14 C.F.R. Subpart B—Air Traffic Control Tower Operators
Title 14 - Aeronautics and Space
Source: Docket No. 10193, 35 FR 12326, Aug. 1, 1970, unless otherwise noted.
No person may act as an air traffic control tower operator at an air traffic control tower in connection with civil aircraft unless he— (a) Holds an air traffic control tower operator certificate issued to him under this subpart; (b) Holds a facility rating for that control tower issued to him under this subpart, or has qualified for the operating position at which he acts and is under the supervision of the holder of a facility rating for that control tower; and For the purpose of this subpart, operating position means an air traffic control function performed within or directly associated with the control tower; (c) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy or the Coast Guard, holds at least a second-class medical certificate issued under part 67 of this chapter. [Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65–25, 45 FR 18911, Mar. 24, 1980; Amdt. 65–31, 52 FR 17518, May 8, 1987] To be eligible for an air traffic control tower operator certificate a person must— (a) Be at least 18 years of age; (b) Be of good moral character; (c) Be able to read, write, and understand the English language and speak it without accent or impediment of speech that would interfere with two-way radio conversation; (d) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy or the Coast Guard, hold at least a second-class medical certificate issued under part 67 of this chapter within the 12 months before the date application is made; and (e) Comply with §65.35. [Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65–25, 45 FR 18911, Mar. 24, 1980; Amdt. 65–31, 52 FR 17518, May 8, 1987] Each applicant for an air traffic control tower operator certificate must pass a written test on— (a) The flight rules in part 91 of this chapter: (b) Airport traffic control procedures, and this subpart: (c) En route traffic control procedures; (d) Communications operating procedures; (e) Flight assistance service; (f) Air navigation, and aids to air navigation; and (g) Aviation weather. No person may act as an air traffic control tower operator at any operating position unless he has passed a practical test on— (a) Control tower equipment and its use; (b) Weather reporting procedures and use of reports; (c) Notices to Airmen, and use of the Airman's Information Manual; (d) Use of operational forms; (e) Performance of noncontrol operational duties; and (f) Each of the following procedures that is applicable to that operating position and is required by the person performing the examination: (1) The airport, including rules, equipment, runways, taxiways, and obstructions. (2) The terrain features, visual checkpoints, and obstructions within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for the airport. (3) Traffic patterns and associated procedures for use of preferential runways and noise abatement. (4) Operational agreements. (5) The center, alternate airports, and those airways, routes, reporting points, and air navigation aids used for terminal air traffic control. (6) Search and rescue procedures. (7) Terminal air traffic control procedures and phraseology. (8) Holding procedures, prescribed instrument approach, and departure procedures. (9) Radar alignment and technical operation. (10) The application of the prescribed radar and nonradar separation standard, as appropriate. [Doc. No. 10193, 35 FR 12326, Aug. 1, 1991, as amended by Amdt. 65–36, 56 FR 65653, Dec. 17, 1991] Each applicant for a facility rating at any air traffic control tower must have satisfactorily served— (a) As an air traffic control tower operator at that control tower without a facility rating for at least 6 months; or (b) As an air traffic control tower operator with a facility rating at a different control tower for at least 6 months before the date he applies for the rating. However, an applicant who is a member of an Armed Force of the United States meets the requirements of this section if he has satisfactorily served as an air traffic control tower operator for at least 6 months. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65–19, 36 FR 21280, Nov. 5, 1971] Each applicant for a facility rating at an air traffic control tower must have passed a practical test on each item listed in §65.37 of this part that is applicable to each operating position at the control tower at which the rating is sought. (a) The holder of a senior rating on August 31, 1970, may at any time after that date exchange his rating for a facility rating at the same air traffic control tower. However, if he does not do so before August 31, 1971, he may not thereafter exercise the privileges of his senior rating at the control tower concerned until he makes the exchange. (b) The holder of a junior rating on August 31, 1970, may not control air traffic, at any operating position at the control tower concerned, until he has met the applicable requirements of §65.37 of this part. However, before meeting those requirements he may control air traffic under the supervision, where required, of an operator with a senior rating (or facility rating) in accordance with §65.41 of this part in effect before August 31, 1970. (a) An air traffic control tower operator shall perform his duties in accordance with the limitations on his certificate and the procedures and practices prescribed in air traffic control manuals of the FAA, to provide for the safe, orderly, and expeditious flow of air traffic. (b) An operator with a facility rating may control traffic at any operating position at the control tower at which he holds a facility rating. However, he may not issue an air traffic clearance for IFR flight without authorization from the appropriate facility exercising IFR control at that location. (c) An operator who does not hold a facility rating for a particular control tower may act at each operating position for which he has qualified, under the supervision of an operator holding a facility rating for that control tower. [Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65–16, 35 FR 14075, Sept. 4, 1970] (a) The following definitions apply for the purposes of this section: (1) An employee is a person who performs an air traffic control function for an employer. For the purpose of this section, a person who performs such a function pursuant to a contract with an employer is considered to be performing that function for the employer. (2) An “employer” means an air traffic control facility not operated by the FAA or by or under contract to the U.S. military that employs a person to perform an air traffic control function. (b) Each employer shall provide each employee performing a function listed in appendix I to part 121 of this chapter and his or her supervisor with the training specified in that appendix. No employer may use any contractor to perform an air traffic control function unless that contractor provides each of its employees performing that function for the employer and his or her supervisor with the training specified in that appendix. (c) No employer may knowingly use any person to perform, nor may any person perform for an employer, either directly or by contract, any air traffic control function while that person has a prohibited drug, as defined in appendix I to part 121 of this chapter, in his or her system. (d) No employer shall knowingly use any person to perform, nor may any person perform for an employer, either directly or by contract, any air traffic control function if the person has a verified positive drug test result on or has refused to submit to a drug test required by appendix I to part 121 of this chapter and the person has not met the requirements of appendix I to part 121 of this chapter for returning to the performance of safety-sensitive duties. (e) Each employer shall test each of its employees who performs any air traffic control function in accordance with appendix I to part 121 of this chapter. No employer may use any contractor to perform any air traffic control function unless that contractor tests each employee performing such a function for the employer in accordance with that appendix. [Doc. No. 25148, 53 FR 47056, Nov. 21, 1988, as amended by Amdt. 65–38, 59 FR 42927, Aug. 19, 1994] (a) This section applies to employees who perform air traffic control duties directly or by contract for an employer that is an air traffic control facility not operated by the FAA or the U.S. military (covered employees). (b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. (c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions. (d) Pre-duty use. No covered employee shall perform air traffic control duties within 8 hours after using alcohol. No employer having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform air traffic control duties. (e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under appendix J to part 121 of this chapter, or the employer has determined that the employee's performance could not have contributed to the accident. (f) Refusal to submit to a required alcohol test. A covered employee may not refuse to submit to any alcohol test required under appendix J to part 121 of this chapter. An employer may not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. [Amdt. 65–37, 59 FR 7389, Feb. 15, 1994, as amended by Amdt. 65–47, 71 FR 35763, June 21, 2006] (a) Each air traffic control facility not operated by the FAA or the U.S. military (hereinafter employer) must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to part 121 of this chapter. (b) No employer shall use any person who meets the definition of covered employee in appendix J to part 121 to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J. [Amdt. 65–37, 59 FR 7389, Feb. 15, 1994] Except in an emergency, a certificated air traffic control tower operator must be relieved of all duties for at least 24 consecutive hours at least once during each 7 consecutive days. Such an operator may not serve or be required to serve— (a) For more than 10 consecutive hours; or (b) For more than 10 hours during a period of 24 consecutive hours, unless he has had a rest period of at least 8 hours at or before the end of the 10 hours of duty. (a) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy, or the Coast Guard, no person may act as an air traffic control tower operator under a certificate issued to him or her under this part unless he or she has in his or her personal possession an appropriate current medical certificate issued under part 67 of this chapter. (b) Each person holding an air traffic control tower operator certificate shall keep it readily available when performing duties in an air traffic control tower, and shall present that certificate or his medical certificate or both for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. (c) A certificated air traffic control tower operator who does not hold a facility rating for a particular control tower may not act at any operating position at the control tower concerned unless there is maintained at that control tower, readily available to persons named in paragraph (b) of this section, a current record of the operating positions at which he has qualified. (d) An air traffic control tower operator may not perform duties under his certificate during any period of known physical deficiency that would make him unable to meet the physical requirements for his current medical certificate. However, if the deficiency is temporary, he may perform duties that are not affected by it whenever another certificated and qualified operator is present and on duty. (e) A certificated air traffic control tower operator may not control air traffic with equipment that the Administrator has found to be inadequate. (f) The holder of an air traffic control tower operator certificate, or an applicant for one, shall, upon the reasonable request of the Administrator, cooperate fully in any test that is made of him. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65–31, 52 FR 17519, May 8, 1987] The holder of an air traffic control tower operator certificate may not perform any duties under that certificate unless— (a) He has served for at least three of the preceding 6 months as an air traffic control tower operator at the control tower to which his facility rating applies, or at the operating positions for which he has qualified; or (b) He has shown that he meets the requirements for his certificate and facility rating at the control tower concerned, or for operating at positions for which he has previously qualified.
Title 14: Aeronautics and Space
PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
Subpart B—Air Traffic Control Tower Operators
§ 65.31 Required certificates, and rating or qualification.
§ 65.33 Eligibility requirements: General.
§ 65.35 Knowledge requirements.
§ 65.37 Skill requirements: Operating positions.
§ 65.39 Practical experience requirements: Facility rating.
§ 65.41 Skill requirements: Facility ratings.
§ 65.43 Rating privileges and exchange.
§ 65.45 Performance of duties.
§ 65.46 Use of prohibited drugs.
§ 65.46a Misuse of alcohol.
§ 65.46b Testing for alcohol.
§ 65.47 Maximum hours.
§ 65.49 General operating rules.
§ 65.50 Currency requirements.
