14 CFR 121 - OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

On March 8, 2011, the FAA published an interim final rule, request for comments (Amendment Nos. 21-94, 25-133, 121-354, 129-50; SFAR 111) on security considerations for lavatory oxygen systems (77 FR 12550). The interim final rule addresses a security vulnerability and is needed so the affected airplanes can continue operating until the non-compliance to airworthiness standards and operating rules is resolved. We sought public comment on the interim final rule even though it became effective upon publication. This action responds to the public comments the FAA received.

The FAA is amending regulations relating to operating rules for FAA approved portable oxygen concentrators (POC) onboard aircraft. This document updates the names of two manufacturers of approved POCs listed in the Special Federal Aviation Regulation (SFAR).

This rule amends the FAA's existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating under the domestic, flag, and supplemental operations rules. The rule recognizes the universality of factors that lead to fatigue in most individuals and regulates these factors to ensure that flightcrew members in passenger operations do not accumulate dangerous amounts of fatigue. Fatigue threatens aviation safety because it increases the risk of pilot error that could lead to an accident. This risk is heightened in passenger operations because of the additional number of potentially impacted individuals. The new requirements eliminate the current distinctions between domestic, flag and supplemental passenger operations. The rule provides different requirements based on the time of day, whether an individual is acclimated to a new time zone, and the likelihood of being able to sleep under different circumstances.

This action would create new certification requirements for pilots in air carrier operations. The proposal would require a second in command (first officer) in part 121 operations to hold an airline transport pilot (ATP) certificate and a type rating for the aircraft to be flown. The FAA proposes to allow pilots with an aviation degree or military pilot experience to obtain an ATP certificate with restricted privileges with fewer than 1,500 hours total time as a pilot. The proposal also would require at least 1,000 flight hours in air carrier operations in order to serve as a pilot in command in part 121 air carrier operations. Finally, the FAA is proposing to modify an ATP certificate with an airplane category multiengine class rating or type rating to require 50 hours of multiengine flight experience and completion of a new FAA-approved ATP Certification Training Program for a Multiengine Class Rating or Type Rating that would include academic training and training in a flight simulation training device. These proposed requirements would ensure that pilots have proper qualifications and experience in difficult operational conditions and in a multicrew environment prior to serving as pilot flightcrew members in air carrier operations.

On March 8, 2011, the FAA published an interim final rule, request for comments (Amendment Nos. 21-94, 25-133, 121-354, 129-50; SFAR 111) on security considerations for lavatory oxygen systems (77 FR 12550). The interim final rule addresses a security vulnerability and is needed so the affected airplanes can continue operating until the non-compliance to airworthiness standards and operating rules is resolved. We sought public comment on the interim final rule even though it became effective upon publication. This action responds to the public comments the FAA received.

The FAA is amending regulations relating to operating rules for FAA approved portable oxygen concentrators (POC) onboard aircraft. This document updates the names of two manufacturers of approved POCs listed in the Special Federal Aviation Regulation (SFAR).

This rule amends the FAA's existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating under the domestic, flag, and supplemental operations rules. The rule recognizes the universality of factors that lead to fatigue in most individuals and regulates these factors to ensure that flightcrew members in passenger operations do not accumulate dangerous amounts of fatigue. Fatigue threatens aviation safety because it increases the risk of pilot error that could lead to an accident. This risk is heightened in passenger operations because of the additional number of potentially impacted individuals. The new requirements eliminate the current distinctions between domestic, flag and supplemental passenger operations. The rule provides different requirements based on the time of day, whether an individual is acclimated to a new time zone, and the likelihood of being able to sleep under different circumstances.

The Federal Aviation Administration (FAA) seeks comments on a proposed transition of the U.S. National Airspace System (NAS) navigation infrastructure to enable performance-based navigation (PBN) as part of the Next Generation Air Transportation System (NextGen). The FAA plans to transition from defining airways, routes and procedures using VHF Omni-directional Range (VOR) and other legacy navigation aids (NAVAIDs) 1 towards a NAS based on Area Navigation (RNAV) everywhere and Required Navigation Performance (RNP) where beneficial. Such capabilities will be enabled largely by the Global Positioning System (GPS) and the Wide Area Augmentation System (WAAS). The FAA plans to retain an optimized network of Distance Measuring Equipment (DME) stations and a minimum operational network (MON) of VOR stations to ensure safety and continuous operations for high and low altitude en route airspace over the conterminous US (CONUS) and terminal operations at the Core 30 airports. 2 The FAA is also conducting research on Alternate Positioning, Navigation and Timing (APNT) solutions that would enable further reduction of VORs below the MON. 1 Includes Tactical Air Navigation (TACAN) Azimuth, VOR/TACAN (VORTAC), VOR/DME, Non-Directional Beacon (NDB) operated by the FAA. 2 Core 30 airports are those with significant activity serving major metropolitan areas and also serve as hubs for airline operations, found at http://aspmhelp.faa.gov/index.php/Core_30. In addition, the FAA plans to satisfy any new requirements for Category I instrument operations with WAAS localizer performance with vertical guidance (LPV) procedures. A network of existing Instrument Landing Systems (ILS) would be sustained to provide alternative approach and landing capabilities to continue recovery and dispatch of aircraft during GPS outages. This transition would be consistent with the FAA's NextGen Implementation Plan (NGIP), NAS Enterprise Architecture (EA), and other documentation. More information is available on the FAA's NextGen Web site at http://www.faa.gov/nextgen and the EA Web site at https://nasea.faa.gov.

This notice announces the availability of a proposed Advisory Circular, regarding stall and stick pusher training for transport category airplanes for comment. This Advisory Circular provides guidance to training providers on stall event and stick pusher demonstration training, including recommendations and best practices for academic training, job performance training, and instructor training.

This action revises the operating rules for flight in icing conditions. For certain airplanes certificated for flight in icing, the new standards require either installation of ice detection equipment or changes to the airplane flight manual to ensure timely activation of the airframe ice protection system. This action is the result of information gathered from icing accidents and incidents. It is intended to increase the level of safety when airplanes fly in icing conditions.

On January 10, 2006, the FAA issued a final rule to require that each person who performs a safety-sensitive aviation function directly for an employer, including contractors and subcontractors, is subject to drug and alcohol testing. This document announces the completion and availability of the final regulatory flexibility certification for this final rule. The rule will not have a significant economic impact on a substantial number of small entities.

This action extends the comment period for an SNPRM that was published on May 20, 2011. In that document, the FAA proposed to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. This extension is a result of requests for extension of the comment period. One request for extension was from the Air Transport Association of America, Cargo Airline Association, Air Carrier Association of America, Regional Airline Association, National Air Carrier Association, Boeing Company, and Airbus Americas. The second request for extension was from the Air Line Pilots Association. The third request for extension was from the International Air Transport Association.

The FAA is amending its regulations regarding separate requirements for check airmen who check only in flight simulators and flight instructors who instruct only in flight simulators. This document corrects minor technical errors in the codified text of those regulations.

On January 12, 2009, the FAA published a notice of proposed rulemaking on qualification, service, and use of crewmembers and aircraft dispatchers. Because of the complexity of the issues and the concerns raised by commenters, the FAA is issuing this supplemental notice of proposed rulemaking. The FAA proposes to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations enhance traditional training programs by requiring the use of flight simulation training devices for flightcrew members and including additional training and evaluation requirements for all crewmembers and aircraft dispatchers in areas that are critical to safety. The proposal also reorganizes and revises the qualification, training, and evaluation requirements. The proposed changes are intended to contribute significantly to reducing aviation accidents.

This draft letter of interpretation addresses a request by the Aeronautical Repair Station Association (ARSA) to rescind a letter of interpretation issued May 18, 2010 which clarified what activities may constitute duty for maintenance personnel and the application of the rest provisions under 14 CFR 121.377. The FAA requests comment on the May 18, 2010 proposed response to United Technologies Corporation.

The FAA is withdrawing a previously published advance notice of proposed rulemaking (ANPRM) that solicited public comment on a potential rulemaking requiring certain 14 Code of Federal Regulations (CFR) part 21, 119, 121, 125 135, 141, 142, and 145 certificate holders, product manufacturers, applicants, and employers (“product/service providers”) to develop a Safety Management System (SMS). The FAA is withdrawing the ANPRM because we have issued a notice of proposed rulemaking that would require certificate holders operating under 14 CFR part 121 to develop and implement an SMS. The FAA may initiate additional rulemaking in the future to consider SMS for other product/service providers.

The FAA is considering clarifying the application of flight time limitations and rest requirements in 14 CFR 121.481 and 121.483 for pilots operating in flag operations as part of a two-pilot crew and as part of a two-pilot crew and one additional flightcrew member during a seven-day period.

The Federal Aviation Administration (FAA) is making minor technical changes to its regulations by removing expired Special Federal Aviation Regulations (SFARs) and cross-references, as well as other expired or obsolete regulations. None of these changes are substantive in nature since the regulations in question have expired and are not currently in effect. This technical amendment is necessary to update our regulations. The rule will not impose any additional burden or restriction on persons or organizations affected by these regulations.

This amendment clarifies and standardizes the rules for applications by foreign air carriers and foreign persons for part 129 operations specifications and establishes new standards for amendment, suspension, and termination of those operations specifications. In addition, the FAA has moved definitions currently contained in a subpart to a separate part for clarity with no substantive changes to the definitions. The amendment also applies to foreign persons operating U.S.-registered aircraft in common carriage solely outside the United States. This action is necessary to update the process for issuing operations specifications and establishes a regulatory basis for current practices, such as amending, terminating, or suspending operations specifications.