[Code of Federal Regulations] [Title 14, Volume 2] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 14CFR119.1] [Page 696-699] TITLE 14--AERONAUTICS AND SPACE CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS-- Table of Contents Subpart A_General Sec. 119.1 Applicability. Special Federal Aviation Regulation No. 99 Subpart A_General Sec. 119.1 Applicability. 119.3 Definitions. 119.5 Certifications, authorizations, and prohibitions. 119.7 Operations specifications. 119.9 Use of business names. Subpart B_Applicability of Operating Requirements to Different Kinds of Operations Under Parts 121, 125, and 135 of This Chapter 119.21 Commercial operators engaged in intrastate common carriage and direct air carriers. 119.23 Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved. 119.25 Rotorcraft operations: Direct air carriers and commercial operators. Subpart C_Certification, Operations Specifications, and Certain Other Requirements for Operations Conducted Under Part 121 or Part 135 of This Chapter 119.31 Applicability. 119.33 General requirements. 119.35 Certificate application requirements for all operators. 119.36 Additional certificate application requirements for commercial operators. 119.37 Contents of an Air Carrier Certificate or Operating Certificate. 119.39 Issuing or denying a certificate. 119.41 Amending a certificate. 119.43 Certificate holder's duty to maintain operations specifications. 119.45 [Reserved] 119.47 Maintaining a principal base of operations, main operations base, and main maintenance base; change of address. 119.49 Contents of operations specifications. 119.51 Amending operations specifications. 119.53 Wet leasing of aircraft and other arrangements for transportation by air. 119.55 Obtaining deviation authority to perform operations under a U.S. military contract. 119.57 Obtaining deviation authority to perform an emergency operation. 119.59 Conducting tests and inspections. 119.61 Duration and surrender of certificate and operations specifications. 119.63 Recency of operation. 119.65 Management personnel required for operations conducted under part 121 of this chapter. 119.67 Management personnel: Qualifications for operations conducted under part 121 of this chapter. 119.69 Management personnel required for operations conducted under part 135 of this chapter. 119.71 Management personnel: Qualifications for operations conducted under part 135 of this chapter. Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. Source: Docket No. 28154, 60 FR 65913, Dec. 20, 1995, unless otherwise noted. Special Federal Aviation Regulation 99--Hazardous Materials Regulations Governing Manual and Training Requirements 1. Applicability. This Special Federal Aviation Regulation (SFAR) applies to all U.S. air carriers and commercial operators that are issued a certificate under part 119 of this chapter on or before November 7, 2005 to operate under part 121 or part 135 of this chapter. For purposes of hazardous materials training, these air carriers and commercial operators may comply with the provisions of this SFAR until its expiration. Alternatively, they may comply with the provisions of part 121, subpart Z, or part 135, subpart K, as applicable. All other provisions of parts 121 and 135 not affected by this rule remain applicable. 2. Expiration. This Special Federal Aviation Regulation expires on February 7, 2007. 3. Definition. The term certificate holder, as used in this SFAR, means a person certificated in accordance with part 119 subpart C, of this chapter and operating under part 121 or part 135 of this chapter. 4. Manual Contents. (a) Each manual required by Sec. 121.133 shall contain procedures [[Page 697]] and information to assist personnel to identify packages marked or labeled as containing hazardous materials and, if these materials are to be carried, stored, or handled, procedures and instructions relating to the carriage, storage, or handling of hazardous materials, including the following: (1) Procedures for determining whether the material is accompanied by the proper shipper certification required by 49 CFR chapter I, subchapter C; whether it is properly packed, marked, and labeled; whether it is accompanied by the proper shipping documents; and whether requirements for compatibility of materials have been met. (2) Instructions on the loading, storage, and handling. (3) Notification procedures for reporting hazardous material incidents as required by 49 CFR chapter I, subchapter C. (4) Instructions and procedures for the notification of the pilot in command when there are hazardous materials aboard, as required by 49 CFR chapter I, subchapter C. (b) Each manual required by Sec. 135.21 of this chapter shall contain procedures and instructions to enable personnel to recognize hazardous materials, as defined in 49 CFR, and if these materials are to be carried, stored, or handled, procedures and instructions for: (1) Accepting shipment of hazardous material regulated by 49 CFR to assure proper packaging, marking, labeling, shipping documents, compatibility of articles, and instructions for loading, storage, and handling; (2) Notification and reporting hazardous material incidents as required by 49 CFR; and (3) Notification of the pilot in command when there are hazardous materials aboard, as required by 49 CFR. 5. Training Program. (a) Each certificate holder required to have a training program under Sec. 121.401 of this chapter shall establish, obtain the appropriate initial and final approval of, and provide, a training program that meets the requirements of part 121, subpart O, and appendices E and F of part 121 of this chapter. Each certificate holder required to have a training program under Sec. 121.401 of this chapter shall ensure that each crewmember, aircraft dispatcher, flight instructor, and check airman, and each person assigned duties for the carriage and handling of hazardous materials, is adequately trained to perform his or her assigned duties. (b) Each certificate holder required to have a training program under Sec. 135.341 of this chapter shall establish, obtain the appropriate initial and final approval of, and provide a training program that meets the requirements of this SFAR. Each certificate holder required to have a training program under Sec. 135.341 of this chapter shall ensure that each crewmember, flight instructor, check airman, and each person assigned duties for the carriage and handling of hazardous materials (as defined in 49 CFR 171.8) is adequately trained to perform their assigned duties. 6. Training requirements: Handling and carriage of hazardous materials under part 121 of this chapter. (a) No certificate holder conducting operations under part 121 of this chapter may use any person to perform and no person may perform, any assigned duties and responsibilities for the handling or carriage of hazardous materials governed by 49 CFR, unless within the past year that person has satisfactorily completed training in a program established and approved under this SFAR, which includes instructions regarding the proper packaging, marking, labeling, and documentation of hazardous materials, as required by 49 CFR, and instructions regarding their compatibility, loading, storage, and handling characteristics. A person, who satisfactorily completes training in the calendar month before, or the calendar month after, the month in which it becomes due, is considered to have taken that training during the month it became due. (b) Each certificate holder conducting operations under part 121 of this chapter shall maintain a record of the satisfactory completion of the initial and recurrent training given to crewmembers and ground personnel who perform assigned duties and responsibilities for the handling and carriage of hazardous materials. (c) When a certificate holder conducting operations under part 121 of this chapter operates in a foreign country where the loading and unloading of aircraft must be performed by personnel of the foreign country, that certificate holder may use personnel not meeting the training requirements of paragraphs 5 (a) and 5 (b) of this SFAR if they are supervised by a person qualified under paragraphs 5 (a) and 5 (b) of this SFAR to supervise the loading, offloading and handling of hazardous materials. 7. Training requirements: Handling and carriage of hazardous materials under part 135. (a) Except as provided in paragraph 7 (d) of this SFAR, no certificate holder conducting operations under part 135 of this chapter may use any person to perform, and no person may perform, any assigned duties and responsibilities for the handling or carriage of hazardous materials (as defined in 49 CFR 171.8), unless within the past year that person has satisfactorily completed initial or recurrent training in an appropriate training program established by the certificate holder, which includes instruction on-- (1) The proper shipper certification, packaging, marking, labeling, and documentation for hazardous materials; and (2) The compatibility, loading, storage, and handling characteristics of hazardous materials. [[Page 698]] (b) Each certificate holder conducting operations under part 135 of this chapter, shall maintain a record of the satisfactory completion of the initial and recurrent training given to crewmembers and ground personnel who perform assigned duties and responsibilities for the handling and carriage of hazardous materials. (c) Each certificate holder, conducting operations under part 135 of this chapter, that elects not to accept hazardous materials shall ensure that each crewmember is adequately trained to recognize those items classified as hazardous materials. (d) If a certificate holder conducting operations under part 135 of this chapter operates into or out of airports at which trained employees or contract personnel are not available, it may use persons not meeting the requirements of paragraph 7 (a) or 7 (b) of this SFAR to load, offload, or otherwise handle hazardous materials if these persons are supervised by a crewmember who is qualified under paragraphs 7 (a) and 7 (b) of this SFAR. [Doc. No. FAA-2003-15085, 70 FR 58821, Oct. 7, 2005] Effective Date Note: By Doc. No. FAA-2003-15085, 70 FR 58821, Oct. 7, 2005, SFAR No. 99 was added, effective Nov. 7, 2005, through Feb. 7, 2007. (a) This part applies to each person operating or intending to operate civil aircraft-- (1) As an air carrier or commercial operator, or both, in air commerce; or (2) When common carriage is not involved, in operations of U.S.- registered civil airplanes with a seat configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more. (b) This part prescribes-- (1) The types of air operator certificates issued by the Federal Aviation Administration, including air carrier certificates and operating certificates; (2) The certification requirements an operator must meet in order to obtain and hold a certificate authorizing operations under part 121, 125, or 135 of this chapter and operations specifications for each kind of operation to be conducted and each class and size of aircraft to be operated under part 121 or 135 of this chapter; (3) The requirements an operator must meet to conduct operations under part 121, 125, or 135 of this chapter and in operating each class and size of aircraft authorized in its operations specifications; (4) Requirements affecting wet leasing of aircraft and other arrangements for transportation by air; (5) Requirements for obtaining deviation authority to perform operations under a military contract and obtaining deviation authority to perform an emergency operation; and (6) Requirements for management personnel for operations conducted under part 121 or part 135 of this chapter. (c) Persons subject to this part must comply with the other requirements of this chapter, except where those requirements are modified by or where additional requirements are imposed by part 119, 121, 125, or 135 of this chapter. (d) This part does not govern operations conducted under part 91, subpart K (when common carriage is not involved) nor does it govern operations conducted under part 129, 133, 137, or 139 of this chapter. (e) Except for operations when common carriage is not involved conducted with airplanes having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to-- (1) Student instruction; (2) Nonstop sightseeing flights conducted with aircraft having a passenger seat configuration of 30 or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less, that begin and end at the same airport, and are conducted within a 25 statute mile radius of that airport; however, for nonstop sightseeing flights for compensation or hire conducted in the vicinity of the Grand Canyon National Park, Arizona, the requirements of SFAR 50-2 of this part or 14 CFR part 119, as applicable, apply; (3) Ferry or training flights; (4) Aerial work operations, including-- (i) Crop dusting, seeding, spraying, and bird chasing; (ii) Banner towing; (iii) Aerial photography or survey; (iv) Fire fighting; [[Page 699]] (v) Helicopter operations in construction or repair work (but it does apply to transportation to and from the site of operations); and (vi) Powerline or pipeline patrol; (5) Sightseeing flights conducted in hot air balloons; (6) Nonstop flights conducted within a 25-statute-mile radius of the airport of takeoff carrying persons or objects for the purpose of conducting intentional parachute operations. (7) Helicopter flights conducted within a 25 statute mile radius of the airport of takeoff if-- (i) Not more than two passengers are carried in the helicopter in addition to the required flightcrew; (ii) Each flight is made under day VFR conditions; (iii) The helicopter used is certificated in the standard category and complies with the 100-hour inspection requirements of part 91 of this chapter; (iv) The operator notifies the FAA Flight Standards District Office responsible for the geographic area concerned at least 72 hours before each flight and furnishes any essential information that the office requests; (v) The number of flights does not exceed a total of six in any calendar year; (vi) Each flight has been approved by the Administrator; and (vii) Cargo is not carried in or on the helicopter; (8) Operations conducted under part 133 of this chapter or 375 of this title; (9) Emergency mail service conducted under 49 U.S.C. 41906; or (10) Operations conducted under the provisions of Sec. 91.321 of this chapter. [Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119- 4, 66 FR 23557, May 9, 2001; Amdt. 119-5, 67 FR 9554, Mar. 1, 2002; Amdt. 119-7, 68 FR 54584, Sept. 17, 2003]