14 C.F.R. Subpart Z—Hazardous Materials Training Program

United States> Code of Federal Regulations> Title 14 - Aeronautics and Space> CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION> PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS > Subpart Z—Hazardous Materials Training Program

14 C.F.R. Subpart Z—Hazardous Materials Training Program

Title 14 - Aeronautics and Space

Title 14: Aeronautics and Space
PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

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Subpart Z—Hazardous Materials Training Program

Source: Doc. No. FAA–2003–15085, 70 FR 58823, Nov. 7, 2005, unless otherwise noted.

§ 121.1001 Applicability and definitions.

(a) This subpart prescribes the requirements applicable to each certificate holder for training each crewmember and person performing or directly supervising any of the following job functions involving any item for transport on board an aircraft:

(1) Acceptance;

(2) Rejection;

(3) Handling;

(4) Storage incidental to transport;

(5) Packaging of company material; or

(6) Loading.

(b) Definitions. For purposes of this subpart, the following definitions apply:

(1) Company material (COMAT)—Material owned or used by a certificate holder.

(2) Initial hazardous materials training—The basic training required for each newly hired person, or each person changing job functions, who performs or directly supervises any of the job functions specified in paragraph (a) of this section.

(3) Recurrent hazardous materials training—The training required every 24 months for each person who has satisfactorily completed the certificate holder's approved initial hazardous materials training program and performs or directly supervises any of the job functions specified in paragraph (a) of this section.

§ 121.1003 Hazardous materials training: General.

(a) Each certificate holder must establish and implement a hazardous materials training program that:

(1) Satisfies the requirements of Appendix O of this part;

(2) Ensures that each person performing or directly supervising any of the job functions specified in §121.1001(a) is trained to comply with all applicable parts of 49 CFR parts 171 through 180 and the requirements of this subpart; and

(3) Enables the trained person to recognize items that contain, or may contain, hazardous materials regulated by 49 CFR parts 171 through 180.

(b) Each certificate holder must provide initial hazardous materials training and recurrent hazardous materials training to each crewmember and person performing or directly supervising any of the job functions specified in §121.1001(a).

§ 121.1005 Hazardous materials training required.

(a) Training requirement. Except as provided in paragraphs (b), (c) and (f) of this section, no certificate holder may use any crewmember orperson to perform any of the job functions or direct supervisory responsibilities, and no person may perform any of the job functions or direct supervisory responsibilities, specified in §121.1001(a) unless that person has satisfactorily completed the certificate holder's FAA-approved initial or recurrent hazardous materials training program within the past 24 months.

(b) New hire or new job function. A person who is a new hire and has not yet satisfactorily completed the required initial hazardous materials training, or a person who is changing job functions and has not received initial or recurrent training for a job function involving storage incidental to transport, or loading of items for transport on an aircraft, may perform those job functions for not more than 30 days from the date of hire or a change in job function, if the person is under the direct visual supervision of a person who is authorized by the certificate holder to supervise that person and who has successfully completed the certificate holder's FAA-approved initial or recurrent training program within the past 24 months.

(c) Persons who work for more than one certificate holder. A certificate holder that uses or assigns a person to perform or directly supervise a job function specified in §121.1001(a), when that person also performs or directly supervises the same job function for another certificate holder, need only train that person in its own policies and procedures regarding those job functions, if all of the following are met:

(1) The certificate holder using this exception receives written verification from the person designated to hold the training records representing the other certificate holder that the person has satisfactorily completed hazardous materials training for the specific job function under the other certificate holder's FAA approved hazardous material training program under Appendix O of this part; and

(2) The certificate holder who trained the person has the same operations specifications regarding the acceptance, handling, and transport of hazardous materials as the certificate holder using this exception.

(d) Recurrent hazardous materials training—Completion date. A person who satisfactorily completes recurrent hazardous materials training in the calendar month before, or the calendar month after, the month in which the recurrent training is due, is considered to have taken that training during the month in which it is due. If the person completes this training earlier than the month before it is due, the month of the completion date becomes his or her new anniversary month.

(e) Repair stations. A certificate holder must ensure that each repair station performing work for, or on the certificate holder's behalf is notified in writing of the certificate holder's policies and operations specification authorization permitting or prohibition against the acceptance, rejection, handling, storage incidental to transport, and transportation of hazardous materials, including company material. This notification requirement applies only to repair stations that are regulated by 49 CFR parts 171 through 180.

(f) Certificate holders operating at foreign locations. This exception applies if a certificate holder operating at a foreign location where the country requires the certificate holder to use persons working in that country to load aircraft. In such a case, the certificate holder may use those persons even if they have not been trained in accordance with the certificate holder's FAA approved hazardous materials training program. Those persons, however, must be under the direct visual supervision of someone who has successfully completed the certificate holder's approved initial or recurrent hazardous materials training program in accordance with this part. This exception applies only to those persons who load aircraft.

§ 121.1007 Hazardous materials training records.

(a) General requirement. Each certificate holder must maintain a record of all training required by this part received within the preceding three years for each person who performs or directly supervises a job function specified in §121.1001(a). The record must be maintained during the time that the person performs or directly supervises any of those job functions, and for 90 days thereafter. These training records must be kept for direct employees of the certificate holder, as well as independent contractors, subcontractors, and any other person who performs or directly supervises these job functions for or on behalf of the certificate holder.

(b) Location of records. The certificate holder must retain the training records required by paragraph (a) of this section for all initial and recurrent training received within the preceding 3 years for all persons performing or directly supervising the job functions listed in Appendix O at a designated location. The records must be available upon request at the location where the trained person performs or directly supervises the job function specified in §121.1001(a). Records may be maintained electronically and provided on location electronically. When the person ceases to perform or directly supervise a hazardous materials job function, the certificate holder must retain the hazardous materials training records for an additional 90 days and make them available upon request at the last location where the person worked.

(1) The individual's name;

(2) The most recent training completion date;

(3) A description, copy or reference to training materials used to meet the training requirement;

(4) The name and address of the organization providing the training; and

(5) A copy of the certification issued when the individual was trained, which shows that a test has been completed satisfactorily.

(d) New hire or new job function. Each certificate holder using a person under the exception in §121.1005(b) must maintain a record for that person. The records must be available upon request at the location where the trained person performs or directly supervises the job function specified in §121.1001(a). Records may be maintained electronically and provided on location electronically. The record must include the following:

(1) A signed statement from an authorized representative of the certificate holder authorizing the use of the person in accordance with the exception;

(2) The date of hire or change in job function;

(3) The person's name and assigned job function;

(4) The name of the supervisor of the job function; and

(5) The date the person is to complete hazardous materials training in accordance with appendix O of this part.

Appendix A to Part 121—First Aid Kits and Emergency Medical Kits

Approved first-aid kits, at least one approved emergency medical kit, and at least one approved automated external defibrillator required under §121.803 of this part must be readily accessible to the crew, stored securely, and kept free from dust, moisture, and damaging temperatures.

First-aid Kits

1. The minimum number of first aid kits required is set forth in the following table:

------------------------------------------------------------------------                                                                 No. of                    No. of passenger seats                     first-aid                                                                  kits------------------------------------------------------------------------0-50.........................................................          151-150.......................................................          2151-250......................................................          3More than 250................................................          4------------------------------------------------------------------------

2. Except as provided in paragraph (3), each approved first-aid kit must contain at least the following appropriately maintained contents in the specified quantities:

------------------------------------------------------------------------                           Contents                             Quantity------------------------------------------------------------------------Adhesive bandage compresses, 1-inch..........................         16Antiseptic swabs.............................................         20Ammonia inhalants............................................         10Bandage compresses, 4-inch...................................          8Triangular bandage compresses, 40-inch.......................          5Arm splint, noninflatable....................................          1Leg splint, noninflatable....................................          1Roller bandage, 4-inch.......................................          4Adhesive tape, 1-inch standard roll..........................          2Bandage scissors.............................................          1------------------------------------------------------------------------

3. Arm and leg splints which do not fit within a first-aid kit may be stowed in a readily accessible location that is as near as practicable to the kit.

Emergency Medical Kits

1. Until April 12, 2004, at least one approved emergency medical kit that must contain at least the following appropriately maintained contents in the specified quantities:

------------------------------------------------------------------------                    Contents                             Quantity------------------------------------------------------------------------Sphygmomanometer...............................  1Stethoscope....................................  1Airways, cropharyngeal (3 sizes)...............  3Syringes (sizes necessary to administer          4 required drugs).Needles (sizes necessary to administer required  6 drugs).50% Dextrose injection, 50cc...................  1Epinephrine 1:1000, single dose ampule or        2 equivalent).Diphenhydramine HC1 injection, single dose       2 ampule or equivalent.Nitroglycerin tablets..........................  10Basic instructions for use of the drugs in the   1 kit.protective nonpermeable gloves or equivalent...  1 pair------------------------------------------------------------------------

2. As of April 12, 2004, at least one approved emergency medical kit that must contain at least the following appropriately maintained contents in the specified quantities:

------------------------------------------------------------------------                    Contents                             Quantity------------------------------------------------------------------------Sphygmonanometer...............................  1Stethoscope....................................  1Airways, oropharyngeal (3 sizes): 1 pediatric,   3 1 small adult, 1 large adult or equivalent.Self-inflating manual resuscitation device with  1:3 masks 3 masks (1 pediatric, 1 small adult, 1 large adult or equivalent).CPR mask (3 sizes), 1 pediatric, 1 small adult,  3 1 large adult, or equivalent.IV Admin Set: Tubing w/ 2 Y connectors.........  1    Alcohol sponges............................  2    Adhesive tape, 1-inch standard roll          1     adhesive.    Tape scissors..............................  1 pair    Tourniquet.................................  1Saline solution, 500 cc........................  1Protective nonpermeable gloves or equivalent...  1 pairNeedles (2-18 ga., 2-20 ga., 2-22 ga., or sizes  6 necessary to administer required medications).Syringes (1-5 cc, 2-10 cc, or sizes necessary    4 to administer required medications).Analgesic, non-narcotic, tablets, 325 mg.......  4Antihistamine tablets, 25 mg...................  4Antihistamine injectable, 50 mg, (single dose    2 ampule or equivalent).Atropine, 0.5 mg, 5 cc (single dose ampule or    2 equivalent).Aspirin tablets, 325 mg........................  4Bronchodilator, inhaled (metered dose inhaler    1 or equivalent).Dextrose, 50%/50 cc injectable, (single dose     1 ampule or equivalent).Epinephrine 1:1000, 1 cc, injectable, (single    2 dose ampule or equivalent).Epinephrine 1:10,000, 2 cc, injectable, (single  2 dose ampule or equivalent).Lidocaine, 5 cc, 20 mg/ml, injectable (single    2 dose ampule or equivalent).Nitroglycerin tablets, 0.4 mg..................  10Basic instructions for use of the drugs in the   1 kit.------------------------------------------------------------------------

3. If all of the above-listed items do not fit into one container, more than one container may be used.

Automated External Defibrillators

At least one approved automated external defibrillator, legally marketed in the United States in accordance with Food and Drug Administration requirements, that must:

1. Be stored in the passenger cabin.

2. After April 30, 2005:

(a) Have a power source that meets FAA Technical Standard Order requirements for power sources for electronic devices used in aviation as approved by the Administrator; or

(b) Have a power source that was manufactured before July 30, 2004, and been found by the FAA to be equivalent to a power source that meets the Technical Standard Order requirements of paragraph (a) of this section.

3. Be maintained in accordance with the manufacturer's specifications.

[Doc. No. FAA–2000–7119, 66 FR 19044, Apr. 12, 2001, as amended by Amdt. 121–280, 69 FR 19762, Apr. 14, 2004; Amdt. 121–309, 70 FR 15196, Mar. 24, 2005]

Appendix B to Part 121—Airplane Flight Recorder Specification

 ----------------------------------------------------------------------------------------------------------------                                                        Accuracy sensor           Parameters                    Range           input to DFDR     Sampling interval    Resolution \4\                                                            readout          (per second)           readout----------------------------------------------------------------------------------------------------------------Time (GMT or Frame Counter)       24 Hrs............  ±0.125% Per  0.25 (1 per 4       1 sec. (range 0 to 4095, sampled 1 per                       Hour.               seconds). frame).Altitude........................  -1,000 ft to max    ±100 to      1.................  5[min] to 35[min]                                   certificated        ±700 ft                          \1\                                   altitude of         (See Table 1, TSO-                                   aircraft.           C51a).Airspeed........................  50 KIAS to V so,    ±5%,         1.................  1 kt.                                   and V so to 1.2     ±3%.                                   VD.Heading.........................  360°..........  ±2°....  1.................  0.5°Normal Acceleration (Vertical)..  -3g to +6g........  ±1% of max   8.................  0.01g.                                                       range excluding                                                       datum error of                                                       ±5%.Pitch Attitude..................  ±75°...  ±2°....  1.................  0.5°Roll Attitude...................  ±180°..  ±2°....  1.................  0.5°Radio Transmitter Keying........  On-Off (Discrete).  ±2°....  ±2%........  ..................Thrust/Power on Each Engine.....  Full Range Forward  ±2°....  1 (per engine)....  0.2% \2\Trailing Edge Flap or Cockpit     Full Range or Each  ±3° or   0.5...............  0.5% \2\ Control Selection.                Discrete Position.  as Pilot's                                                       Indicator.Leading Edge Flap or Cockpit      Full Range or Each  ±3° or   0.5...............  0.5% \2\ Control Selection.                Discrete Position.  as Pilot's                                                       Indicator.Thrust Reverser Position........  Stowed, In          ..................  1 (per 4 seconds    ..................                                   Transit, and                            per engine).                                   Reverse                                   (Discrete).Ground Spoiler Position/Speed     Full Range or Each  ±2% Unless   1.................  0.2% \2\. Brake Selection.                  Discrete Position.  Higher Accuracy                                                       Uniquely Required.Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................Autopilot Engagement............  Discrete..........  ..................  1.................  ..................Longitudinal Acceleration.......  ±1g........  ±1.5% max    4.................  0.01g.                                                       range excluding                                                       datum error of                                                       ±5%.Pilot Input and/or Surface        Full Range........  ±2°      1.................  0.2% \2\. Position_Primary Controls                             Unless Higher (Pitch, Roll, Yaw) \3\.                               Accuracy Uniquely                                                       Required.Lateral Acceleration............  ±1g........  ±1.5% max    4.................  0.01g.                                                       range excluding                                                       datum error of                                                       ±5%.Pitch Trim Position.............  Full Range........  ±3% Unless   1.................  0.3% \2\.                                                       Higher Accuracy                                                       Uniquely Required.Glideslope Deviation............  ±400         ±3%........  1.................  0.3% \2\.                                   Microamps.Localizer Deviation.............  ±400         ±3%........  1.................  0.3% \2\.                                   Microamps.AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................Radio Altitude..................  -20 ft to 2,500 ft  ±2 Ft or     1.................  1 ft + 5% \2\                                                       ±3%                              above 500[foot].                                                       Whichever is                                                       Greater Below 500                                                       Ft and ±5%                                                       Above 500 Ft.Master Warning..................  Discrete..........  ..................  1.................  ..................Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% \2\ directly)..Outside Air Temperature or Total  -50° C to       ±2° c..  0.5...............  0.3° c Air Temperature..                 +90° C.Hydraulics, Each System Low       Discrete..........  ..................  0.5...............  or 0.5% \2\ Pressure.Groundspeed.....................  As installed......  Most Accurate       1.................  0.2% \2\                                                       Systems Installed                                                       (IMS Equipped                                                       Aircraft Only).----------------------------------------------------------------------------------------------------------------    If additional recording capacity is available, recording of the following parameters is recommended. The                                 parameters are listed in order of significance:----------------------------------------------------------------------------------------------------------------Drift Angle.....................  When available, As  As installed......  4.................  ..................                                   installed.Wind Speed and Direction........  When available, As  As installed......  4.................  ..................                                   installed.Latitude and Longitude..........  When available, As  As installed......  4.................  ..................                                   installed.Brake pressure/Brake pedal        As installed......  As installed......  1.................  .................. position.Additional engine parameters:    EPR.........................  As installed......  As installed......  1 (per engine)....  ..................    N1..........................  As installed......  As installed......  1 (per engine)....  ..................    N2..........................  As installed......  As installed......  1 (per engine)....  ..................    EGT.........................  As installed......  As installed......  1 (per engine)....  ..................Throttle Lever Position.........  As installed......  As installed......  1 (per engine)....  ..................Fuel Flow.......................  As installed......  As installed......  1 (per engine)....  ..................TCAS:    TA..........................  As installed......  As installed......  1.................  ..................    RA..........................  As installed......  As installed......  1.................  ..................    Sensitivity level (as         As installed......  As installed......  2.................  ..................     selected by crew).GPWS (ground proximity warning    Discrete..........  ..................  1.................  .................. system).Landing gear or gear selector     Discrete..........  ..................  0.25 (1 per 4       .................. position.                                                                 seconds).DME 1 and 2 Distance............  0-200 NM;.........  As installed......  0.25..............  1 mi.Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............  ..................----------------------------------------------------------------------------------------------------------------\1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the  derivation of altitude to 5 feet.\2\ Per cent of full range.\3\ For airplanes that can demonstrate the capability of deriving either the control input on control movement  (one from the other) for all modes of operation and flight regimes, the ``or'' applies. For airplanes with non-  mechanical control systems (fly-by-wire) the ``and'' applies. In airplanes with split surfaces, suitable  combination of inputs is acceptable in lieu of recording each surface separately.\4\ This column applies to aircraft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

Appendix C to Part 121—C–46 Nontransport Category Airplanes

Cargo Operations

1. Required engines. (a) Except as provided in paragraph (b) of this section, the engines specified in subparagraphs (1) or (2) of this section must be installed in C–46 nontransport category airplanes operated at gross weights exceeding 45,000 pounds:

(1) Pratt and Whitney R2800–51–M1 or R2800–75–M1 engines (engines converted from basic model R2800–51 or R2800–75 engines in accordance with FAA approved data) that—

(i) Conform to Engine Specification 5E–8;

(ii) Conform to the applicable portions of the operator's manual;

(iii) Comply with all the applicable airworthiness directives; and

(iv) Are equipped with high capacity oil pump drive gears in accordance with FAA approved data.

(2) Other engines found acceptable by the FAA Regional Flight Standards Division having type certification responsibility for the C–46 airplane.

(b) Upon application by an operator conducting cargo operations with nontransport category C–46 airplanes between points within the State of Alaska, the appropriate FAA Flight Standards District Office, Alaskan Region, may authorize the operation of such airplanes, between points within the State of Alaska; without compliance with paragraph (a) of this section if the operator shows that, in its area of operation, installation of the modified engines is not necessary to provide adequate cooling for single-engine operations. Such authorization and any conditions or limitations therefor is made a part of the Operations Specifications of the operator.

2. Minimum acceptable means of complying with the special airworthiness requirements. Unless otherwise authorized under §121.213, the data set forth in sections 3 through 34 of this appendix, as correlated to the C–46 nontransport category airplane, is the minimum means of compliance with the special airworthiness requirements of §§121.215 through 121.281.

3. Susceptibility of material to fire. [Deleted as unnecessary]

4. Cabin interiors. C–46 crew compartments must meet all the requirements of §121.215, and, as required in §121.221, the door between the crew compartment and main cabin (cargo) compartment must be flame resistant.

5. Internal doors. Internal doors, including the crew to main cabin door, must meet all the requirements of §121.217.

6. Ventilation. Standard C–46 crew compartments meet the ventilation requirements of §121.219 if a means of ventilation for controlling the flow of air is available between the crew compartment and main cabin. The ventilation requirement may be met by use of a door between the crew compartment and main cabin. The door need not have louvers installed; however, if louvers are installed, they must be controllable.

7. Fire precautions. Compliance is required with all the provisions of §121.221.

(a) In establishing compliance with this section, the C–46 main cabin is considered as a Class A compartment if—

(1) The operator utilizes a standard system of cargo loading and tiedown that allows easy access in flight to all cargo in such compartment, and, such system is included in the appropriate portion of the operator's manual; and

(2) A cargo barrier is installed in the forward end of the main cabin cargo compartment. The barrier must—

(i) Establish the most forward location beyond which cargo cannot be carried;

(ii) Protect the components and systems of the airplane that are essential to its safe operation from cargo damage; and

(iii) Permit easy access, in flight, to cargo in the main cabin cargo compartment.

The barrier may be a cargo net or a network of steel cables or other means acceptable to the Administrator which would provide equivalent protection to that of a cargo net. The barrier need not meet crash load requirements of FAR §25.561; however, it must be attached to the cargo retention fittings and provide the degree of cargo retention that is required by the operators' standard system of cargo loading and tiedown.

(b) C–46 forward and aft baggage compartments must meet, as a minimum, Class B requirements of this section or be placarded in a manner to preclude their use as cargo or baggage compartments.

8. Proof of compliance. The demonstration of compliance required by §121.223 is not required for C–46 airplanes in which—

(1) The main cabin conforms to Class A cargo compartment requirements of §121.219; and

(2) Forward and aft baggage compartments conform to Class B requirements of §121.221, or are placarded to preclude their use as cargo or baggage compartments.

9. Propeller deicing fluid. No change from the requirements of §121.225. Isopropyl alcohol is a combustible fluid within the meaning of this section.

10. Pressure cross-feed arrangements, location of fuel tanks, and fuel system lines and fittings. C–46 fuel systems which conform to all applicable Curtiss design specifications and which comply with the FAA type certification requirements are in compliance with the provisions of §§121.227 through 121.231.

11. Fuel lines and fittings in designated fire zones. No change from the requirements of §121.233.

12. Fuel valves. Compliance is required with all the provisions of §121.235. Compliance can be established by showing that the fuel system conforms to all the applicable Curtiss design specifications, the FAA type certification requirements, and, in addition, has explosion-proof fuel booster pump electrical selector switches installed in lieu of the open contact type used originally.

13. Oil lines and fittings in designated fire zones. No change from the requirements of §121.237.

14. Oil valves. C–46 oil shutoff valves must conform to the requirements of §121.239. In addition, C–46 airplanes using Hamilton Standard propellers must provide, by use of stand pipes in the engine oil tanks or other approved means, a positive source of oil for feathering each propeller.

15. Oil system drains. The standard C–46 “Y” drains installed in the main oil inlet line for each engine meet the requirements of §121.241.

16. Engine breather line. The standard C–46 engine breather line installation meets the requirements of §121.243 if the lower breather lines actually extend to the trailing edge of the oil cooler air exit duct.

17. Firewalls and firewall construction. Compliance is required with all of the provisions of §§121.245 and 121.247. The following requirements must be met in showing compliance with these sections:

(a) Engine compartment. The engine firewalls of the C–46 airplane must—

(1) Conform to type design, and all applicable airworthiness directives;

(2) Be constructed of stainless steel or approved equivalent; and

(3) Have fireproof shields over the fairleads used for the engine control cables that pass through each firewall.

(b) Combustion heater compartment. C–46 airplanes must have a combustion heater fire extinguishing system which complies with AD–49–18–1 or an FAA approved equivalent.

18. Cowling. Standard C–46 engine cowling (cowling of aluminum construction employing stainless steel exhaust shrouds) which conforms to the type design and cowling configurations which conform to the C–46 transport category requirements meet the requirements of §121.249.

19. Engine accessory section diaphragm. C–46 engine nacelles which conform to the C–46 transport category requirements meet the requirements of §121.251. As provided for in that section, a means of equivalent protection which does not require provision of a diaphragm to isolate the engine power section and exhaust system from the engine accessory compartment is the designation of the entire engine compartment forward of and including the firewall as a designated fire zone, and the installation of adequate fire detection and fire extinguishing systems which meet the requirements of §121.263 and §121.273, respectively, in such zone.

20. Powerplant fire protection. C–46 engine compartments and combustion heater compartments are considered as designated fire zones within the meaning of §121.253.

21. Flammable fluids—

(a) Engine compartment. C–46 engine compartments which conform to the type design and which comply with all applicable airworthiness directives meet the requirements of §121.255.

(b) Combustion heater compartment. C–46 combustion heater compartments which conform to type design and which meet all the requirements of AD–49–18–1 or an FAA approved equivalent meet the requirements of §121.255.

22. Shutoff means—

(a) Engine compartment. C–46 engine compartments which comply with AD–62–10–2 or FAA approved equivalent meet the requirements of §121.257 applicable to engine compartments, if, in addition, a means satisfactory to the Administrator is provided to shut off the flow of hydraulic fluid to the cowl flap cylinder in each engine nacelle. The shutoff means must be located aft of the engine firewall. The operator's manual must include, in the emergency portion, adequate instructions for proper operation of the additional shutoff means to assure correct sequential positioning of engine cowl flaps under emergency conditions. In accordance with §121.315, this positioning must also be incorporated in the emergency section of the pilot's checklist.

(b) Combustion heater compartment. C–46 heater compartments which comply with paragraph (5) of AD–49–18–1 or FAA approved equivalent meet the requirements of §121.257 applicable to heater compartments if, in addition, a shutoff valve located above the main cabin floor level is installed in the alcohol supply line or lines between the alcohol supply tank and those alcohol pumps located under the main cabin floor. If all of the alcohol pumps are located above the main cabin floor, the alcohol shutoff valve need not be installed. In complying with paragraph (5) of AD–49–18–1, a fail-safe electric fuel shutoff valve may be used in lieu of the manually operated valve.

23. Lines and fittings—(a) Engine compartment. C–46 engine compartments which comply with all applicable airworthiness directives, including AD–62–10–2, by using FAA approved fire-resistant lines, hoses, and end fittings, and engine compartments which meet the C–46 transport category requirements, meet the requirements of §121.259.

(b) Combustion heater compartments All lines, hoses, and end fittings, and couplings which carry fuel to the heaters and heater controls, must be of FAA approved fire-resistant construction.

24. Vent and drain lines—(a) Enginecompartment. C–46 engine compartments meet the requirements of §121.261 if—

(1) The compartments conform to type design and comply with all applicable airworthiness directives or FAA approved equivalent; and

(2) Drain lines from supercharger case, engine-driven fuel pump, and engine-driven hydraulic pump reach into the scupper drain located in the lower cowling segment.

(b) Combustion heater compartment. C–46 heater compartments meet the requirements of §121.261 if they conform to AD–49–18–1 or FAA approved equivalent.

25. Fire-extinguishing system. (a) To meet the requirements of §121.263, C–46 airplanes must have installed fire extinguishing systems to serve all designated fire zones. The fire-extinguishing systems, the quantity of extinguishing agent, and the rate of discharge shall be such as to provide a minimum of one adequate discharge for each designated fire zone. Compliance with this provision requires the installation of a separate fire extinguisher for each engine compartment. Insofar as the engine compartment is concerned, the system shall be capable of protecting the entire compartment against the various types of fires likely to occur in the compartment.

(b) Fire-extinguishing systems which conform to the C–46 transport category requirements meet the requirements set forth in paragraph (a). Furthermore, fire-extinguishing systems for combustion heater compartments which conform to the requirements of AD–49–18–1 or an FAA approved equivalent also meet the requirements in paragraph (a).

In addition, a fire-extinguishing system for C–46 airplanes meets the adequacy requirement of paragraph (a) if it provides the same or equivalent protection to that demonstrated by the CAA in tests conducted in 1941 and 1942, using a CW–20 type engine nacelle (without diaphragm). These tests were conducted at the Bureau of Standards facilities in Washington, DC, and copies of the test reports are available through the FAA Regional Engineering Offices. In this connection, the flow rates and distribution of extinguishing agent substantiated in American Airmotive Report No. 128–52–d, FAA approved February 9, 1953, provides protection equivalent to that demonstrated by the CAA in the CW–20 tests. In evaluating any C–46 fire-extinguishing system with respect to the aforementioned CW–20 tests, the Administration would require data in a narrative form, utilizing drawings or photographs to show at least the following:

Installation of containers; installation and routing of plumbing; type, number, and location of outlets or nozzles; type, total volume, and distribution of extinguishing agent; length of time required for discharging; means for thermal relief, including type and location of discharge indicators; means of discharging, e.g., mechanical cutterheads, electric cartridge, or other method; and whether a one- or two-shot system is used; and if the latter is used, means of cross-feeding or otherwise selecting distribution of extinguishing agent; and types of materials used in makeup of plumbing.

High rate discharge (HRD) systems using agents such as bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), may also meet the requirements of paragraph (a).

26. Fire-extinguishing agents, Extinguishing agent container pressure relief, Extinguishing agent container compartment temperatures, and Fire-extinguishing system materials. No change from the requirements of §§121.265 through 121.271.

27. Fire-detector system. Compliance with the requirements of §121.273 requires that C–46 fire detector systems conform to:

(a) AD–62–10–2 or FAA approved equivalent for engine compartments; and

(b) AD–49–18–1 or FAA approved equivalent for combustion heater compartments

28. Fire detectors. No change from the requirements of §121.275.

29. Protection of other airplane components against fire. To meet the requirements of §121.277, C–46 airplanes must—

(a) Conform to the type design and all applicable airworthiness directives; and

(b) Be modified or have operational procedures established to provide additional fire protection for the wheel well door aft of each engine compartment. Modifications may consist of improvements in sealing of the main landing gear wheel well doors. An operational procedure which is acceptable to the Agency is one requiring the landing gear control to be placed in the up position in case of in-flight engine fire. In accordance with §121.315, such procedure must be set forth in the emergency portion of the operator's emergency checklist pertaining to in-flight engine fire.

30. Control of engine rotation. C–46 propeller feathering systems which conform to the type design and all applicable airworthiness directives meet the requirements of §121.279.

31. Fuel system independence. C–46 fuel systems which conform to the type design and all applicable airworthiness directives meet the requirements of §121.281.

32. Induction system ice prevention. The C–46 carburetor anti-icing system which conforms to the type design and all applicable airworthiness directives meets the requirements of §121.283.

33. Carriage of cargo in passenger compartments. Section 121.285 is not applicable to nontransport category C–46 cargo airplanes.

34. Carriage of cargo in cargo compartments. A standard cargo loading and tiedown arrangement set forth in the operator's manual and found acceptable to the Administrator must be used in complying with §121.287.

35. Performance data. Performance data on Curtiss model C–46 airplane certificated for maximum weight of 45,000 and 48,000 pounds for cargo-only operations.

1. The following performance limitation data, applicable to the Curtiss model C–46 airplane for cargo-only operation, must be used in determining compliance with §§121.199 through 121.205. These data are presented in the tables and figures of this appendix.

Table 1—Takeoff Limitations

(a) Curtiss C–46 certificated for maximum weight of 45,000 pounds.

(1) Effective length of runway required when effective length is determined in accordance with §121.171 (distance to accelerate to 93 knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)

                           [Distance in feet]------------------------------------------------------------------------                                              Airplane weight in pounds                                           -----------------------------         Standard altitude in feet                               45,000                                             39,000    42,000      \1\------------------------------------------------------------------------S.L.......................................     4,110     4,290     4,5701,000.....................................     4,250     4,440     4,7202,000.....................................     4,400     4,600     4,8803,000.....................................     4,650     4,880     5,1904,000.....................................     4,910     5,170     5,5005,000.....................................     5,160     5,450     5,8106,000.....................................     5,420     5,730     6,1207,000.....................................     5,680     6,000     6,4408,000.....................................     5,940     6,280     (\1\)------------------------------------------------------------------------\1\ Ref. Fig. 1(a)(1) for weight and distance for altitudes above  7,000[foot].

(2) Actual length of runway required when effective length, considering obstacles, is not determined (distance to accelerate to 93 knots TIAS and stop, divided by the factor 0.85).

                           [Distance in feet]------------------------------------------------------------------------                                              Airplane weight in pounds                                           -----------------------------         Standard altitude in feet                               45,000                                             39,000    42,000      \1\------------------------------------------------------------------------S.L.......................................     4,830     5,050     5,3701,000.....................................     5,000     5,230     5,5502,000.....................................     5,170     5,410     5,7403,000.....................................     5,470     5,740     6,1004,000.....................................     5,770     6,080     6,4705,000.....................................     6,070     6,410     6,8306,000.....................................     6,380     6,740     7,2007,000.....................................     6,680     7,070     7,5708,000.....................................     6,990     7,410     (\1\)------------------------------------------------------------------------\1\ Ref. Fig. 1(a)(2) for weight and distance for altitudes above  7,000[foot].

(b) Curtiss C–46 certificated for maximum weight 48,000 pounds.

                           [Distance in feet]------------------------------------------------------------------------                                         Airplane weight in pounds                                 ---------------------------------------    Standard altitude in feet                                    48,000                                   39,000    42,000    45,000      \1\------------------------------------------------------------------------S.L.............................     4,110     4,290     4,570     4,9501,000...........................     4,250     4,440     4,720     5,1302,000...........................     4,400     4,600     4,880     5,3003,000...........................     4,650     4,880     5,190     5,6704,000...........................     4,910     5,170     5,500     6,0505,000...........................     5,160     5,450     5,810     6,4206,000...........................     5,420     5,730     6,120     6,8007,000...........................     5,680     6,000     6,440     (\1\)8,000...........................     5,940     6,280     6,750     (\1\)------------------------------------------------------------------------\1\ Ref. Fig. 1(b)(1) for weight and distance for altitudes above  6,000[foot].

(2) Actual length of runway required when effective length, considering obstacles, is not determined (distance to accelerate to 93 knots TIAS and stop, divided by the factor 0.85).

                           [Distance in feet]------------------------------------------------------------------------                                         Airplane weight in pounds                                 ---------------------------------------    Standard altitude in feet                                    48,000                                   39,000    42,000    45,000      \1\------------------------------------------------------------------------S.L.............................     4,830     5,050     5,370     5,8301,000...........................     5,000     5,230     5,550     6,0302,000...........................     5,170     5,410     5,740     6,2303,000...........................     5,470     5,740     6,100     6,6704,000...........................     5,770     6,080     6,470     7,1205,000...........................     6,070     6,410     6,830     7,5606,000...........................     6,380     6,740     7,200     8,0107,000...........................     6,680     7,070     7,570     (\1\)8,000...........................     6,990     7,410     7,940     (\1\)------------------------------------------------------------------------\1\ Ref. Fig. 1(b)(2) for weight and distance for altitudes above  6,000[foot].

Table 2—En Route Limitations

(a) Curtiss model C–46 certificated for maximum weight of 45,000 pounds (based on a climb speed of 113 knots (TIAS)).

 ------------------------------------------------------------------------                                          Terrain            Weight (pounds)              clearance     Blower setting                                        (feet) \1\------------------------------------------------------------------------45,000................................       6,450  Low.44,000................................       7,000   Do.43,000................................       7,500   Do.42,200................................       8,000  High.41,000................................       9,600   Do.40,000................................      11,000   Do.39,000................................      12,300   Do.------------------------------------------------------------------------\1\ Highest altitude of terrain over which airplanes may be operated in  compliance with § 121.201.Ref. Fig. 2(a).

(b) Curtiss model C–46 certificated for maximum weight of 48,000 pounds or with engine installation approved for 2,550 revolutions per minute (1,700 brake horsepower). Maximum continuous power in low blower (based on a climb speed of 113 knots (TIAS)).

 ------------------------------------------------------------------------                                          Terrain            Weight (pounds)              clearance     Blower setting                                        (feet) \1\------------------------------------------------------------------------48,000................................       5,850  Low.47,000................................       6,300   Do.46,000................................       6,700   Do.45,000................................       7,200   Do.44,500................................       7,450   Do.44,250................................       8,000  High.44,000................................       8,550   Do.43,000................................      10,800   Do.42,000................................      12,500   Do.41,000................................      13,000   Do.------------------------------------------------------------------------\1\ Highest altitude of terrain over which airplanes may be operated in  compliance with § 121.201.Ref. Fig. 2(b).

Table 3—Landing Limitations

(a) Intended Destination.

Effective length of runway required for intended destination when effective length is determined in accordance with §121.171 with zero wind and zero gradient.

(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.60 factor)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \1\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    4,320     86    4,500     88    4,700     90    4,800     911,000...........................................    4,440     86    4,620     88    4,830     90    4,930     912,000...........................................    4,550     86    4,750     88    4,960     90    5,050     913,000...........................................    4,670     86    4,880     88    5,090     90    5,190     914,000...........................................    4,800     86    5,000     88    5,220     90    5,320     915,000...........................................    4,920     86    5,140     88    5,360     90    5,460     916,000...........................................    5,040     86    5,270     88    5,550     90    5,600     917,000...........................................    5,170     86    5,410     88    5,650     90    5,750     918,000...........................................    5,310     86    5,550     88    5,800     90    5,900     91----------------------------------------------------------------------------------------------------------------\1\ Steady approach speed through 50-foot height TIAS denoted by symbol V50.Ref. Fig. 3(a)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds.¹ (0.60 factor.)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \2\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   42,000   V50    44,000   V50    46,000   V50    43,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    3,370     80    3,490     82    3,620     84    3,740     861,000...........................................    3,460     80    3,580     82    3,710     84    3,830     862,000...........................................    3,540     80    3,670     82    3,800     84    3,920     863,000...........................................    3,630     80    3,760     82    3,890     84    4,020     864,000...........................................    3,720     80    3,850     82    3,980     84    4,110     865,000...........................................    3,800     80    3,940     82    4,080     84    4,220     866,000...........................................    3,890     80    4,040     82    4,180     84    4,320     867,000...........................................    3,980     80    4,140     82    4,280     84    4,440     868,000...........................................    4,080     80    4,240     82    4,390     84    4,550     86----------------------------------------------------------------------------------------------------------------\1\ For use with Curtiss model C-46 airplanes when approved for this weight.\2\ Steady approach speed through 50 height knots TIAS denoted by symbol V503.Ref. Fig. 3(a)(2).

(b) Alternate Airports.

Effective length of runway required when effective length is determined in accordance with §121.171 with zero wind and zero gradient.

(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.70 factor.)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \1\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    3,700     86    3,860     88    4,030     90    4,110     911,000...........................................    3,800     86    3,960     88    4,140     90    4,220     912,000...........................................    3,900     86    4,070     88    4,250     90    4,340     913,000...........................................    4,000     86    4,180     88    4,360     90    4,450     914,000...........................................    4,110     86    4,290     88    4,470     90    4,560     915,000...........................................    4,210     86    4,400     88    4,590     90    4,680     916,000...........................................    4,330     86    4,510     88    4,710     90    4,800     917,000...........................................    4,430     86    4,630     88    4,840     90    4,930     918,000...........................................    4,550     86    4,750     88    4,970     90    5,060     91----------------------------------------------------------------------------------------------------------------\1\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.Ref. Fig. 3(b)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds.¹ (0.70 factor.)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \2\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    2,890     80    3,000     82    3,110     84    3,220     861,000...........................................    2,960     80    3,070     82    3,180     84    3,280     862,000...........................................    3,040     80    3,150     82    3,260     84    3,360     863,000...........................................    3,110     80    3,220     82    3,340     84    3,440     864,000...........................................    3,180     80    3,300     82    3,410     84    3,520     865,000...........................................    3,260     80    3,380     82    3,500     84    3,610     866,000...........................................    3,330     80    3,460     82    3,580     84    3,700     867,000...........................................    3,420     80    3,540     82    3,670     84    3,800     868,000...........................................    3,500     80    3,630     82    3,760     84    3,900     86----------------------------------------------------------------------------------------------------------------\1\ For use with Curtiss model C-46 airplanes when approved for this weight.\2\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.Ref. Fig. 3(b)(2).

(c) Actual length of runway required when effective length, considering obstacles, is not determined in accordance with §121.171.

(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.55 factor.)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \1\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    4,710     86    4,910     88    5,130     90    5,230     911,000...........................................    4,840     86    5,050     88    5,270     90    5,370     912,000...........................................    4,960     86    5,180     88    5,410     90    5,510     913,000...........................................    5,090     86    5,320     88    5,550     90    5,660     914,000...........................................    5,230     86    5,460     88    5,700     90    5,810     915,000...........................................    5,360     86    5,600     88    5,850     90    5,960     916,000...........................................    5,500     86    5,740     88    6,000     90    6,110     917,000...........................................    5,640     86    5,900     88    6,170     90    6,280     918,000...........................................    5,790     86    6,050     88    6,340     90    6,450     91----------------------------------------------------------------------------------------------------------------\1\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.Ref. Fig. 3(c)(1).

(2) Curtiss C–46 certificated for maximum weight of 48,000 pounds.¹ (0.55 factor.)

                                                Distance in feet----------------------------------------------------------------------------------------------------------------                                                    Airplane weight in pounds and approach speeds \2\ in knots            Standard altitude in feet            ---------------------------------------------------------------                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50----------------------------------------------------------------------------------------------------------------S.L.............................................    3,680     80    3,820     82    3,960     84    4,090     861,000...........................................    3,770     80    3,910     82    4,050     84    4,180     862,000...........................................    3,860     80    4,000     82    4,140     84    4,280     863,000...........................................    3,960     80    4,090     82    4,240     84    4,380     864,000...........................................    4,050     80    4,190     82    4,340     84    4,490     865,000...........................................    4,150     80    4,290     82    4,450     84    4,600     866,000...........................................    4,240     80    4,400     82    4,560     84    4,710     867,000...........................................    4,350     80    4,510     82    4,670     84    4,840     868,000...........................................    4,450     80    4,620     82    4,790     84    4,960     86----------------------------------------------------------------------------------------------------------------\1\ For use with Curtiss model C-46 airplanes when approved for this weight.\2\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.Ref. Fig. 3(c)(2).

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[Doc. No. 4080, 30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as amended by Amdt. 121–207, 54 FR 39293, Sept. 25, 1989]

Appendix D to Part 121—Criteria for Demonstration of Emergency Evacuation Procedures Under §121.291

(a) Aborted takeoff demonstration. (1) The demonstration must be conducted either during the dark of the night or during daylight with the dark of the night simulated. If the demonstration is conducted indoors during daylight hours, it must be conducted with each window covered and each door closed to minimize the daylight effect. Illumination on the floor or ground may be used, but it must be kept low and shielded against shining into the airplane's windows or doors.

(2) The airplane must be a normal ground attitude with landing gear extended.

(3) Unless the airplane is equipped with an off-wing descent means, stands or ramps may be used for descent from the wing to the ground. Safety equipment such as mats or inverted life rafts may be placed on the floor or ground to protect participants. No other equipment that is not part of the emergency evacuation equipment of the airplane may be used to aid the participants in reaching the ground.

(4) The airplane's normal electrical power sources must be deenergized.

(5) All emergency equipment for the type of passenger-carrying operation involved must be installed in accordance with the certificate holder's manual.

(6) Each external door and exit, and each internal door or curtain must be in position to simulate a normal takeoff.

(7) A representative passenger load of persons in normal health must be used. At least 40 percent of the passenger load must be females. At least 35 percent of the passenger load must be over 50 years of age. At least 15 percent of the passenger load must be female and over 50 year of age. Three life-size dolls, not included as part of the total passenger load, must be carried by passengers to simulate live infants 2 years old or younger. Crewmembers, mechanics, and training personnel, who maintain or operate the airplane in the normal course of their duties, may not be used as passengers.

(8) No passenger may be assigned a specific seat except as the Administrator may require. Except as required by item (12) of this paragraph, no employee of the certificate holder may be seated next to an emergency exit.

(9) Seat belts and shoulder harnesses (as required) must be fastened.

(10) Before the start of the demonstration, approximately one-half of the total average amount of carry-on baggage, blankets, pillows, and other similar articles must be distributed at several locations in the aisles and emergency exit access ways to create minor obstructions.

(11) The seating density and arrangement of the airplane must be representative of the highest capacity passenger version of that airplane the certificate holder operates or proposes to operate.

(12) Each crewmember must be a member of a regularly scheduled line crew, except that flight crewmembers need not be members of a regularly scheduled line crew, provided they have knowledge of the airplane. Each crewmember must be seated in the seat the crewmember is normally assigned for takeoff, and must remain in that seat until the signal for commencement of the demonstration is received.

(13) No crewmember or passenger may be given prior knowledge of the emergency exits available for the demonstration.

(14) The certificate holder may not practice, rehearse, or describe the demonstration for the participants nor may any participant have taken part in this type of demonstration within the preceding 6 months.

(15) The pretakeoff passenger briefing required by §121.571 may be given in accordance with the certificate holder's manual. The passengers may also be warned to follow directions of crewmembers, but may not be instructed on the procedures to be followed in the demonstration.

(16) If safety equipment as allowed by item (3) of this section is provided, either all passenger and cockpit windows must be blacked out or all of the emergency exits must have safety equipment in order to prevent disclosure of the available emergency exits.

(17) Not more than 50 percent of the emergency exits in the sides of the fuselage of an airplane that meet all of the requirements applicable to the required emergency exits for that airplane may be used for the demonstration. Exits that are not to be used in the demonstration must have the exit handle deactivated or must be indicated by red lights, red tape, or other acceptable means, placed outside the exits to indicate fire or other reason that they are unusable. The exits to be used must be representative of all of the emergency exits on the airplane and must be designated by the certificate holder, subject to approval by the Administrator. At least one floor level exit must be used.

(18) Except as provided in paragraph (a)(3) of this appendix, all evacuees must leave the airplane by a means provided as part of the airplane's equipment.

(19) The certificate holder's approved procedures and all of the emergency equipment that is normally available, including slides, ropes, lights, and megaphones, must be fully utilized during the demonstration, except that the flightcrew must take no active role in assisting others inside the cabin during the demonstration.

(20) The evacuation time period is completed when the last occupant has evacuated the airplane and is on the ground. Evacuees using stands or ramps allowed by item (3) above are considered to be on the ground when they are on the stand or ramp: Provided, That the acceptance rate of the stand or ramp is no greater than the acceptance rate of the means available on the airplane for descent from the wing during an actual crash situation.

(b) Ditching demonstration. The demonstration must assume that daylight hours exist outside the airplane, and that all required crewmembers are available for the demonstration.

(1) If the certificate holder's manual requires the use of passengers to assist in the launching of liferafts, the needed passengers must be aboard the airplane and participate in the demonstration according to the manual.

(2) A stand must be placed at each emergency exit and wing, with the top of the platform at a height simulating the water level of the airplane following a ditching.

(3) After the ditching signal has been received, each evacuee must don a life vest according to the certificate holder's manual.

(4) Each liferaft must be launched and inflated, according to the certificate holder's manual, and all other required emergency equipment must be placed in rafts.

(5) Each evacuee must enter a liferaft, and the crewmembers assigned to each liferaft must indicate the location of emergency equipment aboard the raft and describe its use.

(6) Either the airplane, a mockup of the airplane or a floating device simulating a passenger compartment must be used.

(i) If a mockup of the airplane is used, it must be a life-size mockup of the interior and representative of the airplane currently used by or proposed to be used by the certificate holder, and must contain adequate seats for use of the evacuees. Operation of the emergency exits and the doors must closely simulate those on the airplane. Sufficient wing area must be installed outside the over-the-wing exits to demonstrate the evacuation.

(ii) If a floating device simulating a passenger compartment is used, it must be representative, to the extent possible, of the passenger compartment of the airplane used in operations. Operation of the emergency exits and the doors must closely simulate operation on that airplane. Sufficient wing area must be installed outside the over-the-wing exits to demonstrate the evacuation. The device must be equipped with the same survival equipment as is installed on the airplane, to accommodate all persons participating in the demonstration.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121–30, 32 FR 13268, Sept. 20, 1967; Amdt. 121–41, 33 FR 9067, June 20, 1968; Amdt. 121–46, 34 FR 5545, Mar. 22, 1969; Amdt. 121–47, 34 FR 11489, July 11, 1969; Amdt. 121–233, 58 FR 45230, Aug. 26, 1993]

Appendix E to Part 121—Flight Training Requirements

The maneuvers and procedures required by §121.424 of this part for pilot initial, transition, and upgrade flight training are set forth in the certificate holder's approved low-altitude windshear flight training program and in this appendix and must be performed inflight except that windshear maneuvers and procedures must be performed in an airplane simulator in which the maneuvers and procedures are specifically authorized to be accomplished and except to the extent that certain other maneuvers and procedures may be performed in an airplane simulator with a visual system (visual simulator), an airplane simulator without a visual system (nonvisual simulator), a training device, or a static airplane as indicated by the appropriate symbol in the respective column opposite the maneuver or procedure.

Whenever a maneuver or procedure is authorized to be performed in a nonvisual simulator, it may be performed in a visual simulator; when authorized in a training device, it may be performed in a visual or nonvisual simulator, and in some cases, a static airplane. Whenever the requirement may be performed in either a training device or a static airplane, the appropriate symbols are entered in the respective columns.

For the purpose of this appendix, the following symbols mean—

P=Pilot in Command (PIC). S=Second in Command (SIC). B=PIC and SIC. F=Flight Engineer. PJ=PIC transition Jet to Jet. PP=PIC transition Prop. to Prop. SJ=SIC transition Jet to Jet. SP=SIC transition Prop. to Prop. AT=All transition categories (PJ, PP, SJ, SP). PS=SIC upgrading to PIC (same airplane). SF=Flight Engineer upgrading to SIC (same airplane). BU=Both SIC and Flight Engineer upgrading (same airplane).

                                                                                                                                              Flight Training Requirements------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                  Initial training                                                                         Transition training                                                                       Upgrade training                                             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                              A/P                                       Simulator                                       A/P                                       Simulator                                       A/P                                      Simulator            Maneuvers/Procedures             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                                        Nonvisual                                                                                 Nonvisual                                                                                Nonvisual                                                  Inflight           Static       Visual simulator      simulator      Training device      Inflight           Static       Visual simulator      simulator      Training device      Inflight           Static       Visual simulator     simulator     Training device------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------As appropriate to the airplane and the        ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ............... operation involved, flight training for pilots must include the following maneuvers and procedures..I. Preflight:  (a) Visual inspection of the exterior and   ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ...............  ...............   interior of the airplane, the location of   each item to be inspected, and the   purpose for inspecting it. If a flight   engineer is a required crewmember for the   particular type of airplane, the visual   inspection may be replaced by using an   approved pictorial means that   realistically portrays the location and   detain of preflight inspection items..  (b) Use of the prestart check list,         ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   appropriate control system checks,   starting procedures, radio and electronic   equipment checks, and the selection of   proper navigation and communications   radio facilities and frequencies prior to   flight.  (c) Taxiing, sailing, and docking           B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............   procedures in compliance with   instructions issued by the appropriate   Traffic Control Authority or by the   person conducting the training.  (d) Pretakeoff checks that include power-   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   plant checks.II. Takeoffs:  (a) Normal takeoffs which, for the purpose  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............   of this maneuver, begin when the airplane   is taxied into position on the runway to   be used.  (b) Takeoffs with instrument conditions     ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............   simulated at or before reaching an   altitude of 100[foot] above the airport   elevation.  (c) Crosswind takeoffs....................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............  (d) Takeoffs with a simulated failure of    ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............   the most critical powerplant_.    (1) At a point after V1 and before V2     ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     that in the judgment of the person     conducting the training is appropriate     to the airplane type under the     prevailing conditions; or.    (2) At a point as close as possible       ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     after V1 when V1 and V2 or V1 and VR     are identical; or.    (3) At the appropriate speed for          ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     nontransport category airplanes.For transition training in an airplane group  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ............... with engines mounted in similar positions, or from wing-mounted engines to aft fuselage-mounted engines, the maneuver may be performed in a nonvisual simulator.  (e) Rejected takeoffs accomplished during   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   a normal takeoff run after reaching a   reasonable speed determined by giving due   consideration to aircraft   characteristics, runway length, surface   conditions, wind direction and velocity,   brake heat energy, and any other   pertinent factors that may adversely   affect safety or the airplane.  Training in at least one of the above       ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............   takeoffs must be accomplished at night.   For transitioning pilots this requirement   may be met during the operating   experience required under § 121.434   of this part by performing a normal   takeoff at night when a check airman   serving as pilot-in-command is occupying   a pilot station.III. Flight Maneuvers and Procedures:  (a) Turns with and without spoilers.......  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............  (b) Tuck and Mach buffet..................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............  (c) Maximum endurance and maximum range     ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   procedures.  (d) Operation of systems and controls at    ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  PS.............  ...............   the flight engineer station.  (e) Runway and jammed stabilizer..........  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............  (f) Normal and abnormal or alternate   operation of the following systems and   procedures:    (1) Pressurization......................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU    (2) Pneumatic...........................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU    (3) Air conditioning....................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU    (4) Fuel and oil........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU    (5) Electrical..........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU    (6) Hydraulic...........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU    (7) Flight control......................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ...............  BU    (8) Anti-icing and deicing..............  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............    (9) Auto-pilot..........................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............    (10) Automatic or other approach aids...  B...............  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  SF..............  ................  ................  BU.............  ...............    (11) Stall warning devices, stall         B...............  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  SF..............  ................  ................  BU.............  ...............     avoidance devices, and stability     augmentation devices.    (12) Airborne radar devices.............  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............    (13) Any other systems, devices, or aids  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............     available.    (14) Electrical, hydraulic, flight        ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU     control, and flight instrument system     malfunctioning or failure.    (15) Landing gear and flap systems        ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU     failure or malfunction.    (16) Failure of navigation or             ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............     communications equipment.  (g) Flight emergency procedures that   include at least the following:    (1) Powerplant, heater, cargo             ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU     compartment, cabin, flight deck, wing,     and electrical fires.    (2) Smoke control.......................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  BU.............  BU    (3) Powerplant failures.................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  ...............  BU    (4) Fuel jettisoning....................  ................  B...............  ................  ................  B...............  ................  B...............  ................  ................  B...............  ................  BU..............  ................  ...............  BU    (5) Any other emergency procedures        ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............     outlined in the appropriate flight     manual.  (h) Steep turns in each direction. Each     ................  ................  ................  P...............  ................  ................  ................  ................  PJ..............  ................  ................  ................  ................  PS.............  ...............   steep turn must involve a bank angle of   45° with a heading change of at least   180° but not more than 360°.  (i) Approaches to stalls in the takeoff     ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   configuration (except where the airplane   uses only a zero-flap configuration), in   the clean configuration, and in the   landing configuration.Training in at least one of the above         ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ............... configurations must be accomplished while in a turn with a bank angle between 15° and 30°.  (j) Recovery from specific flight           ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............   characteristics that are peculiar to the   airplane type.  (k) Instrument procedures that include the   following:    (1) Area departure and arrival..........  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............    (2) Use of navigation systems including   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............     adherence to assigned radials.    (3) Holding.............................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............  (l) ILS instrument approaches that include   the following:    (1) Normal ILS approaches...............  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............    (2) Manually controlled ILS approaches    B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............     with a simulated failure of one     powerplane which occurs before     initiating the final approach course     and continues to touchdown or through     the missed approach procedure.  (m) Instrument approaches and missed   approaches other than ILS which include   the following:    (1) Nonprecision approaches that the      ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  BU..............  ...............  ...............     trainee is likely to use.    (2) In addition to subparagraph (1) of    ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............     this paragraph, at least one other     nonprecision approach and missed     approach procedure that the trainee is     likely to use.In connection with paragraphs III(k) and      ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ............... III(l), each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed.  (n) Circling approaches which include the   B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............   following:    (1) That portion of the circling          ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     approach to the authorized minimum     altitude for the procedure being used     must be made under simulated instrument     conditions.    (2) The circling approach must be made    ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     to the authorized minimum circling     approach altitude followed by a change     in heading and the necessary     maneuvering (by visual reference) to     maintain a flight path that permits a     normal landing on a runway at least     90° from the final approach course     of the simulated instrument portion of     the approach.    (3) The circling approach must be         ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     performed without excessive     maneuvering, and without exceeding the     normal operating limits of the     airplane. The angle of bank should not     exceed 30°.Training in the circling approach maneuver    ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ............... is not required for a pilot employed by a certificate holder subject to the operating rules of Part 121 of this chapter if the certificate holder's manual prohibits a circling approach in weather conditions below 1000-3 (ceiling and visibility); for a SIC if the certificate holder's manual prohibits the SIC from performing a circling approach in operations under this part.  (o) Zero-flap approaches. Training in this  P...............  ................  ................  ................  ................  ................  ................  PP, PJ..........  ................  ................  ................  ................  PS..............  ...............  ...............   maneuver is not required for a particular   airplane type if the Administrator has   determined that the probability of flap   extension failure on that type airplane   is extremely remote due to system design.   In making this determination, the   Administrator determines whether training   on slats only and partial flap approaches   is necessary.  (p) Missed approaches which include the   following:    (1) Missed approaches from ILS            ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............     approaches.    (2) Other missed approaches.............  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU    (3) Missed approaches that include a      ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU     complete approved missed approach     procedure.    (4) Missed approaches that include a      ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............     powerplant failure.IV. Landings and Approaches to Landings:  (a) Normal landings.......................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............  (b) Landing and go around with the          P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  ................  ...............  PS   horizontal stabilizer out of trim.  (c) Landing in sequence from an ILS         B...............  ................  ................  ................  ................  AT..............  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............   instrument approach.  (d) Cross wind landing....................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............  (e) Maneuvering to a landing with   simulated powerplant failure, as follows:    (1) Except as provided in subparagraph    P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  PS..............  ...............  ...............     (3) of this paragraph in the case of 3-     engine airplanes, maneuvering to a     landing with an approved procedure that     approximates the loss of two     powerplants (center and one out-board     engine).    (2) Except as provided in subparagraph    P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  PS..............  ...............  ...............     (3) of this paragraph, in the case of     other multiengine airplanes,     maneuvering to a landing with a     simulated failure of 50 percent of     available powerplants with the     simulated loss of power on one side of     the airplane.    (3) Notwithstanding the requirements of     subparagraphs (1) and (2) of this     paragraph, flight crewmembers who     satisfy those requirements in a visual     simulator must also:      (i ) Take inflight training in one-     ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............       engine inoperative landings; and.      (ii ) In the case of a second-in-       ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............       command up-grading to a pilot-in-       command and who has not previously       performed the maneuvers required by       this paragraph in flight, meet the       requirements of this paragraph       applicable to initial training for       pilots-in-command.    (4) In the case of flight crewmembers     ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............     other than the pilot-in-command,     perform the maneuver with the simulated     loss of power of the most critical     powerplant only.  (f) Landing under simulated circling        B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............   approach conditions (exceptions under   III(n) applicable to this requirement).  (g) Rejected landings that include a        B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............   normal missed approach procedure after   the landing is rejected. For the purpose   of this maneuver the landing should be   rejected at approximately 50 feet and   approximately over the runway threshold.  (h) Zero-flap landings if the               P...............  ................  ................  ................  ................  ................  ................  PP, PJ..........  ................  ................  ................  ................  PS..............  ...............  ...............   Administrator finds that maneuver   appropriate for training in the airplane.  (i) Manual reversion (if appropriate).....  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............  Training in landings and approaches to      ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............   landings must include the types and   conditions provided in IV(a) through (i)   but more than one type may be combined   where appropriate.  Training in one of the above landings must  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............   be accomplished at night. For   transitioning pilots, this requirement   may be met during the operating   experience required under § 121.434   of this part by performing a normal   landing when a check pilot serving as   pilot-in-command is occupying a pilot   station.------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[Doc. No. 9509, 35 FR 97, Jan. 3, 1970, as amended by Amdt. 121–91, 37 FR 10730, May 27, 1972; Amdt. 121–108, 38 FR 35446, Dec. 28, 1973; Amdt. 121–159, 45 FR 41595, June 19, 1980; Amdt. 121–199, 53 FR 37697, Sept. 27, 1988]

Appendix F to Part 121—Proficiency Check Requirements

The maneuvers and procedures required by §121.441 for pilot proficiency checks are set forth in this appendix and must be performed inflight except to the extent that certain maneuvers and procedures may be performed in an airplane simulator with a visual system (visual simulator), an airplane simulator without a visual system (nonvisual simulator), or a training device as indicated by the appropriate symbol in the respective column opposite the maneuver or procedure.

Whenever a maneuver or procedure is authorized to be performed in a nonvisual simulator, it may also be performed in a visual simulator; when authorized in a training device, it may be performed in a visual or nonvisual simulator.

For the purpose of this appendix, the following symbols mean—

P=Pilot in Command. B=Both Pilot in Command and Second in Command. *=A symbol and asterisk (B*) indicates that a particular condition is specified in the maneuvers and procedures column. #=When a maneuver is preceded by this symbol it indicates the maneuver may be required in the airplane at the discretion of the person conducting the check.

Throughout the maneuvers prescribed in this appendix, good judgment commensurate with a high level of safety must be demonstrated. In determining whether such judgment has been shown, the person conducting the check considers adherence to approved procedures, actions based on analysis of situations for which there is no prescribed procedure or recommended practice, and qualities of prudence and care in selecting a course of action.

-------------------------------------------------------------------------------------------------------------------------------------------------------- Required Permitted ----------------------------------------------------------------- Waiver Maneuvers/Procedures Simulated Visual Nonvisual Training provisions instrument Inflight simulator simulator device of § conditions 121.441(d)--------------------------------------------------------------------------------------------------------------------------------------------------------The procedures and maneuvers set forth in this appendix must be performed in a manner that satisfactorily demonstrates knowledge and skill with respect to_ (1) The airplane, its systems and components;....................................... .......... ........ ......... ......... ........ .......... (2) Proper control of airspeed, configuration, direction, altitude, and attitude in .......... ........ ......... ......... ........ .......... accordance with procedures and limitations contained in the approved Airplane Flight Manual, the certificate holder's operations Manual, check lists, or other approved material appropriate to the airplane type; and............................ (3) Compliance with approach, ATC, or other applicable procedures................... .......... ........ ......... ......... ........ ..........I. Preflight: (a) Equipment examination (oral or written). As part of the practical test the .......... ........ ......... ......... B .......... equipment examination must be closely coordinated with, and related to, the flight maneuvers portion but may not be given during the flight maneuvers portion. The equipment examination must cover_.................................................. (1) Subjects requiring a practical knowledge of the airplane, its powerplants, .......... ........ ......... ......... ........ .......... systems, components, operational, and performance factors;....................... (2) Normal, abnormal, and emergency procedures, and the operations and limitations .......... ........ ......... ......... ........ .......... relating thereto; and............................................................ (3) The appropriate provisions of the approved Airplane Flight Manual............. .......... ........ ......... ......... ........ ..........The person conducting the check may accept, as equal to this equipment test, an equipment test given to the pilot in the certificate holder's ground school within the preceding 6 calendar months (b) Preflight inspection. The pilot must_........................................... .......... ........ ......... ......... B B* (1) Conduct an actual visual inspection of the exterior and interior of the .......... ........ ......... ......... ........ .......... airplane, locating each item and explaining briefly the purpose for inspecting it; and.......................................................................... (2) Demonstrate the use of the prestart check list, appropriate control system .......... ........ ......... ......... ........ .......... checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight......................................................Except for flight checks required by § 121.424(d)(2), an approved pictorial means that realistically portrays the location and detail of preflight inspection items and provides for the portrayal of abnormal conditions may be substituted for the preflight inspection. If a flight engineer is a required flight crewmember for the particular type airplane, the visual inspection may be waived under § 121.441(d) (c) Taxiing. This maneuver includes taxiing (in the case of a second in command .......... B ......... ......... ........ .......... proficiency check to the extent practical from the second in command crew position), sailing, or docking procedures in compliance with instructions issued by the appropriate traffic control authority or by the person conducting the checks... (d) Powerplant checks. As appropriate to the airplane type.......................... .......... ........ ......... B ........ ..........II. Takeoff: (a) Normal. One normal takeoff which, for the purpose of this maneuver, begins when .......... B* ......... ......... ........ .......... the airplane is taxied into position on the runway to be used...................... (b) Instrument. One takeoff with instrument conditions simulated at or before B ........ B* ......... ........ .......... reaching an altitude of 100[foot] above the airport elevation...................... (c) Crosswind. One crosswind takeoff, if practicable, under the existing .......... B* ......... ......... ........ .......... meteorological, airport, and traffic conditions....................................Requirements (a) and (c) may be combined, and requirements (a), (b), and (c) may be combined if (b) is performed inflight #(d) Powerplant failure. One takeoff with a simulated failure of the most critical .......... ........ B ......... ........ .......... powerplant_........................................................................ (1) At a point after V1 and before V2 that in the judgment of the person .......... ........ ......... ......... ........ .......... conducting the check is appropriate to the airplane type under the prevailing conditions;...................................................................... (2) At a point as close as possible after V1 when V1 and V2 or V1 and Vr are .......... ........ ......... ......... ........ .......... identical; or.................................................................... (3) At the appropriate speed for non-transport category airplanes................. .......... ........ ......... ......... ........ ..........In an airplane group with aft fuselage-mounted engines this maneuver may be performed .......... ........ ......... ......... ........ .......... in a non-visual simulator(e) Rejected. A rejected takeoff may be performed in an airplane during a normal .......... ........ ......... B* ........ B takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane........................................................III. Instrument procedures: (a) Area departure and area arrival. During each of these maneuvers the applicant B ........ ......... B ........ B* must_.............................................................................. (1) Adhere to actual or simulated ATC clearances (including assigned radials); and .......... ........ ......... ......... ........ .......... (2) Properly use available navigation facilities.................................. .......... ........ ......... ......... ........ ..........Either area arrival or area departure, but not both, may be waived under § 121.441(d) (b) Holding. This maneuver includes entering, maintaining, and leaving holding B ........ ......... B ........ B patterns. It may be performed in connection with either area departure or area arrival............................................................................ (c) ILS and other instrument approaches. There must be the following: (1) At least one normal ILS approach.............................................. B ........ B ......... ........ .......... (2) At least one manually controlled ILS approach with a simulated failure of one B ........ ......... ......... ........ .......... powerplant. The simulated failure should occur before initiating the final approach course and must continue to touchdown or through the missed approach procedure........................................................................ (3) At least one nonprecision approach procedure that is representative of the B ........ B ......... ........ .......... nonprecision approach procedures that the certificate holder is likely to use.... (4) Demonstration of at least one nonprecision approach procedure on a letdown aid B ........ ......... ......... B .......... other than the approach procedure performed under subparagraph (3) of this paragraph that the certificate holder is approved to use. If performed in a training device, the procedures must be observed by a check pilot or an approved instructor.......................................................................Each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed. Instrument conditions need not be simulated below 100[foot] above touchdown zone elevation (d) Circling approaches. If the certificate holder is approved for circling minimums .......... ........ B* ......... ........ B* below 1000-3, at least one circling approach must be made under the following conditions_........................................................................ (1) The portion of the approach to the authorized minimum circling approach B ........ ......... ......... ........ .......... altitude must be made under simulated instrument conditions...................... (2) The approach must be made to the authorized minimum circling approach altitude .......... ........ ......... ......... ........ .......... followed by a change in heading and the necessary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90° from the final approach course of the simulated instrument portion of the approach.................................................................. (3) The circling approach must be performed without excessive maneuvering, and .......... ........ ......... ......... ........ .......... without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30°........................................................If local conditions beyond the control of the pilot prohibit the maneuver or prevent it from being performed as required, it may be waived as provided in § 121.441(d): Provided, however, That the maneuver may not be waived under this provision for two successive proficiency checks. The circling approach maneuver is not required for a second-in-command if the certificate holder's manual prohibits a second-in-command from performing a circling approach in operations under this part (e) Missed approach................................................................. .......... ........ ......... ......... ........ .......... (1) Each pilot must perform at least one missed approach from an ILS approach..... .......... ........ B* ......... ........ .......... (2) Each pilot in command must perform at least one additional missed approach.... .......... ........ P* ......... ........ ..........A complete approved missed approach procedure must be accomplished at least once. At the discretion of the person conducting the check a simulated powerplant failure may be required during any of the missed approaches. These maneuvers may be performed either independently or in conjunction with maneuvers required under Sections III or V of this appendix. At least one missed approach must be performed in flightIV. Inflight Maneuvers: (a) Steep turns. At least one steep turn in each direction must be performed. Each P ........ ......... P ........ P steep turn must involve a bank angle of 45° with a heading change of at least 180° but not more than 360°................................................ (b) Approaches to stalls. For the purpose of this maneuver the required approach to B ........ ......... B ........ B* a stall is reached when there is a perceptible buffet or other response to the initial stall entry. Except as provided below there must be at least three approaches to stalls as follows:................................................... (1) One must be in the takeoff configuration (except where the airplane uses only .......... ........ ......... ......... ........ .......... a zero-flap takeoff configuration)............................................... (2) One in a clean configuration.................................................. .......... ........ ......... ......... ........ .......... (3) One in a landing configuration................................................ .......... ........ ......... ......... ........ ..........At the discretion of the person conducting the check, one approach to a stall must be performed in one of the above configurations while in a turn with the bank angle between 15° and 30°. Two out of the three approaches required by this paragraph may be waivedIf the certificate holder is authorized to dispatch or flight release the airplane with a stall warning device inoperative the device may not be used during this maneuver (c) Specific flight characteristics. Recovery from specific flight characteristics .......... ........ ......... B ........ B that are peculiar to the airplane type............................................. (d) Powerplant failures. In addition to specific requirements for maneuvers with .......... ........ ......... B ........ .......... simulated powerplant failures, the person conducting the check may require a simulated powerplant failure at any time during the check..........................V. Landings and Approaches to Landings:Notwithstanding the authorizations for combining and waiving maneuvers and for the use of a simulator, at least two actual landings (one to a full stop) must be made for all pilot-in-command and initial second-in-command proficiency checks. Landings, and approaches to landings must include the following, but more than one type may be combined where appropriate:Landings and approaches to landings must include the types listed below, but more than one type may be combined where appropriate: (a) Normal landing.................................................................. .......... B ......... ......... ........ .......... (b) Landing in sequence from an ILS instrument approach except that if circumstances .......... B* ......... ......... ........ .......... beyond the control of the pilot prevent an actual landing, the person conducting the check may accept an approach to a point where in his judgment a landing to a full stop could have been made..................................................... (c) Crosswind landing, if practical under existing meteorological, airport, and .......... B* ......... ......... ........ .......... traffic conditions................................................................. (d) Maneuvering to a landing with simulated powerplant failure as follows: (1) In the case of 3-engine airplanes, maneuvering to a landing with an approved .......... ........ B* ......... ........ .......... procedure that approximates the loss of two powerplants (center and one outboard engine); or...................................................................... (2) In the case of other multiengine airplanes, maneuvering to a landing with a .......... ........ B* ......... ........ .......... simulated failure of 50 percent of available powerplants, with the simulated loss of power on one side of the airplane.............................................Notwithstanding the requirements of subparagraphs (d) (1) and (2) of this paragraph, in a proficiency check for other than a pilot-in-command, the simulated loss of power may be only the most critical powerplant. However, if a pilot satisfies the requirements of subparagraphs (d) (1) or (2) of this paragraph in a visual simulator, he also must maneuver in flight to a landing with a simulated failure of the most critical powerplant. In addition, a pilot-in-command may omit the maneuver required by subparagraph (d)(1) or (d)(2) of this paragraph during a required proficiency check or simulator course of training if he satisfactorily performed that maneuver during the preceding proficiency check, or during the preceding approved simulator course of training under the observation of a check airman, whichever was completed later (e) Except as provided in paragraph (f) of this section, if the certificate holder .......... ........ B* ......... ........ .......... is approved for circling minimums below 1000-3, a landing under simulated circling approach conditions. However, when performed in an airplane, if circumstances beyond the control of the pilot prevent a landing, the person conducting the check may accept an approach to a point where, in his judgment, a landing to a full stop could have been made............................................................... #(f) A rejected landing, including a normal missed approach procedure, that is .......... ........ B ......... ........ .......... rejected approximately 50[foot] over the runway and approximately over the runway threshold. This maneuver may be combined with instrument, circling, or missed approach procedures, but instrument conditions need not be simulated below 100 feet above the runway...................................................................VI. Normal and Abnormal Procedures:Each applicant must demonstrate the proper use of as many of the systems and devices listed below as the person conducting the check finds are necessary to determine that the person being checked has a practical knowledge of the use of the systems and devices appropriate to the airplane type: (a) Anti-icing and de-icing systems................................................. .......... ........ ......... B ........ .......... (b) Auto-pilot systems.............................................................. .......... ........ ......... B ........ .......... (c) Automatic or other approach aid systems......................................... .......... ........ ......... B ........ .......... (d) Stall warning devices, stall avoidance devices, and stability augmentation .......... ........ ......... B ........ .......... devices............................................................................ (e) Airborne radar devices.......................................................... .......... ........ ......... B ........ .......... (f) Any other systems, devices, or aids available................................... .......... ........ ......... B ........ .......... (g) Hydraulic and electrical system failures and malfunctions....................... .......... ........ ......... ......... B .......... (h) Landing gear and flap systems failure or malfunction............................ .......... ........ ......... ......... B (i) Failure of navigation or communications equipment............................... .......... ........ ......... B ........ ..........VII. Emergency Procedures:Each applicant must demonstrate the proper emergency procedures for as many of the emergency situations listed below as the person conducting the check finds are necessary to determine that the person being checked has an adequate knowledge of, and ability to perform, such procedure: (a) Fire in flight.................................................................. .......... ........ ......... B ........ .......... (b) Smoke control................................................................... .......... ........ ......... B ........ .......... (c) Rapid decompression............................................................. .......... ........ ......... B ........ .......... (d) Emergency descent............................................................... .......... ........ ......... B ........ .......... (e) Any other emergency procedures outlined in the appropriate approved Airplane .......... ........ ......... B ........ .......... Flight Manual......................................................................--------------------------------------------------------------------------------------------------------------------------------------------------------

[Doc. No. 9509, 35 FR 99, Jan. 3, 1970, as amended by Amdt. 121–80, 36 FR 19362, Oct. 5, 1971; Amdt. 121–91, 37 FR 10730, May 27, 1972; Amdt. 121–92, 37 FR 12717, June 28, 1972; Amdt. 121–108, 38 FR 35448, Dec. 28, 1973; Amdt. 121–136, 42 FR 43389, Aug. 29, 1977]

Appendix G to Part 121—Doppler Radar and Inertial Navigation System (INS): Request for Evaluation; Equipment and Equipment Installation; Training Program; Equipment Accuracy and Reliability; Evaluation Program

1. Application authority. (a) An applicant for authority to use a Doppler Radar or Inertial Navigation System must submit a request for evaluation of the system to the Flight Standards District Office or International Field Office charged with the overall inspection of its operations 30 days prior to the start of evaluation flights.

(b) The application must contain:

(1) A summary of experience with the system showing to the satisfaction of the Administrator a history of the accuracy and reliability of the system proposed to be used.

(2) A training program curriculum for initial approval under §121.405.

(3) A maintenance program for compliance with subpart L of this part.

(4) A description of equipment installation.

(5) Proposed revisions to the Operations Manual outlining all normal and emergency procedures relative to use of the proposed system, including detailed methods for continuing the navigational function with partial or complete equipment failure, and methods for determining the most accurate system when an unusually large divergence between systems occurs. For the purpose of this appendix, a large divergence is a divergence that results in a track that falls beyond clearance limits.

(6) Any proposed revisions to the minimum equipment list with adequate justification therefor.

(7) A list of operations to be conducted using the system, containing an analysis of each with respect to length, magnetic compass reliability, availability of en route aids, and adequacy of gateway and terminal radio facilities to support the system. For the purpose of this appendix, a gateway is a specific navigational fix where use of long range navigation commences or terminates.

2. Equipment and equipment installation—Inertial Navigation Systems (INS) or Doppler Radar System. (a) Inertial Navigation and Doppler Radar Systems must be installed in accordance with applicable airworthiness requirements.

(b) Cockpit arrangement must be visible and useable by either pilot seated at his duty station.

(c) The equipment must provide, by visual, mechanical, or electrical output signals, indications of the invalidity of output data upon the occurrence of probable failures or malfunctions within the system.

(d) A probable failure or malfunction within the system must not result in loss of the aircraft's required navigation capability.

(e) The alignment, updating, and navigation computer functions of the system must not be invalidated by normal aircraft power interruptions and transients.

(f) The system must not be the source of cause of objectionable radio frequency interference, and must not be adversely affected by radio frequency interference from other aircraft systems.

(g) The FAA-approved airplane flight manual, or supplement thereto, must include pertinent material as required to define the normal and emergency operating procedures and applicable operating limitations associated with INS and Doppler performance (such as maximum latitude at which ground alignment capability is provided, or deviations between systems).

3. Equipment and equipment installation—Inertial Navigation Systems (INS). (a) If an applicant elects to use an Inertial Navigation System it must be at least a dual system (including navigational computers and reference units). At least two systems must be operational at takeoff. The dual system may consist of either two INS units, or one INS unit and one Doppler Radar unit.

(b) Each Inertial Navigation System must incorporate the following:

(1) Valid ground alignment capability at all latitudes appropriate for intended use of the installation.

(2) A display of alignment status or a ready to navigate light showing completed alignment to the flight crew.

(3) The present position of the airplane in suitable coordinates.

(4) Information relative to destinations or waypoint positions:

(i) The information needed to gain and maintain a desired track and to determine deviations from the desired track.

(ii) The information needed to determine distance and time to go to the next waypoint or destination.

(c) For INS installations that do not have memory or other inflight alignment means, a separate electrical power source (independent of the main propulsion system) must be provided which can supply, for at least 5 minutes, enough power (as shown by analysis or as demonstrated in the airplane) to maintain the INS in such condition that its full capability is restored upon the reactivation of the normal electrical supply.

(d) The equipment must provide such visual, mechanical, or electrical output signals as may be required to permit the flight crew to detect probable failures or malfunctions in the system.

4. Equipment and equipment installation—Doppler Radar Systems. (a) If an applicant elects to use a Doppler Radar System it must be at least a dual system (including dual antennas or a combined antenna designed for multiple operation), except that:

(1) A single operating transmitter with a standby capable of operation may be used in lieu of two operating transmitters.

(2) Single heading source information to all installations may be utilized, provided a compass comparator system is installed and operational procedures call for frequent cross-checks of all compass heading indicators by crewmembers.

The dual system may consist of either two Doppler Radar units or one Doppler Radar unit and one INS unit.

(b) At least two systems must be operational at takeoff.

(c) As determined by the Administrator and specified in the certificate holder's operations specifications, other navigational aids may be required to update the Doppler Radar for a particular operation. These may include Loran, Consol, DME, VOR, ADF, ground-based radar, and airborne weather radar. When these aids are required, the cockpit arrangement must be such that all controls are accessible to each pilot seated at his duty station.

5. Training programs. The initial training program for Doppler Radar and Inertial Navigation Systems must include the following:

(a) Duties and responsibilities of flight crewmembers, dispatchers, and maintenance personnel.

(b) For pilots, instruction in the following:

(1) Theory and procedures, limitations, detection of malfunctions, preflight and inflight testing, and cross-checking methods.

(2) The use of computers, an explanation of all systems, compass limitations at high latitudes, a review of navigation, flight planning, and applicable meteorology.

(3) The methods for updating by means of reliable fixes.

(4) The actual plotting of fixes.

6. Equipment accuracy and reliability. (a) Each Inertial Navigation System must meet the following accuracy requirements, as appropriate:

(1) For flights up to 10 hours' duration, no greater than 2 nautical miles per hour of circular error on 95 percent of system flights completed is permitted.

(2) For flights over 10 hours' duration, a tolerance of ±20 miles cross-track and ±25 miles along-track on 95 percent of system flights completed is permitted.

(b) Compass heading information to the Doppler Radar must be maintained to an accuracy of ±1° and total system deviations must not exceed 2°. When free gyro techniques are used, procedures shall be utilized to ensure that an equivalent level of heading accuracy and total system deviation is attained.

(c) Each Doppler Radar System must meet accuracy requirements of ±20 miles cross-track and ±25 miles along-track for 95 percent of the system flights completed. Updating is permitted.

A system that does not meet the requirements of this section will be considered a failed system.

7. Evaluation program. (a) Approval by evaluation must be requested as a part of the application for operational approval of a Doppler Radar or Inertial Navigation System.

(b) The applicant must provide sufficient flights which show to the satisfaction of the Administrator the applicant's ability to use cockpit navigation in his operation.

(1) Adequacy of operational procedures.

(2) Operational accuracy and reliability of equipment and feasibility of the system with regard to proposed operations.

(3) Availability of terminal, gateway, area, and en route ground-based aids, if required, to support the self-contained system.

(4) Acceptability of cockpit workload.

(5) Adequacy of flight crew qualifications.

(6) Adequacy of maintenance training and availability of spare parts.

After successful completion of evaluation demonstrations, FAA approval is indicated by issuance of amended operations specifications and en route flight procedures defining the new operation. Approval is limited to those operations for which the adequacy of the equipment and the feasibility of cockpit navigation has been satisfactorily demonstrated.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121–207, 54 FR 39293, Sept. 25, 1989]

Appendix H to Part 121—Advanced Simulation

This appendix provides guidelines and a means for achieving flightcrew training in advanced airplane simulators. This appendix describes the simulator and visual system requirements which must be achieved to obtain approval of certain types of training in the simulator. The requirements in this appendix are in addition to the simulator approval requirements in §121.407. Each simulator which is used under this appendix must be approved as a Level B, C, or D simulator, as appropriate.

To obtain FAA approval of the simulator for a specific level, the following must be demonstrated to the satisfaction of the Administrator:

1. Documented proof of compliance with the appropriate simulator, visual system, and additional training requirements of this appendix for the level for which approval is requested.

2. An evaluation of the simulator to ensure that its ground, flight, and landing performance matches the type of airplane simulated.

3. An evaluation of the appropriate simulator and visual system requirements of the level for which approval is requested.

Changes to Simulator Programing

While a need exists for some flexibility in making changes in the software program, strict scrutiny of these changes is essential to ensure that the simulator retains its ability to duplicate the airplane's flight and ground characteristics. Therefore, the following procedure must be followed to allow these changes without affecting the approval of an appendix H simulator:

1. Twenty-one calendar days before making changes to the software program which might impact flight or ground dynamics of an appendix H simulator, a complete list of these planned changes, including dynamics related to the motion and visual systems, must be provided in writing to the FAA office responsible for conducting the recurrent evaluation of that simulator.

2. If the FAA does not object to the planned change within 21 calendar days, the operator may make the change.

3. Changes which might affect the approved simulator Level B test guide must be tested by the operator in the simulator to determine the impact of the change before submission to the FAA.

4. Software changes actually installed must be summarized and provided to the FAA. When the operator's test shows a difference in simulator performance due to a change, an amended copy of the test guide page which includes the new simulator test results will also be provided to update the FAA's copy of the test guide.

5. The FAA may examine supporting data or flight check the simulator, or both, to ensure that the aerodynamic quality of the simulator has not been degraded by any change in software programming.

6. All requests for changes are evaluated on the basis of the same criteria used in the initial approval of the simulator for Level B, C, or D.

Simulator Minimum Equipment List (MEL)

Because of the strict tolerances and other approval requirements of appendix H simulators, the simulator can provide realistic training with certain nonessential items inoperative. Therefore, an operator may operate its simulator under an MEL which has been approved by the Administrator for that simulator. The MEL includes simulator components and indicates the type of training or checking that is authorized if the component becomes inoperative. To accomplish this, the component is placed in one of the following categories along with any remarks applicable to the component's use in the training program:

1. No training or checking.

2. Training in specific maneuvers.

3. Certification and checking.

4. Line Oriented Flight Training (LOFT).

Advanced Simulation Training Program

For an operator to conduct Level C or D training under this appendix all required simulator instruction and checks must be conducted under an advanced simulation training program which is approved by the Administrator for the operator. This program must also ensure that all instructors and check airmen used in appendix H training and checking are highly qualified to provide the training required in the training program. The advanced simulation training program shall include the following:

1. The operator's initial, transition, upgrade, and recurrent simulator training programs and its procedures for re-establishing recency of experience in the simulator.

2. How the training program will integrate Level B, C, and D simulators with other simulators and training devices to maximize the total training, checking, and certification functions.

3. Documentation that each instructor and check airman has served for at least 1 year in that capacity in a certificate holder's approved program or has served for at least 1 year as a pilot in command or second in command in an airplane of the group in which that pilot is instructing or checking.

4. A procedure to ensure that each instructor and check airman actively participates in either an approved regularly scheduled line flying program as a flight crewmember or an approved line observation program in the same airplane type for which that person is instructing or checking.

5. A procedure to ensure that each instructor and check airman is given a minimum of 4 hours of training each year to become familiar with the operator's advanced simulation training program, or changes to it, and to emphasize their respective roles in the program. Training for simulator instructors and check airmen shall include training policies and procedures, instruction methods and techniques, operation of simulator controls (including environmental and trouble panels), limitations of the simulator, and minimum equipment required for each course of training.

6. A special Line Oriented Flight Training (LOFT) program to facilitate the transition from the simulator to line flying. This LOFT program consists of at least a 4-hour course of training for each flightcrew. It also contains at least two representative flight segments of the operator's route. One of the flight segments contains strictly normal operating procedures from push back at one airport to arrival at another. Another flight segment contains training in appropriate abnormal and emergency flight operations.

Level B

Training and Checking Permitted

1. Recency of experience (§121.439).

2. Night takeoffs and landings (part 121, appendix E).

3. Landings in a proficiency check without the landing on the line requirements (§121.441).

Simulator Requirements

1. Aerodynamic programing to include:

a. Ground effect—for example, roundout, flare, and touchdown. This requires data on lift, drag, and pitching moment in ground effect.

b. Ground reaction—Reaction of the airplane upon contact with the runway during landing to include strut deflections, tire friction, and side forces.

c. Ground handling characteristics—steering inputs to include crosswind, braking, thrust reversing, deceleration, and turning radius.

2. Minimum of 3-axis freedom of motion systems.

3. Level B landing maneuver test guide to verify simulator data with actual airplane flight test data, and provide simulator performance tests for Level B initial approval.

4. Multichannel recorders capable of recording Level B performance tests.

Visual Requirements

1. Visual system compatibility with aerodynamic programming.

2. Visual system response time from pilot control input to visual system output shall not exceed 300 milliseconds more than the movement of the airplane to a similar input. Visual system response time is defined as the completion of the visual display scan of the first video field containing different information resulting from an abrupt control input.

3. A means of recording the visual response time for comparison with airplane data.

4. Visual cues to assess sink rate and depth perception during landings.

5. Visual scene to instrument correlation to preclude perceptible lags.

Level C

Training and Checking Permitted

1. For all pilots, transition training between airplanes in the same group, and for a pilot in command the certification check required by §61.153(g) this chapter.

2. Upgrade to pilot-in-command training and the certification check when the pilot—

a. Has previously qualified as second in command in the equipment to which the pilot is upgrading;

b. Has at least 500 hours of actual flight time while serving as second in command in an airplane of the same group; and

c. Is currently serving as second in command in an airplane in this same group.

3. Initial pilot-in-command training and the certification check when the pilot—

a. Is currently serving as second in command in an airplane of the same group;

b. Has a minimum of 2,500 flight hours as second in command in an airplane of the same group; and

c. Has served as second in command on at least two airplanes of the same group.

4. For all second-in command pilot applicants who meet the aeronautical experience requirements of §61.159 of this chapter in the airplane, the initial and upgrade training and checking required by this part, and the certification check requirements of §61.153 of this chapter.

Simulator Requirements

1. Representative crosswind and three-dimensional windshear dynamics based on airplane related data.

2. Representative stopping and directional control forces for at least the following runway conditions based on airplane related data:

a. Dry.

b. Wet.

c. Icy.

d. Patchy wet.

e. Patchy icy.

f. Wet on rubber residue in touchdown zone.

3. Representative brake and tire failure dynamics (including antiskid) and decreased brake efficiency due to high brake temperatures based on airplane related data.

4. A motion system which provides motion cues equal to or better than those provided by a six-axis freedom of motion system.

5. Operational principal navigation systems, including electronic flight instrument systems, INS, and OMEGA, if applicable.

6. Means for quickly and effectively testing simulator programing and hardware.

7. Expanded simulator computer capacity, accuracy, resolution, and dynamic response to meet Level C demands. Resolution equivalent to that of at least a 32-bit word length computer is required for critical aerodynamic programs.

8. Timely permanent update of simulator hardware and programing subsequent to airplane modification.

9. Sound of precipitation and significant airplane noises perceptible to the pilot during normal operations and the sound of a crash when the simulator is landed in excess of landing gear limitations.

10. Aircraft control feel dynamics shall duplicate the airplane simulated. This shall be determined by comparing a recording of the control feel dynamics of the simulator to airplane measurements in the takeoff, cruise, and landing configuration.

11. Relative responses of the motion system, visual system, and cockpit instruments shall be coupled closely to provide integrated sensory cues. These systems shall respond to abrupt pitch, roll, and yaw inputs at the pilot's position within 150 milliseconds of the time, but not before the time, when the airplane would respond under the same conditions. Visual scene changes from steady state disturbance shall not occur before the resultant motion onset but within the system dynamic response tolerance of 150 milliseconds. The test to determine compliance with these requirements shall include simultaneously recording the analog output from the pilot's control column and rudders, the output from an accelerometer attached to the motion system platform located at an acceptable location near the pilots' seats, the output signal to the visual system display (including visual system analog delays), and the output signal to the pilot's attitude indicator or an equivalent test approved by the Administrator. The test results in a comparison of a recording of the simulator's response to actual airplane response data in the takeoff, cruise, and landing configuration.

Visual Requirements

1. Dusk and night visual scenes with at least three specific airport representations, including a capability of at least 10 levels of occulting, general terrain characteristics, and significant landmarks.

2. Radio navigation aids properly oriented to the airport runway layout.

3. Test procedures to quickly confirm visual system color, RVR, focus, intensity, level horizon, and attitude as compared to the simulator attitude indicator.

4. For the approach and landing phase of flight, at and below an altitude of 2,000 feet height above the airport (HAA) and within a radius of 10 miles from the airport, weather representations including the following:

a. Variable cloud density.

b. Partial obscuration of ground scenes; that is, the effect of a scattered to broken cloud deck.

c. Gradual break out.

d. Patchy fog.

e. The effect of fog on airport lighting.

f. Category II and III weather conditions.

5. Continuous minimum visual field of view of 75° horizontal and 30° vertical per pilot seat. Visual gaps shall occur only as they would in the airplane simulated or as required by visual system hardware. Both pilot seat visual systems shall be able to be operated simultaneously.

6. Capability to present ground and air hazards such as another airplane crossing the active runway or converging airborne traffic.

Level D

Training and Checking Permitted

Except for the requirements listed in the next sentence, all pilot flight training and checking required by this part and the certification check requirements of §61.153(g) of this chapter. The line check required by §121.440 of this part, the static airplane requirements of appendix E of this part, and the operating experience requirements of §121.434 of this part must still be performed in the airplane.

Simulator Requirements

1. Characteristic buffet motions that result from operation of the airplane (for example, high-speed buffet, extended landing gear, flaps, nose-wheel scuffing, stall) which can be sensed at the flight deck. The simulator must be programed and instrumented in such a manner that the characteristic buffet modes can be measured and compared to airplane data. Airplane data are also required to define flight deck motions when the airplane is subjected to atmospheric disturbances such as rough air and cobblestone turbulence. General purpose disturbance models that approximate demonstrable flight test data are acceptable.

2. Aerodynamic modeling for aircraft for which an original type certificate is issued after June 1, 1980, including low-altitude, level-flight ground effect, mach effect at high altitude, effects of airframe icing, normal and reverse dynamic thrust effect on control surfaces, aero-elastic representations, and representations of nonlinearities due to side slip based on airplane flight test data provided by the manufacturer.

3. Realistic amplitude and frequency of cockpit noises and sounds, including precipitation static and engine and airframe sounds. The sounds shall be coordinated with the weather representations required in visual requirement No. 3.

4. Self-testing for simulator hardware and programming to determine compliance with Level B, C, and D simulator requirements.

5. Diagnostic analysis printout of simulator malfunctions sufficient to determine MEL compliance. These printouts shall be retained by the operator between recurring FAA simulator evaluations as part of the daily discrepancy log required under §121.407(a)(5).

Visual Requirements

1. Daylight, dusk, and night visual scenes with sufficient scene content to recognize a specific airport, the terrain, and major landmarks around that airport and to successfully accomplish a visual landing. The daylight visual scene must be part of a total daylight cockpit environment which at least represents the amount of light in the cockpit on an overcast day. For the purpose of this rule, daylight visual system is defined as a visual system capable of producing, as a minimum, full color presentations, scene content comparable in detail to that produced by 4,000 edges or 1,000 surfaces for daylight and 4,000 light points for night and dusk scenes, 6-foot lamberts of light at the pilot's eye (highlight brightness), 3-arc minutes resolution for the field of view at the pilot's eye, and a display which is free of apparent quantization and other distracting visual effects while the simulator is in motion. The simulation of cockpit ambient lighting shall be dynamically consistent with the visual scene displayed. For daylight scenes, such ambient lighting shall neither “washout” the displayed visual scene nor fall below 5-foot lamberts of light as reflected from an approach plate at knee height at the pilot's station and/or 2-foot lamberts of light as reflected from the pilot's face.

2. Visual scenes portraying representative physical relationships which are known to cause landing illusions in some pilots, including short runway, landing over water, runway gradient, visual topographic features, and rising terrain.

3. Special weather representations which include the sound, visual, and motion effects of entering light, medium, and heavy precipitation near a thunderstorm on takeoff, approach, and landings at and below an altitude of 2,000 feet HAA and within a radius of 10 miles from the airport.

4. Level C visual requirements in daylight as well as dusk and night representations.

5. Wet and, if appropriate for the operator, snow-covered runway representations, including runway lighting effects.

6. Realistic color and directionality of airport lighting.

7. Weather radar presentations in aircraft where radar information is presented on the pilot's navigation instruments.

(Secs. 313, 601, 603, 604, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, 1423, 1424); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 19758, 45 FR 44183, June 30, 1980; 45 FR 48599, July 31, 1980, as amended by Amdt. 121–258, 61 FR 30732, June 17, 1996; 61 FR 39859, July 31, 1996; Amdt. 121–267, 62 FR 68137, Dec. 30, 1997]

Appendix I to Part 121—Drug Testing Program

This appendix contains the standards and components that must be included in an antidrug program required by this chapter.

I. General

A. Purpose. The purpose of this appendix is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs by employees who perform safety-sensitive functions.

B. DOT Procedures. Each employer shall ensure that drug testing programs conducted pursuant to 14 CFR parts 65, 121, and 135 comply with the requirements of this appendix and the “Procedures for Transportation Workplace Drug Testing Programs” published by the Department of Transportation (DOT) (49 CFR part 40). An employer may not use or contract with any drug testing laboratory that is not certified by the Department of Health and Human Services (HHS) under the National Laboratory Certification Program.

C. Employer Responsibility. As an employer, you are responsible for all actions of your officials, representatives, and service agents in carrying out the requirements of this appendix and 49 CFR part 40.

D. Applicable Federal Regulations. The following applicable regulations appear in 49 CFR or 14 CFR:

1. 49 CFR

Part 40—Procedures for Transportation Workplace Drug Testing Programs

2. 14 CFR

61.14—Refusal to submit to a drug or alcohol test.

63.12b—Refusal to submit to a drug or alcohol test.

65.23—Refusal to submit to a drug or alcohol test.

65.46—Use of prohibited drugs.

67.107—First-Class Airman Medical Certificate, Mental.

67.207—Second-Class Airman Medical Certificate, Mental.

67.307—Third-Class Airman Medical Certificate, Mental.

121.429—Prohibited drugs.

121.455—Use of prohibited drugs.

121.457—Testing for prohibited drugs.

135.1—Applicability.

135.249—Use of prohibited drugs.

135.251—Testing for prohibited drugs.

135.353—Prohibited drugs.

E. Falsification. No person may make, or cause to be made, any of the following:

1. Any fraudulent or intentionally false statement in any application of an antidrug program.

2. Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this appendix.

3. Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this appendix.

II. Definitions. For the purpose of this appendix, the following definitions apply:

Accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.

Contractor is an individual or company that performs a safety-sensitive function by contract for an employer or another contractor.

DOT agency means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring drug testing (14 CFR part 61 et al.; 46 CFR part 16; 49 CFR parts 199, 219, and 382) in accordance with 49 CFR part 40.

Employee is a person who is hired, either directly or by contract, to perform a safety-sensitive function for an employer, as defined below. An employee is also a person who transfers into a position to perform a safety-sensitive function for an employer.

Employer is a part 121 certificate holder, a part 135 certificate holder, an operator as defined in §135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military. An employer may use a contract employee who is not included under that employer's FAA-mandated antidrug program to perform a safety-sensitive function only if that contract employee is included under the contractor's FAA-mandated antidrug program and is performing a safety-sensitive function on behalf of that contractor (i.e., within the scope of employment with the contractor.)

Hire means retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or other form of compensation.

Performing (a safety-sensitive function): an employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function.

Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this appendix plus the number of refusals of random drug tests required by this appendix, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under this appendix.

Prohibited drug means marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, as specified in 49 CFR 40.85.

Refusal to submit means that an employee engages in conduct including but not limited to that described in 49 CFR 40.191.

Safety-sensitive function means a function listed in section III of this appendix.

Verified negative drug test result means a drug test result from an HHS-certified laboratory that has undergone review by an MRO and has been determined by the MRO to be a negative result.

Verified positive drug test result means a drug test result from an HHS-certified laboratory that has undergone review by an MRO and has been determined by the MRO to be a positive result.

III. Employees Who Must be Tested. Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in this appendix must be subject to drug testing under an antidrug program implemented in accordance with this appendix. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:

A. Flight crewmember duties.

B. Flight attendant duties.

C. Flight instruction duties.

D. Aircraft dispatcher duties.

E. Aircraft maintenance and preventive maintenance duties.

F. Ground security coordinator duties.

G. Aviation screening duties.

H. Air traffic control duties.

IV. Substances for Which Testing Must Be Conducted. Each employer shall test each employee who performs a safety-sensitive function for evidence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines during each test required by section V. of this appendix.

V. Types of Drug Testing Required. Each employer shall conduct the following types of testing in accordance with the procedures set forth in this appendix and the DOT “Procedures for Transportation Workplace Drug Testing Programs” (49 CFR part 40):

A. Pre-Employment Testing.

1. No employer may hire any individual for a safety-sensitive function listed in section III of this appendix unless the employer first conducts a pre-employment test and receives a verified negative drug test result for that individual.

2. No employer may allow an individual to transfer from a nonsafety-sensitive to a safety-sensitive function unless the employer first conducts a pre-employment test and receives a verified negative drug test result for the individual.

3. Employers must conduct another pre-employment test and receive a verified negative drug test result before hiring or transferring an individual into a safety-sensitive function if more than 180 days elapse between conducting the pre-employment test required by section V.A.1. or V.A.2. of this appendix and hiring or transferring the individual into a safety-sensitive function, resulting in that individual being brought under an FAA drug-testing program.

4. If the following criteria are met, an employer is permitted to conduct a pre-employment test, and if such a test is conducted, the employer must receive a negative test result before putting the individual into a safety-sensitive function:

(a) The individual previously performed a safety-sensitive function for the employer and the employer is not required to pre-employment test the individual under section V.A.1. or V.A.2 of this appendix before putting the individual to work in a safety-sensitive function;

(b) The employer removed the individual from the employer's random testing program conducted under this appendix for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and

5. Before hiring or transferring an individual to a safety-sensitive function, the employer must advise each individual that the individual will be required to undergo pre-employment testing in accordance with this appendix, to determine the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite of those drugs in the individual's system. The employer shall provide this same notification to each individual required by the employer to undergo pre-employment testing under section V.A.4. of this appendix.

B. Random Testing.

1. Except as provided in paragraphs 2–4 of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees.

2. The Administrator's decision to increase or decrease the minimum annual percentage rate for random drug testing is based on the reported positive rate for the entire industry. All information used for this determination is drawn from the statistical reports required by section X of this appendix. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry positive rate. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random drug testing of covered employees. The new minimum annual percentage rate for random drug testing will be applicable starting January 1 of the calendar year following publication.

3. When the minimum annual percentage rate for random drug testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this appendix for two consecutive calendar years indicate that the reported positive rate is less than 1.0 percent.

4. When the minimum annual percentage rate for random drug testing is 25 percent, and the data received under the reporting requirements of this appendix for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random drug testing to 50 percent of all covered employees.

5. The selection of employees for random drug testing shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.

6. As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year.

(a) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random testing results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing.

(1) To calculate whether you have met the annual minimum percentage rate, count all random positives, random negatives, and random refusals as your “random testing results.”

(2) To calculate the average number of safety-sensitive employees eligible for random testing throughout the year, add the total number of safety-sensitive employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Only safety-sensitive employees are to be in an employer's random testing pool, and all safety-sensitive employees must be in the random pool. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis.

(b) As an employer, you may use a service agent to perform random selections for you, and your safety-sensitive employees may be part of a larger random testing pool of safety-sensitive employees. However, you must ensure that the service agent you use is testing at the appropriate percentage established for your industry and that only safety-sensitive employees are in the random testing pool. For example:

(1) If the service agent has your employees in a random testing pool for your company alone, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.

(2) If the service agent has your employees in a random testing pool combined with other FAA-regulated companies, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.

(3) If the service agent has your employees in a random testing pool combined with other DOT-regulated companies, you must ensure that the testing is conducted at least at the highest rate required for any DOT-regulated company in the pool.

7. Each employer shall ensure that random drug tests conducted under this appendix are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.

8. Each employer shall require that each safety-sensitive employee who is notified of selection for random drug testing proceeds to the collection site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the collection site as soon as possible.

9. If a given covered employee is subject to random drug testing under the drug testing rules of more than one DOT agency, the employee shall be subject to random drug testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee's function.

10. If an employer is required to conduct random drug testing under the drug testing rules of more than one DOT agency, the employer may—

(a) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or

(b) Randomly select covered employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject.

11. An employer required to conduct random drug testing under the anti drug rules of more than one DOT agency shall provide each such agency access to the employer's records of random drug testing, as determined to be necessary by the agency to ensure the employer's compliance with the rule.

C. Post-accident Testing. Each employer shall test each employee who performs a safety-sensitive function for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite of those drugs in the employee's system if that employee's performance either contributed to an accident or can not be completely discounted as a contributing factor to the accident. The employee shall be tested as soon as possible but not later than 32 hours after the accident. The decision not to administer a test under this section must be based on a determination, using the best information available at the time of the determination, that the employee's performance could not have contributed to the accident. The employee shall submit to post-accident testing under this section.

D. Testing Based on Reasonable Cause. Each employer must test each employee who performs a safety-sensitive function and who is reasonably suspected of having used a prohibited drug. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific contemporaneous physical, behavioral, or performance indicators of probable drug use. At least two of the employee's supervisors, one of whom is trained in detection of the symptoms of possible drug use, must substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; except that in the case of an employer, other than a part 121 certificate holder, who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use must substantiate the decision to test an employee who is reasonably suspected of drug use.

E. Return to Duty Testing. Each employer shall ensure that before an individual is returned to duty to perform a safety-sensitive function after refusing to submit to a drug test required by this appendix or receiving a verified positive drug test result on a test conducted under this appendix the individual shall undergo a return to duty drug test. No employer shall allow an individual required to undergo return to duty testing to perform a safety-sensitive function unless the employer has received a verified negative drug test result for the individual. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment.

F. Follow-up Testing. 1. Each employer shall implement a reasonable program of unannounced testing of each individual who has been hired to perform or who has been returned to the performance of a safety-sensitive function after refusing to submit to a drug test required by this appendix or receiving a verified positive drug test result on a test conducted under this appendix.

2. The number and frequency of such testing shall be determined by the employer's Substance Abuse Professional conducted in accordance with the provisions of 49 CFR part 40, but shall consist of at least six tests in the first 12 months following the employee's return to duty.

3. The employer must direct the employee to undergo testing for alcohol in accordance with appendix J of this part, in addition to drugs, if the Substance Abuse Professional determines that alcohol testing is necessary for the particular employee. Any such alcohol testing shall be conducted in accordance with the provisions of 49 CFR part 40.

4. Follow-up testing shall not exceed 60 months after the date the individual begins to perform or returns to the performance of a safety-sensitive function. The Substance Abuse Professional may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the Substance Abuse Professional determines that such testing is no longer necessary.

VI. Administrative and Other Matters. A. MRO Record Retention Requirements. 1. Records concerning drug tests confirmed positive by the laboratory shall be maintained by the MRO for 5 years. Such records include the MRO copies of the custody and control form, medical interviews, documentation of the basis for verifying as negative test results confirmed as positive by the laboratory, any other documentation concerning the MRO's verification process.

2. Should the employer change MROs for any reason, the employer shall ensure that the former MRO forwards all records maintained pursuant to this rule to the new MRO within ten working days of receiving notice from the employer of the new MRO's name and address.

3. Any employer obtaining MRO services by contract, including a contract through a C/TPA, shall ensure that the contract includes a recordkeeping provision that is consistent with this paragraph, including requirements for transferring records to a new MRO.

B. Access to Records. The employer and the MRO shall permit the Administrator or the Administrator's representative to examine records required to be kept under this appendix and 49 CFR part 40. The Administrator or the Administrator's representative may require that all records maintained by the service agent for the employer must be produced at the employer's place of business.

C. Release of Drug Testing Information. An employer shall release information regarding an employee's drug testing results, evaluation, or rehabilitation to a third party in accordance with 49 CFR part 40. Except as required by law, this appendix, or 49 CFR part 40, no employer shall release employee information.

D. Refusal to Submit to Testing. 1. Each employer must notify the FAA within 2 working days of any employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to a drug test required under this appendix. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 267–5200.

2. Employers are not required to notify the above office of refusals to submit to pre-employment or return to duty testing.

E. Permanent Disqualification From Service. An employee who has verified positive drug test results on two drug tests required by appendix I to part 121 of this chapter and conducted after September 19, 1994 is permanently precluded from performing for an employer the safety-sensitive duties the employee performed prior to the second drug test.

2. An employee who has engaged in prohibited drug use during the performance of a safety-sensitive function after September 19, 1994 is permanently precluded from performing that safety-sensitive function for an employer.

F. DOT Management Information System Annual Reports. Copies of any annual reports submitted to the FAA under this appendix must be maintained by the employer for a minimum of 5 years.

VII. Medical Review Officer/Substance Abuse Professional, and Employer Responsibilities. The employer shall designate or appoint a Medical Review Officer (MRO) who shall be qualified in accordance with 49 CFR part 40 and shall perform the functions set forth in 49 CFR part 40 and this appendix. If the employer does not have a qualified individual on staff to serve as MRO, the employer may contract for the provision of MRO services as part of its drug testing program.

A. Medical Review Officer (MRO). The MRO must perform the functions set forth in 49 CFR part 40, Subpart G, and this appendix. The MRO shall not delay verification of the primary test result following a request for a split specimen test unless such delay is based on reasons other than the fact that the split specimen test result is pending. If the primary test result is verified as positive, actions required under this rule (e.g., notification to the Federal Air Surgeon, removal from safety-sensitive position) are not stayed during the 72-hour request period or pending receipt of the split specimen test result.

B. Substance Abuse Professional (SAP). The SAP must perform the functions set forth in 49 CFR part 40, Subpart O.

C. Additional Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities Regarding 14 CFR part 67 Airman Medical Certificate Holders.

1. As part of verifying a confirmed positive test result or refusal to submit to a test, the MRO must ask and the individual must answer whether he or she holds an airman medical certificate issued under 14 CFR part 67 or would be required to hold an airman medical certificate to perform a safety-sensitive function for the employer. If the individual answers in the affirmative to either question, in addition to notifying the employer in accordance with 49 CFR part 40, the MRO must forward to the Federal Air Surgeon, at the address listed in paragraph 5, the name of the individual, along with identifying information and supporting documentation, within 2 working days after verifying a positive drug test result or refusal to submit to a test.

2. During the SAP interview required for a verified positive test result or a refusal to submit to a test, the SAP must ask and the individual must answer whether he or she holds or would be required to hold an airman medical certificate issued under 14 CFR part 67 of this chapter to perform a safety-sensitive function for the employer. If the individual answers in the affirmative, the individual must obtain an airman medical certificate issued by the Federal Air Surgeon dated after the verified positive drug test result date or refusal to test date. After the individual obtains this airman medical certificate, the SAP may recommend to the employer that the individual may be returned to a safety-sensitive position. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this appendix.

3. An employer must forward to the Federal Air Surgeon within 2 working days of receipt, copies of all reports provided to the employer by a SAP regarding the following:

(a) An individual who the MRO has reported to the Federal Air Surgeon under section VII.C.1 of this appendix; or

(b) An individual who the employer has reported to the Federal Air Surgeon under section VI.D of this appendix.

4. The employer must not permit an employee who is required to hold an airman medical certificate under 14 CFR part 67 to perform a safety-sensitive duty to resume that duty until the employee has:

(a) Been issued an airman medical certificate from the Federal Air Surgeon after the date of the verified positive drug test result or refusal to test; and

(b) Met the return to duty requirements in accordance with 49 CFR part 40.

5. Reports required under this section shall be forwarded to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591.

6. MROs, SAPs, and employers who send reports to the Federal Air Surgeon must keep a copy of each report for 5 years.

VIII. Employee Assistance Program (EAP). The employer shall provide an EAP for employees. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to an employee. Each EAP must include education and training on drug use for employees and training for supervisors making determinations for testing of employees based on reasonable cause.

A. EAP Education Program. Each EAP education program must include at least the following elements: display and distribution of informational material; display and distribution of a community service hot-line telephone number for employee assistance; and display and distribution of the employer's policy regarding drug use in the workplace. The employer's policy shall include information regarding the consequences under the rule of using drugs while performing safety-sensitive functions, receiving a verified positive drug test result, or refusing to submit to a drug test required under the rule.

B. EAP Training Program. Each employer shall implement a reasonable program of initial training for employees. The employee training program must include at least the following elements: The effects and consequences of drug use on personal health, safety, and work environment; the manifestations and behavioral cues that may indicate drug use and abuse; and documentation of training given to employees and employer's supervisory personnel. The employer's supervisory personnel who will determine when an employee is subject to testing based on reasonable cause shall receive specific training on specific, contemporaneous physical, behavioral, and performance indicators of probable drug use in addition to the training specified above. The employer shall ensure that supervisors who will make reasonable cause determinations receive at least 60 minutes of initial training. The employer shall implement a reasonable recurrent training program for supervisory personnel making reasonable cause determinations during subsequent years. The employer shall identify the employee and supervisor EAP training in the employer's drug testing plan submitted to the FAA for approval.

IX. Implementing an Antidrug Program.

A. Each company must meet the requirements of this appendix. Use the following chart to determine whether your company must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification or whether you must register with the FAA:

------------------------------------------------------------------------ If you are . . . You must . . .------------------------------------------------------------------------1. A part 121 or 135 certificate holder... Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector.2. A sightseeing operator as defined in Register with the FAA, § 135.1(c) of this chapter. Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.3. An air traffic control facility not Register with the FAA, operated by the FAA or by or under Office of Aerospace contract to the U.S. Military. Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.4. A part 145 certificate holder who has Obtain an Antidrug and your own antidrug program. Alcohol Misuse Prevention Program Operations Specification by contacting your Principal Maintenance Inspector.5. A contractor who has your own antidrug Register with the FAA, program. Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.------------------------------------------------------------------------

B. Use the following chart for implementing an antidrug program if you are applying for a part 121 or 135 certificate, if you intend to begin sightseeing operations as defined in §135.1(c) of this chapter, or if you intend to begin air traffic control operations (not operated by the FAA or by or under contract to the U.S. military.) Use it to determine whether you need to have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, or whether you need to register with the FAA. Your employees who perform safety-sensitive duties must be tested in accordance with this appendix. The chart follows:

------------------------------------------------------------------------ If you are . . . You must . . .------------------------------------------------------------------------1. Apply for a part 121 certificate or a. Have an Antidrug and apply for a part 135 certificate. Alcohol Misuse Prevention Program Operations Specification, b. Implement an FAA antidrug program no later than the date you start operations, and c. Meet the requirements of this appendix.2. Intend to begin sightseeing operations a. Register with the FAA, as defined in § 135.1(c) of this Office of Aerospace chapter. Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 prior to starting operations, b. Implement an FAA antidrug program no later than the date you start operations, and c. Meet the requirements of this appendix.3. Intend to begin air traffic control a. Register with the FAA, operations (at an air traffic control Office of Aerospace facility not operated by the FAA or by or Medicine, Drug Abatement under contract to the U.S. military). Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591, b. Implement an FAA antidrug program no later than the date you start operations, and c. Meet the requirements of this appendix.------------------------------------------------------------------------

C. 1. If you are an individual or company that intends to provide safety-sensitive services by contract to a part 121 or 135 certificate holder, a sightseeing operation as defined in §135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military, use the chart in paragraph C.2 of this section to determine what you must do if you opt to have your own antidrug program.

2. The following chart explains what you must do if you opt to have your own antidrug program:

------------------------------------------------------------------------ If you . . . You must . . .------------------------------------------------------------------------a. Are a part 145 certificate holder...... i. Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, ii. Implement an FAA Antidrug Program no later than the date you start performing safety-sensitive functions for a part 121 or 135 certificate holder or sightseeing operator as defined in § 135.1(c) of this chapter, and iii. Meet the requirements of this appendix as if you were an employer.b. Are a contractor (e.g., a security i. Register with the FAA, company, a non-certificated repair Office of Aerospace station, a temporary employment service Medicine, Drug Abatement company or any other individual or Division (AAM-810), 800 company that provides safety-sensitive Independence Avenue, SW, services). Washington, DC 20591, ii. Implement an FAA Antidrug Program no later than the date you start performing safety-sensitive functions for a part 121 or 135 certificate holder, a sightseeing operator as defined in § 135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military, and iii. Meet the requirements of this appendix as if you were an employer.------------------------------------------------------------------------

D. 1. To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. Provide him/her with the following information:

a. Company name.

b. Certificate number.

c. Telephone number.

d. Address where your Antidrug and Alcohol Misuse Prevention Program records are kept.

e. Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. (Part 121 certificate holders are not required to provide this information.)

2. You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector that you will comply with this appendix, appendix J of this part, and 49 CFR part 40.

3. You are required to obtain only one Antidrug and Alcohol Misuse Prevention Program Operations Specification to satisfy this requirement under this appendix and appendix J of this part.

4. You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur.

E. 1. To register with the FAA, submit the following information:

a. Company name.

b. Telephone number.

c. Address where your Antidrug and Alcohol Misuse Prevention Program records are kept.

d. Type of safety-sensitive functions you perform for an employer (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties).

e. Whether you have 50 or more safety-sensitive employees, or 49 or fewer covered employees.

f. A signed statement indicating that: your company will comply with this appendix, appendix J of this part, and 49 CFR part 40; and, if you are a contractor, you intend to provide safety-sensitive functions by contract to a part 121 or part 135 certificate holder, a sightseeing operator as defined in §135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military.

2. Send this information in the form and manner prescribed by the Administrator, in duplicate to: The Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM–810), 800 Independence Avenue, SW., Washington, DC 20591.

3. Update the registration information as changes occur. Send the updates in duplicate to the address specified in paragraph 2.

4. This registration will satisfy the registration requirements for both your Antidrug Program under this appendix and your Alcohol Misuse Prevention Program under appendix J of this part.

X. Annual Reports.

A. Annual reports of testing results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the provisions below.

1. Each part 121 certificate holder shall submit an annual report each year.

2. Each entity conducting an antidrug program under this part, other than a part 121 certificate holder, that has 50 or more employees performing a safety-sensitive function on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year.

3. The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA.

B. As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix H to 49 CFR part 40). You may also use the electronic version of the MIS form provided by DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. For information on where to submit MIS forms and for the electronic version of the form, see: http://www.faa.gov/avr/aam/adap.

C. A service agent may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated Employer Representative as defined in 49 CFR part 40) must certify the accuracy and completeness of the MIS report, no matter who prepares it.

XI. Preemption. A. The issuance of 14 CFR parts 65, 121, and 135 by the FAA preempts any state or local law, rule, regulation, order, or standard covering the subject matter of 14 CFR parts 65, 121, and 135, including but not limited to, drug testing of aviation personnel performing safety-sensitive functions.

B. The issuance of 14 CFR parts 65, 121, and 135 does not preempt provisions of state criminal law that impose sanctions for reckless conduct of an individual that leads to actual loss of life, injury, or damage to property whether such provisions apply specifically to aviation employees or generally to the public.

XII. Testing Outside the Territory of the United States. A. No part of the testing process (including specimen collection, laboratory processing, and MRO actions) shall be conducted outside the territory of the United States.

1. Each employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment.

2. Each covered employee who is removed from the random testing pool under this paragraph A shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States.

B. The provisions of this appendix shall not apply to any person who performs a function listed in section III of this appendix by contract for an employer outside the territory of the United States.

XIII. Waivers from 49 CFR 40.21. An employer subject to this part may petition the Drug Abatement Division, Office of Aerospace Medicine, for a waiver allowing the employer to stand down an employee following a report of a laboratory confirmed positive drug test or refusal, pending the outcome of the verification process.

A. Each petition for a waiver must be in writing and include substantial facts and justification to support the waiver. Each petition must satisfy the substantive requirements for obtaining a waiver, as provided in 49 CFR 40.21.

B. Each petition for a waiver must be submitted to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591.

C. The Administrator may grant a waiver subject to 49 CFR 40.21(d).

[Amdt. 121–240, 59 FR 42928, Aug. 19, 1994; 59 FR 53869, Oct. 26, 1994, as amended at 59 FR 62226, Dec. 2, 1994; Amdt. 121–240, 59 FR 66672, Dec. 28, 1994; 61 FR 37224, July 17, 1996; 65 FR 18887, Apr. 10, 2000; 66 FR 41966, Aug. 9, 2001; Amdt. 121–287, 66 FR 57866, Nov. 19, 2001; 68 FR 75460, Dec. 31, 2003; Amdt. 121–302, 69 FR 1855, Jan. 12, 2004; Amdt. 121–315, 71 FR 1676, Jan. 10, 2006; Amdt. 121–325, 71 FR 35764, June 21, 2006]

Appendix J to Part 121—Alcohol Misuse Prevention Program

This appendix contains the standards and components that must be included in an alcohol misuse prevention program required by this chapter.

I. General

A. Purpose. The purpose of this appendix is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform safety-sensitive functions in aviation.

B. Alcohol testing procedures. Each employer shall ensure that all alcohol testing conducted pursuant to this appendix complies with the procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address alcohol testing are made applicable to employers by this appendix.

D. Definitions.

As used in this appendix—

Accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and the time all such persons have disembarked, and in which any person suffers death or serious injury or in which the aircraft receives substantial damage.

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.

Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this appendix.

Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

Contractor means an individual or company that performs a safety-sensitive function by contract for an employer or another contractor.

Covered employee means a person who performs, either directly or by contract, a safety-sensitive function listed in section II of this appendix for an employer (as defined below). For purposes of pre-employment testing only, the term “covered employee” includes a person applying to perform a safety-sensitive function.

DOT agency means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring alcohol testing (14 CFR parts 65, 121, and 135; 49 CFR parts 199, 219, and 382) in accordance with 49 CFR part 40.

Employer means a part 121 certificate holder; a part 135 certificate holder; an air traffic control facility not operated by the FAA or by or under contract to the U.S. military; and an operator as defined in 14 CFR 135.1(c).

Refusal to submit means that a covered employee has engaged in conduct including but not limited to that described in 49 CFR 40.261, or has failed to remain readily available for post-accident testing as required by this appendix.

Safety-sensitive function means a function listed in section II of this appendix.

Violation rate for random alcohol testing means the number of 0.04 and above random alcohol confirmation test results conducted under this appendix plus the number of refusals of random alcohol tests required by this appendix, divided by the total number of random alcohol screening tests (including refusals) conducted under this appendix.

E. Preemption of State and local laws.

1. Except as provided in subparagraph 2 of this paragraph, these regulations preempt any State or local law, rule, regulation, or order to the extent that:

(a) Compliance with both the State or local requirement and this appendix is not possible; or

(b) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this appendix.

2. The alcohol misuse requirements of this title shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public.

F. Other requirements imposed by employers.

Except as expressly provided in these alcohol misuse requirements, nothing in these requirements shall be construed to affect the authority of employers, or the rights of employees, with respect to the use or possession of alcohol, including any authority and rights with respect to alcohol testing and rehabilitation.

G. Requirement for notice.

Before performing an alcohol test under this appendix, each employer shall notify a covered employee that the alcohol test is required by this appendix. No employer shall falsely represent that a test is administered under this appendix.

H. Applicable Federal Regulations. The following applicable regulations appear in 49 CFR and 14 CFR:

1. 49 CFR

Part 40—Procedures for Transportation Workplace Drug Testing Programs

2. 14 CFR

61.14—Refusal to submit to a drug or alcohol test.

63.12b—Refusal to submit to a drug or alcohol test.

65.23—Refusal to submit to a drug or alcohol test.

65.46a—Misuse of Alcohol.

65.46b—Testing for Alcohol.

67.107—First-Class Airman Medical Certificate, Mental.

67.207—Second-Class Airman Medical Certificate, Mental.

67.307—Third-Class Airman Medical Certificate, Mental.

121.458—Misuse of alcohol.

121.459—Testing for alcohol.

135.1—Applicability.

135.253—Misuse of alcohol.

135.255—Testing for alcohol.

I. Falsification. No person may make, or cause to be made, any of the following:

1. Any fraudulent or intentionally false statement in any application of an alcohol misuse prevention program.

2. Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this appendix.

3. Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this appendix.

II. Covered Employees

A. Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in this appendix must be subject to alcohol testing under an alcohol misuse prevention program implemented in accordance with this appendix. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:

1. Flight crewmember duties.

2. Flight attendant duties.

3. Flight instruction duties.

4. Aircraft dispatcher duties.

5. Aircraft maintenance or preventive maintenance duties.

6. Ground security coordinator duties.

7. Aviation screening duties.

8. Air traffic control duties.

B. Each employer must identify any employee who is subject to the alcohol testing regulations of more than one DOT agency. Prior to conducting any alcohol test on a covered employee subject to the alcohol testing regulations of more than one DOT agency, the employer must determine which DOT agency authorizes or requires the test.

III. Tests Required

A. Pre-employment testing

As an employer, you may, but are not required to, conduct pre-employment alcohol testing under this part. If you choose to conduct pre-employment alcohol testing, you must comply with the following requirements:

1. You must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).

2. You must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others).

3. You must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.

4. You must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR Part 40.

5. You must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04. If a pre-employment test result under this paragraph indicates an alcohol concentration of 0.02 or greater but less than 0.04, the provisions of paragraph F. of section V. of this appendix apply.

B. Post-accident testing

1. As soon as practicable following an accident, each employer shall test each surviving covered employee for alcohol if that employee's performance of a safety-sensitive function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. The decision not to administer a test under this section shall be based on the employer's determination, using the best available information at the time of the determination, that the covered employee's performance could not have contributed to the accident.

2. If a test required by this section is not administered within 2 hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FAA upon request of the Administrator or his or her designee.

3. A covered employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

C. Random testing

1. Except as provided in paragraphs 2–4 of this section, the minimum annual percentage rate for random alcohol testing will be 25 percent of the covered employees.

2. The Administrator's decision to increase or decrease the minimum annual percentage rate for random alcohol testing is based on the violation rate for the entire industry. All information used for this determination is drawn from MIS reports required by this appendix. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing of covered employees. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication.

3. (a) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the Administrator may lower this rate to 10 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this appendix for two consecutive calendar years indicate that the violation rate is less than 0.5 percent.

(b) When the minimum annual percentage rate for random alcohol testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this appendix for two consecutive calendar years indicate that the violation rate is less than 1.0 percent but equal to or greater than 0.5 percent.

4. (a) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received under the reporting requirements of this appendix for that calendar year indicate that the violation rate is equal to or greater than 0.5 percent but less than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 25 percent of all covered employees.

(b) When the minimum annual percentage rate for random alcohol testing is 25 percent or less, and the data received under the reporting requirements of this appendix for that calendar year indicate that the violation rate is equal to or greater than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 50 percent of all covered employees.

5. The selection of employees for random alcohol testing shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.

6. As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year.

(a) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random alcohol screening test results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing.

(1) To calculate whether you have met the annual minimum percentage rate, count all random screening test results below 0.02 breath alcohol concentration, random screening test results of 0.02 or greater breath alcohol concentration, and random refusals as your “random alcohol screening test results.”

7. Each employer shall ensure that random alcohol tests conducted under this appendix are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.

8. Each employer shall require that each covered employee who is notified of selection for random testing proceeds to the testing site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.

9. A covered employee shall only be randomly tested while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions.

10. If a given covered employee is subject to random alcohol testing under the alcohol testing rules of more than one DOT agency, the employee shall be subject to random alcohol testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee's functions.

11. If an employer is required to conduct random alcohol testing under the alcohol testing rules of more than one DOT agency, the employer may—

(a) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or

(b) Randomly select such employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject.

D. Reasonable Suspicion Testing

1. An employer shall require a covered employee to submit to an alcohol test when the employer has reasonable suspicion to believe that the employee has violated the alcohol misuse prohibitions in §65.46a, 121.458, or 135.253 of this chapter.

2. The employer's determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee.

3. Alcohol testing is authorized by this section only if the observations required by paragraph 2 are made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this rule. An employee may be directed by the employer to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions.

4. (a) If a test required by this section is not administered within 2 hours following the determination made under paragraph 2 of this section, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the determination made under paragraph 2 of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.

(b) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until:

(1) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or

(2) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph 2 of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in §65.46a, 121.458, or 135.253 of this chapter.

(c) No employer shall take any action under this appendix against a covered employee based solely on the employee's behavior and appearance in the absence of an alcohol test. This does not prohibit an employer with authority independent of this appendix from taking any action otherwise consistent with law.

E. Return to Duty Testing

Each employer shall ensure that before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited in §65.46a, §121.458, or §135.253 of this chapter, the employee shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment.

F. Follow-up Testing

1. Each employer shall ensure that the employee who engages in conduct prohibited by §65.46a, §121.458, or §135.253 of this chapter is subject to unannounced follow-up alcohol testing as directed by a SAP.

2. The number and frequency of such testing shall be determined by the employer's SAP, but must consist of at least six tests in the first 12 months following the employee's return to duty.

3. The employer must direct the employee to undergo testing for drugs in accordance with appendix I of this part, in addition to alcohol, if the SAP determines that drug testing is necessary for the particular employee. Any such drug testing shall be conducted in accordance with the provisions of 49 CFR part 40.

4. Follow-up testing shall not exceed 60 months after the date the individual begins to perform or returns to the performance of a safety-sensitive function. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the SAP determines that such testing is no longer necessary.

5. A covered employee shall be tested for alcohol under this paragraph only while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.

G. Retesting of Covered Employees With an Alcohol Concentration of 0.02 or Greater but Less Than 0.04

Each employer shall retest a covered employee to ensure compliance with the provisions of section V, paragraph F of this appendix, if the employer chooses to permit the employee to perform a safety-sensitive function within 8 hours following the administration of an alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04.

IV. Handling of Test Results, Record Retention, and Confidentiality

A. Retention of Records

1. General Requirement. In addition to the records required to be maintained under 49 CFR part 40, employers must maintain records required by this appendix in a secure location with controlled access.

2. Period of retention.

(a) Five years.

(1) Copies of any annual reports submitted to the FAA under this appendix for a minimum of 5 years.

(2) Records of notifications to the Federal Air Surgeon of refusals to submit to testing and violations of the alcohol misuse prohibitions in this chapter by covered employees who hold medical certificates issued under part 67 of this chapter.

(3) Documents presented by a covered employee to dispute the result of an alcohol test administered under this appendix.

(4) Records related to other violations of §65.46a, §121.458, or §135.253 of this chapter.

(b) Two years. Records related to the testing process and training required under this appendix.

(1) Documents related to the random selection process.

(2) Documents generated in connection with decisions to administer reasonable suspicion alcohol tests.

(3) Documents generated in connection with decisions on post-accident tests.

(4) Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing.

(5) Materials on alcohol misuse awareness, including a copy of the employer's policy on alcohol misuse.

(6) Documentation of compliance with the requirements of section VI, paragraph A of this appendix.

(7) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion.

(8) Certification that any training conducted under this appendix complies with the requirements for such training.

B. Annual Reports

1. Annual reports of alcohol misuse prevention program results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the provisions below.

(a) Each part 121 certificate holder shall submit an annual report each year.

(b) Each entity conducting an alcohol misuse prevention program under this part, other than a part 121 certificate holder, that has 50 or more employees performing a safety-sensitive function on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year.

(c) The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA.

2. As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix H to 49 CFR part 40). You may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. For information on where to submit MIS forms and for the electronic version of the form, see: http://www.faa.gov/avr/aam/adap.

3. A service agent may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated Employer Representative as defined in 49 CFR part 40) must certify the accuracy and completeness of the MIS report, no matter who prepares it.

C. Access to Records and Facilities

1. Except as required by law or expressly authorized or required in this appendix, no employer shall release covered employee information that is contained in records required to be maintained under this appendix.

2. A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests in accordance with 49 CFR part 40. The employer shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested.

3. Each employer shall permit access to all facilities utilized in complying with the requirements of this appendix to the Secretary of Transportation or any DOT agency with regulatory authority over the employer or any of its covered employees.

V. Consequences for Employees Engaging in Alcohol-Related Conduct

A. Removal From Safety-sensitive Function

1. Except as provided in 49 CFR part 40, no covered employee shall perform safety-sensitive functions if the employee has engaged in conduct prohibited by §65.46a, 121.458, or 135.253 of this chapter or an alcohol misuse rule of another DOT agency.

2. No employer shall permit any covered employee to perform safety-sensitive functions if the employer has determined that the employee has violated this paragraph.

B. Permanent Disqualification From Service

An employee who violates §65.46a(c), 121.458(c), or 135.253(c) of this chapter, or who engages in alcohol use that violates another alcohol misuse provision of §65.46a, 121.458, or 135.253 of this chapter and had previously engaged in alcohol use that violated the provisions of §65.46a, 121.458, or 135.253 of this chapter after becoming subject to such prohibitions is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation.

C. Notice to the Federal Air Surgeon

1. An employer who determines that a covered employee who holds an airman medical certificate issued under part 67 of this chapter has engaged in alcohol use that violated the alcohol misuse provisions of §65.46a, 121.458, or 135.253 of this chapter shall notify the Federal Air Surgeon within 2 working days.

2. Each such employer shall forward to the Federal Air Surgeon a copy of the report of any evaluation performed under the provisions of section VI.C. of this appendix within 2 working days of the employer's receipt of the report.

3. All documents must be sent to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM–800), 800 Independence Avenue, SW, Washington, DC 20591.

4. No covered employee who is required to hold an airman medical certificate in order to perform a safety-sensitive duty may perform that duty following a violation of this appendix until the covered employee obtains an airman medical certificate issued by the Federal Air Surgeon dated after the alcohol test result or refusal to test date. After the covered employee obtains this airman medical certificate, the SAP may recommend to the employer that the covered employee may be returned to a safety-sensitive position. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this appendix.

5. Once the Federal Air Surgeon has recommended under paragraph C.4. of this section that the employee be permitted to perform safety-sensitive duties, the employer cannot permit the employee to perform those safety-sensitive duties until the employer has ensured that the employee meets the return to duty requirements in accordance with 49 CFR part 40.

D. Notice of Refusals

1. Each covered employer must notify the FAA within 2 working days of any employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to a drug test required under this appendix. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 267–5200.

2. [Reserved]

E. Required Evaluation and Testing

No covered employee who has engaged in conduct prohibited by §65.46a, 121.458, or 135.253 of this chapter shall perform safety-sensitive functions unless the employee has met the requirements of 49 CFR part 40. No employer shall permit a covered employee who has engaged in such conduct to perform safety-sensitive functions unless the employee has met the requirements of 49 CFR part 40.

F. Other Alcohol-Related Conduct

1. No covered employee tested under the provisions of section III of this appendix who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, nor shall an employer permit the employee to perform or continue to perform safety-sensitive functions, until:

(a) The employee's alcohol concentration measures less than 0.02; or

(b) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following administration of the test.

2. Except as provided in subparagraph 1 of this paragraph, no employer shall take any action under this rule against an employee based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this rule from taking any action otherwise consistent with law.

VI. Alcohol Misuse Information, Training, and Substance Abuse Professional

A. Employer Obligation To Promulgate a Policy on the Misuse of Alcohol

1. General requirements. Each employer shall provide educational materials that explain these alcohol misuse requirements and the employer's policies and procedures with respect to meeting those requirements.

(a) The employer shall ensure that a copy of these materials is distributed to each covered employee prior to the start of alcohol testing under the employer's FAA-mandated alcohol misuse prevention program and to each person subsequently hired for or transferred to a covered position.

(b) Each employer shall provide written notice to representatives of employee organizations of the availability of this information.

2. Required content. The materials to be made available to employees shall include detailed discussion of at least the following:

(a) The identity of the person designated by the employer to answer employee questions about the materials.

(b) The categories of employees who are subject to the provisions of these alcohol misuse requirements.

(c) Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with these alcohol misuse requirements.

(d) Specific information concerning employee conduct that is prohibited by this chapter.

(e) The circumstances under which a covered employee will be tested for alcohol under this appendix.

(f) The procedures that will be used to test for the presence of alcohol, protect the employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee.

(g) The requirement that a covered employee submit to alcohol tests administered in accordance with this appendix.

(h) An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences.

(i) The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR part 40, subpart O.

(j) The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04.

(k) Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem; and available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management.

(l) Optional provisions. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the employer's authority independent of this appendix. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.

B. Training for Supervisors

Each employer shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under section II of this appendix receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.

C. Substance Abuse Professional (SAP) Duties

The SAP must perform the functions set forth in 49 CFR part 40, Subpart O, and this appendix.

VII. How To Implement an Alcohol Misuse Prevention Program

------------------------------------------------------------------------ If you are . . . You must . . .------------------------------------------------------------------------1. A part 121 or 135 certificate holder... Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector.2. A sightseeing operator as defined in Register with the FAA, § 135.1(c). Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.3. An air traffic control facility not Register with the FAA, operated by the FAA or by or under Office of Aerospace contract to the U.S. Military. Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.4. A part 145 certificate holder who has Obtain an Antidrug and your own alcohol misuse prevention Alcohol Misuse Prevention program. Program Operations Specification by contacting your FAA Principal Maintenance Inspector.5. A contractor who has your own alcohol Register with the FAA, misuse prevention program. Office of Aerospace Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 by March 12, 2004.------------------------------------------------------------------------

B. Use the following chart for implementing an Alcohol Misuse Prevention Program if you are applying for a part 121 or 135 certificate, if you intend to begin sightseeing operations as defined in §135.1(c) of this chapter, or if you intend to begin air traffic control operations (not operated by the FAA or by or under contract to the U.S. military.) Use it to determine whether you need to have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, or whether you need to register with the FAA. Your employees who perform safety-sensitive duties must be tested in accordance with this appendix. The chart follows:

------------------------------------------------------------------------ If you . . . You must . . .------------------------------------------------------------------------1. Apply for a part 121 certificate or a. Have an Antidrug and apply for a part 135 certificate. Alcohol Misuse Prevention Operations Specification, b. Implement an FAA Alcohol Misuse Prevention Program no later than the date you start operations, and c. Meet the requirements of this appendix.2. Intend to begin sightseeing operations a. Register with the FAA, as defined in § 135.1(c) of this Office of Aerospace chapter.. Medicine, Drug Abatement Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591 prior to starting operations, b. Implement an FAA Alcohol Misuse Prevention Program no later than the date you start operations, and c. Meet the requirements of this appendix.3. Intend to begin air traffic control a. Register with the FAA, operations (at an air traffic control Office of Aerospace facility not operated by the FAA or by or Medicine, Drug Abatement under contract to the U.S. military). Division (AAM-810), 800 Independence Avenue, SW, Washington, DC 20591, b.Implement an FAA Alcohol Misuse Prevention Program no later than the date you start operations, and c. Meet the requirements of this appendix.------------------------------------------------------------------------

C. 1. If you are an individual or a company that intends to provide safety-sensitive services by contract to a part 121 or 135 certificate holder or a sightseeing operator as defined in §135.1(c) of this chapter, use the chart in paragraph C.2. of this section to determine what you must do if you opt to have your own Alcohol Misuse Prevention Program.

2. The following chart explains what you must do if you opt to have your own Alcohol Misuse Prevention Program:

------------------------------------------------------------------------ If you . . . You must . . .------------------------------------------------------------------------a. Are a part 145 certificate holder...... i. Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, ii. Implement an FAA Alcohol Misuse Prevention Program no later than the date you start performing safety- sensitive functions for a part 121 or 135 certificate holder or sightseeing operator as defined in § 135.1(c) of this chapter, and iii. Meet the requirements of this appendix as if you were an employer.b. Are a contractor (e.g., a security i. Register with the FAA, company, a noncertificated repair Office of Aerospace station, a temporary employment service Medicine, Drug Abatement company or any other individual or Division (AAM-810), 800 company that provides safety-sensitive Independence Avenue, SW., services). Washington, DC 20591, ii. Implement an FAA Alcohol Misuse Prevention Program no later than the date you start performing safety- sensitive functions for a part 121 or 135 certificate holder or sightseeing operator as defined in § 135.1(c) of this chapter, and iii. Meet the requirements of this appendix as if you were an employer.------------------------------------------------------------------------

a. Company name.

b. Certificate number.

c. Telephone number.

d. Address where your Antidrug and Alcohol Misuse Prevention Program records are kept.

e. Whether you have 50 or more covered employees, or 49 or fewer covered employees. (Part 121 certificate holders are not required to provide this information.)

2. You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification, issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector, that you will comply with appendix I of this part, this appendix, and 49 CFR part 40.

3. You are required to obtain only one Antidrug and Alcohol Misuse Prevention Program Operations Specification to satisfy this requirement under appendix I of this part and this appendix.

4. You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur.

E. 1. To register with the FAA, submit the following information:

a. Company name.

b. Telephone number.

c. Address where your Antidrug and Alcohol Misuse Prevention Program records are kept.

e. Whether you have 50 or more covered employees, or 49 or fewer covered employees.

f. A signed statement indicating that: Your company will comply with this appendix, appendix I of this part, and 49 CFR part 40; and, if you are a contractor, you intend to provide safety-sensitive functions by contract to a part 121 or part 135 certificate holder, a sightseeing operator as defined by §135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military.

3. Update the registration information as changes occur. Send the updates in duplicate to the address specified in paragraph 2.

4. This registration will satisfy the registration requirements for both your Antidrug Program under appendix I of this part and your Alcohol Misuse Prevention Program under this appendix.

VIII. Employees Located Outside the U.S.

A. No covered employee shall be tested for alcohol misuse while located outside the territory of the United States.

1. Each covered employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment.

2. Each covered employee who is removed from the random testing pool under this paragraph shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States.

B. The provisions of this appendix shall not apply to any person who performs a safety-sensitive function by contract for an employer outside the territory of the United States.

[Amdt. 121–237, 59 FR 7390, Feb. 15, 1994, as amended at 59 FR 53086, Oct. 21, 1994; 59 FR 62238, 62239, Dec. 2, 1994; 59 FR 66672, Dec. 28, 1994; 61 FR 37224, July 17, 1996; 65 FR 18887, Apr. 10, 2000; 66 FR 41967, Aug. 9, 2001; Amdt. 121–287, 66 FR 57866, Nov. 19, 2001; 68 FR 75461, Dec. 31, 2003; 69 FR 1858, Jan. 12, 2004; 69 FR 12938, Mar. 18, 2004; Amdt. 121–315, 71 FR 1677, Jan. 10, 2006; Amdt. 121–325, 71 FR 35765, June 21, 2006; 71 FR 38517, July 7, 2006]

Effective Date Note: By Amdt. 121–237, 60 FR 24766, May 10, 1995, part 121, was amended by suspending appendix J, sec. III, subsection A (“Pre-employment”), effective May 10, 1995.

Appendix K to Part 121—Performance Requirements for Certain Turbopropeller Powered Airplanes

1. Applicability. This appendix specifies requirements for the following turbopropeller powered airplanes that must comply with the Airplane Performance Operating Limitations in §§121.189 through 121.197:

a. After December 20, 2010, each airplane manufactured before March 20, 1997 and type certificated in the:

i. Normal category before July 1, 1970, and meets special conditions issued by the Administrator for airplanes intended for use in operations under part 135 of this chapter.

ii. Normal category before July 19, 1970, and meets the additional airworthiness standards in SFAR No. 23 of 14 CFR part 23.

iii. Normal category, and complies with the additional airworthiness standards in appendix A of part 135 of this chapter.

iv. Normal category, and complies with section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR part 21.

b. After March 20, 1997, each airplane:

i. Type certificated prior to March 29, 1995, in the commuter category.

ii. Manufactured on or after March 20, 1997, and that was type certificated in the normal category, and complies with the requirements described in paragraphs 1.a.i through iii of this appendix.

2. Background. Sections 121.157 and 121.173(b) require that the airplanes operated under this part and described in paragraph 1 of this appendix, comply with the Airplane Performance Operating Limitations in §§121.189 through 121.197. Airplanes described in §121.157(f) and paragraph 1.a of this appendix must comply on and after December 20, 2010. Airplanes described in §121.157(e) and paragraph 1.b of this appendix must comply on and after March 20, 1997. (Airplanes type certificated in the normal category, and in accordance with SFAR No. 41 of 14 CFR part 21, as described in paragraph 1.a.iv of this appendix, may not be produced after October 17, 1991.)

3. References. Unless otherwise specified, references in this appendix to sections of part 23 of this chapter are to those sections of 14 CFR part 23, as amended by Amendment No. 23–45 (August 6, 1993, 58 FR 42156).

Performance

4. Interim Airplane Performance Operating Limitations.

a. Until December 20, 2010, airplanes described in paragraph 1.a of this appendix may continue to comply with the requirements in subpart I of part 135 and §135.181(a)(2) of this chapter that apply to small, nontransport category airplanes.

b. Until March 20, 1997, airplanes described in paragraph 1.b.i of this appendix may continue to comply with the requirements in subpart I of part 135 of this chapter that apply to commuter category airplanes.

5. Final Airplane Performance Operating Limitations.

a. Through an amended type certification program or a supplemental type certification program, each airplane described in paragraph 1.a and 1.b.ii of this appendix must be shown to comply with the commuter category performance requirements specified in this appendix, which are included in part 23 of this chapter. Each new revision to a current airplane performance operating limitation for an airplane that is or has been demonstrated to comply, must also be approved by the Administrator. An airplane approved to the requirements of section 1.(b) of SFAR No. 41 of 14 CFR part 21, as described in paragraph 1.a.iv of this appendix, and that has been demonstrated to comply with the additional requirements of section 4.(c) of SFAR No. 41 of 14 CFR part 21 and International Civil Aviation Organization Annex 8 (available from the FAA, 800 Independence Avenue SW., Washington, DC 20591), will be considered to be in compliance with the commuter category performance requirements.

b. Each turbopropeller powered airplane subject to this appendix must be demonstrated to comply with the airplane performance operating limitation requirements of this chapter specified as follows:

i. Section 23.45 Performance General.

ii. Section 23.51 Takeoff.

iii. Section 23.53 Takeoff speeds.

iv. Section 23.55 Accelerate stop distance.

v. Section 23.57 Takeoff path.

vi. Section 23.59 Takeoff distance and takeoff run.

vii. Section 23.61 Takeoff flight path.

viii. Section 23.65 Climb: All engines operating.

ix. Section 23.67 Climb: one engine inoperative.

x. Section 23.75 Landing.

xi. Section 23.77 Balked landing.

xii. Sections 23.1581 through 23.1589 Airplane flight manual and approved manual material.

6. Operation. After compliance with the final airplane performance operating limitations requirements has been demonstrated and added to the Airplane Flight Manual performance data of the affected airplane, that airplane must be operated in accordance with the performance limitations of §§121.189 through 121.197.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Doc. No. OST–2002–13435]

Appendix L to Part 121—Type Certification Regulations Made Previously Effective

Appendix L lists regulations in this part that require compliance with standards contained in superseded type certification regulations that continue to apply to certain transport category airplanes. The tables set out citations to current CFR section, applicable aircraft, superseded type certification regulation and applicable time periods, and the CFR edition and Federal Register documents where the regulation having prior effect is found. Copies of all superseded regulations may be obtained at the Federal Aviation Administration Law Library, Room 924, 800 Independence Avenue SW., Washington, DC.

 ------------------------------------------------------------------------                                                      Provisions: CFR/FR        Part 121 section         Applicable aircraft      references------------------------------------------------------------------------§ 121.312(a)(1)(i)........  Transport category;  Heat release rate                                  or nontransport      testing. 14 CFR                                  category type        25.853(d) in                                  certificated         effect March 6,                                  before January 1,    1995: 14 CFR                                  1965; passenger      parts 1 to 59,                                  capacity of 20 or    Revised as of                                  more; manufactured   January 1, 1995,                                  prior to August      and amended by                                  20, 1990.            Amdt 25-83, 60 FR                                                       6623, February 2,                                                       1995.                                                      Formerly 14 CFR                                                       25.853(a-1) in                                                       effect August 20,                                                       1986: 14 CFR                                                       parts 1 to 59,                                                       Revised as of                                                       January 1, 1986.§ 121.312(a)(1)(ii).......  Transport category;  Heat release rate                                  or nontransport      and smoke                                  category type        testing. 14 CFR                                  certificated         25.853(d) in                                  before January 1,    effect March 6,                                  1965; passenger      1995: 14 CFR                                  capacity of 20 or    parts 1 to 59,                                  more; manufactured   Revised as of                                  after August 19,     January 1, 1995,                                  1990.                and amended by                                                       Amdt 25-83, 60 FR                                                       6623, February 2,                                                       1995.                                                      Formerly 14 CFR                                                       25.853(a-1) in                                                       effect September                                                       26, 1988: 14 CFR                                                       parts 1 to 59,                                                       Revised as of                                                       January 1, 1988,                                                       and amended by                                                       Amdt 25-66, 53 FR                                                       32584, August 25,                                                       1988§ 121.312(a)(2)(i)........  Transport category;  Provisions of 14                                  or nontransport      CFR 25.853 in                                  category type        effect on April                                  certificate before   30, 1972: 14 CFR                                  January 1, 1965;     parts 1 to 59,                                  application for      Revised as of                                  type certificate     January 1, 1972.                                  filed prior to May                                  1, 1972;                                  substantially                                  complete                                  replacement of                                  cabin interior on                                  or after May 1,                                  1972.§ 121.312(a)(3)(i)........  Transport category   Heat release rate                                  type certificated    testing. 14 CFR                                  after January 1,     25.853(d) in                                  1958; nontransport   effect March 6,                                  category type        1995: 14 CFR                                  certificated after   parts 1 to 59,                                  January 1, 1958,     Revised as of                                  but before January   January 1, 1995;                                  1, 1965; passenger   and amended by                                  capacity of 20 or    Amdt 25-83, 60 FR                                  more;                6623, February 2,                                  substantially        1995.                                  complete            Formerly 14 CFR                                  replacement of the   25.853(a-1) in                                  cabin interior on    effect August 20,                                  or after March 6,    1986: 14 CFR                                  1995.                parts 1 to 59,                                                       Revised as of                                                       January 1, 1986.§ 121.312(a)(3)(ii).......  Transport category   Heat release rate                                  type certificated    and smoke                                  after January 1,     testing. 14 CFR                                  1958; nontransport   25.853(d) in                                  category type        effect March 6,                                  certificated after   1995; 14 CFR                                  January 1, 1958,     parts 1 to 59,                                  but before January   Revised as of                                  1, 1965; passenger   January 1, 1995;                                  capacity of 20 or    and amended by                                  more;                Amdt 25-83, 60 FR                                  substantially        6623, February 2,                                  complete             1995.                                  replacement of the  Formerly 14 CFR                                  cabin interior on    § 25.853(a-                                  or after August      1) in effect                                  20, 1990.            September 26,                                                       1988: CFR, Title                                                       14, Parts 1 to                                                       59, Revised as of                                                       January 1, 1988,                                                       and amended by                                                       Amdt 25-66, 53 FR                                                       32584, August 25,                                                       1988.§ 121.312(b) (1) and (2)..  Transport category   Seat cushions. 14                                  airplane type        CFR 25.853(c)                                  certificated after   effective on                                  January 1, 1958;     November 26,                                  Nontransport         1984: 14 CFR                                  category airplane    parts 1 to 59,                                  type certificated    Revised as of                                  after December 31,   January 1, 1984,                                  1964.                and amended by                                                       Amdt 25-59, 49 FR                                                       43188, October                                                       26, 1984.§ 121.312(c)..............  Airplane type        Compartment                                  certificated in      interior                                  accordance with      requirements. 14                                  SFAR No. 41;         CFR 25.853(a) in                                  maximum              effect March 6,                                  certificated         1995: 14 CFR                                  takeoff weight in    parts 1 to 59,                                  excess of 12,500     Revised as of                                  pounds.              January 1, 1995,                                                       and amended by                                                       Amdt 25-83, 60 FR                                                       6623, February 2,                                                       1995.                                                      Formerly 14 CFR                                                       25.853(a), (b-1),                                                       (b-2), and (b-3)                                                       in effect on                                                       September 26,                                                       1978: 14 CFR                                                       parts 1 to 59,                                                       Revised as of                                                       January 1, 1978.§ 121.314(a)..............  Transport category   Class C or D cargo                                  airplanes type       or baggage                                  certificated after   compartment                                  January 1, 1958.     definition, 14                                                       CFR 25.857 in                                                       effect on June                                                       16, 1986, 14 CFR                                                       parts 1 to 59,                                                       Revised 1/1/97,                                                       and amended by                                                       Amendment 25-60,                                                       51 FR 18243, May                                                       16, 1986.------------------------------------------------------------------------

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Amdt. 121–269, 63 FR 8049, Feb. 17, 1998]

Appendix M to Part 121—Airplane Flight Recorder Specifications

The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must be correlated in time to within one second.-------------------------------------------------------------------------------------------------------------------------------------------------------- Accuracy (sensor Seconds per sampling Parameters Range input) interval Resolution Remarks--------------------------------------------------------------------------------------------------------------------------------------------------------1. Time or Relative Times 24 Hrs, 0 to 4095..... ±0.125% Per 4.................... 1 sec................ UTC time preferred Counts.\1\. Hour. when available. Count increments each 4 second of system operation.2. Pressure Altitude............... -1000 ft to max ±100 to 1.................... 5[foot] to 35[foot].. Data should be certificated altitude ±700 ft (see obtained from the of aircraft. +5000 ft. table, TSO C124a or air data computer TSO C51a). when practicable.3. Indicated airspeed or Calibrated 50 KIAS or minimum ±5% and 1.................... 1 kt................. Data should be airspeed. value to Max Vso to ±3%. obtained from the 1.2 V. D. air data computer when practicable.4. Heading (Primary flight crew 0-360° and ±2°........ 1.................... 0.5°............. When true or magnetic reference). Discrete ``true'' or heading can be ``mag''. selected as the primary heading reference, a discrete indicating selection must be recorded.5. Normal acceleration (vertical) -3g to +6g............ ±1% of max 0.125................ 0.004g............... \9\. range excluding datum error of ±5%.6. Pitch Attitude.................. ±75°....... ±2°........ 1 or 0.25 for 0.5°............. A sampling rate of airplanes operated 0.25 is recommended. under § 121.344(f).7. Roll attitude \2\............... ±180°...... ±2°........ 1 or 0.5 for 0.5.................. A sampling rate of airplanes operated 0.5 is recommended. under § 121.344(f).8. Manual Radio Transmitter Keying On-Off (Discrete)..... ...................... 1.................... ..................... Preferably each crew or CVR/DFDR synchronization None.................. member but one reference. discrete acceptable for all transmission provided the CVR/FDR system complies with TSO C124a CVR synchronization requirements (paragraph 4.2.1 ED- 55).9. Thrust/power on each Full range forward.... ±2%............ 1 (per engine)....... 0.3% of full range... Sufficient parameters engine_primary flight crew (e.g. EPR, N1 or reference. Torque, NP) as appropriate to the particular engine being recorded to determine power in forward and reverse thrust, including potential overspeed condition.10. Autopilot Engagement........... Discrete ``on'' or ...................... 1.................... ..................... ..................... ``off''.11. Longitudinal Acceleration...... ±1g............ ±1.5% max. 0.25................. 0.004g............... ..................... range excluding datum error of ±5%.12a. Pitch Control(s) position (non- Full Range............ ±2° Unless 0.5 or 0.25 for 0.5% of full range... For airplanes that fly-by-wire systems). Higher Accuracy airplanes operated have a flight Uniquely Required. under § control break away 121.344(f). capability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable.12b. Pitch Control(s) position (fly- Full Range............ ±2° Unless 0.5 or 0.25 for 0.2% of full range... ..................... by-wire systems).\3\. Higher Accuracy airplanes operated Uniquely Required.. under § 121.344(f)..13a. Lateral Control position(s) Full Range............ ±2° Unless 0.5 or 0.25 for 0.2% of full range... For airplanes that (non-fly-by-wire). Higher Accuracy airplanes operated have a flight Uniquely Required. under § control break away 121.344(f). capability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable.13b. Lateral Control position(s) Full Range............ ±2° Unless 0.5 or 0.25 for 0.2% of full range... ..................... (fly-by-wire).\4\. Higher Accuracy airplanes operated Uniquely Required. under § 121.344(f).14a. Yaw control position(s) (non- Full range............ ±2° Unless 0.5.................. 0.3% of full range... For airplanes that fly-by-wire) \5\. higher accuracy have a flight uniquely required. control break away capability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5.14b. Yaw Control position(s) (fly- Full Range............ ±2° Unless 0.5.................. 0.2% of full range... by-wire). Higher Accuracy Uniquely Required.15. Pitch Control Surface(s) Full Range............ ±2° Unless 0.5 or 0.25 for 0.3% of full range... For airplanes fitted Position.\6\. Higher Accuracy airplanes operated with multiple or Uniquely Required.. under § split surfaces, a 121.344(f).. suitable combination of inputs is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25.16. Lateral control surface(s) Full range............ ±2° Unless 0.5 or 0.25 for 0.3% of full range... A suitable position\7\. higher accuracy airplanes operated combination of uniquely required. under § surface position 121.344(f). sensors is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25.17. Yaw Control Surface(s) Full Range............ ±2° Unless 0.5.................. 0.2% of full range... For airplanes with Position.\8\. Higher Accuracy multiple or split Uniquely Required. surfaces, a suitable combination of surface position sensors is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sapling interval of 0.5.18. Lateral Acceleration........... ±1g............ ±1.5% max. 0.25................. 0.004g ..................... range excluding datum error of ±5%.19. Pitch Trim Surface Position.... Full Range............ ±3° Unless 1.................... 0.6% of full range... Higher Accuracy Uniquely Required.20. Trailing Edge Flap or Cockpit Full Range or Each ±3° or as 2.................... 0.5% of full range... Flap position and Control Selection.\10\. Position (discrete). Pilot's indicator. cockpit control may each be sampled at 4 second intervals, to give a data point every 2 seconds.21. Leading Edge Flap or Cockpit Full Range or Each ±3° or as 2.................... 0.5% of full range... Left and right sides, Control Selection.\11\. Discrete Position. Pilot's indicator and or flap position and sufficient to cockpit control may determine each each be sampled at 4 discrete position. second intervals, so as to give a data point every 2 seconds.22. Each Thrust Reverser Position Stowed, In Transit, ...................... 1 (per engine)....... ..................... Turbo-jet_2 discretes (or equivalent for propeller and Reverse enable the 3 states airplane). (Discrete). to be determined. Turbo-prop_discrete.23. Ground spoiler position or Full range or each ±2° Unless 1 or 0.5 for 0.5% of full range... brake selection \12\. position (discrete). higher accuracy airplanes operated uniquely required. under § 121.344(f).24. Outside Air Temperature or -50 °C to +90 ±2 °C...... 2.................... 0.3 °C........... ..................... Total Air Temperature.\13\. °C.25. Autopilot/Autothrottle/AFCS A suitable combination ...................... 1.................... ..................... Discretes should show Mode and Engagement Status. of discretes. which systems are engaged and which primary modes are controlling the flight path and speed of the aircraft.26. Radio Altitude \14\............ -20 ft to 2,500 ft.... ±2 ft or 1.................... 1 ft +5% above 500 ft For autoland/category ±3% whichever 3 operations. Each is greater below 500 radio altimeter ft and ±5% should be recorded, above 500 ft. but arranged so that at least one is recorded each second.27. Localizer Deviation, MLS ±400 Microamps As installed 1.................... 0.3% of full range... For autoland/category Azimuth, or GPS Latitude Deviation. or available sensor ±3% 3 operations. Each range as installed. recommended. system should be ±62°....... recorded but arranged so that at least one is recorded each second. It is not necessary to record ILS and MLS at the same time, only the approach aid in use need be recorded.28. Glideslope Deviation, MLS ±400 Microamps As installed +/3-3% 1.................... 0.3% of full range... For autoland/category Elevation, or GPS Vertical or available sensor recommended. 3 operations. Each Deviation. range as installed system should be 0.9 to +30°....... recorded but arranged so that at least one is recorded each second. It is not necessary to record ILS and MLS at the same time, only the approach aid in use need be recorded.29. Marker Beacon Passage.......... Discrete ``on'' or ...................... 1.................... ..................... A single discrete is ``off''. acceptable for all markers.30. Master Warning................. Discrete.............. ...................... 1.................... ..................... Record the master warning and record each ``red'' warning that cannot be determined from other parameters or from the cockpit voice recorder.31. Air/ground sensor (primary Discrete ``air'' or ...................... 1 (0.25 recommended). airplane system reference nose or ``ground''. main gear).32. Angle of Attack (If measured As installed.......... As installed.......... 2 or 0.5 for 0.3% of full range... If left and right directly). airplanes operated sensors are under § available, each may 121.344(f). be recorded at 4 or 1 second intervals, as appropriate, so as to give a data point at 2 seconds or 0.5 second, as required.33. Hydraulic Pressure Low, Each Discrete or available ±5%............ 2.................... 0.5% of full range... System. sensor range, ``low'' or ``normal''.34. Groundspeed.................... As Installed.......... Most Accurate Systems 1.................... 0.2% of full range... Installed.35. GPWS (ground proximity warning Discrete ``warning'' ...................... 1.................... ..................... A suitable system). or ``off''. combination of discretes unless recorder capacity is limited in which case a single discrete for all modes is acceptable.36. Landing Gear Position or Discrete.............. ...................... 4.................... ..................... A suitable Landing gear cockpit control combination of selection. discretes should be recorded.37. Drift Angle.\15\............... As installed.......... As installed.......... 4.................... 0.1°............. .....................38. Wind Speed and Direction....... As installed.......... As installed.......... 4.................... 1 knot, and 1.0°.39. Latitude and Longitude......... As installed.......... As installed.......... 4.................... 0.002°, or as Provided by the installed. Primary Navigation System Reference. Where capacity permits Latitude/ longitude resolution should be 0.0002°.40. Stick shaker and pusher Discrete(s) ``on'' or ...................... 1.................... ..................... A suitable activation. ``off''. combination of discretes to determine activation.41. Windshear Detection............ Discrete ``warning'' ...................... 1.................... or ``off''.42. Throttle/power Leverl Full Range............ ±2%............ 1 for each lever..... 2% of full range..... For airplanes with position.\16\. non-mechanically linked cockpit engine controls.43. Additional Engine Parameters... As installed.......... As installed.......... Each engine each 2% of full range..... Where capacity second. permits, the preferred priority is indicated vibration level, N2, EGT, Fuel Flow, Fuel Cut-off lever position and N3, unless engine manufacturer recommends otherwise.44. Traffic Alert and Collision Discretes............. As installed.......... 1.................... ..................... A suitable Avoidance System (TCAS). combination of discretes should be recorded to determine the status of_Combined Control, Vertical Control, Up Advisory, and Down Advisory. (ref. ARINC Characteristic 735 Attachment 6E, TCAS VERTICAL RA DATA OUTPUT WORD.)45. DME 1 and 2 Distance........... 0-200 NM.............. As installed.......... 4.................... 1 NM................. 1 mile46. Nav 1 and 2 Selected Frequency. Full Range............ As installed.......... 4.................... ..................... Sufficient to determine selected frequency47. Selected barometric setting.... Full Range............ ±5%............ (1 per 64 sec.)...... 0.2% of full range48. Selected Altitude.............. Full Range............ ±5%............ 1.................... 100 ft49. Selected speed................. Full Range............ ±5%............ 1.................... 1 knot50. Selected Mach.................. Full Range............ ±5%............ 1.................... .0151. Selected vertical speed........ Full Range............ ±5%............ 1.................... 100 ft/min52. Selected heading............... Full Range............ ±5%............ 1.................... 1°53. Selected flight path........... Full Range............ ±5%............ 1.................... 1°54. Selected decision height....... Full Range............ ±5%............ 64................... 1 ft55. EFIS display format............ Discrete(s)........... ...................... 4.................... ..................... Discretes should show the display system status (e.g., off, normal, fail, composite, sector, plan, nav aids, weather radar, range, copy.56. Multi-function/Engine Alerts Discrete(s)........... ...................... 4.................... ..................... Discretes should show Display format. the display system status (e.g., off, normal, fail, and the identity of display pages for emergency procedures, need not be recorded.57. Thrust command.\17\............ Full Range............ ±2%............ 2.................... 2% of full range.....58. Thrust target.................. Full Range............ ±2%............ 4.................... 2% of full range59. Fuel quantity in CG trim tank.. Full Range............ ±5%............ (1 per 64 sec.)...... 1% of full range60. Primary Navigation System Discrete GPS, INS, VOR/ ...................... 4.................... ..................... A suitable Reference. DME, MLS, Loran C, combination of Omega, Localizer discretes to Glideslope. determine the Primary Navigation System reference.61. Ice Detection.................. Discrete ``ice'' or ...................... 4 ``no ice''.62. Engine warning each engine Discrete.............. ...................... 1 vibration.63. Engine warning each engine over Discrete.............. ...................... 1 temp.64. Engine warning each engine oil Discrete.............. ...................... 1 pressure low.65. Engine warning each engine over Discrete.............. ...................... 1 speed.66. Yaw Trim Surface Position...... Full Range............ ±3% Unless 2.................... 0.3% of full range... ..................... Higher Accuracy Uniquely Required.67. Roll Trim Surface Position..... Full Range............ ±3% Unless 2.................... 0.3% of full range... ..................... Higher Accuracy Uniquely Required.68. Brake Pressure (left and right) As installed.......... ±5%............ 1.................... ..................... To determine braking effort applied by pilots or by autobrakes.69. Brake Pedal Application (left Discrete or Analog ±5% (Analog)... 1.................... ..................... To determine braking and right). ``applied'' or applied by pilots. ``off''.70. Yaw or sideslip angle.......... Full Range............ ±5%............ 1.................... 0.5°71. Engine bleed valve position.... Discrete ``open'' or ...................... 4 ``closed''.72. De-icing or anti-icing system Discrete ``on'' or ...................... 4 selection. ``off''.73. Computed center of gravity..... Full Range............ ±5%............ (1 per 64 sec.)...... 1% of full range74. AC electrical bus status....... Discrete ``power'' or ...................... 4.................... ..................... Each bus. ``off''.75. DC electrical bus status....... Discrete ``power'' or ...................... 4.................... ..................... Each bus. ``off''.76 APU bleed valve position........ Discrete ``open'' or ...................... 4 ``closed''.77. Hydraulic Pressure (each Full range............ ±5%............ 2.................... 100 psi system).78. Loss of cabin pressure......... Discrete ``loss'' or ...................... 1.................... ``normal''.79. Computer failure (critical Discrete ``fail'' or ...................... 4.................... flight and engine control systems). ``normal''.80. Heads-up display (when an Discrete(s) ``on'' or ...................... 4 information source is installed). ``off''.81. Para-visual display (when an Discrete(s) ``on'' or information source is installed). ``off''.82. Cockpit trim control input Full Range............ ±5%............ 1.................... 0.2% of full range... Where mechanical position_pitch. means for control inputs are not available, cockpit display trim positions should be recorded.83. Cockpit trim control input Full Range............ ±5%............ 1.................... 0.7% of full range... Where mechanical position_roll. means for control inputs are not available, cockpit display trim position should be recorded.84. Cockpit trim control input Full range............ ±5%............ 1.................... 0.3% of full range... Where mechanical position_yaw. means for control input are not available, cockpit display trim positions should be recorded.85. Trailing edge flap and cockpit Full Range............ ±5%............ 2.................... 0.5% of full range... Trailing edge flaps flap control position. and cockpit flap control position may each be sampled alternately at 4 second intervals to provide a sample each 0.5 second.86. Leading edge flap and cockpit Full Range or Discrete ±5%............ 1.................... 0.5% of full range flap control position.87. Ground spoiler position and Full range or discrete ±5%............ 0.5.................. 0.3% of full range... speed brake selection.88. All cockpit flight control Full range control ±5%............ 1.................... 0.3% full range...... For fly-by-wire input forces (control wheel, wheel ±70 lb flight control control column, rudder pedal). control column systems, where ±85 rudder flight control pedal ±165. surface position is a function of the displacement of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control break away). capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1.--------------------------------------------------------------------------------------------------------------------------------------------------------\1\ For A300 B2/B4 airplanes, resolution=6 seconds.\2\ For A330/A340 series airplanes, resolution=0.703°.\3\ For A318/A319/A320/A321 series airplanes, resolution=0.275% (0.088°>0.064°). For A330/A340 series airplanes, resolution=2.20%(0.703°>0.064°).\4\ For A318/A319/A320/A321 series airplanes, resolution=0.22% (0.088°>0.080°). For A330/A340 series airplanes, resolution=1.76% (0.703°>0.080°).\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703°>0.120°).\6\ For A330/A340 series airplanes, resolution=0.783% (0.352°>0.090°).\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).\8\ For A330/A340 series airplanes, resolution=0.30% (0.176°>0.12°). For A330/A340 series airplanes, seconds per sampling interval=1.\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.\10\ For A330/A340 series airplanes, resolution=1.05% (0.250°>0.120°).\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A300 B2/B4 series airplanes, resolution = 0.92% (0.230°>0.125°).\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).\13\ For A330/A340 series airplanes, resolution=0.5°C.\14\ For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft.\15\ For A330/A340 series airplanes, resolution = 0.352 degrees.\16\ For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value of 96.14 degrees.\17\ For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.

[Doc. No. 28109, 62 FR 38382, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt. 121–271, 64 FR 46120, Aug. 24, 1999; Amdt. 121–278, 65 FR 51745, Aug. 24, 2000; 65 FR 81733, Dec. 27, 2000; Amdt. 121–292, 67 FR 54323, Aug. 21, 2002; Amdt. 121–300, 68 FR 42936, July 18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; 70 FR 41134, July 18, 2005]

Appendix N to Part 121 [Reserved]

Appendix O—Hazardous Materials Training Requirements For Certificate Holders

This appendix prescribes the requirements for hazardous materials training under part 121, subpart Z, and part 135, subpart K of this chapter. The training requirements for various categories of persons are defined by job function or responsibility. An “X” in a box under a category of persons indicates that the specified category must receive the noted training. All training requirements apply to direct supervisors as well as to persons actually performing the job function. Training requirements for certificate holders authorized in their operations specifications to transport hazardous materials (will-carry) are prescribed in Table 1. Those certificate holders with a prohibition in their operations specifications against carrying or handling hazardous materials (will-not-carry) must follow the curriculum prescribed in Table 2. The method of delivering the training will be determined by the certificate holder. The certificate holder is responsible for providing a method (may include email, telecommunication, etc.) to answer all questions prior to testing regardless of the method of instruction. The certificate holder must certify that a test has been completed satisfactorily to verify understanding of the regulations and requirements.

                                   Table 1_Operators That Transport Hazardous Material_Will-Carry Certificate Holders--------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                       Operators and                                                                      Operators and   ground-handling                                                                     ground-handling    agents staff                                                                      agent's staff   responsible for                     Flight crew      Crew membersAspects of transport of hazardous materials by air   Shippers  (See     accepting      the handling,      Passenger-      members and      (other than  with which they must be familiar, as a minimum     Note 2)  Will-     hazardous       storage, and    handling staff   load planners     flight crew                   (See note 1)                          carry       materials  (See     loading of       Will-carry       Will-carry    members)  Will-                                                                      Note 3)  Will-     cargo and                                            carry                                                                          carry        baggage  Will-                                                                                           carry--------------------------------------------------------------------------------------------------------------------------------------------------------General philosophy................................               X                X                X                X                X                XLimitations.......................................               X                X                X                X                X                XGeneral requirements for shippers.................               X                X   ...............  ...............  ...............  ...............Classification....................................               X                X   ...............  ...............  ...............  ...............List of hazardous materials.......................               X                X   ...............  ...............               X   ...............General packing requirements......................               X                X   ...............  ...............  ...............  ...............Labeling and marking..............................               X                X                X                X                X                XHazardous materials transport document and other                 X                X   ...............  ...............  ...............  ............... relevant documentation...........................Acceptance procedures.............................  ...............               X   ...............  ...............  ...............  ...............Recognition of undeclared hazardous materials.....               X                X                X                X                X                XStorage and loading procedures....................  ...............               X                X   ...............               X   ...............Pilots' notification..............................  ...............               X                X   ...............               X   ...............Provisions for passengers and crew................  ...............               X                X                X                X                XEmergency procedures..............................               X                X                X                X                X               X--------------------------------------------------------------------------------------------------------------------------------------------------------Note 1._Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in the table.Note 2._When a person offers a consignment of hazmat, including COMAT, for or on behalf of the certificate holder, then the person must be trained in  the certificate holder's training program and comply with shipper responsibilities and training. If offering goods on another certificate holder's  equipment, the person must be trained in compliance with the training requirements in 49 CFR. All shippers of hazmat must be trained under 49 CFR. The  shipper functions in 49 CFR mirror the training aspects that must be covered for any shipper offering hazmat for transport.Note 3._When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff, such as the passenger  handling staff accepting small parcel cargo, the certificate holder, its subsidy, or the agent must be trained in the certificate holder's training  program and comply with the acceptance staff training requirements.

                             Table 2_Operators That Do Not Transport Hazardous Materials_Will-Not-Carry Certificate Holders--------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                       Operators and                                                                      Operators and   ground-handling                                                                     ground-handling    agents staff                                                                      agent's staff   responsible for                     Flight crew      Crew membersAspects of transport of hazardous materials by air   Shippers (See   accepting cargo   the handling,      Passenger-      members and      (other than  with which they must be familiar, as a minimum     Note 2) Will-      other than      storage, and    handling staff   load planners     flight crew                   (See Note 1)                        not-carry        hazardous        loading of     Will-not-carry   Will-not-carry   members) Will-                                                                      materials (See     cargo and                                          not-carry                                                                      Note 3) Will-    baggage Will-                                                                        not-carry        not-carry--------------------------------------------------------------------------------------------------------------------------------------------------------General philosophy................................               X                X                X                X                X                XLimitations.......................................               X                X                X                X                X                XGeneral requirements for shippers.................               X   ...............  ...............  ...............  ...............  ...............Classification....................................               X   ...............  ...............  ...............  ...............  ...............List of hazardous materials.......................               X   ...............  ...............  ...............  ...............  ...............General packing requirements......................               X   ...............  ...............  ...............  ...............  ...............Labeling and marking..............................               X                X                X                X                X                XHazardous materials transport document and other                 X                X   ...............  ...............  ...............  ............... relevant documentation...........................Acceptance procedures.............................  ...............  ...............  ...............  ...............  ...............  ...............Recognition of undeclared hazardous materials.....               X                X                X                X                X                XStorage and loading procedures....................  ...............  ...............  ...............  ...............  ...............  ...............Pilots' notification..............................  ...............  ...............  ...............  ...............  ...............  ...............Provisions for passengers and Crew................  ...............               X                X                X                X                XEmergency procedures..............................               X                X                X                X                X               X--------------------------------------------------------------------------------------------------------------------------------------------------------Note 1_Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in the table.Note 2_When a person offers a consignment of hazmat, including COMAT, for air transport for or on behalf of the certificate holder, then that person  must be properly trained. All shippers of hazmat must be trained under 49 CFR. The shipper functions in 49 CFR mirror the training aspects that must  be covered for any shipper, including a will-not-carry certificate holder offering dangerous goods for transport, with the exception of recognition  training. Recognition training is a separate FAA requirement in the certificate holder's training program.Note 3_When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff, such as the passenger  handling staff accepting small parcel cargo, the certificate holder, its subsidiary, or the agent must be trained in the certificate holder's training  program and comply with the acceptance staff training requirements.

[Doc. No. FAA–2003–15085, 70 FR 58825, Oct. 7, 2005, as amended by Amdt. 121–318, 70 FR 75396, Dec. 20, 2005]

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