# Commuter Operations and General Certification and Operations Requirements

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-7488

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** March 29, 1995
- **Citation:** 60 FR 16230

## Text

SUMMARY: This proposed rule would require certain commuter operators
that now conduct operations under part 135 to conduct those operations
under part 121. The commuter operators that would be affected are those
conducting scheduled passenger-carrying operations in airplanes that
have a passenger-seating configuration of 10 to 30 seats and those
conducting scheduled passenger-carrying operations in turbojets
regardless of seating configuration. The proposed rule would revise the
requirements concerning operating certificates and operations
specifications. The rule would also propose certain management
officials for all operators under parts 121 and 135. The need for this
rulemaking is supported by a study conducted by the National
Transportation Safety Board (NTSB), testimony at Congressional
hearings, and accident statistics. The proposed rule is intended to
increase safety in scheduled passenger-carrying operations and to
clarify, update, and consolidate the certification and operations
requirements for persons who transport persons or property by air for
compensation or hire.

DATES: Comments must be received on or before June 27, 1995.

ADDRESSES: Send or deliver comments on this notice in triplicate to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Room 915G, Docket No. , 800
Independence Avenue SW., Washington, DC 20591. Comments may also be
submitted to the Rules Docket by using the following Internet address:
[email protected] Comments must be marked Docket No. .
Comments may be examined in the Rules Docket between 8:30 a.m. and 5
p.m. on weekdays, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Alberta Brown, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-8248.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of this
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the regulatory docket
or notice number and be submitted in triplicate to the address above.
All communications received on or before the closing date for comments
will be considered by the Administrator before taking further
rulemaking action. Persons wishing the FAA to acknowledge receipt of
their comments submitted in response to this notice must submit with
those comments a pre-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. .'' The postcard will be
dated and time stamped and returned to the commenter. All comments
submitted will be available, both before and after the closing date for
comments, in the Rules Docket for examination by interested persons. A
report summarizing each substantive public contact with FAA personnel
concerned with this rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center (APA-230), 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Requests must
identify the notice number of this NPRM. Persons interested in being
placed on the mailing list for future NPRMs should also request a copy
of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking
Distribution System, which describes the application procedures.

Outline of NPRM

I. Introduction
II. History
III. The Problem and Recent FAA Actions
A. Accident Rate for Commuter Operations
B. Public Perception
C. Congressional Hearings
D. NTSB Study
E. Recent FAA Actions
IV. The Proposal
V. Major Issues
A. Applicability
B. Aircraft Certification
C. Flight Time Limits and Rest Requirements
D. Age 60 Rule
E. Dispatch System
F. Major Equipment Items
G. Airports
H. Proposed Effective Date and Compliance Schedule
VI. Discussion of Specific Proposals
A. Part 119 Summary
B. Part 121 Discussion
1. Subpart E--Approval of Routes: Domestic and Flag Air Carriers
2. Subpart F--Approval of Routes: Approval of Areas and Routes
for Supplemental Air Carriers and Commercial Operators
3. Subpart G--Manual Requirements
4. Subpart H--Airplane Requirements
5. Subpart I--Airplane Performance Operating Limitations
6. Subpart J--Special Airworthiness Requirements
7. Subpart K--Instrument and Equipment Requirements
8. Subpart L--Maintenance, Preventive Maintenance, and
Alterations.
9. Subpart M--Airman and Crewmember Requirements
10. Subpart N and O--Training Program and Crewmember
Qualifications
11. Subpart P--Aircraft Dispatcher Qualifications and Duty Time
Limitations: Domestic and Flag Air Carriers
12. Subpart Q--Flight Time Limitations and Rest Requirements:
Domestic Air Carriers
13. Subpart R--Flight Time Limitations Flag Air Carriers
14. Subpart S--Flight Time Limitations: Supplemental Air
Carriers and Commercial Limitations
15. Subpart T--Flight Operations
16. Subpart U--Dispatching and Flight Release Rules
17. Subpart V--Records and Reports
C. Proposed Part 119 Explanation
VII. Regulatory Evaluation Summary
VIII. The Proposed Amendment

Background

I. Introduction

Currently, scheduled passenger-carrying air transportation
operations under common carriage are conducted under the Federal
Aviation Regulations (FAR) of 14 CFR part 121 and part 135. Scheduled
passenger-carrying operations in airplanes with passenger-seating
configurations of over 30 seats or more than 7,500 pounds payload
capacity are conducted under part 121. Scheduled passenger-carrying
operations in airplanes with passenger-seating configurations of 30
seats or less or 7,500 pounds or less payload capacity are conducted
under part 135. Part 121, which provides the safety requirements for
all major air carriers (as well as for any operator conducting
scheduled or nonscheduled operations with airplanes configured with
more than 30 passenger seats), is generally considered to have more
restrictive requirements than part 135. The differences between parts
121 and 135 [[Page 16231]] reflect differences in the size of the
aircraft and the scope of the operations. Part 135 is considered to
provide a level of safety comparable to part 121; however, the FAA
continually evaluates changes in the industry and the aviation
environment that may necessitate upgrading the regulations in order to
continue to fulfill the agency's statutory requirement.

II. History

For most of the history of aviation safety regulations, one
dividing line served to separate the regulations that determined
airplane design and type certification, flight operations, maintenance,
pilot, and economic requirements. The dividing line between these sets
of regulations was first established in 1953 and was based on the
maximum certificated takeoff weight (MCTW) of an airplane.
Airplanes with an MCTW of 12,500 pounds or less were small
airplanes and were operated under part 135. Airplanes with an MCTW of
more than 12,500 pounds were considered large airplanes. Large
airplanes, which were generally designed to carry 20 or more
passengers, were used for scheduled air transportation while small
airplanes, which were generally designed to carry fewer than 10
passengers, were used for on-demand air taxi service. The Civil
Aeronautics Board (CAB) used the large/small dividing line to separate
major airline companies, who were required to obtain a Certificate of
Public Convenience and Necessity (CPCN) from the CAB in order to
operate in interstate commerce as a common carrier, from on-demand air
taxi operators, who were exempted from obtaining a CPCN.
During this time, the CAB issued only a small number of CPCN's, and
the companies that received them became household names to the air
traveling public (Eastern, American, Delta, Pan Am, TWA, etc.). In
contrast, on-demand air taxi operators numbered in the thousands.
Before 1970, the typical air taxi operator was a fixed-base
operator, usually at a small airport, that owned fewer than five
airplanes and provided on-demand air transportation as well as other
services, such as training new pilots and selling and renting small
airplanes. Typically, the air taxi portion of such an operator's
business was a small part of that business and rarely involved any
scheduled operations.
Beginning in the late 1960's, airplane manufacturers began to
design and build small airplanes that were capable of carrying more
than 10 passengers, and pushed the passenger capacity of the small
airplanes higher until it approached 20 passengers. As these airplanes
became available, some air taxi operators began to offer services that
resembled the services of the major airlines. There was an economic
incentive for these new commuter-type operators to buy these airplanes
and operate under the less restrictive requirements of part 135. As
part 135 operators acquired more of these airplanes, the nature of some
part 135 operations changed dramatically from the traditional small
airplane air taxi operation to a scheduled commuter operation. Although
the number of these scheduled operators grew, they still remained a
small percent of the thousands of air taxi operators.
In 1978, as a result of the Airline Deregulation Act, the airline
industry was deregulated economically, with air carriers given more
freedom to enter and exit markets without prior government economic
approval. This caused major changes throughout the airline industry.
One of the most significant changes was the ability of the major
carriers to eliminate service to smaller points that proved to be
uneconomical for the size of aircraft they operated and to be replaced
at those points by the smaller commuter carriers. Under this system,
the major part 121 air carriers provided service to the large
metropolitan airports, while the growing class of scheduled part 135
air carriers provided service between the smaller communities as well
as feeder service from the smaller points to the larger cities to
connect with the major carriers' operations. This became commonly known
as the `hub and spoke' system. The most significant effect of these
changes was that the traditional two categories of operations had been
replaced by three categories of operations. The new category contained
scheduled commuter operations that were neither traditional air taxis
nor traditional major air carriers.
Also in 1978, in response to the Airline Deregulation Act, the FAA
reissued part 135 standards to upgrade commuter and air taxi safety
requirements and make them more like part 121. At that time part 135
operators were required to meet more stringent requirements in several
areas, including weather reporting, flightcrew training, maintenance,
and qualifications for management personnel.
Since 1978, the FAA has issued a number of separate rule changes to
further align part 135 safety requirements. Certain part 135 operators
(depending on type of engines and passenger-seating capacity) are now
required to have cockpit voice recorders, flight data recorders (except
some 10- to 19-seat airplanes), and ground proximity warning systems.
Despite the FAA's realignment of part 135, differences between the
regulations still exist. The economic incentive to operate under part
135 still exists because the requirements in part 135 are still less
restrictive than the part 121 requirements in most instances.
For the remainder of this document the following terms are used in
the following ways. ``Commuter,'' ``commuter airline,'' and ``commuter
operator'' means those operators and scheduled passenger-carrying
operations conducted under part 135 in airplanes with a passenger-
seating capacity of 30 or fewer seats. This is the FAA's current use of
the word ``commuter,'' which does not include scheduled passenger-
carrying operations conducted under part 121 in airplanes with a
seating capacity of 31 to 60 seats. The Department of Transportation
(DOT) uses the term ``commuter'' more broadly to include all scheduled
passenger-carrying operations conducted in airplanes with a passenger-
seating capacity of 20 to 60 seats. The term ``regional,'' which is
used by industry to refer to short-haul, passenger-carrying, scheduled
operations conducted under part 121 or part 135, is not generally used
by the FAA and is not used in this document.

III. The Problem and Recent FAA Actions

Recent part 135 commuter accidents have focused public, government,
and industry attention on the safety of commuter operations. While the
safety level of part 135 operations has continued to improve, accident
data, public perception, and recent government inquiries show a need
for additional measures.

III.A. Accident Rate for Commuter Operations

The airline industry that uses airplanes with a passenger-seating
capacity of 60 or fewer seats to conduct scheduled operations under
parts 121 and 135 is an essential part of the air transportation
network in the U.S. These airlines now fly more than all airlines did
in 1958. In 1993, over 50 million passengers, 12 percent of the total
passenger flights in the country, were flown by these airlines. Half of
these passengers were flown in part 135 operations, i.e., in aircraft
with 30 or fewer seats.
The typical airplane flown in commuter operations under part 135 is
a turbopropeller-powered 19-seat airplane such as the Brazilian-made
[[Page 16232]] Embraer Bandeirante, the German-made Dornier 228, the
British-made BAE 31 Jetstream, and the U.S.-made Fairchild Metro and
Beechcraft 1900. These modern airplanes have advanced electronics and
are type certificated for two pilots. They cruise at 250 knots at an
altitude of 25,000 feet. Over the past two decades the safety record of
part 135 commuters has greatly improved. The accident rate per 100,000
departures in 1993 was one-fourth the accident rate in 1980. However,
the accident rate for commuter airlines operating under part 135
continues to be higher than the rate for domestic part 121 airlines. In
the past 2 years, several commuter airline accidents occurred that
attracted media and public attention and caused government and industry
officials to scrutinize the safety system for commuter operations under
part 135. A summary of the most pertinent of these accidents follows:
On December 1, 1993, a Jetstream 31, operated by Express
II (operated as Northwest Airlink), crashed at Hibbing, Minnesota, on
an instrument approach, killing 18 people. A major factor in the
accident was the captain's failure to follow standard operating
procedures in his decision to use an excessive descent rate during the
approach.
On January 7, 1994, a Jetstream 41, operated by Atlantic
Coast Airlines (as United Express), stalled while executing an
instrument landing system approach to the Port Columbus Airport in
Columbus, Ohio. Of the eight people on board, five died and three
survived. The National Transportation Safety Board (NTSB) found that
the flightcrew flew an unstabilized approach, failed to monitor
airspeed, improperly responded to the stall warning, and allowed the
airplane to stall.
On December 13, 1994, a Jetstream 3200, operated by
Flagship Airlines (as American Eagle), crashed at Raleigh-Durham, North
Carolina, on an instrument approach, killing the two pilots, and 15 of
the 18 passengers. The cause of the accident is not yet known.
These accidents involved commuter flights conducted under part 135.
Media attention to these and other commuter-type accidents has
increased concerns about the safety of these operations.

III.B. Public Perception

With the increase in the number of flights to many communities
conducted in airplanes with a seating capacity of 30 seats or less,
some members of the public are questioning whether they are receiving
an appropriate level of safety in small propeller-driven airplanes as
compared to the level of safety they receive in large jets. This public
concern is partly a result of the integration of commuter carriers with
major airlines under an arrangement known as code-sharing. The term
``code-sharing'' refers to the computerized airline reservation system
that lists a commuter flight in the reservation system under the same
code used by a major carrier. Code sharing arrangements range from
marketing agreements to ownership of the code-sharing partner by the
major carrier. A passenger who books with a major carrier may have a
leg of the flight automatically booked with a smaller commuter
affiliate of the major carrier. The first time the passenger realizes
this is during boarding the smaller airplane. Despite the practice of
the affiliate commuter using a similar uniform and airplane paint
scheme as the major airline, the passenger realizes that the type of
service has changed: there is a stairway off the tarmac rather than a
ramp at the terminal; there is less leg room and less room for carry-on
baggage; there is more noise; the flight is at a lower altitude; etc.
With the media attention to recent commuter accidents, the
passenger may also believe that the flight involves more risk because
the smaller airplane and its operation may not have to meet the same
safety standards. Most passengers probably do not realize that some
differences in standards are necessary because of differences in the
airplane and operation and that some of the accidents that are
categorized by the media as ``commuter'' accidents occurred in flights
that were being conducted under part 121; that is, in airplanes with
over 30 passenger seats.
As stated earlier in this notice, the differences in regulations
were initially based on differences in the types of operations and
differences in the size of airplanes; these differences in many
instances still apply. One would not expect, nor would it be feasible,
for a 6-seat airplane operated as an on-demand air taxi to meet all of
the requirements that a scheduled 350-seat transport category jet must
meet. There are inherent differences between the 6-seater and the large
jet. The 6-seater cannot accommodate all the safety equipment or
redundant systems of a large jet. On the other hand, the 6-seater may
fill a need by being more maneuverable and capable of using smaller
airports, etc.
While some of the differences in the requirements between part 121
and part 135 reflect differences in the size and operation of the
airplanes, other differences do not, such as how many hours a pilot may
fly, what emergency equipment must be carried, and what procedures must
be followed in icing conditions. Some differences between the two sets
of regulations must be maintained while others can be eliminated to
improve the safety of commuter operations.

III.C. Congressional Hearings

On February 9, 1994, Congress held hearings on the adequacy of
commuter airline safety regulations. The purpose of the hearings was to
determine if FAA safety regulations should be modified to establish a
single standard for all scheduled operations regardless of airplane
size. Testimony was presented by the FAA Administrator, the Chairman of
the NTSB, the president of the Regional Airline Association, the
president of the Airline Pilots Association, the president of the
Airline Dispatchers Federation, and the director of the Aviation
Consumer Action Project.
Most testimony supported the view that the requirements for 10- to
30-seat commuter operations should be as restrictive as those for
airplanes with 31 or more seats under part 121; that safety equipment
such as flight data recorders, ground proximity warning systems, and
Traffic Alert and Collision Avoidance System (TCAS) should be required
on airplanes used in commuter service; that pilot training should be
the same in part 135 commuter operations as is in part 121; and that
part 135 commuter operations should use a dispatch system.

III.D. NTSB Study

In November 1994, the NTSB published a study on commuter airline
safety. (National Transportation Safety Board Safety Study: Commuter
Airline Safety, NTSB/SS-94/02.) The study was based on the NTSB's
analysis of accident investigations and previous studies, on a recent
site survey of airline operations and policies conducted at a
representative sample of commuter airlines, and on information obtained
from a public forum on commuter airline safety convened by the NTSB.
The findings of the study relevant to this rulemaking are as
follows:
(1) The commuter air carrier industry has experienced major growth
in passenger traffic and changes in its operating characteristics since
1980. There has been a trend toward operating larger, more
sophisticated airplanes, and many carriers have established code-
sharing arrangements with major airlines. The regulations in part 135
have not kept pace with many of the changes in the industry.
(2) Pressure on part 135 pilots to accomplish several tasks, such
as obtaining weather information, [[Page 16233]] calculating minimum
fuel load, and calculating weight and balance, between flights in short
periods of time increases the risk of critical mistakes that could
jeopardize the safety of flight.
The key NTSB recommendations based on these findings are to revise
the FAR such that:
All scheduled passenger service conducted in airplanes
with 20 or more passenger seats would be conducted according to the
provisions of 14 CFR part 121.
All scheduled passenger service conducted in airplanes
with 10 to 19 passenger seats would be conducted in accordance with 14
CFR part 121, or its functional equivalent, wherever possible.
The FAA published all of the NTSB recommendations in the Federal
Register and requested public comments on the recommendations (59 FR
63185, December 7, 1994). Thirty-nine comments were received.
Commenters included small air carriers, trade associations, aircraft
manufacturers, airport operators, and individuals.
Of the comments relevant to this rulemaking, most generally support
expanding the operational rules of part 121, except for flight time
limitations, to commuter operations under part 135. Several commenters
express concern about specific requirements that might apply.
Commenters had considerable reservations about applying certain part
121 equipment requirements to smaller airplanes. The FAA considered all
of the comments in developing this proposed rule.

III.E. Recent FAA Actions

Recently the FAA issued a number of proposed rules that would
increase the safety of commuter operations under part 135. In August
1992, the FAA proposed a new part 142 that would contain certification
and operating rules for training centers. The purpose of that
rulemaking is to provide standardized quality pilot training for
individuals, operators, and air carriers and to increase the
accessibility of flight simulators and flight training devices for
pilot training. (57 FR 35888, August 11, 1992.) The FAA intends to
issue a final rule by May 1995.
In July 1993, the FAA proposed to amend the airworthiness standards
for normal, utility, acrobatic, and commuter category airplanes by
upgrading the requirements for seat restraint systems and increasing
the downward inertia load factor for items of mass within the cabin.
The proposal also would upgrade the flammability standards for seat
cushions in airplanes used by commuter operators. These proposed
amendments would improve the occupant protection provisions for these
types of airplanes and would provide seat restraint requirements and
flammability standards commensurate with those for transport category
airplanes. (58 FR 38028; July 14, 1993) The FAA received an additional
report on commuter airplane accident data analysis in October 1994.
Based on the fact that General Aircraft Manufacturers Association had
requested additional information be made available before the NPRM was
published, a notice to reopen the comment period was issued October 28,
1994, and published November 4, 1994. The reopened comment period
closed March 4, 1995.
In December 1994, the FAA proposed to revise the training and
qualification requirements to require certificate holders that conduct
commuter operations under part 135 with airplanes requiring two pilots
or having 10 or more passenger seats to comply with the part 121
training, checking, and qualification requirements. The proposed rule
would also mandate crew resource management training for pilots,
dispatchers, and flight attendants in part 121. (59 FR 64272, December
13, 1994) The FAA intends to issue a final rule by mid 1995.
While these measures along with the earlier amendments to part 135
continue to make the requirements between parts 121 and 135 similar,
some differences remain. Eliminating these differences would increase
safety in commuter operations.

IV. The Proposal

The FAA proposes in this rulemaking to eliminate the differences in
requirements for scheduled passenger operations using airplanes with a
passenger-seating configuration of 10 or more. While a distinction
still exists between large air carriers and on-demand air taxis, the
FAA believes that the distinction should no longer be maintained for
scheduled passenger operations and that all scheduled operations in
airplanes with a passenger-seating configuration of 10 or more should
comply with part 121 requirements. In addition, the FAA proposes that
all turbojets used in scheduled passenger-carrying operations under
part 135 comply with part 121 requirements regardless of seating
capacity.
The FAA Administrator, when prescribing safety regulations, is
required by statute to consider ``the duty of an air carrier to provide
service with the highest possible degree of safety in the public
interest.'' (49 U.S.C. 44701(d)(1)(A)) The FAA considers that the most
appropriate way to meet this statutory mandate and to reduce the
accident rate for current part 135 commuters operating airplanes with
10 to 30 passenger seats is to require scheduled passenger operations
in those airplanes to meet most of the minimum requirements of part 121
that are relevant to the type of operation and size of the airplane.
Typically, the FAA revises safety regulations when specific events
(such as accidents or incidents) indicate a need to raise or adjust
certain standards. In most instances when standards are revised the FAA
can discuss specific reasons for each change and can estimate whether
each change is cost beneficial. This proposed rulemaking does not lend
itself to this type of item by item justification and cost benefit
analysis because it is difficult to precisely state which rule, in
isolation from other rules, will prevent an accident or incident.
The numerous proposed revisions that would result from requiring
affected part 135 commuter operators to comply with most part 121
requirements cannot readily be evaluated according to specific
accidents that would be prevented. The FAA is proposing to apply much
of the part 121 requirements on affected part 135 commuters because the
agency believes that for those commuters the part 121 approach is
appropriate for the type of operations these affected commuters conduct
and that the part 121 approach to safety will reduce the accident rate
for those operators. The proposed revisions cumulatively would increase
the level of safety by requiring certain improvements in flightcrew
qualifications, cabin safety equipment and cabin materials, airplane
preformance requirements, aircraft operational control, and aircraft
maintenance. Some proposed requirements would be simply a necessary
part of the overall revision. For example, compliance with the manual
requirements of part 121, which are similar to the requirements for
affected commuters in part 135, would necessitate developing,
producing, and distributing new manuals to reflect the many operational
changes that would result. A dispatch system, for example, would
require numerous manual changes. Compliance with the manual
requirements simply reinforces many safety requirements found
elsewhere. It also sets forth the operator's approved procedures for
dealing with various situations. The impact of such a change cannot be
evaluated separately in terms of accidents prevented, but manual
[[Page 16234]] changes are an essential part of changing a part 135
operation to a part 121 operation.
Other revisions, such as requirements for certain cabin safety
equipment and materials, are cumulative; that is, each requirement
works as part of the overall change to increase the survivability rate
in accidents. Increasing the safety level, including passenger
survivability in accidents, is the result of many distinct requirements
associated with emergency equipment, crewmember training, passenger
briefing, and aircraft interior design. Over time, these improvements
in cabin safety have saved many lives, prevented injuries, and
prevented damage to property, though it would be almost impossible to
determine how many lives have been saved or injuries prevented by any
specific requirement. The basic justification for many of these
requirements is that they make sense if the goal is to get passengers
out of an accident alive.
The same is true for many of the proposed revisions in this
rulemaking. The overall approach to regulating under part 121 has
proven to provide the highest level of safety in air transportation in
the world. Therefore, wherever feasible and logical, the FAA proposes
to apply the part 121 approach to the affected commuters in order to
increase safety in these operations. Because the accident rate for part
135 commuters using aircraft configured with 10-30 seats is .33 per
100,000 departures, these proposed changes will yield safety benefits
that outweigh costs even if the rule is only 75% effective.

V. Major Issues [See Table 1]

In the development of this rulemaking, the FAA addressed several
major issues. One of these issues is applicability, the question of
where to draw the dividing line for commuter operations. Currently
scheduled passenger-carrying operations in airplanes with a passenger-
seating configuration of more than 30 seats must comply with part 121
requirements. Commuter operations under part 135 include scheduled
passenger-carrying operations in airplanes of 30 seats or less. While
this proposal is drawing the part 121 dividing line at scheduled
passenger-carrying operations using airplanes having a passenger-
seating configuration of 10 or more, it can be argued that all
passenger-carrying airplane operations under part 135, including on-
demand air taxi operators, should meet the safety requirements of part
121. Another major issue is aircraft type certification. Some of the
airplanes being affected by this rulemaking are type certificated under
part 23 requirements for commuter category airplanes (or earlier
versions--SFAR 23 or 41), which are in some respects less stringent
than the requirements in part 25 for transport category airplanes. The
issue is whether all airplanes used by affected commuters should be
type certificated under part 25 as transport category airplanes, so
that at some point in the future only part 25-certificated airplanes
could be used in scheduled passenger-carrying operations. The FAA also
considered several issues connected with operational safety. These
issues include airmen qualifications, crew flight time requirements,
the need for dispatch systems, and compliance with safety equipment
requirements. The FAA also considered the issue of operating into and
out of airports that do not meet part 139 (Certification and
Operations: Land Airports Serving Certain Air Carriers) requirements.

Table 1.--Summary of Modifications Considered
----------------------------------------------------------------------------------------------------------------
Effective date of required upgrade is as stated, Upgrade will apply to all Upgrade will Upgrade will
measured from the rule publication date airplanes including new and apply to apply to future
-------------------------------------------------- future certificated newly certificated
------------------------------- manufactured airplanes
and future -----------------
certificated
Issue/Requirement W/I 12 months W/I years airplanes
(#) -------------- After 3/24/95
After years#
----------------------------------------------------------------------------------------------------------------
1. Passenger Seat Cushion Flammability........... ................ 2 ............ ................
2. Cargo and Baggage Compartments................ ................ ........... 4 ................
3. Fuel Tank Access Covers....................... ................ ........... ............ Yes.
4. Lavatory Fire Protection...................... ................ 2 ............ ................
5. Access to Emergency Exits..................... ................ ........... ............ Yes.
6. Ditching Emergency Exits...................... ................ 2 ............ ................
7. Two-discharge Fire Extinguishers.............. ................ ........... ............ Yes.
8. Damage Due to a Failed Prop. Blade............ ................ ........... ............ Yes.
9. Bird Strike Damage............................ ................ ........... ............ Yes.
10. Flammability of Interior Materials........... ................ ........... 4 ................
11. Dynamic Seat Testing......................... ................ ........... ............ Yes.
12. Floor Proximity Lighting..................... ................ 2 ............ ................
13. Redundant Control Systems.................... ................ ........... ............ Yes.
14. Exterior Emergency Exit Markings............. Yes............. ........... ............ ................
15. Separation of Pitot Tubes.................... ................ ........... ............ Yes.
16. Pitot Heat Indication System................. ................ 4 ............ ................
17. Landing Gear Aural Warning................... ................ 2 ............ ................
18. Takeoff Warning System....................... ................ ........... 4 ................
19. Self Locking Nuts, Fasteners................. ................ ........... ............ Yes.
20. Dual Control System.......................... ................ ........... ............ Yes.
21. Reinforcement Near Propellers................ ................ ........... ............ Yes.
22. Exterior Emergency Lighting.................. ................ 2 ............ ................
23. Emergency Exit Handle Illumination........... ................ 2 ............ ................
24. Performance & Obs. Clearance................. Yes............. ........... ............ ................
25. Accelerate-stop Requirements................. Yes............. ........... ............ ................
26. First Aid Kits-new req., 10-19 Pax........... Yes............. ........... ............ ................
27. Emergency Medical Kits, 20-30 Pax............ Yes............. ........... ............ ................
28. Wing Ice Light............................... Yes............. ........... ............ ................
29. Fasten Seat Belt Light....................... Yes............. ........... ............ ................

[[Page 16235]]30. Third Attitude Indicator....... Yes............. ........... ............ ................
31. Airborne Weather Radar....................... Yes............. ........... ............ ................
32. Protective Breathing Equipment............... ................ 2 ............ ................
33. Single Point Inertial Harness................ ................ ........... 1 ................
34. Cabin Ozone Concentration.................... Yes............. ........... ............ ................
35. Retention of Galley Equipment................ Yes............. ........... ............ ................
36. Transponders................................. Yes............. ........... ............ ................
37. Cargo in Pax Compartment..................... Yes............. ........... ............ ................
38. Two Landing Lights........................... ................ ........... ............ Yes.
----------------------------------------------------------------------------------------------------------------

V.A. Applicability

The FAA is proposing that in addition to the operations already
covered by part 121, those requirements would apply to all scheduled
passenger-carrying operations for compensation or hire in airplanes
with a passenger-seating configuration of 10 or more seats and to all
scheduled passenger-carrying operations for compensation or hire in
turbojet-powered airplanes regardless of seating capacity. (Throughout
this document operators of those airplanes may be referred to as ``the
affected operators'' or ``the affected commuters'' or words to that
effect.) The proposed dividing line would bring most commuter
operations now conducted under part 135 into part 121. There are
scheduled operations using airplanes of less than 10 passenger seats
conducted under part 135 but they typically occur in geographic areas
such as Alaska and Hawaii where air transportation is virtually the
only feasible mode of transportation and where the operational
environment is unlike other air transportation environments. They
typically are short-haul operations often carrying only four to six
passengers. They resemble air taxi operations more than commuter
operations even though the flights are scheduled.
The NTSB, as stated earlier in this preamble, recommends that the
FAA revise the regulations so that all scheduled passenger service in
airplanes with 20 or more passenger seats be conducted under part 121
and that scheduled passenger service conducted in airplanes with 10 to
19 passenger seats be conducted under part 121 or its functional
equivalent wherever possible. This proposal is in line with the NTSB
recommendation. While all certificate holders operating airplanes in
scheduled passenger-carrying operations with a 10 or more passenger
seat configuration would come under part 121, if compliance with
certain requirements would not be feasible for certain airplanes, the
proposed rule would provide an exception or appropriate alternate
standards. (All significant exceptions are specifically covered in the
subpart discussion of this preamble.)
The proposed rule would also change the definition of
``scheduled.'' The frequency of operations test of five round trips per
week would be eliminated. For a discussion of this issue, see the part
119 discussion in section VI.A of this preamble.
All turbojets used in scheduled passenger-carrying operations,
regardless of the seating configuration, would be moved over to part
121 because the typical type of operation of these airplanes warrants a
higher safety standard. The FAA believes that currently no turbojets
are being used in scheduled passenger-carrying operations under part
135 and that this part of the proposed applicability would not affect
any current operator. The FAA seeks comments on whether any turbojets
are being operated in scheduled passenger-carrying operations under
part 135 and would be affected by this rulemaking.
On-demand air taxi operations are not being included in the
proposal because these operations are unlike commuter or major air
carrier operations. In addition, the NTSB recommendations and the
accidents that spawned this rulemaking involve only commuter
operations. Any part 135 certificate holder who conducts on-demand
operations could be authorized to conduct its operations under certain
part 121 rules [see proposed section 119.21(c)].
Single-engine airplanes are not included in the proposed rule
because part 121 applies only to multiengine airplanes. Single-engine
airplanes would continue to operate under part 135 whether scheduled or
not. However, part 135 would apply to scheduled passenger-carrying
operations with airplanes with a seating capacity of 9 or less
passenger seats. Therefore, single-engine airplanes with a seating
capacity of more than 9 passenger seats would also be prohibited from
conducting scheduled operations under part 135. In effect, this
rulemaking would require single-engine airplanes with 10 or more
passenger seats now operated in scheduled passenger-carrying operations
under part 135 to reduce the passenger-seating capacity to 9 or less.
Single-engine airplanes that are used in nonscheduled operations in
common carriage may continue to operate under the on-demand rules of
part 135.
The primary impact on the use of single engine-airplanes would be
on operations in Alaska. The FAA specifically requests comments on the
potential impact on Alaskan operations. Comments should contain as much
factual information as possible and should address possible alternative
requirements where the commenter believes that this proposal would
cause unjustified limitations on current airplane operations in Alaska.
Rotorcraft operations would remain under part 135; however,
additional standards for scheduled passenger-carrying rotorcraft
operations may be considered at a future date. Also, additional
standards for on-demand air taxi operations may be considered in the
future.

V.B. Aircraft Certification

Airplanes operated under part 121 are type certificated under part
25 (or a predecessor or are subject to special airworthiness
requirements in part 121), [[Page 16236]] which specifies airworthiness
standards for transport category airplanes. Those airplanes operated
under part 135 that have a passenger-seating configuration of 20 to 30
seats are also type certificated under part 25. Other airplanes
operated under part 135 are permitted to be type certificated under
part 23, which specifies airworthiness standards for normal, utility,
acrobatic, and commuter category airplanes. Airplanes operated under
part 135 and having a passenger-seating configuration of 10 to 19 seats
are type certificated under the commuter category airworthiness
standards of part 23 (or a predecessor to commuter category airplanes,
e.g., SFAR 23, SFAR 41). To be type certificated under the normal
category of part 23, the airplane must have a maximum certificated
takeoff weight of less than 12,500 pounds. Nothing prohibits a
manufacturer from type certificating a 10- to 19-seat airplane under
part 25.
An applicant for type certification of a turbopropeller-powered
airplane with a passenger seating capacity of 19 or less passenger
seats has the option of requesting type certification in either the
commuter category under the provisions of part 23 of the FAR or the
transport category under the provisions of part 25 of the FAR. Commuter
category type-certification standards differ in some areas from the
corresponding transport category type-certification standards. In some
of those areas, airplanes with a passenger seating capacity of 19 or
less passenger seats can achieve the same level of safety without full
compliance with the standards of part 25 because of their size,
airspeed, or other pertinent parameters.
In the interest of establishing a common approach for all airplanes
with 10 or more passenger seats used in scheduled passenger-carrying
operations under part 121, the FAA proposes to amend part 121 to
require all airplanes for which an application for type certification
is made after March 24, 1995, including those with 10- to 19-passenger
seats, to be type certificated in the transport category if they are
operated in scheduled passenger operations. In order to ensure that
this proposed change would not place any undue burden on an applicant
for type certification of airplanes that could otherwise be type
certificated in the commuter category, the FAA plans to review the
standards of parts 23 and 25. If it is determined that the level of
safety intended by part 25 could be achieved for those airplanes with
19 or fewer passenger seats through compliance with a particular
standard of part 23 in lieu of the corresponding standard of part 25,
part 25 would be amended to offer the part 23 standard as an option.
Areas identified for further review in this regard include:

Sec. 25.21(f) Measurement of wind 10 meters above the surface,
Sec. 25.251 Vibration and buffeting,
Sec. 25.361 Engine torque,
Sec. 25.812(b) Exit sign size, and
Sec. 25.812(l) Inoperative lighting.

The FAA specifically requests comments concerning the above
subjects and standards of part 23 commuter category that could be
considered as optional standards for part 25. It must be emphasized
that any standard adopted as an option must achieve the same level of
safety as that currently intended by part 25. Although this study is
prompted by the 10- to 19-passenger airplanes that would be operated
under part 121, any changes made to part 25 in this regard would apply
to type certification of each 10- to 19-passenger airplane in the
transport category. Any changes to part 25 that are deemed appropriate
would be the subject of a future notice of proposed rulemaking.
The FAA also proposes that airplanes configured with 10- to 19-
passenger seats already in service or manufactured in the future under
an already existing part 23 commuter category type certificate would
have to comply with certain performance and equipment requirements in
part 121. Some of these part 121 requirements would be based on part 25
requirements. The FAA proposes specific compliance dates, recognizing
that for some airplanes the cost of retrofitting may result in
discontinuing use of the airplane and replacing that airplane with a
part 25 certificated airplane.

V.C. Flight Time Limits and Rest Requirements

Subpart Q of part 121 establishes the flight time limits and rest
requirements for flight crewmembers used by domestic air carriers.
Flight time limits and rest requirements for flight crewmembers used by
flag and supplemental operators are established in subparts R and S,
respectively. The comparable limits in part 135 are in subpart F.
In 1985 (50 FR 29319; July 18, 1985), the FAA issued changes to the
flight time limitation and rest requirements in parts 121 and 135.
These changes clarified and improved the flight time limits and rest
requirements in part 121 for domestic operations and for the first time
established cumulative weekly, monthly, and annual flight time
limitations in part 135. The flight time limitations for scheduled
operations under part 135 are less restrictive than those for domestic
part 121 operations. Currently under part 121, domestic flight time
limits (Sec. 121.471) are 1,000 hours per calendar year, 100 hours per
calendar month, and 30 hours in any consecutive 7 days. Flag flight
time limits (Sec. 121.481) are 1,000 hours per 12-calendar-month
period, 100 hours per calendar month, and 32 hours in any 7 consecutive
days. Under part 135 (Sec. 135.265), scheduled passenger-carrying
operations must comply with flight time limits of 1,200 hours per
calendar year, 120 hours per calendar month, and 34 hours in any 7
consecutive days.
For comparison purposes:

------------------------------------------------------------------------
121 domestic 121 flag 135
------------------------------------------------------------------------
1,000.................. 1,000 1,200
100.................... 100 120
30..................... 32 34
------------------------------------------------------------------------

At the time these rules were issued, the FAA believed that the less
restrictive cumulative flight time limits of part 135 were acceptable
because part 135 operators had not previously had any cumulative
limitations and the less restrictive limits allowed for some
flexibility for operations that necessitated more flight hours during
peak seasons.
There is no longer a justification for the difference in cumulative
flight time limits between commuter operations conducted under part 121
and those conducted under part 135. Both types of operators are
conducting similar types of operations in similar environments. In some
instances the same operator is flying operations under both parts 121
and 135 and applying the less restrictive flight time limits for its
part 135 operations. The only significant differences are in the size
of the airplanes and the number of passengers, differences that do not
justify less restrictive flight time limits for crewmembers.
Therefore, the FAA proposes that the part 121 domestic flight time
limits and rest requirements would apply to affected commuter operators
when conducting operations within the United States. Affected commuter
operators when conducting operations to or from the United States would
comply with the flag flight time limitations and rest requirements of
subpart R.
Additionally, when these operators use these same airplanes for
nonscheduled operations, those airplanes would be required to comply
[[Page 16237]] with supplemental flight time limitations and rest
requirements of subpart S of part 121. (See the discussion under part
119 of the preamble for further information on flag and supplemental
operations.)
The flight time limitations and rest requirements for flag and
supplemental operations were not updated in 1985 when domestic limits
were. In view of this, the FAA is developing an NPRM that it plans to
issue in mid-1995 that would set forth a common approach to reduce the
effects of fatigue on crewmembers in all kinds of operations under
parts 121 and 135.
Section 135.261(b)(1) allows scheduled passenger-carrying
operations conducted solely within the State of Alaska to comply with
the nonscheduled limitations of part 135. This rulemaking does not
propose to include an exception for Alaska under part 121 flight time
limits. This proposal, in effect, would eliminate this option in Alaska
for scheduled passenger-carrying operations of airplanes with 10 or
more passenger seats. The FAA believes this is necessary because pilots
in Alaska are flying in the same type of scheduled operations as pilots
in other parts of the country and are subject to the same fatigue
factors. The FAA does, however, recognize that Alaskan operations pose
certain unique problems, and the FAA requests comments on alternatives
that could be considered.

V.D. Age 60 Rule

Section 121.383 prohibits a certificate holder from using the
services of any person as a pilot on an airplane engaged in operations
under part 121 if that person has reached his or her 60th birthday and
prohibits any person from serving as a pilot on an airplane engaged in
part 121 operations if that person has reached his or her 60th
birthday. Part 135 does not have any age limitation. The FAA proposes
to impose one age limit on all pilots employed in part 121 operations,
including those pilots currently employed in certain part 135 scheduled
operations.
The Age 60 Rule, as the requirement has come to be known, has been
the subject of considerable attention by the FAA, pilot groups, and
others. The FAA is presently considering whether, in the interest of
safety, the Age 60 rule should be maintained as is or revised to allow
pilots to continue to fly in part 121 operations past their 60th
birthday. If the FAA determines that it is appropriate to propose a
different age limitation, it will propose to apply the revised
limitation to all part 121 operations, including those commuter
operations affected by this rule.

V.E. Dispatch System

Parts 121 and 135 require operators to exercise operational control
over all flights conducted by the operator. Operational control is
defined in 14 CFR part 1 as ``the exercise of authority over
initiating, conducting and terminating a flight.'' Operational control
consists of making decisions and performing activities on a daily basis
which are necessary to operate specific flights safely. These
activities include, but are not limited to, crew and airplane
scheduling, reviewing weather and NOTAM's (Notices to Airmen), and
flight planning. Operational control systems vary according to the kind
of operation, the complexity of operations, and the means of
communication used to exercise operational control. Parts 121 and 135,
in pertinent part, provide for three general types of operational
control systems: Aircraft dispatch, flight following, and flight-
locating systems.
While part 121 requires certificate holders conducting domestic and
flag operations to have aircraft dispatch systems to exercise
operational control of flights, part 135 does not. A certificate holder
that conducts domestic or flag operations under part 121 must use a
certificated aircraft dispatcher. The aircraft dispatcher in
conjunction with the pilot in command (PIC), establishes the flight
plan and monitors the flight from flight release to flight completion.
The aircraft dispatcher provides the PIC with information on weather
changes, fuel level, weight and balance, and destination airport
conditions and capabilities; and, jointly with the PIC, makes decisions
affecting the continuing safety of the flight. Under part 135
operations the PIC is typically responsible for these operational
control functions. The following sections describe the three types of
operational control in the FAR.
Aircraft Dispatch Systems. Section 121.395 requires operators
subject to the flag or domestic rules of part 121 to use certificated
aircraft dispatchers who, along with the PIC, under Secs. 121.533 and
121.535, are jointly responsible for exercising operational control
over certain aspects of flights. A PIC may not initiate or continue a
flight unless both the PIC and the aircraft dispatcher controlling the
flight agree that the flight can be conducted safely as planned under
reported and forecast conditions. The FAR require that both the
aircraft dispatcher and the PIC sign a dispatch release. Section
121.463 requires that each aircraft dispatcher be familiar with all
essential operating procedures for that segment of the operation over
which he or she exercises dispatch jurisdiction. Before dispatching any
flight, an aircraft dispatcher must be thoroughly familiar with the en
route and terminal weather conditions and the status of communications,
navigation, and airport facilities. Section 121.601 requires that the
aircraft dispatcher provide the PIC with a preflight briefing on each
of these items. An aircraft dispatcher must monitor the progress of
each flight under the dispatcher's control until the flight has landed
or passed beyond the dispatcher's area of control or until the
dispatcher is relieved by another dispatcher. Flight monitoring, at a
minimum, must include monitoring the flight's fuel supply, remaining
flight time, terminal weather trends, en route winds and weather, and
the status of airport and navigational facilities. Section 121.99
requires that rapid and reliable two-way radio communications between
each flight and the dispatcher be available at any time in the flight.
Once initiated, a flight must continue to its destination as planned
and in accordance with the conditions of the dispatch release unless,
in the opinion of either the PIC or the dispatcher, it is unsafe to do
so. In such cases, the dispatch release must be amended. Section
121.557 authorizes the PIC to deviate from the conditions of the
dispatch release to the extent necessary for safety in an emergency.
When the PIC exercises this authority, the regulation requires the PIC
to keep both air traffic control (ATC) and dispatch fully informed of
the progress of the flight.
Flight Following Systems. Operators subject to part 121
supplemental rules (charter operations, all-cargo operations, etc.) are
not required to have dispatch systems because such systems are
impractical for operators who do not fly to the same destinations on a
scheduled basis. Section 121.537 requires operators who are subject to
the supplemental rules of part 121 to place the major responsibility
for operational control of flights with the director of operations. The
director of operations may delegate authority for the control of the
flight to other employees (known as flight followers). Flight following
personnel are not required to be certificated aircraft dispatchers.
Under a flight following system, PIC's are responsible for preflight
planning and for the safe conduct of the flight. A PIC may not begin a
flight unless the PIC is thoroughly familiar with reported and forecast
weather conditions on the route [[Page 16238]] to be flown and has
obtained all available reports on airport conditions and irregularities
of navigation facilities that may affect the safety of the flight. A
flight release specifying the conditions under which the flight will be
conducted is prepared and signed by the PIC before the flight may
depart. Section 121.597(b) prohibits the PIC from signing the release
until the director of operations or the flight follower, if delegated
the authority, concurs that the flight can be safely conducted as
planned. During the flight the PIC must obtain any additional available
information on meteorological conditions and navigational and airport
facilities that may affect the safety of the flight. The operator is
responsible for ensuring that the PIC has the means to obtain this
information. The operator is not required to provide the capability for
inflight radio communications between the director of operations or
flight follower and the PIC. The director of operations is responsible
for monitoring the progress of each flight from its point of origin to
its arrival at the destination.
Flight Locating Systems. While Sec. 135.77 requires that each
operator exercise operational control, part 135 does not specify a
particular means of exercising continuous operational control of all
aspects of the flight. Since part 135 operations range from visual
flight rule operations in simple airplanes to extended overwater
operations in jet transport airplanes, the regulations allow the
operator to use a means that is appropriate to the operating
conditions. Part 135 does not require operators to prepare a formal
release authorizing a specific flight. Section 135.69 requires that the
operator restrict or suspend operations when either the PIC or the
operator becomes aware of a hazardous condition. The operator's manual
must provide for adequate briefing and trip planning procedures to
ensure that all safety requirements are fulfilled. Part 135 operators
commonly delegate release authority to PIC's. Section 135.79 requires
that each operator maintain at least a flight locating system for those
flights for which an FAA flight plan is not filed. The system must
provide for the timely notification of an FAA facility or a search and
rescue facility if an airplane is overdue or missing. Part 135
operators may require PIC's to file ATC flight plans as a means of
complying with this requirement. Part 135 operators are not required to
have the capability to contact flights while they are airborne. Part
135 does not specify the qualifications or titles of individuals
authorized to release or follow flights.
FAA Dispatch Proposal. For scheduled passenger-carrying operations,
the safest means for maintaining operational control is an aircraft
dispatch system. This allows for information relevant to the flight to
be accessed and passed on to the pilot throughout the flight. It also
provides the pilot with verification of pilot calculations related to
weight and balance, fuel load, etc., since these detailed calculations
are also performed by the aircraft dispatcher. Weather changes en
route, airport and airport facility, and other essential information is
made available to the pilot through the dispatcher. If an inflight
emergency occurs, the pilot and the dispatcher can communicate on the
safest measures to follow.
While the safety benefits of a dispatch system are significant,
there is substantial cost involved in establishing a dispatch system
because dispatchers must be hired and trained and dispatch centers and
equipment must be available for communicating. In addition, some part
135 operators who would be subject to part 121 requirements as a result
of this rulemaking already use an aircraft dispatch system.
The Congressional hearings on commuter operations included
presentations directly related to requiring dispatchers for commuter
operations conducted under part 135. Arguments for part 135 dispatchers
included the following: (1) NTSB said that a lack of direct management
oversight and inexperienced crews may have contributed to some part 135
commuter accidents and that a dispatcher may provide an additional
safety enhancement; (2) the Airline Dispatchers Federation (ADF) said
that dispatchers can prevent accidents by assisting the pilot with
preflight planning and providing safety information throughout flights.
ADF added that using dispatchers would not be costly because carriers
would save fuel. They also said that sufficient staff may already exist
to handle dispatcher duties. ADF representatives testified that pilots
should fly the airplane and let dispatchers take over some of the
traditional pilot workload (e.g., flight planning to include fuel
planning, weather checks, weight and balance calculations).
Contrary to ADF's suggestion about dispatchers taking over some of
the pilots' work load, the FAA believes that, although the aircraft
dispatcher initially performs certain calculations, the pilot is still
required to check the dispatcher's calculations before flight. The
redundancy of the dispatch system provides assurance that the
calculations are accurate. This is especially important in fast turn-
arounds, common in commuter operations.
The NTSB safety study on commuter airline safety (as cited earlier)
reports that for 20 commuter airlines that were surveyed: 4 provide
licensed dispatch services (these 4 also conduct part 121 scheduled
operations); 16 provide weather information to the pilot at each
station through computerized services, station agents, or ramp
personnel; at 19 airlines, the pilots calculate weight and balance for
each flight; and at 11 airlines, the pilots are responsible for
calculating the minimum fuel load for each flight.
The NTSB found that pressures on part 135 pilots to accomplish
several tasks--such as obtaining weather information, calculating
minimum fuel load, and calculating weight and balances--between flights
in short periods of time increase the risk of critical mistakes that
could jeopardize safety.
Pilot responses to questions in the survey about dispatch services
and comments made during a public forum conducted by NTSB indicated
that it was extremely difficult for the pilots to accomplish the tasks
correctly in the amount of time they had during turn-arounds. Pressure
to perform the tasks rapidly is most extreme for newly employed
captains and first officers who are concerned that their performance
evaluations will suffer if they are responsible for flight delays.
Pilots reported that they would feel more confident if their weight and
balance and fuel calculations were verified by a trained and licensed
dispatcher.
The NTSB safety study recommendations include requiring principal
operations inspectors to periodically review air carrier flight
operations policies and practices concerning pilot tasks performed
between flights to ensure that carriers provide pilots with adequate
resources (such as time and personnel) to accomplish those tasks. (NTSB
recommendation A-94-193)
To correct these identified problems, the proposed rule would
require all affected commuters to meet all part 121 dispatch
requirements, including dispatcher qualification requirements,
recordkeeping, and flight release requirements. Affected commuters who
would conduct some nonscheduled flights under part 121 supplemental
rules could use a flight following method for the nonscheduled flights.
[[Page 16239]] The FAA does, however, recognize that Alaskan operations
pose certain unique problems, and the FAA requests comments on
alternatives that could be considered.

V.F. Major Equipment Items

Part 121, subpart K, contains certain equipment requirements for
airplanes operated under that part. Some of these items of equipment
are considered major because they are relatively costly to buy and
install and they provide major safety benefits. These items include
flight data recorders (Secs. 121.343 and 135.152), traffic alert and
collision avoidance system (Secs. 121.356 and 135.180), airborne
weather radar (Secs. 121.357 and 135.173), low altitude windshear
(Sec. 121.358), and cockpit voice recorders (Secs. 121.359 and
135.151). Of the above items, airborne weather radar is the only
equipment requirement that would be added for 10- to 19-passenger-
configurated airplanes under this proposal. Each major equipment
requirement affected or not affected by the proposed rule is discussed
below.
Flight Data Recorders (FDR). FDR are required in part 121 for all
large airplanes. Stated simply, the regulations require operators to
equip certain airplanes at specified times with digital FDR that have
6, 11, or 17 data parameters depending on the date of type
certification or manufacture of the airplane. FDR are required in part
135 for multiengine turbine-powered airplanes with a passenger-seating
configuration of 10 to 19 seats that were brought on to the U.S.
register after October 11, 1991. This means that airplanes manufactured
after that date or brought into the country and registered after that
date must have FDR, but airplanes previously registered do not have to
be retrofitted with FDR. Airplanes having a passenger-seating
configuration of 20 or more seats must be equipped with FDR no matter
when they were registered.
FDR are an essential tool for determining the causes of airplane
accidents. As cockpit technology has advanced FDR have been developed
to capture more information on the flight characteristics of an
airplane and thereby yield more helpful information in determining the
causes of accidents.
Concurrent with this rulemaking, the FAA had determined that the
FDR regulations in part 121 need to be updated to address technological
advances in airplanes and FDR equipment. The FAA had made a preliminary
decision to issue a proposal on FDR in the near future. Subsequent to
its review, the NTSB, on February 22, 1995, issued three
recommendations concerning FDR changes, and a public meeting is
scheduled for April 20, 1995. In light of these developments, it would
not be prudent to require affected operators to comply with current
part 121 requirements at this time. This proposal would therefore
maintain the status quo on FDR requirements, pending future rulemaking.
Traffic Alert and Collision Avoidance System (TCAS). Both parts 121
(Sec. 121.356) and 135 (Sec. 135.180) require TCAS. Section 121.356(a)
requires TCAS II with an appropriate class of Mode S transponders for
airplanes with more than 30 seats. Section 121.356(b) requires
passenger or combination cargo/passenger airplanes with seating
configurations of 10 to 30 seats to have an approved TCAS by December
31, 1995 (59 FR 67584; December 29, 1994).
In both part 121 and part 135, a TCAS II System installed in a 10-
to 30-seat airplane must be capable of coordinating with TCAS units
that meet TSO C-119.
Section 121.356(c) requires that the manuals required by
Sec. 121.131 shall contain certain information in the TCAS II System.
Section 135.180(b) has a similar requirement stating that the flight
manual required by Sec. 135.21 shall contain certain information on
TCAS I.
Since the requirements for 10- to 30-seat airplanes are
substantially the same, affected commuters would be able to comply with
the part 121 requirements. The manual requirements in part 121 would be
updated to apply to TCAS I as well as TCAS II.
Airborne Weather Radar. Section 121.357 requires an approved
airborne weather radar on all transport category airplanes. Part 135
has requirements identical to part 121 for large transport category
airplanes in passenger operations (Sec. 135.175), but part 135
requirements are less restrictive for airplanes with a passenger-
seating configuration of 10 to 19 seats (that is, nontransport
category) (Sec. 135.173). These airplanes may have either airborne
weather radar or airborne thunderstorm detection equipment. Both parts
121 and 135 contain exceptions for operations in the states of Hawaii
and Alaska and parts of Canada.
While most commuters operating under part 135 probably have
airborne weather radar, some of the 10- to 19-passenger-seat airplanes
may not. Airborne weather radar provides a higher level of safety than
thunderstorm detection equipment because it provides pilots with a more
accurate presentation of the relative location and distance of
potentially severe weather conditions. Radar may be tilted up or down
to show the maximum tops of thunderstorm areas and may be adjusted to
display the relative density and strength of the area of potentially
severe weather. With radar in an aircraft it is feasible to maneuver
safely through an unanticipated entrance into severe weather
conditions.
This proposal would require all affected operators to have airborne
weather radar on their airplanes.
Low-Altitude Windshear. Low-altitude windshear equipment provides a
warning to the flightcrew if windshear is in the area and provides
guidance for avoiding windshear. Section 121.358 requires low-altitude
windshear equipment on turbine-powered airplanes. The definition in
Sec. 121.358(d)(1) for turbine-powered excludes turbopropeller-powered
and piston-powered airplanes. Part 135 does not require low-altitude
windshear equipment. Both part 121 and part 135 (Secs. 121.404 and
135.10) require windshear training for crewmembers; part 121 requires
ground and flight (simulator) training while part 135 requires ground
training.
The proposed rule would not require low-altitude windshear
equipment for turbopropeller-powered or piston-powered airplanes since
these airplanes are already excluded under the part 121 definition. The
performance characteristics of these airplanes make them better able to
escape from an inadvertent windshear encounter. The turbopropeller
engines and straighter wings of these airplanes enable lift and
acceleration to be more immediately applied, thus making the airplanes
better able to escape from inadvertent windshear encounters.
If any turbojet-powered airplane is being used in scheduled
passenger-carrying operations under part 135, it would have to comply
with the part 121 low-altitude windshear equipment requirements. The
FAA requests information on any operator who would be affected by this
requirement.
Cockpit Voice Recorders (CVR). CVR provide accident investigators
with information about the flight which helps to determine the cause of
an accident or incident and thereby helps to prevent future accidents.
Section 121.359 requires CVR on all large turbine-engine-powered
airplanes and on large pressurized airplanes with four reciprocating
engines. Section 135.151(a) requires one standard of CVR on all
multiengine turbine-powered airplanes or rotorcraft having a passenger-
seating configuration of six or more and for which two pilots are
required by type certification, and Sec. 135.151(b) requires another
standard [[Page 16240]] for all multiengine turbine-powered airplanes
or rotorcraft having a seating configuration of 20 or more seats.
The proposed rule would not change current CVR requirements. These
standards, updated in 1988, continue to be appropriate to the types of
operations involved. The requirements now in part 135 for 10- to 19-
seat airplanes would be incorporated into part 121 under the proposed
rule.

V.G. Airports

Section 121.590 requires that no air carrier or pilot conducting
operations under part 121 may operate an airplane into a land airport
in the U.S. (or territory, etc.) unless the airport is certificated
under 14 CFR part 139. Section 135.229 states that no certificate
holder may use any airport unless it is adequate for the proposed
operation.
Part 139 prescribes regulations governing the certification and
operation of land airports that are served by any scheduled or
nonscheduled passenger air carrier operating airplanes with a seating
capacity of more than 30 passengers. Therefore, part 135 commuter
operators may use airports that are not FAA certificated.
Part 139 contains requirements for aircraft rescue and fire
fighting equipment, airport guidance signs, airfield inspection
procedures, airport staff training, airfield discrepancy reporting
(Notices to Airmen), airfield pavement maintenance standards, emergency
plans, snow and ice control plans, and runway and taxiway standards.
The statutory authority for the FAA to certificate airports, as
specified in 49 U.S.C. 44706(a), limits that authority to an airport
``that serves an air carrier operating aircraft designed for at least
31 passenger seats.'' The NTSB has recommended that the FAA seek
legislative expansion of the statute to include in the Airport
Certification Program all airports served by air carriers that provide
scheduled passenger carrying service and revise part 135 to permit
scheduled passenger operations only into airports certificated under
the standards in part 139.
In response to the NTSB recommendation, the FAA in conjunction with
the Department of Transportation, is proposing legislation which would
grant the agency the authority to certificate any airport which
receives scheduled service by an air carrier utilizing airplanes
designed for 10 or more passenger seats. If approved, this legislation
would add approximately 200 airports to the FAA's airport certification
program.
Until such legislation is enacted, according to the proposed rule,
affected commuters would be permitted to operate into other than part
139 certificated airports. Should the FAA receive expanded authority
over airport certification, the FAA would, through rulemaking, propose
standards that are sufficiently flexible to cover the range of airports
presently served under part 135. These standards could not, in all
cases, be at the level currently required under part 139 for part 121
operations.
In anticipation of receiving the necessary legislative authority,
the FAA has proposed a task to the Aviation Rulemaking Advisory
Committee (ARAC). The task requests ARAC to recommend what requirements
in part 139 should be applicable to these airports. In making these
recommendations ARAC is to consider accepted industry practices
regarding airport safety, personnel available at these airports, costs
associated with meeting these requirements (e.g., capital, operating,
and maintenance costs), and the types of accidents/incidents that have
occurred at these airports. The ARAC task allows all segments of the
industry the opportunity to provide input into this effort at the
earliest stages and will serve as the basis for rulemaking if the
legislative authority is granted.

V.H. Proposed Effective Date and Compliance Schedule

The FAA proposes an effective date of 30 days and a general
compliance date of 1 year. The FAA also proposes delayed compliance
dates for certain actions as listed below. Proposed Secs. 121.2 and
135.2 set out the compliance schedule and an accelerated compliance
option, as discussed below.
Under the proposal, affected operators would comply with each
requirement in part 121 unless an exception is provided in part 121.
Therefore, it is important for affected operators to examine and
comment on the potential impact on their operations of every part 121
requirement and not just those requirements specifically discussed in
this NPRM.
It is the FAA's intention that if a final rule is adopted as a
result of this NPRM, the final rule would be published not later than
December 31, 1995, and that within 1 year of that date, that is, by
December 31, 1996, all affected operators that have air carrier
certification or operating certificates issued under part 135 at the
time of publication would have completed the approval process and
obtained new operations specifications giving them authority to conduct
domestic or flag operations under part 121.
Under this proposal, persons who submit applications for or obtain
air carrier certificates or operating certificates after 30 days after
the effective of the final rule would be required to obtain part 121
operations specifications; however, these new entrants would meet the
same requirements as the affected commuters, i.e., delayed dates for
compliance and retrofit.
The FAA proposes longer compliance dates than the proposed 1-year
general compliance date for some equipment requirements. These
requirements, which fall into two categories, retrofit requirements and
requirements for newly manufactured airplanes, are explained later in
the preamble under the applicable part 121 subpart and are set out in
proposed Secs. 121.2 and 135.2 (these two sections are identical). In
each case, the FAA has calculated the compliance time in consideration
that, even if each of the retrofits were to be started immediately, it
would take considerable time to accomplish them fleet-wide. Factors
that mitigate for a period longer than one year include:
The necessity for redesign of approved structures and
systems, and the extent of those redesigns.
The requirement to test such redesigns, including the
effect of the redesign on other systems.
The availability of FAA resources for witnessing tests and
for making findings of compliance.
The labor and airplane downtime necessary to accomplish
the retrofits.
The availability (or lack thereof) of appropriate
materials and parts, and qualified designers and installers. The short
lead times from suppliers and other entities not subject to direct
control of operators are also relevent, especially since affected
operators may be competing for the same resources.
The effect of achieving compliance of other requirements
that would be imposed by this or other rulemakings. (For example, the
compliance period for the proposed requirements for flammability for
compliant seat cushions and flotation-capable seat cushions would
coincide.)
The longer compliance times are summarized as follows:
Two-year retrofit period. The following would require to be
retrofitted within 2 years after the publication date of the final
rule:
Landing gear aural warning device (Sec. 121.289).
Ditching emergency exits requirements in Sec. 25.807(e)
(Sec. 121.293(a)). [[Page 16241]]
Lavatory fire protection (Sec. 121.308).
Floor proximity lighting, emergency exit handle
illumination, and interior and exterior emergency lighting
(Sec. 121.310 (c), (d), (e), and (h)).
Passenger seat cushion flammability and flotation
(Secs. 121.312(c) and 121.340).
Protective breathing equipment (Sec. 121.337(b)).
For example, compliance with the lavatory fire protection
requirements would include redesigning existing lavatories to
incorporate automatic fire extinguishers and other hardware, where none
had existed before. In attempting to comply with the passenger seat
cushion requirements, affected operators may end up competing for
suppliers' cushion materials. The incorporation of PBE equipment in
cockpits, where space may be scarce, may necessitate design compromises
that must be carefully evaluated.
Four year retrofit. The following would be required to be
retrofitted within 4 years after the publication date of the final
rule:
Pitot heat indication system (Sec. 121.342).
Additional factors may mitigate for proposing requirements to apply
only to newly manufactured airplanes. In addition to consideration of
the extent of redesigning and replacing existing systems and
structures, the need to revise and re-tool manufacturing processes
frequently will be relevant.
Newly manufactured within 1 year. The following would be required
of newly manufactured airplanes operated in scheduled service 1 year
after the publication date of the final rule:
Safety belts and shoulder harnesses (Sec. 121.311(f)).
Compliance with this requirement would mandate that use of each
belt and harness system, when buckled, allows each flight crewmember to
perform their duties, including reaching controls on the flight deck;
this may entail a redesign to ensure the proper crewmember-to-control
interface.
Newly manufactured within 4 years. The following would be required
of newly manufactured airplanes operated in scheduled service 4 years
after the publication date of the final rule:
Takeoff warning system (Sec. 121.293(b)).
Compartment interior flammability (Sec. 121.312(a)).
Cargo and baggage compartments (Sec. 121.314).
Compliance with the cargo and baggage compartment requirements, for
example, would involve redesigning the airplanes to incorporate
detector and extinguisher systems; in addition, new compartment liner
materials would be incorporated. Compliance would likely necessitate
the incorporation of redesigned mechanical, structural, and electrical
systems to support the new systems. Designs and materials that have
been approved for transport category airplanes may or may not ``work''
in other certificated airplanes; design and testing resources would be
expended to confirm whether they do. Space within the fuselages of
affected airplanes will likely be at a premium, thus limiting many
design alternatives. The availability of (or lack thereof) design,
part, and material support may be noticeably affected by competition
for them among several operators.
To ensure an orderly transition to part 121 operations, the FAA
proposes that a transition plan be submitted by each affected commuter
within 60 days of the publication date of the final rule. Such a plan
would enable operators to transition to part 121 operations efficiently
and methodically, while giving the FAA the information it needs to
allocate FAA inspector resources appropriately to ensure that all
affected commuters receive both help and oversight as they move to part
121 operations.
Proposed Secs. 121.2(g) and 135.2(g) set out the elements of the
transition plan. It must contain a calendar of events and show detailed
plans for obtaining new part 121 operations specifications, showing
compliance with all applicable part 121 requirements, and purchasing
and installing equipment within the time allowed for each equipment
requirement. Specific discussion of such items as developing and
implementing a dispatch system, updating manuals to meet part 121
requirements, and conducting any necessary proving tests would be
included in the plan. The plan should also address how compliance with
this rule would be coordinated with the implementation of the new rule
requiring training under part 121, subparts N and O. (See discussion
under ``FAA Related Actions,'' above.)
The FAA requests comments on the proposed effective date and
compliance schedule. The FAA encourages affected operators to achieve
compliance sooner than the 1-year general compliance date and delayed
compliance dates and would like to provide incentives that the FAA can
reasonably provide. The FAA requests comments on possible incentives
for early compliance.

VI. Discussion of Specific Proposals

VI.A. Part 119--Certification: Air Carriers and Commercial Operators:
Summary

Purpose of Part 119. Part 119 is a proposed new part that
consolidates into one part the certification and operations
specifications requirements for persons who operate under parts 121 and
135. These regulations are currently in SFAR 38-2, which replaced the
certification and operations specification requirements in parts 121
and 135 in response to the Airline Deregulation Act of 1978.
Part 119 was originally proposed in 1988 (53 FR 39853; October 12,
1988; Docket No. 25713). Based on comments received on the definition
of ``scheduled operation'' in the NPRM, the FAA published a
Supplemental Notice of Proposed Rulemaking (SNPRM) in 1993 (58 FR
32248; June 8, 1993; Docket No. 25713).
In this NPRM, the FAA is republishing the entire text of part 119
for comment because of the length of time since the first NPRM, the
number of changes that have been made to the proposed text, and the
significance of the changes to part 119 that are proposed as a result
of this NPRM.
In this section of the preamble, changes to proposed part 119 that
are the result of this NPRM are explained. Other changes to part 119
that are not related to this NPRM are discussed later in the preamble,
after the discussion of the proposed changes to parts 121 and 135.
The FAA requests comments on all aspects of part 119. However,
comments already received on the first NPRM and the SNPRM for part 119
will be considered before issuing part 119 as a final rule; therefore,
commenters do not need to repeat statements already submitted to the
FAA.
Changes to Part 119 as a Result of this NPRM. Proposed Sec. 119.3
contains definitions for the 5 kinds of operations conducted under
parts 121 and 135 (Domestic, Flag, and Supplemental in part 121 and
Commuter and On-demand in part 135). The FAA proposes to move the
affected commuters to part 121 by changing the definitions for
``Commuter operations,'' ``Domestic operations,'' and ``Flag
operations.''
The most important change to the proposed definitions of ``domestic
operations'' and ``flag operations'' is that instead of applying to
airplanes with more than 30 passenger seats, the definitions would
apply to airplanes with more than 9 passenger seats. However, scheduled
passenger-carrying operations conducted with turbojet-
[[Page 16242]] powered airplanes are defined as ``domestic
operations,'' or ``flag operations,'' regardless of the number of
passenger seats. Minor changes are also made in the part of the
definitions that specifically identify which operations are considered
``domestic'' and ``flag.'' ``Domestic operations'' generally mean
operations are conducted between points within the 48 contiguous states
and the District of Columbia, or between any two points within any
state, territory or possession of the U.S. ``Flag operations''
generally mean operations conducted between any point within Alaska or
Hawaii, or any territory or possession of the U.S., and any point
outside the U.S., Alaska, Hawaii, or possession of the U.S.--and, any
point outside Alaska, Hawaii, or any territory or possession of the
U.S. Flag operations also include operations conducted between any
point within the 48 contiguous states or the District of Columbia and
any points outside the contiguous states or the District of Columbia.
The definition of ``commuter operation'' would be changed so that
smaller airplanes used in scheduled passenger operations would be
considered commuter--those conducted with airplanes that have 9 or less
passenger seats, except for turbojet-powered airplanes, as explained
above, and those that are conducted with rotorcraft, regardless of the
size.
A change to the definition of ``scheduled operation'' may have an
effect on certain operations that are not currently considered
``commuter operations.'' Under SFAR 38-2 and as previously proposed in
part 119, the only operations that are considered commuter are those
with a frequency of operations of at least five round trips per week on
at least one route between two or more points according to published
flight schedules. Scheduled operations with a lesser frequency are
conducted under the on-demand rules. In this NPRM, the FAA proposes to
eliminate the frequency test so that an operation with as few as one
scheduled flight per week would have to be conducted under either the
commuter rules of part 135 (for airplanes configured with 9 or fewer
passenger seats) or the domestic or flag rules of part 121 (for
airplanes configured with more than 9 passenger seats). This change is
being proposed so that all scheduled passenger operators would be
required to follow the applicable rules, i.e., domestic, flag, or
commuter. The FAA is not aware of any operations that would be affected
by eliminating the frequency test and specifically requests comments on
the impact of this proposed change.
The definitions of ``on-demand operation'' and ``supplemental
operation'' have been rewritten to make it clearer which operations
fall into these categories. They have not changed significantly from
current rules or from the NPRM, except for one important difference.
This NPRM does not change the basic dividing line between on-demand and
supplemental operations (more than a 30-passenger-seat configuration or
more than 7,500 pound payload capacity is a supplemental operation),
except that if a specific airplane with a passenger-seating
configuration of 10 to 30 seats is used in domestic or flag operations
as a result of this rule, any nonscheduled operation conducted with
that airplane must be conducted under the part 121 supplemental rules,
instead of under the on-demand rules of part 135. This is necessary
because an airplane must be listed in a certificate holder's operations
specifications as either a part 121 or a part 135 airplane; it cannot
be switched back and forth between parts without a major investment of
time and resources by both the operator and the FAA. Switching between
parts entails many things, including airplane conformity checks,
equipment checks, and record checks.
Section 119.21 contains the regulatory roadmap that requires
domestic, flag, and supplemental operations to be conducted under part
121 and commuter and on-demand operations to be conducted under part
135. (See also Table 2 for a visual aid to the operating rules that
apply to different kinds of operations.) This section has been
reorganized and rewritten to make it easier to follow. It contains a
provision that allows commuter operations to be conducted under
domestic or flag rules, if the certificate holder obtains authorization
from the Administrator. Likewise, part 135 on-demand operations may be
conducted under the supplemental rules of part 121, if the certificate
holder obtains authorization from the Administrator.
Section 119.49, Contents of Operations Specifications, specifies
all of the items that are listed in each certificate holder's
operations specifications. Although no substantive changes are being
proposed for this section, affected commuters should carefully review
this section because they would need to obtain revised operations
specifications that allow them to conduct operations under part 121.
Generally, affected commuters who conduct domestic operations would
need to obtain operations specifications for domestic operations, while
affected commuters who operate internationally would need to obtain
operations specifications for flag operations. The items included in
operations specifications for commuter operations are the same as for
domestic and flag operations except that, under Sec. 119.49(a)(4),
domestic and flag operations must also list provisional and refueling
airports. Affected commuters would need to identify these airports for
their operations.

Table 2.--Operating Rules That Apply for Different Kinds of Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121
Size/weight of Part 121 domestic Part 121 flag supplemental (Not Part 135 commuter Part 135 on-demand Part 125 (Not
aircraft (Scheduled) (Scheduled) scheduled) (Scheduled) (Not scheduled) scheduled)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Airplanes (Common
Carriage):
9 No\1\............... No\1\............... No\2\............... Yes\1\.............. Yes\2\.............. No
seats and 7500 lbs.
10-30 seats and Yes................. Yes................. No\2\............... No.................. Yes\2\.............. No
7500
lbs.
>30 seats or Yes................. Yes................. Yes................. No.................. No.................. No
>7500 lbs.
Airplanes (When
common carriage is
not involved):
20 No.................. No.................. No.................. No.................. No.................. Yes
seats or 6000 lbs.
[[Page 16243]]

Rotorcraft:
Common carriage No.................. No.................. No.................. Yes................. Yes................. No
and when common
carriage is not
involved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Turbojet-powered airplanes used in scheduled passenger-carrying operations must comply with part 121 regardless of passenger seating or payload
capacity.
\2\If turbojet-powered airplanes and other airplanes with 10-30 seat configurations are used for part 121 Domestic or Flag operations, non-scheduled or
charter operations with that airplane shall be conducted under part 121 supplemental rules.

Also, current FAA policy and guidance require a 121 operator to
have detailed operations specifications for intended VFR operations.
Part 135 is more liberal in the conduct of VFR operations allowed. FAA
believes that a higher level of safety is gained by conducting
operations under instrument flight rules (IFR). Therefore IFR
operations are seen as the standard; VFR operations, although still
allowed, would be an exception approved only through operations
specifications.
Before the FAA approves an affected commuter for domestic or flag
operations and issues the new operations specifications, an FAA
inspector would need to review all of the certificate holder's
operations and procedures to ensure that the certificate holder has
made the changes necessary in its operations to comply with part 121
rules. The FAA inspector would review and approve such items as the
dispatch system, revised manuals, procedures for complying with part
121 flight time and rest requirements, completion of airplane proving
flights, etc. The FAA will provide guidance to the affected commuters
so that they can prepare for this approval process.
Requirements for the types and qualifications of management
personnel for parts 121 and 135 operations are consolidated in proposed
part 119. Sections 119.65 and 119.69 contain the types of management
positions required for part 121 and part 135 operations, respectively.
Sections 119.67 and 119.71 specify the qualifications for individuals
in those positions. Section 119.65 proposes that part 121 operations
have a Director of Safety, a Director of Operations, a Chief Pilot, a
Director of Maintenance, and a Chief Inspector. Section 119.69 proposes
that part 135 operations have only a Director of Operations, a Chief
Pilot, and a Director of Maintenance. However, Sec. 119.65(b) contains
a provision that the Administrator may approve positions or numbers of
positions other than those listed above for a particular operation if
the certificate holder can show that safety can be maintained with
fewer or different categories of management personnel.
The FAA is proposing in Sec. 119.65 that each certificate holder
that conducts operations under part 121 must have a Director of Safety.
This person would be responsible for keeping the highest management
officials of the certificate holder fully informed about the safety
status of the certificate holder's entire operation. In its recent
survey of 21 commuter airlines, the NTSB found that the person most
likely approached by pilots with safety concerns was the Chief Pilot or
the Director of Operations, the persons also responsible for the day-
to-day management of line operations. The FAA agrees with the NTSB
that, although other management personnel should be informed and aware
of safety concerns, a safety officer can be most effective when
functioning independently of those with responsibility for day-to-day
operations. For this reason, ideally the Director of Safety should not
also be assigned to any of the other required management positions in
Sec. 119.65 (Director of Operations, Chief Pilot, Director of
Maintenance, Chief Inspector), nor should the Director of Safety report
to any of those positions, but should instead report to only the
highest management levels at the airline. However, the FAA realizes
that this could create a problem for smaller operators with fewer
management level positions. The FAA invites comments on how to
structure an independent safety function in airlines of different sizes
and is particularly interested in responses to questions such as:
Should the rules require that the Director of Safety be a separate
position, totally independent of other management positions? What would
be the burden of such a requirement? If, following a review of the
comments received, the FAA decides to adopt a mandatory separation of
function, the final rule will specifically require this.
The qualification requirements for management positions are similar
for parts 121 and 135 operations, except that the qualifications for
Director of Operations and Director of Maintenance are more stringent
for part 121 than for part 135. Under Sec. 119.67(a), a Director of
Operations for a part 121 operation must have both 3 years supervisory
or managerial experience within the last 6 years and 3 years experience
as a pilot in command (PIC) of a large airplane. If the person is
becoming the Director of Operations for the first time, the three years
as a PIC must have been within the last 6 years. Under Sec. 119.71(a),
a Director of Operations for a part 135 operation must have either 3
years supervisory or managerial experience within the last 6 years or 3
years experience as a PIC. Again, if the person is becoming Director of
Operations for the first time, the three years of PIC experience must
have been within the last 6 years. Under Sec. 119.67(c), a Director of
Maintenance for a part 121 operation must have 5 years experience
within the past 5 years in one or a combination of maintaining the same
category and class of airplane as the certificate holder uses or
repairing airplane in the same category and class of airplane as the
certificate holder uses in a certificated airframe repair station.
In addition the person must have 1 year of supervisory experience
in maintaining the same category and class of airplane as the
certificate holder uses. Under Sec. 119.71(e), a Director of
Maintenance for a part 135 operation must have either 3 years
experience within the past 3 years maintaining the same category and
class of aircraft as the certificate holder uses or 3 years experience
within the past 3 years repairing aircraft in the same category and
class of aircraft as the certificate holder uses in a certificated
airframe repair station, including 1 year in the capacity of approving
aircraft for return to service. Under Sec. 119.67(e) affected commuters
who currently employ persons as Director of Operations, Director of
Maintenance, or Chief Pilot who do not meet the airman, managerial, or
supervisory experience [[Page 16244]] requirements in proposed
Sec. 119.67 may request the Manager of the Flight Standards Division in
the region of the certificate-holding district office to authorize the
continued employment of those individuals. The certificate holder must
be able to show that those individuals have comparable aeronautical
experience that qualifies them to serve as Director of Operations,
Director of Maintenance, or Chief Pilot for a part 121 operation.
Proposed Sec. 119.67(e) does not allow for a waiver of the airman
certification requirements by the Managers of the Flight Standards
Division for those management positions.

VI.B. Part 121 Discussion

The FAA has evaluated each requirement in part 121 to determine
what effect compliance would have on affected operators. The following
discussion describes (1) any proposed revisions to part 121 that would
be necessary so that affected operators can comply with the
requirement; and (2) any requirements that would be new or different
for affected operators and that would impose a burden on the affected
operators. If the FAA has determined that current part 121 and 135
requirements are identical or similar or that the change in compliance
would not impose a burden, the requirements are not for the most part
discussed.
Since all of part 121 would apply to affected operators unless
otherwise stated in the proposed rule, each affected operator and
individual should evaluate all of part 121, not only the proposed
revisions, to determine how the proposed rule would affect them. The
FAA invites comments on any effects of this proposed rule whether or
not the requirements have been specifically addressed in this notice.
Discussion of subpart A revisions appears in the part 119 portion
of the preamble. Subparts B-D would be reserved since the current
substance of these subparts would be subsumed under part 119.
VI.B.1. Subpart E--Approval of Routes: Domestic and Flag Air Carriers
Section 121.97 requires all domestic and flag operators to show
that each route it submits for approval has enough airports that are
properly equipped and adequate for the proposed operation. They must
also have an approved system to disseminate this information to
appropriate personnel. Part 135 has similar requirements, but part 121
does require additional information. The FAA believes this would not
have a significant impact on operators affected by this rule change.
Section 121.99 requires all domestic and flag operators to have a
two-way air/ground communications system between each airplane and the
appropriate air traffic control facility, along the entire route. In
the 48 contiguous States and the District of Columbia, the
communications system between each airplane and the dispatch center
must be independent of any system operated by the United States. This
would be a new requirement for the affected operators.
Section 121.101 requires each domestic and flag operator to show
that enough weather reporting facilities are available along each route
to ensure weather reports and forecasts necessary for the operation.
For operations within the 48 contiguous States and the District of
Columbia, these reports must be prepared by the National Weather
Service. For other areas, a system must be approved by the
Administrator. Section 135.213 has similar requirements, except the
pilot in command is allowed to use various other sources, including his
own weather assessment, for VFR operations. This section also requires
reports of adverse weather phenomena. The FAA proposes that affected
operators comply with part 121.
Section 121.107 requires each domestic and flag operator to have
enough dispatch centers, adequate for the intended operation. This
would be a new requirement for affected operators.
See the Dispatch System discussion in the ``Major Issues'' section
of this NPRM for further discussion of this subpart.
VI.B.2. Subpart F--Approval of Areas and Routes for Supplemental Air
Carriers and Commercial Operators
This subpart is similar to subpart E, except it applies to
supplemental operations, and discusses flight following requirements.
This subpart would apply in cases where an affected operator uses an
airplane that is also used in domestic operations to conduct a
nonscheduled operation, as discussed above in Section VI.A.--Part 119
Summary.
See the Dispatch System and Flight Following System discussion in
the ``Major Issues'' section of this NPRM for further discussion of
this subpart.
VI.B.3. Subpart G--Manual Requirements
Manual requirements: Contents and personnel: Under subpart G of
part 121 certificate holders are required to prepare and keep current a
manual containing policies, procedures, applicable regulations, and
other information necessary to allow crewmembers and ground personnel
to conduct the operations properly (see Sec. 121.133 and Sec. 121.135).
While the requirements of parts 121 and 135 are similar, part 121
manual requirements contain a more extensive list of manual contents
(Sec. 121.135). Under part 121 the manual or appropriate parts must
also be furnished to more personnel, such as aircraft dispatchers,
flight attendants, and made available to others, such as station
agents. The effect of these differences between compliance with part
121 versus compliance with part 135 would be significant for commuter
operators. The proposal would require developing, producing, and
distributing new manuals appropriate to part 121. In addition,
Sec. 121.137 requires the air carrier to issue a manual or appropriate
parts to each crewmember and requires each crewmember to keep the
manual up to date and have it with him or her when performing assigned
duties. Part 135 does not require that flight attendants be issued a
manual; however, it does require that persons to whom a manual is
issued must keep it up-to-date (see Sec. 135.21). The FAA believes that
each crewmember should have his or her own manual containing up-to-date
information and regulations pertinent to the crewmembers assigned
duties. For flight attendants the manual would contain information
about inflight medical emergencies, airplane evacuations, water
landings, and other emergencies.
Airplane flight manual. Section 121.141 requires each certificate
holder to keep a current approved airplane flight manual for each type
of transport category airplane that it operates and to carry in each
transport category airplane either the current flight manual or the
manual required by Sec. 121.133 if that manual contains the flight
manual information. Part 135 does not have a comparable requirement;
however, part 135 operators currently must comply with Sec. 91.9, which
requires an approved airplane flight manual on board the airplane if
that manual has been developed. All operators affected by this proposal
would already have an approved airplane flight manual. The requirement
under part 121 is more permissive, allowing appropriate parts of the
certificate holder's manual to be developed and carried instead of the
flight manual and allowing some modifications of flight manual
information if they are approved by the Administrator. This action
proposes to include airplanes used by affected commuters under the
manual requirements of Sec. 121.141 and the
[[Page 16245]] applicability statement of the current rule would be
revised accordingly.
VI.B.4. Subpart H--Airplane Requirements
Subpart H of part 121 contains airplane requirements that apply to
all certificate holders operating under part 121. Section 121.153
contains general requirements (e.g., airplanes must be in an airworthy
condition) that would add no additional burden to airplanes presently
operated under part 135.
Section 121.157 contains type certification requirements for
various types of airplanes operated under part 121. Paragraph (a) of
Sec. 121.157 contains requirements that apply to airplanes type
certificated before July 1, 1942. While it is unlikely that any
airplanes of this vintage are presently operating under part 135
(except possibly an occasional DC-3) these requirements would be
appropriate to such operations and therefore would not be changed.
Paragraph (b) of Sec. 121.157 states that except for C-46 type
airplanes covered in paragraphs (c) and (d), no airplane type
certificated after June 30, 1942 may be operated under part 121
``unless it is certificated as a transport category airplane'' and
meets applicable airplane performance operating limitations as
specified in paragraphs (a), (b), (d), and (e) of Sec. 121.173. Since
most of the 10-to-19 passenger airplanes that would be affected by this
proposal were type certificated in the commuter category (or one of the
predecessors of the commuter category) a new exception to paragraph (b)
is proposed as a new paragraph (e).
Paragraphs (c) and (d) of Sec. 121.157 apply to C-46 type airplanes
and would not have any impact on this rulemaking since no C-46 type
airplanes are presently operating under part 135.
Current paragraph (e) of Sec. 121.157 would be deleted because
helicopters are no longer operated under part 121.
Proposed new paragraph (e) would allow nontransport category
airplanes type certificated after December 31, 1964, to be operated
under part 121 if they were type certificated in the commuter category
or fall into one of the categories listed below (referred to as
``commuter category predecessors'') and meet the additional
airworthiness requirements of subpart I as made applicable by the
proposed amendments to that subpart:
1. Airplanes type certificated before July 1, 1970, in the normal
category that meet special conditions issued by the Administrator for
airplanes intended for use in operations under part 135.
2. Airplanes type certificated before July 19, 1970, in the normal
category that meet the additional airworthiness standards in Special
Federal Aviation Regulation No. 23.
3. Airplanes type certificated in the normal category that meet
additional airworthiness standards in appendix A of part 135.
4. Airplanes type certificated in the normal category and that
comply with either section 1.(a) or section 1.(b) of Special Federal
Aviation Regulation No. 41.
Proposed new paragraph (f) would require that to be operated under
part 121 newly type certificated airplanes (i.e., those for which an
application is submitted after the publication of this NPRM) must be
type certificated under part 25. For newly type certificated airplanes
this change would, in effect, reinstate the requirement that airplanes
operated under part 121 must be transport category airplanes.
Notwithstanding this proposal, the FAA recognizes that some present
requirements of part 25 may not be appropriate for all propeller-
driven, multiengine airplanes with less than 20 passenger seats
(present airplanes used by affected commuters). Therefore the FAA, as
previously discussed, has undertaken a comparative review of parts 23
and 25 and will in the near future propose changes to part 25 as
appropriate to accommodate these airplanes which would previously have
been type certificated in the commuter category under part 23.
Single-engine airplanes. Section 121.159 prohibits operation of
single-engine airplanes under part 121. No change to this prohibition
is proposed in this rulemaking since the FAA does not consider single-
engine airplanes acceptable to part 121 standards. For example, a
single-engine airplane could not meet part 121 requirements, such as
the one-engine-inoperative requirements of Sec. 121.191. This section
is amended to delete an obsolete reference to Sec. 121.9.
Airplane limitations: Type of route. Section 121.161 requires that
a two-engine or three-engine airplane must be within 1 hour flying time
from an adequate airport at normal cruising speed with one engine
inoperative. While part 135 does not contain a comparable requirement,
the FAA believes that this requirement can be met by present part 135
operators with the possible exception of some Alaskan operations. Since
Sec. 121.161 contains authority for deviations if approved by the FAA
(AC 120-42 contains acceptable criteria), this requirement should not
impose any undue burden.
This section also requires (with some exceptions for older
airplanes) part 25 ditching certification for extended overwater
operations, which the FAA believes should be applied to the operations
that would be moved from part 135 to part 121 by this proposal.
Therefore, no changes are proposed to this requirement.
The FAA invites specific comments on the potential impact of these
proposals on operations in Alaska.
Proving tests. Section 121.163 provides proving test requirements
for Part 121. Section 135.145 requires 25 hours of proving tests for
certificate holders that operate turbojet airplanes or airplanes for
which two pilots are required by this chapter for operations under VFR
if that airplane or an airplane of the same make and similar design has
not been previously proved in any operations under part 135. Like
Sec. 135.145, Sec. 121.163 requires proving tests for materially
altered airplanes. However, in contrast, under Sec. 121.163, proving
tests apply to each airplane to be operated under part 121; it also
describes three types of proving tests. Under Sec. 121.163 and
Sec. 135.145, additional proving tests are required after the aircraft
type certification tests. In other words, the initial operator of a
type of airplane must conduct at least 100 hours of proving tests
acceptable to the FAA, which can be reduced in appropriate
circumstances. Moreover, for each kind of operation (e.g., domestic,
flag, supplemental) that an operator conducts, 50 hours of proving
tests are required, which are also reducible in appropriate
circumstances.
For existing airplanes, in each case the FAA would assess whether
to reduce proving test hours required by Sec. 121.163(b) for the target
operators that would be subject to Sec. 121.163 if this proposal is
adopted. Factors that might be considered in any request for reduction
in proving test hours include the operator's experience and performance
in part 135 operations.
VI.B.5. Subpart I--Airplane Performance Operating Limitations
Subpart I contains airplane performance operating limitations that
apply to all part 121 certificate holders; however, not every section
in subpart I applies to every certificate holder. For example,
Secs. 121.175 through 121.187 apply to reciprocating engine-powered
transport category airplanes, and Secs. 121.189 through 121.197 apply
to turbine-powered-engine transport category airplanes (with an
exception for certain reciprocating-powered airplanes that have been
converted to turbo-propeller-powered). Sections 121.199 through 121.205
apply to nontransport category airplanes. [[Page 16246]]
Sections 135.361 through 135.395 are virtually identical to
Secs. 121.171 through 121.205; the main differences reflect the absence
of a dispatch system in part 135 operations. Section 135.363 makes
clear that the term ``large nontransport category airplane'' as used in
the subpart means an airplane type certificated before July 1, 1942.
This language does not appear in part 121 because it is understood from
the context in part 121 that the term ``nontransport category
airplane'' is referring to older airplanes that were type certificated
before the transport category was established. This clarification was
needed in part 135 because of the existence of commuter category
airplanes, most of which fit the definition of ``large'' and are also
``nontransport category'' airplanes. Part 135 addresses performance
operating limitations for commuter category airplanes in Sec. 135.398
by referencing Secs. 135.385 and 135.387, which parallel Secs. 121.195
and 121.197. The FAA believes that airplanes type certificated in the
commuter category (or its predecessors) that would be operated under
part 121 under this proposal should be required to meet, and are
capable of meeting, the same performance operating limitations that now
apply only to airplanes type certificated in the transport category.
Therefore, the FAA proposes to delete the term ``transport category''
throughout subpart I and to include language where appropriate to
except airplanes type certificated before January 1, 1965, that were
not certificated in the transport category. This proposal would have
the effect of requiring airplanes type certificated in the commuter
category or a commuter category predecessor to be operated under the
performance operating limitations of Secs. 121.175 through 121.197, as
applicable.
VI.B.6. Subpart J--Special Airworthiness Requirements
Subpart J contains special airworthiness requirements that, as
stated in the applicability section (Sec. 121.211), apply to all
certificate holders. While this is semantically accurate, it is
confusing because the airplane description in Sec. 121.213 in fact
describes pre-1942 nontransport category and pre-October 1946 transport
category airplanes thereby limiting the applicability of Secs. 121.215
through 121.283 to those airplanes. Sections 121.285 through 121.291
apply across-the-board to present part 121 operations.
To clarify the applicability of this subpart, the FAA proposes to
expand Sec. 121.211 to include the substance of Sec. 121.213. As
proposed, Sec. 121.211 would break the special airworthiness
requirements into three categories: (1) Those that apply to certain
older type certificated airplanes (Secs. 121.215 through 121.283); (2)
those that apply to all airplanes operating under part 121
(Secs. 121.285 through 121.291); and (3) those that would apply to
airplanes presently operating under part 135 (proposed new
Sec. 121.293).
Cargo carried in the passenger compartment. Section 121.285
requires that cargo carried in passenger compartments must be stowed in
a fully enclosed bin or carried aft of a bulkhead or divider and
properly restrained. Section 135.87 allows operators to carry cargo in
an approved cargo compartment instead of a fully enclosed bin and to
carry restrained cargo anywhere in the passenger compartment if it is
restrained by a net that meets the requirements of Sec. 23.787(e). The
FAA considers that it is not practical to require airplanes now
operating safely under part 135 to install fully enclosed cargo bins or
to be otherwise as limited as required by Sec. 121.285. Therefore, FAA
proposes to amend Sec. 121.285 to add an exception for commuter
category (and predecessor) airplanes that would have the effect of
allowing cargo to be carried in the passenger compartment as it is
today.
Landing gear aural warning device. Section 121.289 contains a
requirement for a landing gear aural warning device for large
airplanes. Thus, at present this section applies to any airplane with a
maximum certificated takeoff weight of more than 12,500 pounds.
Appendix A of part 135 requires a landing gear warning device for
airplanes having retractable landing gear and wing flaps, but the
device need not be aural. The FAA considers that the cost of replacing
a warning light with a warning sound would be minimal. Therefore, this
section would apply to any airplane that presently operates under part
135 and that would be required by this proposal to operate under part
121. To allow adequate time for airplanes without aural warning devices
to be retrofitted, the FAA proposes a compliance date of 2 years after
the publication date of the final rule.
Emergency evacuation and ditching demonstrations. Section 121.291
contains requirements for conducting demonstrations of airplane
evacuation and ditching procedures. The FAA requires these
demonstrations upon introduction of a new type and model of airplane
into passenger-carrying operations. For airplanes with a seating
capacity of more than 44 passengers, an actual evacuation demonstration
must show that the full capacity of the airplane and the crewmembers
can be evacuated within 90 seconds. Also, for airplanes with more than
44 passenger seats a partial demonstration is required, as specified in
Sec. 121.291(c). Demonstrations are not required for airplanes with
fewer than 44 passenger seats.
Under Sec. 121.291(d) any certificate holder operating or proposing
to operate one or more landplanes of any size in extended overwater
operations must conduct a simulated ditching in accordance with
Appendix D to part 121. The purpose of the ditching demonstration is to
show that the certificate holder's training and procedures for a new
type and model of airplane are satisfactory. The simulated ditching
does not specifically require the use of flight attendants; the FAA
proposes to apply this rule to any affected commuter operator who
conducts extended overwater operations, whether or not flight
attendants are used in the operation.
The FAA intends to apply this provision to the affected commuter
operators only when a new type and model of airplane is introduced
after the effective date of the final rule. If a certificate holder has
been using an airplane in

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-7488. Public record. Not legal advice.