227 

Federal Aviation Administration, DOT 

§ 121.589 

whom complaints should be addressed 
for resolution; and, 

(2) Submit their procedures for pre-

liminary review and approval to the 
principal operations inspectors as-
signed to them at the responsible 
Flight Standards office. 

(o) Certificate holders shall assign 

seats prior to boarding consistent with 
the criteria listed in paragraph (b) and 
the functions listed in paragraph (d) of 
this section, to the maximum extent 
feasible. 

(p) The procedures required by para-

graph (n) of this section will not be-
come effective until final approval is 
granted by the Executive Director, 
Flight Standards Service, Washington, 
DC. Approval will be based solely upon 
the safety aspects of the certificate 
holder’s procedures. 

[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as 
amended by Amdt. 121–232, 57 FR 48663, Oct. 
27, 1992; Amdt. 121–253, 61 FR 2614, Jan. 26, 
1996; Docket FAA–2018–0119, Amdt. 121–380, 83 
FR 9172, 9173, Mar. 5, 2018] 

§ 121.586 Authority to refuse transpor-

tation. 

(a) No certificate holder may refuse 

transportation to a passenger on the 
basis that, because the passenger may 
need the assistance of another person 
to move expeditiously to an exit in the 
event of an emergency, his transpor-
tation would or might be inimical to 
safety of flight unless— 

(1) The certificate holder has estab-

lished procedures (including reasonable 
notice requirements) for the carriage 
of passengers who may need the assist-
ance of another person to move expedi-
tiously to an exit in the event of an 
emergency; and 

(2) At least one of the following con-

ditions exist: 

(i) The passenger fails to comply with 

the notice requirements in the certifi-
cate holder’s procedures. 

(ii) The passenger cannot be carried 

in accordance with the certificate hold-
er’s procedures. 

(b) Each certificate holder shall pro-

vide the responsible Flight Standards 
office with a copy of each procedure it 
establishes in accordance with para-
graph (a)(2) of this section. 

(c) Whenever the Administrator finds 

that revisions in the procedures de-

scribed in paragraph (a)(2) of this sec-
tion are necessary in the interest of 
safety or in the public interest, the cer-
tificate holder, after notification by 
the Administrator, shall make those 
revisions in its procedures. Within 30 
days after the certificate holder re-
ceives such notice, it may file a peti-
tion to reconsider the notice with the 
responsible Flight Standards office. 
The filing of a petition to reconsider 
stays the notice pending a decision by 
the Administrator. However, if the Ad-
ministrator finds that there is an 
emergency that requires immediate ac-
tion in the interest of safety in air 
commerce, he may, upon a statement 
of the reasons, require a change effec-
tive without stay. 

(d) Each certificate holder shall 

make available to the public at each 
airport it serves a copy of each proce-
dure it establishes in accordance with 
paragraph (a)(1) of this section. 

[Doc. No. 12881, 42 FR 18394, Apr. 7, 1977, as 
amended by Amdt. 121–174, 46 FR 38051, July 
23, 1981; Amdt. 121–207, 54 FR 39293, Sept. 25, 
1989; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996; 
Docket FAA–2018–0119, Amdt. 121–380, 83 FR 
9172, Mar. 5, 2018] 

§ 121.587 Closing and locking of 

flightcrew compartment door. 

(a) Except as provided in paragraph 

(b) of this section, a pilot in command 
of an airplane that has a lockable 
flightcrew compartment door in ac-
cordance with § 121.313 and that is car-
rying passengers shall ensure that the 
door separating the flightcrew com-
partment from the passenger compart-
ment is closed and locked at all times 
when the aircraft is being operated. 

(b) The provisions of paragraph (a) of 

this section do not apply at any time 
when it is necessary to permit access 
and egress by persons authorized in ac-
cordance with § 121.547 and provided the 
part 119 operator complies with FAA 
approved procedures regarding the 
opening, closing and locking of the 
flightdeck doors. 

[Doc. No. FAA–2001–11032, 67 FR 2128, Jan. 15, 
2002] 

§ 121.589 Carry-on baggage. 

(a) No certificate holder may allow 

the boarding of carry-on baggage on an 

228 

14 CFR Ch. I (1–1–24 Edition) 

§ 121.590 

airplane unless each passenger’s bag-
gage has been scanned to control the 
size and amount carried on board in ac-
cordance with an approved carry-on 
baggage program in its operations 
specifications. In addition, no pas-
senger may board an airplane if his/her 
carry-on baggage exceeds the baggage 
allowance prescribed in the carry-on 
baggage program in the certificate 
holder’s operations specifications. 

(b) No certificate holder may allow 

all passenger entry doors of an airplane 
to be closed in preparation for taxi or 
pushback unless at least one required 
crewmember has verified that each ar-
ticle of baggage is stowed in accord-
ance with this section and § 121.285 (c) 
and (d). 

(c) No certificate holder may allow 

an airplane to take off or land unless 
each article of baggage is stowed: 

(1) In a suitable closet or baggage or 

cargo stowage compartment placarded 
for its maximum weight and providing 
proper restraint for all baggage or 
cargo stowed within, and in a manner 
that does not hinder the possible use of 
any emergency equipment; or 

(2) As provided in § 121.285 (c) and (d); 

or 

(3) Under a passenger seat. 
(d) Baggage, other than articles of 

loose clothing, may not be placed in an 
overhead rack unless that rack is 
equipped with approved restraining de-
vices or doors. 

(e) Each passenger must comply with 

instructions given by crewmembers re-
garding compliance with paragraphs 
(a), (b), (c), (d), and (g) of this section. 

(f) Each passenger seat under which 

baggage is allowed to be stowed shall 
be fitted with a means to prevent arti-
cles of baggage stowed under it from 
sliding forward. In addition, each aisle 
seat shall be fitted with a means to 
prevent articles of baggage stowed 
under it from sliding sideward into the 
aisle under crash impacts severe 
enough to induce the ultimate inertia 
forces specified in the emergency land-
ing condition regulations under which 
the airplane was type certificated. 

(g) In addition to the methods of 

stowage in paragraph (c) of this sec-
tion, flexible travel canes carried by 
blind individuals may be stowed— 

(1) Under any series of connected pas-

senger seats in the same row, if the 
cane does not protrude into an aisle 
and if the cane is flat on the floor; or 

(2) Between a nonemergency exit 

window seat and the fuselage, if the 
cane is flat on the floor; or 

(3) Beneath any two nonemergency 

exit window seats, if the cane is flat on 
the floor; or 

(4) In accordance with any other 

method approved by the Adminis-
trator. 

[Doc. No. 24996, 52 FR 21476, June 5, 1987, as 
amended by Amdt. 121–251, 60 FR 65935, Dec. 
20, 1995] 

§ 121.590 Use of certificated land air-

ports in the United States. 

(a) Except as provided in paragraphs 

(b) or (c) of this section, or unless au-
thorized by the Administrator under 49 
U.S.C. 44706(c), no air carrier and no 
pilot being used by an air carrier may 
operate, in the conduct of a domestic 
type operation, flag type operation, or 
supplemental type operation, an air-
plane at a land airport in any State of 
the United States, the District of Co-
lumbia, or any territory or possession 
of the United States unless that air-
port is certificated under part 139 of 
this chapter. Further, after June 9, 2005 
for Class I airports and after December 
9, 2005 for Class II, III, and IV airports, 
when an air carrier and a pilot being 
used by the air carrier are required to 
operate at an airport certificated under 
part 139 of this chapter, the air carrier 
and the pilot may only operate at that 
airport if the airport is classified under 
part 139 to serve the type airplane to be 
operated and the type of operation to 
be conducted. 

(b)(1) An air carrier and a pilot being 

used by the air carrier in the conduct 
of a domestic type operation, flag type 
operation, or supplemental type oper-
ation may designate and use as a re-
quired alternate airport for departure 
or destination an airport that is not 
certificated under part 139 of this chap-
ter. 

(2) Until December 9, 2005, an air car-

rier and a pilot being used by the air 
carrier in the conduct of domestic type 
operations and flag type operations, 
may operate an airplane designed for 
more than 9 but less than 31 passenger