800 14 CFR Ch. I (1–1–25 Edition) § 91.1715 pilot-in-command hours in multiengine ing in the Mitsubishi MU–2B series air- airplanes; and plane in accordance with § 91.1705; (4) Has: (2) For checking conducted in the Mitsubishi MU–2B series airplane, each (i) 300 pilot-in-command hours in the designated pilot examiner and check Mitsubishi MU–2B series airplane, 50 airman must have 100 hours pilot-in- hours of which must have been within command flight time in the Mitsubishi the preceding 12 months; or MU–2B series airplane and maintain (ii) 100 pilot-in-command hours in the currency in accordance with § 91.1715.
Mitsubishi MU–2B series airplane, 25 hours of which must have been within § 91.1715 Currency requirements and the preceding 12 months, and 300 hours flight review.
providing instruction in a FAA-ap- proved Mitsubishi MU–2B simulator or (a) The takeoff and landing currency FAA-approved Mitsubishi MU–2B flight requirements of § 61.57 of this chapter training device, 25 hours of which must must be maintained in the Mitsubishi have been within the preceding 12 MU–2B series airplane. Takeoff and months.
landings in other multiengine air- (b) Flight Instructor (Simulator/Flight planes do not meet the takeoff and Training Device). No flight instructor landing currency requirements for the may provide instruction for the Mitsubishi MU–2B series plane. Takeoff Mitsubishi MU–2B series airplane un- and landings in either the short-body less that instructor meets the require- or long-body Mitsubishi MU–2B model ments of this paragraph— airplane may be credited toward take- (1) Each flight instructor who pro- off and landing currency for both vides flight training for the Mitsubishi Mitsubishi MU–2B model groups.
MU–2B series airplane must meet the (b) Instrument experience obtained in pilot training and documentation re- other category and class of aircraft quirements of § 91.1705 before giving may be used to satisfy the instrument flight instruction for the Mitsubishi currency requirements of § 61.57 of this MU–2B series airplane; chapter for the Mitsubishi MU–2B se- (2) Each flight instructor who pro- ries airplane.
vides flight training for the Mitsubishi (c) Satisfactory completion of a MU–2B series airplane must meet the flight review to satisfy the require- currency requirements of § 91.1715(c) be- ments of § 61.56 of this chapter is valid fore giving flight instruction for the for operation of a Mitsubishi MU–2B se- Mitsubishi MU–2B series airplane; ries airplane only if that flight review (3) Each flight instructor who pro- is conducted in a Mitsubishi MU–2B se- vides flight training for the Mitsubishi ries airplane or an MU–2B Simulator MU–2B series airplane must have: approved for landings with an approved (i) A minimum total pilot time of course conducted under part 142 of this 2000 pilot–in-command hours and 800 chapter. The flight review for pilot-in-command hours in multiengine Mitsubishi MU–2B series airplanes airplanes; and must include the Special Emphasis (ii) Within the preceding 12 months, Items, and all items listed in the Train- either 50 hours of Mitsubishi MU–2B se- ing Course Final Phase Check in accord- ries airplane pilot-in-command experi- ance with an approved MU–2B Training ence or 50 hours providing simulator or Program.
flight training device instruction for (d) A person who successfully com- the Mitsubishi MU–2B.
pletes the Initial/transition, Requali- (c) Checking and evaluation. No person fication, or Recurrent training require- may provide checking or evaluation for ments under § 91.1705 of this chapter the Mitsubishi MU–2B series airplane also meet the requirements of § 61.56 of unless that person meets the require- this chapter and need not accomplish a ments of this paragraph— separate flight review provided that at (1) For the purpose of checking, des- least 1 hour of the flight training was ignated pilot examiners, training cen- conducted in the Mitsubishi MU–2B se- ter evaluators, and check airmen must ries airplane or an MU–2B Simulator have completed the appropriate train- approved for landings with an approved
Section 10
Federal Aviation Administration, DOT § 91.1721
course conducted under part 142 of this compliant with SFAR No. 108, Section chapter. 3 of this part, is considered to be com- pliant with this subpart, if the student [Docket FAA–2006–24981, Amdt. 91–344, 81 FR met the eligibility requirements for 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR the applicable category of training and 21472, May 9, 2017] the student’s instructor met the expe- § 91.1717 Operating requirements.
rience requirements of this subpart.
(a) Except as provided in paragraph § 91.1721 Incorporation by reference.
(b) of this section, no person may oper- ate a Mitsubishi MU–2B airplane in sin- (a) The Mitsubishi Heavy Industries gle pilot operations unless that air- MU–2B Cockpit Checklists are incor- plane has a functional autopilot.
porated by reference into this part. The (b) A person may operate a Director of the Federal Register ap- Mitsubishi MU–2B airplane in single proved this incorporation by reference pilot operations without a functional in accordance with 5 U.S.C. 552(a) and 1 autopilot when— CFR part 51. All approved material is (1) Operating under day visual flight available for inspection at U.S. Depart- rule requirements; or ment of Transportation, Docket Man- (2) Authorized under a FAA approved agement Facility, Room W 12–140, West minimum equipment list for that air- Building Ground Floor, 1200 New Jer- plane, operating under instrument sey Ave. SE., Washington, DC 20590– flight rule requirements in daytime 0001, or at the National Archives and visual meteorological conditions.
Records Administration, call 202–741– (c) No person may operate a 6030, or go to: http://www.archives.gov/ Mitsubishi MU–2B series airplane un- federal _ register/ less a copy of the appropriate code _ of _ federal _ regulations/ Mitsubishi Heavy Industries MU–2B ibr _ locations.html.
Airplane Flight Manual is carried on (b) Mitsubishi Heavy Industries board the airplane and is accessible America, Inc., 4951 Airport Parkway, during each flight at the pilot station.
Suite 530, Addison, TX 75001.
(d) No person may operate a (1) Mitsubishi Heavy Industries MU– Mitsubishi MU–2B series airplane un- 2B Checklists: less an MU–2B series airplane check- (i) Cockpit Checklist, Model MU–2B– list, appropriate for the model being 60, Type Certificate A10SW, MHI Docu- operated and accepted by the Federal ment No. YET06220C, accepted by FSB Aviation Administration MU–2B Flight on February 12, 2007.
Standardization Board, is accessible for (ii) Cockpit Checklist, Model MU–2B– each flight at the pilot station and is 40, Type Certificate A10SW, MHI Docu- used by the flight crewmembers when ment No. YET06256A, accepted by FSB operating the airplane.
on February 12, 2007.
(e) No person may operate a (iii) Cockpit Checklist, Model MU– Mitsubishi MU–2B series airplane con- 2B–36A, Type Certificate A10SW, MHI trary to the standards of this subpart.
Document No. YET06257B, accepted by (f) If there are any differences be- FSB on February 12, 2007.
tween the training and operating re- (iv) Cockpit Checklist, Model MU–2B– quirements of this subpart and the 36, Type Certificate A2PC, MHI Docu- MU–2B Airplane Flight Manual’s proce- ment No. YET06252B, accepted by FSB dures sections (Normal, Abnormal, and on February 12, 2007.
Emergency) and the MU–2B airplane series checklist incorporated by ref- (v) Cockpit Checklist, Model MU–2B– erence in § 91.1721, the person operating 35, Type Certificate A2PC, MHI Docu- the airplane must operate the airplane ment No. YET06251B, accepted by FSB in accordance with the training speci- on February 12, 2007.
fied in this subpart. (vi) Cockpit Checklist, Model MU–2B– 30, Type Certificate A2PC, MHI Docu- § 91.1719 Credit for prior training.
ment No. YET06250A, accepted by FSB on March 2, 2007.
Initial/transition, requalification, re- current or Level B differences training (vii) Cockpit Checklist, Model MU– conducted prior to November 7, 2016, 2B–26A, Type Certificate A10SW, MHI
14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. A
(2) The date the demonstrations are to Document No. YET06255A, accepted by commence (at least 10 days after filing the FSB on February 12, 2007.
application).
(viii) Cockpit Checklist, Model MU– (b) Contents. Each Category II manual 2B–26, Type Certificate A2PC, MHI Doc- must contain: ument No. YET06249A, accepted by (1) The registration number, make, and FSB on March 2, 2007. model of the aircraft to which it applies; (2) A maintenance program as specified in (ix) Cockpit Checklist, Model MU–2B– section 4 of this appendix; and 26, Type Certificate A10SW, MHI Docu- (3) The procedures and instructions related ment No. YET06254A, accepted by FSB to recognition of decision height, use of run- on March 2, 2007.
way visual range information, approach (x) Cockpit Checklist, Model MU–2B– monitoring, the decision region (the region 25, Type Certificate A10SW, MHI Docu- between the middle marker and the decision height), the maximum permissible devi- ment No. YET06253A, accepted by FSB ations of the basic ILS indicator within the on March 2, 2007.
decision region, a missed approach, use of (xi) Cockpit Checklist, Model MU–2B– airborne low approach equipment, minimum 25, Type Certificate A2PC, MHI Docu- altitude for the use of the autopilot, instru- ment No. YET06248A, accepted by FSB ment and equipment failure warning sys- on March 2, 2007.
tems, instrument failure, and other proce- (xii) Cockpit Checklist, Model MU– dures, instructions, and limitations that may be found necessary by the Adminis- 2B–20, Type Certificate A2PC, MHI Doc- trator.
ument No. YET06247A, accepted by FSB on February 12, 2007.
2. Required Instruments and Equipment (xiii)–(xiv) [Reserved] The instruments and equipment listed in (xv) Cockpit Checklist, Model MU– this section must be installed in each air- 2B–15, Type Certificate A2PC, MHI Doc- craft operated in a Category II operation.
ument No. YET06246A, accepted by This section does not require duplication of FSB on March 2, 2007. instruments and equipment required by § 91.205 or any other provisions of this chap- (xvi) Cockpit Checklist, Model MU– ter.
2B–10, Type Certificate A2PC, MHI Doc- (a) Group I. (1) Two localizer and glide ument No. YET06245A, accepted by slope receiving systems. Each system must FSB on March 2, 2007.
provide a basic ILS display and each side of (xvii) Cockpit Checklist, Model MU– the instrument panel must have a basic ILS 2B, Type Certificate A2PC, MHI Docu- display. However, a single localizer antenna and a single glide slope antenna may be used.
ment No. YET06244A, accepted by FSB (2) A communications system that does not on March 2, 2007.
affect the operation of at least one of the (2) [Reserved] ILS systems.
(3) A marker beacon receiver that provides [Docket FAA–2006–24981, Amdt. 91–344, 81 FR distinctive aural and visual indications of 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR the outer and the middle markers.
21472, May 9, 2017] (4) Two gyroscopic pitch and bank indi- cating systems.
(5) Two gyroscopic direction indicating systems.
A PPENDIX A TO P ART 91—C ATEGORY II (6) Two airspeed indicators.
(7) Two sensitive altimeters adjustable for O PERATIONS : M ANUAL , I NSTRU - barometric pressure, each having a placarded MENTS, E QUIPMENT , AND M AINTE - correction for altimeter scale error and for NANCE the wheel height of the aircraft. After June 26, 1979, two sensitive altimeters adjustable 1. Category II Manual for barometric pressure, having markings at (a) Application for approval. An applicant 20-foot intervals and each having a placarded for approval of a Category II manual or an correction for altimeter scale error and for amendment to an approved Category II man- the wheel height of the aircraft.
ual must submit the proposed manual or (8) Two vertical speed indicators.
amendment to the responsible Flight Stand- (9) A flight control guidance system that ards office. If the application requests an consists of either an automatic approach evaluation program, it must include the fol- coupler or a flight director system. A flight lowing: director system must display computed in- (1) The location of the aircraft and the formation as steering command in relation place where the demonstrations are to be to an ILS localizer and, on the same instru- conducted; and ment, either computed information as pitch
Federal Aviation Administration, DOT Pt. 91, App. A
command in relation to an ILS glide slope or cation procedures. In addition, subsequent basic ILS glide slope information. An auto- changes to make, model, or design of the matic approach coupler must provide at components must be approved under this least automatic steering in relation to an paragraph. Related systems or devices, such ILS localizer. The flight control guidance as the autothrottle and computed missed ap- system may be operated from one of the re- proach guidance system, must be approved in ceiving systems required by subparagraph (1) the same manner if they are to be used for of this paragraph. Category II operations.
(10) For Category II operations with deci- (c) Radio altimeter. A radio altimeter must sion heights below 150 feet either a marker meet the performance criteria of this para- beacon receiver providing aural and visual graph for original approval and after each indications of the inner marker or a radio al- subsequent alteration.
timeter. (1) It must display to the flight crew clear- (b) Group II. (1) Warning systems for imme- ly and positively the wheel height of the diate detection by the pilot of system faults main landing gear above the terrain.
in items (1), (4), (5), and (9) of Group I and, if (2) It must display wheel height above the installed for use in Category III operations, terrain to an accuracy of plus or minus 5 feet the radio altimeter and autothrottle system. or 5 percent, whichever is greater, under the (2) Dual controls. following conditions: (3) An externally vented static pressure (i) Pitch angles of zero to plus or minus 5 system with an alternate static pressure degrees about the mean approach attitude.
(ii) Roll angles of zero to 20 degrees in ei- source.
(4) A windshield wiper or equivalent means ther direction.
of providing adequate cockpit visibility for a (iii) Forward velocities from minimum ap- safe visual transition by either pilot to proach speed up to 200 knots.
touchdown and rollout. (iv) Sink rates from zero to 15 feet per sec- (5) A heat source for each airspeed system ond at altitudes from 100 to 200 feet.
pitot tube installed or an equivalent means (3) Over level ground, it must track the ac- tual altitude of the aircraft without signifi- of preventing malfunctioning due to icing of cant lag or oscillation.
the pitot system.
(4) With the aircraft at an altitude of 200 3. Instruments and Equipment Approval feet or less, any abrupt change in terrain representing no more than 10 percent of the (a) General. The instruments and equip- aircraft’s altitude must not cause the altim- ment required by section 2 of this appendix eter to unlock, and indicator response to must be approved as provided in this section such changes must not exceed 0.1 seconds before being used in Category II operations.
and, in addition, if the system unlocks for Before presenting an aircraft for approval of greater changes, it must reacquire the signal the instruments and equipment, it must be in less than 1 second.
shown that since the beginning of the 12th (5) Systems that contain a push-to-test calendar month before the date of submis- feature must test the entire system (with or sion— without an antenna) at a simulated altitude (1) The ILS localizer and glide slope equip- of less than 500 feet.
ment were bench checked according to the (6) The system must provide to the flight manufacturer’s instructions and found to crew a positive failure warning display any meet those standards specified in RTCA time there is a loss of power or an absence of Paper 23–63/DO–117 dated March 14, 1963, ground return signals within the designed ‘‘Standard Adjustment Criteria for Airborne range of operating altitudes.
Localizer and Glide Slope Receivers,’’ which (d) Other instruments and equipment. All may be obtained from the RTCA Secretariat, other instruments and items of equipment 1425 K St., NW., Washington, DC 20005.
required by § 2 of this appendix must be capa- (2) The altimeters and the static pressure ble of performing as necessary for Category systems were tested and inspected in accord- II operations. Approval is also required after ance with appendix E to part 43 of this chap- each subsequent alteration to these instru- ter; and ments and items of equipment.
(3) All other instruments and items of (e) Evaluation program —(1) Application. Ap- equipment specified in section 2(a) of this ap- pendix that are listed in the proposed main- proval by evaluation is requested as a part of tenance program were bench checked and the application for approval of the Category found to meet the manufacturer’s specifica- II manual.
tions. (2) Demonstrations. Unless otherwise au- (b) Flight control guidance system. All com- thorized by the Administrator, the evalua- ponents of the flight control guidance sys- tion program for each aircraft requires the tem must be approved as installed by the demonstrations specified in this paragraph.
evaluation program specified in paragraph At least 50 ILS approaches must be flown (e) of this section if they have not been ap- with at least five approaches on each of proved for Category III operations under ap- three different ILS facilities and no more plicable type or supplemental type certifi- than one half of the total approaches on any
14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. A
one ILS facility. All approaches shall be for Category II operations, including the flown under simulated instrument conditions make and model of those specified in § 2(a).
to a 100-foot decision height and 90 percent of (2) A schedule that provides for the per- the total approaches made must be success- formance of inspections under subparagraph ful. A successful approach is one in which— (5) of this paragraph within 3 calendar (i) At the 100-foot decision height, the indi- months after the date of the previous inspec- cated airspeed and heading are satisfactory tion. The inspection must be performed by a for a normal flare and landing (speed must be person authorized by part 43 of this chapter, plus or minus 5 knots of programmed air- except that each alternate inspection may be speed, but may not be less than computed replaced by a functional flight check. This threshold speed if autothrottles are used); functional flight check must be performed (ii) The aircraft at the 100-foot decision by a pilot holding a Category II pilot author- height, is positioned so that the cockpit is ization for the type aircraft checked.
within, and tracking so as to remain within, (3) A schedule that provides for the per- the lateral confines of the runway extended; formance of bench checks for each listed in- (iii) Deviation from glide slope after leav- strument and item of equipment that is spec- ing the outer marker does not exceed 50 per- ified in section 2(a) within 12 calendar cent of full-scale deflection as displayed on months after the date of the previous bench the ILS indicator; check.
(iv) No unusual roughness or excessive at- (4) A schedule that provides for the per- titude changes occur after leaving the mid- formance of a test and inspection of each dle marker; and static pressure system in accordance with (v) In the case of an aircraft equipped with appendix E to part 43 of this chapter within an approach coupler, the aircraft is suffi- 12 calendar months after the date of the pre- ciently in trim when the approach coupler is vious test and inspection.
disconnected at the decision height to allow (5) The procedures for the performance of for the continuation of a normal approach the periodic inspections and functional flight and landing.
checks to determine the ability of each list- (3) Records. During the evaluation program ed instrument and item of equipment speci- the following information must be main- fied in section 2(a) of this appendix to per- tained by the applicant for the aircraft with form as approved for Category II operations respect to each approach and made available including a procedure for recording func- to the Adninistrator upon request: tional flight checks.
(i) Each deficiency in airborne instruments and equipment that prevented the initiation (6) A procedure for assuring that the pilot of an approach. is informed of all defects in listed instru- (ii) The reasons for discontinuing an ap- ments and items of equipment.
proach, including the altitude above the run- (7) A procedure for assuring that the condi- way at which it was discontinued.
tion of each listed instrument and item of (iii) Speed control at the 100-foot decision equipment upon which maintenance is per- height if auto throttles are used.
formed is at least equal to its Category II ap- (iv) Trim condition of the aircraft upon proval condition before it is returned to serv- disconnecting the auto coupler with respect ice for Category II operations.
to continuation to flare and landing.
(8) A procedure for an entry in the mainte- (v) Position of the aircraft at the middle nance records required by § 43.9 of this chap- marker and at the decision height indicated ter that shows the date, airport, and reasons both on a diagram of the basic ILS display for each discontinued Category II operation and a diagram of the runway extended to the because of a malfunction of a listed instru- middle marker. Estimated touchdown point ment or item of equipment.
must be indicated on the runway diagram.
(b) Bench check. A bench check required by (vi) Compatibility of flight director with this section must comply with this para- the auto coupler, if applicable.
graph.
(vii) Quality of overall system perform- (1) It must be performed by a certificated ance.
repair station holding one of the following (4) Evaluation. A final evaluation of the ratings as appropriate to the equipment flight control guidance system is made upon checked: successful completion of the demonstrations.
(i) An instrument rating.
If no hazardous tendencies have been dis- (ii) A radio rating.
played or are otherwise known to exist, the system is approved as installed. (2) It must consist of removal of an instru- ment or item of equipment and performance 4. Maintenance program of the following: (i) A visual inspection for cleanliness, im- (a) Each maintenance program must con- pending failure, and the need for lubrication, tain the following: repair, or replacement of parts; (1) A list of each instrument and item of equipment specified in § 2 of this appendix (ii) Correction of items found by that vis- that is installed in the aircraft and approved ual inspection; and
Federal Aviation Administration, DOT Pt. 91, App. D
(iii) Calibration to at least the manufac- Newark, NJ (Newark Liberty International turer’s specifications unless otherwise speci- Airport) fied in the approved Category II manual for New Orleans, LA (Louis Armstrong New Or- the aircraft in which the instrument or item leans International Airport) New York, NY (John F. Kennedy Inter- of equipment is installed.
national Airport) (c) Extensions. After the completion of one New York, NY (LaGuardia Airport) maintenance cycle of 12 calendar months, a Orlando, FL (Orlando International Airport) request to extend the period for checks, Philadelphia, PA (Philadelphia International tests, and inspections is approved if it is Airport) shown that the performance of particular Phoenix, AZ (Phoenix Sky Harbor Inter- equipment justifies the requested extension.
national Airport) [Docket 18334, 54 FR 34325, Aug. 18, 1989, as Pittsburgh, PA (Pittsburgh International amended by Amdt. 91–269, 66 FR 41116, Aug. 6, Airport) 2001; Docket FAA–2018–0119, Amdt. 91–350, 83 St. Louis, MO (Lambert-St. Louis Inter- FR 9172, Mar. 5, 2018] national Airport) Salt Lake City, UT (Salt Lake City Inter- A PPENDIXES B—C [R ESERVED ] national Airport) San Diego, CA (Miramar Marine Corps Air A PPENDIX D TO P ART 91—A IRPORTS/L O- Station) CATIONS : S PECIAL O PERATING R E- San Diego, CA (San Diego International Air- STRICTIONS port) San Francisco, CA (San Francisco Inter- Section 1. Locations at which the require- national Airport) ments of § 91.215(b)(2) and § 91.225(d)(2) apply.
Seattle, WA (Seattle-Tacoma International The requirements of §§ 91.215(b)(2) and Airport) 91.225(d)(2) apply below 10,000 feet MSL with- Tampa, FL (Tampa International Airport) in a 30-nautical-mile radius of each location Washington, DC (Ronald Reagan Washington in the following list.
National Airport) Atlanta, GA (Hartsfield-Jackson Atlanta Section 2. Airports at which the require- International Airport) ments of § 91.215(b)(5)(ii) apply. [Reserved] Baltimore, MD (Baltimore/Washington Inter- Section 3. Locations at which fixed-wing national Thurgood Marshall Airport) Special VFR operations are prohibited.
Boston, MA (General Edward Lawrence The Special VFR weather minimums of Logan International Airport) § 91.157 do not apply to the following air- Camp Springs, MD (Joint Base Andrews) ports: Chantilly, VA (Washington Dulles Inter- Atlanta, GA (Hartsfield-Jackson Atlanta national Airport) International Airport) Charlotte, NC (Charlotte/Douglas Inter- Baltimore, MD (Baltimore/Washington Inter- national Airport) national Thurgood Marshall Airport) Chicago, IL (Chicago-O’Hare International Boston, MA (General Edward Lawrence Airport) Logan International Airport) Cleveland, OH (Cleveland-Hopkins Inter- Buffalo, NY (Greater Buffalo International national Airport) Airport) Covington, KY (Cincinnati/Northern Ken- Camp Springs, MD (Joint Base Andrews) tucky International Airport) Chicago, IL (Chicago-O’Hare International Dallas, TX (Dallas/Fort Worth International Airport) Airport) Cleveland, OH (Cleveland-Hopkins Inter- Denver, CO (Denver International Airport) national Airport) Detroit, MI (Detroit Metropolitan Wayne Columbus, OH (Port Columbus International County Airport) Airport) Honolulu, HI (Honolulu International Air- Covington, KY (Cincinnati/Northern Ken- port) tucky International Airport) Houston, TX (George Bush Intercontinental/ Dallas, TX (Dallas/Fort Worth International Houston Airport) Airport) Houston, TX (William P. Hobby Airport) Dallas, TX (Dallas Love Field Airport) Kansas City, MO (Kansas City International Denver, CO (Denver International Airport) Airport) Detroit, MI (Detroit Metropolitan Wayne Las Vegas, NV (McCarran International Air- County Airport) port) Honolulu, HI (Honolulu International Air- Los Angeles, CA (Los Angeles International port) Airport) Houston, TX (George Bush Intercontinental/ Memphis, TN (Memphis International Air- Houston Airport) port) Indianapolis, IN (Indianapolis International Miami, FL (Miami International Airport) Airport) Minneapolis, MN (Minneapolis-St. Paul Los Angeles, CA (Los Angeles International International/Wold-Chamberlain Airport) Airport)
14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. E
Louisville, KY (Louisville International Air- Boston, MA (General Edward Lawrence port-Standiford Field) Logan International Airport) Memphis, TN (Memphis International Air- Camp Springs, MD (Joint Base Andrews) port) Chicago, IL (Chicago-O’Hare International Miami, FL (Miami International Airport) Airport) Minneapolis, MN (Minneapolis-St. Paul Dallas, TX (Dallas/Fort Worth International International/Wold-Chamberlain Airport) Airport) Newark, NJ (Newark Liberty International Los Angeles, CA (Los Angeles International Airport) Airport) New York, NY (John F. Kennedy Inter- Miami, FL (Miami International Airport) national Airport) Newark, NJ (Newark Liberty International New York, NY (LaGuardia Airport) Airport) New Orleans, LA (Louis Armstrong New Or- New York, NY (John F. Kennedy Inter- leans International Airport) national Airport) Philadelphia, PA (Philadelphia International New York, NY (LaGuardia Airport) Airport) San Francisco, CA (San Francisco Inter- Pittsburgh, PA (Pittsburgh International national Airport) Airport) Washington, DC (Ronald Reagan Washington Portland, OR (Portland International Air- National Airport) port) San Francisco, CA (San Francisco Inter- [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991] national Airport) E DITORIAL N OTE : For F EDERAL R EGISTER ci- Seattle, WA (Seattle-Tacoma International tations affecting appendix D to part 91, see Airport) the List of CFR Sections Affected, which ap- St. Louis, MO (Lambert-St. Louis Inter- pears in the Finding Aids section of the national Airport) printed volume and at www.govinfo.gov.
Tampa, FL (Tampa International Airport) Washington, DC (Ronald Reagan Washington E FFECTIVE D ATE N OTE : By Amdt. 91–236, 59 National Airport) FR 2918, Jan. 19, 1994, as corrected by Amdt.
Section 4. Locations at which solo student, 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to sport, and recreational pilot activity is not part 91 was amended in sections 1 and 3 in permitted.
the Denver, CO, entry by revising Pursuant to § 91.131(b)(2), solo student, ‘‘Stapleton’’ to read ‘‘Denver’’ effective Mar.
sport, and recreational pilot operations are 9, 1994. By Amdt. 91–238, 59 FR 10958, Mar. 9, not permitted at any of the following air- 1994, the effective date was delayed to May ports.
15, 1994. By Amdt. 91–241, 59 FR 24916, May 13, Atlanta, GA (Hartsfield-Jackson Atlanta 1994, the effective date was suspended indefi- International Airport) nitely.
A PPENDIX E TO P ART 91—A IRPLANE F LIGHT RECORDER S PECIFICATIONS Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution read out second) ered data) Relative Time (From 8 hr minimum .................. ± 0.125% per hour ............ 1 ................................. 1 sec.
Recorded on Prior to Takeoff).
Indicated Airspeed ..... Vso to VD (KIAS) ............ ± 5% or ± 10 kts., which- 1 ................................. 1% ever is greater. Resolu- tion 2 kts. below 175 KIAS.
Altitude ....................... ¥ 1,000 ft. to max cert. ± 100 to ± 700 ft. (see 1 ................................. 25 to 150 ft.
alt. of A/C. Table 1, TSO C51–a).
Magnetic Heading ..... 360 ° ................................. ± 5 ° ................................... 1 ................................. 1 ° Vertical Acceleration .. ¥ 3g to + 6g .................... ± 0.2g in addition to ± 0.3g 4 (or 1 per second 0.03g.
maximum datum. where peaks, ref. to 1g are recorded).
Longitudinal Accelera- ± 1.0g ................................ ± 1.5% max. range ex- 2 ................................. 0.01g.
tion. cluding datum error of ± 5%.
Pitch Attitude ............. 100% of usable ............... ± 2 ° ................................... 1 ................................. 0.8 ° Roll Attitude ............... ± 60 ° or 100% of usable ± 2 ° ................................... 1 ................................. 0.8 ° range, whichever is greater.
Stabilizer Trim Posi- Full Range ....................... ± 3% unless higher 1 ................................. 1% tion, or. uniquely required.
Pitch Control Posi- tion .
Federal Aviation Administration, DOT Pt. 91, App. F
Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution read out second) ered data) Engine Power, Each Full Range ....................... ± 3% unless higher 1 ................................. 1% Engine: uniquely required.
1 3 Fan or N Speed Maximum Range ............. ± 5% ................................. 1 ................................. 1% or EPR or Cockpit indica- tions Used for Aircraft Certifi- cation OR.
Prop. speed and .......................................... .......................................... 1 (prop Speed) .......... 1% Torque (Sam- 1 (torque) ................... 1% ple Once/Sec as Close to- gether as Prac- ticable).
Altitude Rate (need ± 8,000 fpm ...................... ± 10%. Resolution 250 1 ................................. 250 fpm. below depends on altitude fpm below 12,000 ft. in- 12,000 resolution). dicated.
2 3 Angle of Attack ¥ 20 ° to 40 ° or 100% of ± 2 ° ................................... 1 ................................. 0.8% (need depends on usable range.
altitude resolution).
Radio Transmitter On/Off .............................. .......................................... 1.
Keying (Discrete).
TE Flaps (Discrete or Each discrete position (U, .......................................... 1.
Analog). D, T/O, AAP) OR.
LE Flaps (Discrete or Analog 0–100% range ..... ± 3% ................................. 1 ................................. 1% Analog).
Each discrete position (U, .......................................... 1.
D, T/O, AAP) OR.
Thrust Reverser, Analog 0–100% range ..... ± 3 ° ................................... 1 ................................. 1% Each Engine (Dis- crete).
Stowed or full reverse.
Spoiler/Speedbrake Stowed or out .................. .......................................... 1.
(Discrete).
Autopilot Engaged Engaged or Disengaged .......................................... 1.
(Discrete).
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.
If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be re- corded. If however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted.
Per cent of full range.
This column applies to aircraft manufactured after October 11, 1991.
For Pitch Control Position only, for all aircraft manufactured on or after April 6, 2012, the sampling interval (per second) is 8.
Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.
[Docket 18334, 54 FR 34327, Aug. 18, 1989, as amended by Amdt. 91–300, 73 FR 12565, Mar. 7, 2008; 73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010; Amdt. 91–329, 78 FR 39971, July 3, 2013] A PPENDIX F TO P ART 91—H ELICOPTER F LIGHT R ECORDER S PECIFICATIONS Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution 3 read out second) ered data) Relative Time (From 4 hr minimum .................. ± 0.125% per hour ............ 1 ................................. 1 sec.
Recorded on Prior to Takeoff).
Indicated Airspeed ..... VM in to VD (KIAS) (min- ± 5% or ± 10 kts., which- 1 ................................. 1 kt.
imum airspeed signal ever is greater.
attainable with installed pilot-static system).
Altitude ....................... ¥ 1,000 ft. to 20,000 ft. ± 100 to ± 700 ft. (see 1 ................................. 25 to 150 ft.
pressure altitude. Table 1, TSO C51–a).
Magnetic Heading ..... 360 ° ................................. ± 5 ° ................................... 1 ................................. 1 ° Vertical Acceleration .. ¥ 3g to + 6g .................... ± 0.2g in addition to ± 0.3g 4 (or 1 per second 0.05g.
maximum datum. where peaks, ref. to 1g are recorded).
Longitudinal Accelera- ± 1.0g ................................ ± 1.5% max. range ex- 2 ................................. 0.03g.
tion. cluding datum error of ± 5%.
14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. G
Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution 3 read out second) ered data) Pitch Attitude ............. 100% of usable range ..... ± 2 ° ................................... 1 ................................. 0.8 ° Roll Attitude ............... ± 60 or 100% of usable ± 2 ° ................................... 1 ................................. 0.8 ° range, whichever is greater.
Altitude Rate .............. ± 8,000 fpm ...................... ± 10% Resolution 250 fpm 1 ................................. 250 fpm below below 12,000 ft. indi- 12,000.
cated.
Engine Power, Each Engine Main Rotor Speed ..... Maximum Range ............. ± 5% ................................. 1 ................................. 1%2.
Free or Power Tur- Maximum Range ............. ± 5% ................................. 1 ................................. 1%2.
bine.
Engine Torque ........... Maximum Range ............. ± 5% ................................. 1 ................................. 1%2.
Flight Control Hydraulic Pressure Primary (Discrete) ..... High/Low .......................... .......................................... 1.
Secondary—if appli- High/Low .......................... .......................................... 1.
cable (Discrete).
Radio Transmitter On/Off .............................. .......................................... 1.
Keying (Discrete).
Autopilot Engaged Engaged or Disengaged .......................................... 1.
(Discrete).
SAS Status-Engaged Engaged or Disengaged .......................................... 1.
(Discrete).
SAS Fault Status Fault/OK .......................... .......................................... 1.
(Discrete).
Flight Controls Collective ................. Full range ........................ ± 3% ................................. 2 ................................. 1%2.
Pedal Position ......... Full range ........................ ± 3% ................................. 2 ................................. 1%2.
Lat. Cyclic ................ Full range ........................ ± 3% ................................. 2 ................................. 1%2.
Long. Cyclic ............. Full range ........................ ± 3% ................................. 2 ................................. 1%2.
Controllable Stabilator Full range ........................ ± 3% ................................. 2 ................................. 1%2.
Position .
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.
Per cent of full range.
This column applies to aircraft manufactured after October 11, 1991.
For all aircraft manufactured on or after April 6, 2012, the sampling interval per second is 4.
[Docket 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989; Amdt. 91–300, 73 FR 12565, Mar. 7, 2008; 73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010] type certificate, or supplemental type cer- A PPENDIX G TO P ART 91—O PERATIONS IN tificate.
R EDUCED V ERTICAL S EPARATION (b) The static system of each aircraft is in- M INIMUM (RVSM) A IRSPACE stalled in a manner and position that is the same as those of the other aircraft in the Section 1. Definitions group. The same static source error correc- Reduced Vertical Separation Minimum tion is incorporated in each aircraft of the (RVSM) Airspace. Within RVSM airspace, air group.
traffic control (ATC) separates aircraft by a (c) The avionics units installed in each air- minimum of 1,000 feet vertically between FL craft to meet the minimum RVSM equip- ment requirements of this appendix are: 290 and FL 410 inclusive. Air-traffic control (1) Manufactured to the same manufac- notifies operators of RVSM airspace by pro- turer specification and have the same part viding route planning information.
number; or RVSM Group Aircraft. Aircraft within a (2) Of a different manufacturer or part group of aircraft, approved as a group by the number, if the applicant demonstrates that Administrator, in which each of the aircraft the equipment provides equivalent system satisfy each of the following: performance.
(a) The aircraft have been manufactured to RVSM Nongroup Aircraft. An aircraft that the same design, and have been approved is approved for RVSM operations as an indi- under the same type certificate, amended vidual aircraft.
Federal Aviation Administration, DOT Pt. 91, App. G
RVSM Flight envelope. An RVSM flight en- the aircraft meets the following require- velope includes the range of Mach number, ments: weight divided by atmospheric pressure (1) The aircraft must be equipped with two ratio, and altitudes over which an aircraft is operational independent altitude measure- approved to be operated in cruising flight ment systems.
(2) The aircraft must be equipped with at within RVSM airspace. RVSM flight enve- lopes are defined as follows: least one automatic altitude control system (a) The full RVSM flight envelope is bounded that controls the aircraft altitude— as follows: (i) Within a tolerance band of ± 65 feet (1) The altitude flight envelope extends about an acquired altitude when the aircraft from FL 290 upward to the lowest altitude of is operated in straight and level flight under the following: nonturbulent, nongust conditions; or (ii) Within a tolerance band of ± 130 feet (i) FL 410 (the RVSM altitude limit); (ii) The maximum certificated altitude for under nonturbulent, nongust conditions for the aircraft; or aircraft for which application for type cer- (iii) The altitude limited by cruise thrust, tification occurred on or before April 9, 1997 buffet, or other flight limitations. that are equipped with an automatic altitude (2) The airspeed flight envelope extends: control system with flight management/per- (i) From the airspeed of the slats/flaps-up formance system inputs.
maximum endurance (holding) airspeed, or (3) The aircraft must be equipped with an the maneuvering airspeed, whichever is altitude alert system that signals an alert lower; when the altitude displayed to the flight (ii) To the maximum operating airspeed crew deviates from the selected altitude by (V /M ), or airspeed limited by cruise more than: mo mo thrust buffet, or other flight limitations, (i) ± 300 feet for aircraft for which applica- whichever is lower. tion for type certification was made on or (3) All permissible gross weights within the before April 9, 1997; or flight envelopes defined in paragraphs (1) and (ii) ± 200 feet for aircraft for which applica- (2) of this definition.
tion for type certification is made after (b) The basic RVSM flight envelope is the April 9, 1997.
same as the full RVSM flight envelope ex- (d) Altimetry system error containment: Group cept that the airspeed flight envelope ex- aircraft for which application for type certifi- tends: cation was made on or before April 9, 1997. To (1) From the airspeed of the slats/flaps-up approve group aircraft for which application maximum endurance (holding) airspeed, or for type certification was made on or before the maneuver airspeed, whichever is lower; April 9, 1997, the Administrator must find (2) To the upper Mach/airspeed boundary that the altimetry system error (ASE) is defined for the full RVSM flight envelope, or contained as follows: a specified lower value not less than the (1) At the point in the basic RVSM flight long-range cruise Mach number plus .04 envelope where mean ASE reaches its largest Mach, unless further limited by available absolute value, the absolute value may not cruise thrust, buffet, or other flight limita- exceed 80 feet.
tions.
(2) At the point in the basic RVSM flight envelope where mean ASE plus three stand- Section 2. Aircraft Approval ard deviations reaches its largest absolute (a) Except as specified in Section 9 of this value, the absolute value may not exceed 200 appendix, an operator may be authorized to feet.
(3) At the point in the full RVSM flight en- conduct RVSM operations if the Adminis- velope where mean ASE reaches its largest trator finds that its aircraft comply with absolute value, the absolute value may not this section.
exceed 120 feet.
(b) The applicant for authorization shall (4) At the point in the full RVSM flight en- submit the appropriate data package for air- velope where mean ASE plus three standard craft approval. The package must consist of deviations reaches its largest absolute value, at least the following: the absolute value may not exceed 245 feet.
(1) An identification of the RVSM aircraft (5) Necessary operating restrictions. If the ap- group or the nongroup aircraft; plicant demonstrates that its aircraft other- (2) A definition of the RVSM flight enve- wise comply with the ASE containment re- lopes applicable to the subject aircraft; (3) Documentation that establishes compli- quirements, the Administrator may estab- ance with the applicable RVSM aircraft re- lish an operating restriction on that appli- quirements of this section; and cant’s aircraft to restrict the aircraft from (4) The conformity tests used to ensure operating in areas of the basic RVSM flight that aircraft approved with the data package envelope where the absolute value of mean meet the RVSM aircraft requirements. ASE exceeds 80 feet, and/or the absolute (c) Altitude-keeping equipment: All aircraft. value of mean ASE plus three standard devi- To approve an aircraft group or a nongroup ations exceeds 200 feet; or from operating in aircraft, the Administrator must find that areas of the full RVSM flight envelope where
14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. G
the absolute value of the mean ASE exceeds (2) For an applicant who operates under 120 feet and/or the absolute value of the part 121 or 135 of this chapter or under sub- mean ASE plus three standard deviations ex- part K of this part, initial and recurring ceeds 245 feet. pilot training requirements.
(e) Altimetry system error containment: Group (3) Policies and procedures: An applicant aircraft for which application for type certifi- who operates under part 121 or 135 of this cation is made after April 9, 1997. To approve chapter or under subpart K of this part must group aircraft for which application for type submit RVSM policies and procedures that certification is made after April 9, 1997, the will enable it to conduct RVSM operations Administrator must find that the altimetry safely.
system error (ASE) is contained as follows: (c) In a manner prescribed by the Adminis- (1) At the point in the full RVSM flight en- trator, an operator seeking authorization velope where mean ASE reaches its largest under this section must provide evidence absolute value, the absolute value may not that: exceed 80 feet.
(1) It is capable to operate and maintain (2) At the point in the full RVSM flight en- each aircraft or aircraft group for which it velope where mean ASE plus three standard applies for approval to operate in RVSM air- deviations reaches its largest absolute value, space; and the absolute value may not exceed 200 feet.
(2) Each pilot has knowledge of RVSM re- (f) Altimetry system error containment: quirements, policies, and procedures suffi- Nongroup aircraft. To approve a nongroup air- cient for the conduct of operations in RVSM craft, the Administrator must find that the airspace.
altimetry system error (ASE) is contained as follows: Section 4. RVSM Operations (1) For each condition in the basic RVSM flight envelope, the largest combined abso- (a) Each person requesting a clearance to lute value for residual static source error operate within RVSM airspace shall cor- plus the avionics error may not exceed 160 rectly annotate the flight plan filed with air feet. traffic control with the status of the oper- (2) For each condition in the full RVSM ator and aircraft with regard to RVSM ap- flight envelope, the largest combined abso- proval. Each operator shall verify RVSM ap- lute value for residual static source error plicability for the flight planned route plus the avionics error may not exceed 200 through the appropriate flight planning in- feet.
formation sources.
(g) Traffic Alert and Collision Avoidance (b) No person may show, on the flight plan System (TCAS) Compatibility With RVSM filed with air traffic control, an operator or Operations: All aircraft. After March 31, 2002, aircraft as approved for RVSM operations, or unless otherwise authorized by the Adminis- operate on a route or in an area where RVSM trator, if you operate an aircraft that is approval is required, unless: equipped with TCAS II in RVSM airspace, it (1) The operator is authorized by the Ad- must be a TCAS II that meets TSO C–119b ministrator to perform such operations in (Version 7.0), or a later version.
accordance with Section 3 or Section 9 of (h) If the Administrator finds that the ap- this appendix, as applicable.
plicant’s aircraft comply with this section, (2) The aircraft— the Administrator notifies the applicant in (i) Has been approved and complies with writing.
Section 2 this appendix; or (ii) Complies with Section 9 of this appen- Section 3. Operator Authorization dix.
(a) Except as specified in Section 9 of this (3) Each pilot has knowledge of RVSM re- appendix, authority for an operator to con- quirements, policies, and procedures suffi- duct flight in airspace where RVSM is ap- cient for the conduct of operations in RVSM plied is issued in operations specifications, a airspace.
Letter of Authorization, or management specifications issued under subpart K of this Section 5. Deviation Authority Approval part, as appropriate. To issue an RVSM au- The Administrator may authorize an air- thorization under this section, the Adminis- craft operator to deviate from the require- trator must find that the operator’s aircraft ments of §§ 91.180 or 91.706 for a specific flight have been approved in accordance with Sec- in RVSM airspace if— tion 2 of this appendix and the operator com- plies with this section. (a) The operator submits a request in a (b) Except as specified in Section 9 of this time and manner acceptable to the Adminis- appendix, an applicant seeking authorization trator; and to operate within RVSM airspace must apply (b) At the time of filing the flight plan for in a form and manner prescribed by the Ad- that flight, ATC determines that the aircraft ministrator. The application must include may be provided appropriate separation and the following: that the flight will not interfere with, or im- (1) [Reserved] pose a burden on, RVSM operations.
Section 11
Federal Aviation Administration, DOT Pt. 93
Section 6. Reporting Altitude-Keeping Errors (4) A TCAS II that meets TSO C–119b (Version 7.0), or a later version, if equipped Each operator shall report to the Adminis- with TCAS II, unless otherwise authorized trator each event in which the operator’s by the Administrator.
aircraft has exhibited the following altitude- (5) Unless authorized by ATC or the foreign keeping performance: country where the aircraft is operated, an (a) Total vertical error of 300 feet or more; ADS–B Out system that meets the equip- (b) Altimetry system error of 245 feet or ment performance requirements of § 91.227 of more; or this part. The aircraft must have its height- (c) Assigned altitude deviation of 300 feet keeping performance monitored in a form or more.
and manner acceptable to the Administrator.
(b) The altimetry system error (ASE) of Section 7. Removal or Amendment of Authority the aircraft does not exceed 200 feet when op- The Administrator may prohibit or re- erating in RVSM airspace.
strict an operator from conducting oper- [Docket 28870, 62 FR 17487, Apr. 9, 1997, as ations in RVSM airspace, if the Adminis- amended by Amdt. 91–261, 65 FR 5942, Feb. 7, trator determines that the operator is not 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001; complying, or is unable to comply, with this Amdt. 91–274, 68 FR 54584, Sept. 17, 2003; appendix or subpart H of this part. Examples Amdt. 91–276, 68 FR 70133, Dec. 17, 2003; Dock- of reasons for amendment, revocation, or re- et FAA–2015–1746, Amdt. 91–342, 81 FR 47017, striction include, but are not limited to, an July 20, 2016; Docket FAA–2016–9154, Amdt.
operator’s: 91–348, 82 FR 39664, Aug. 22, 2017; Docket (a) Committing one or more altitude-keep- FAA–2017–0782, Amdt. 91–354, 83 FR 65492, ing errors in RVSM airspace; Dec. 21, 2018] (b) Failing to make an effective and timely response to identify and correct an altitude-
keeping error; or PART 93—SPECIAL AIR TRAFFIC
(c) Failing to report an altitude-keeping
RULES
error.
S PECIAL F EDERAL A VIATION R EGULATION N O .
Section 8. Airspace Designation 60 [N OTE ] RVSM may be applied in all ICAO Flight Information Regions (FIRs).
Subpart A—General Section 9. Aircraft Equipped With Automatic Sec.
Dependent Surveillance—Broadcast Out 93.1 Applicability.
An operator is authorized to conduct flight Subparts B–C [ Reserved ] in airspace in which RVSM is applied pro- vided: Subpart D—Anchorage, Alaska, Terminal (a) The aircraft is equipped with the fol- Area lowing: (1) Two operational independent altitude 93.51 Applicability.
measurement systems.
93.53 Description of area.
(2) At least one automatic altitude control 93.55 Subdivision of Terminal Area.
system that controls the aircraft altitude— 93.57 General rules: All segments.
(i) Within a tolerance band of ± 65 feet 93.59 General rules: International segment.
about an acquired altitude when the aircraft 93.61 General rules: Lake Hood segment.
is operated in straight and level flight under 93.63 General rules: Merrill segment.
nonturbulent, nongust conditions; or 93.65 General rules: Elmendorf segment.
(ii) Within a tolerance band of ± 130 feet 93.67 General rules: Bryant segment.
under nonturbulent, nongust conditions for 93.68 General rules: Seward Highway seg- aircraft for which application for type cer- ment.
tification occurred on or before April 9, 1997, 93.69 Special requirements, Lake Campbell that are equipped with an automatic altitude and Sixmile Lake Airports.
control system with flight management/per- formance system inputs.
Subpart E—Flight Restrictions in the Vicinity (3) An altitude alert system that signals an of Niagara Falls, New York alert when the altitude displayed to the flightcrew deviates from the selected alti- 93.71 General operating procedures.
tude by more than— (i) ± 300 feet for aircraft for which applica- Subpart F—Valparaiso, Florida, Terminal tion for type certification was made on or Area before April 9, 1997; or (ii) ± 200 feet for aircraft for which applica- 93.80 Applicability.
tion for type certification is made after 93.81 Applicability and description of area.
April 9, 1997. 93.83 Aircraft operations.