234
14 CFR Ch. I (1–1–24 Edition)
§ 121.627
holder’s operations specifications for
that airport when the flight arrives.
[Doc. No. FAA–2002–6717, 72 FR 1881, Jan. 16,
2007]
§ 121.627 Continuing flight in unsafe
conditions.
(a) No pilot in command may allow a
flight to continue toward any airport
to which it has been dispatched or re-
leased if, in the opinion of the pilot in
command or dispatcher (domestic and
flag operations only), the flight cannot
be completed safely; unless, in the
opinion of the pilot in command, there
is no safer procedure. In that event,
continuation toward that airport is an
emergency situation as set forth in
§ 121.557.
(b) If any instrument or item of
equipment required under this chapter
for the particular operation becomes
inoperative en route, the pilot in com-
mand shall comply with the approved
procedures for such an occurrence as
specified in the certificate holder’s
manual.
[Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as
amended by Amdt. 121–222, 56 FR 12310, Mar.
22, 1991; Amdt. 121–253, 61 FR 2615, Jan. 26,
1996]
§ 121.628 Inoperable instruments and
equipment.
(a) No person may take off an air-
plane with inoperable instruments or
equipment installed unless the fol-
lowing conditions are met:
(1) An approved Minimum Equipment
List exists for that airplane.
(2) The responsible Flight Standards
office has issued the certificate holder
operations specifications authorizing
operations in accordance with an ap-
proved Minimum Equipment List. The
flight crew shall have direct access at
all times prior to flight to all of the in-
formation contained in the approved
Minimum Equipment List through
printed or other means approved by the
Administrator in the certificate hold-
ers operations specifications. An ap-
proved Minimum Equipment List, as
authorized by the operations specifica-
tions, constitutes an approved change
to the type design without requiring
recertification.
(3) The approved Minimum Equip-
ment List must:
(i) Be prepared in accordance with
the limitations specified in paragraph
(b) of this section.
(ii) Provide for the operation of the
airplane with certain instruments and
equipment in an inoperable condition.
(4) Records identifying the inoperable
instruments and equipment and the in-
formation required by paragraph
(a)(3)(ii) of this section must be avail-
able to the pilot.
(5) The airplane is operated under all
applicable conditions and limitations
contained in the Minimum Equipment
List and the operations specifications
authorizing use of the Minimum Equip-
ment List.
(b) The following instruments and
equipment may not be included in the
Minimum Equipment List:
(1) Instruments and equipment that
are either specifically or otherwise re-
quired by the airworthiness require-
ments under which the airplane is type
certificated and which are essential for
safe operations under all operating
conditions.
(2) Instruments and equipment re-
quired by an airworthiness directive to
be in operable condition unless the air-
worthiness directive provides other-
wise.
(3) Instruments and equipment re-
quired for specific operations by this
part.
(c) Notwithstanding paragraphs (b)(1)
and (b)(3) of this section, an airplane
with inoperable instruments or equip-
ment may be operated under a special
flight permit under §§ 21.197 and 21.199
of this chapter.
[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991;
Amdt. 121–222, 56 FR 14290, Apr. 8, 1991; Amdt.
121–253, 61 FR 2615, Jan. 26, 1996; Docket
FAA–2018–0119, Amdt. 121–380, 83 FR 9172,
Mar. 5, 2018]
§ 121.629 Operation in icing condi-
tions.
(a) No person may dispatch or release
an aircraft, continue to operate an air-
craft en route, or land an aircraft when
in the opinion of the pilot in command
or aircraft dispatcher (domestic and
flag operations only), icing conditions
are expected or met that might ad-
versely affect the safety of the flight.
235
Federal Aviation Administration, DOT
§ 121.629
(b) No person may take off an air-
craft when frost, ice, or snow is adher-
ing to the wings, control surfaces, pro-
pellers, engine inlets, or other critical
surfaces of the aircraft or when the
takeoff would not be in compliance
with paragraph (c) of this section.
Takeoffs with frost under the wing in
the area of the fuel tanks may be au-
thorized by the Administrator.
(c) Except as provided in paragraph
(d) of this section, no person may dis-
patch, release, or take off an aircraft
any time conditions are such that
frost, ice, or snow may reasonably be
expected to adhere to the aircraft, un-
less the certificate holder has an ap-
proved ground deicing/anti-icing pro-
gram in its operations specifications
and unless the dispatch, release, and
takeoff comply with that program. The
approved ground deicing/anti-icing pro-
gram must include at least the fol-
lowing items:
(1) A detailed description of—
(i) How the certificate holder deter-
mines that conditions are such that
frost, ice, or snow may reasonably be
expected to adhere to the aircraft and
that ground deicing/anti-icing oper-
ational procedures must be in effect;
(ii) Who is responsible for deciding
that ground deicing/anti-icing oper-
ational procedures must be in effect;
(iii) The procedures for implementing
ground deicing/anti-icing operational
procedures;
(iv) The specific duties and respon-
sibilities of each operational position
or group responsible for getting the
aircraft safely airborne while ground
deicing/anti-icing operational proce-
dures are in effect.
(2) Initial and annual recurrent
ground training and testing for flight
crewmembers and qualification for all
other affected personnel (e.g., aircraft
dispatchers, ground crews, contract
personnel) concerning the specific re-
quirements of the approved program
and each person’s responsibilities and
duties under the approved program,
specifically covering the following
areas:
(i) The use of holdover times.
(ii) Aircraft deicing/anti-icing proce-
dures, including inspection and check
procedures and responsibilities.
(iii) Communications procedures.
(iv) Aircraft surface contamination
(
i.e.
, adherence of frost, ice, or snow)
and critical area identification, and
how contamination adversely affects
aircraft performance and flight charac-
teristics.
(v) Types and characteristics of deic-
ing/anti-icing fluids.
(vi) Cold weather preflight inspection
procedures;
(vii) Techniques for recognizing con-
tamination on the aircraft.
(3) The certificate holder’s holdover
timetables and the procedures for the
use of these tables by the certificate
holder’s personnel. Holdover time is
the estimated time deicing/anti-icing
fluid will prevent the formation of
frost or ice and the accumulation of
snow on the protected surfaces of an
aircraft. Holdover time begins when
the final application of deicing/anti-
icing fluid commences and expires
when the deicing/anti-icing fluid ap-
plied to the aircraft loses its effective-
ness. The holdover times must be sup-
ported by data acceptable to the Ad-
ministrator. The certificate holder’s
program must include procedures for
flight crewmembers to increase or de-
crease the determined holdover time in
changing conditions. The program
must provide that takeoff after exceed-
ing any maximum holdover time in the
certificate holder’s holdover timetable
is permitted only when at least one of
the following conditions exists:
(i) A pretakeoff contamination
check, as defined in paragraph (c)(4) of
this section, determines that the
wings, control surfaces, and other crit-
ical surfaces, as defined in the certifi-
cate holder’s program, are free of frost,
ice, or snow.
(ii) It is otherwise determined by an
alternate procedure approved by the
Administrator in accordance with the
certificate holder’s approved program
that the wings, control surfaces, and
other critical surfaces, as defined in
the certificate holder’s program, are
free of frost, ice, or snow.
(iii) The wings, control surfaces, and
other critical surfaces are redeiced and
a new holdover time is determined.
(4) Aircraft deicing/anti-icing proce-
dures and responsibilities, pretakeoff
check procedures and responsibilities,
and pretakeoff contamination check
236
14 CFR Ch. I (1–1–24 Edition)
§ 121.631
procedures and responsibilities. A pre-
takeoff check is a check of the air-
craft’s wings or representative aircraft
surfaces for frost, ice, or snow within
the aircraft’s holdover time. A pre-
takeoff contamination check is a check
to make sure the wings, control sur-
faces, and other critical surfaces, as de-
fined in the certificate holder’s pro-
gram, are free of frost, ice, and snow. It
must be conducted within five minutes
prior to beginning take off. This check
must be accomplished from outside the
aircraft unless the program specifies
otherwise.
(d) A certificate holder may continue
to operate under this section without a
program as required in paragraph (c) of
this section, if it includes in its oper-
ations specifications a requirement
that, any time conditions are such that
frost, ice, or snow may reasonably be
expected to adhere to the aircraft, no
aircraft will take off unless it has been
checked to ensure that the wings, con-
trol surfaces, and other critical sur-
faces are free of frost, ice, and snow.
The check must occur within five min-
utes prior to beginning takeoff. This
check must be accomplished from out-
side the aircraft.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–231, 57 FR 44942, Sept.
29, 1992; Amdt. 121–253, 61 FR 2615, Jan. 26,
1996]
§ 121.631 Original dispatch or flight re-
lease, redispatch or amendment of
dispatch or flight release.
(a) A certificate holder may specify
any regular, provisional, or refueling
airport, authorized for the type of air-
craft, as a destination for the purpose
of original dispatch or release.
(b) No person may allow a flight to
continue to an airport to which it has
been dispatched or released unless the
weather conditions at an alternate air-
port that was specified in the dispatch
or flight release are forecast to be at or
above the alternate minimums speci-
fied in the operations specifications for
that airport at the time the aircraft
would arrive at the alternate airport.
However, the dispatch or flight release
may be amended en route to include
any alternate airport that is within the
fuel range of the aircraft as specified in
§§ 121.639 through 121.647.
(c) No person may allow a flight to
continue beyond the ETOPS Entry
Point unless—
(1) Except as provided in paragraph
(d) of this section, the weather condi-
tions at each ETOPS Alternate Airport
required by § 121.624 are forecast to be
at or above the operating minima for
that airport in the certificate holder’s
operations specifications when it
might be used (from the earliest to the
latest possible landing time); and
(2) All ETOPS Alternate Airports
within the authorized ETOPS max-
imum diversion time are reviewed and
the flight crew advised of any changes
in conditions that have occurred since
dispatch.
(d) If paragraph (c)(1) of this section
cannot be met for a specific airport,
the dispatch or flight release may be
amended to add an ETOPS Alternate
Airport within the maximum ETOPS
diversion time that could be authorized
for that flight with weather conditions
at or above operating minima.
(e) Before the ETOPS Entry Point,
the pilot in command for a supple-
mental operator or a dispatcher for a
flag operator must use company com-
munications to update the flight plan
if needed because of a re-evaluation of
aircraft system capabilities.
(f) No person may change an original
destination or alternate airport that is
specified in the original dispatch or
flight release to another airport while
the aircraft is en route unless the other
airport is authorized for that type of
aircraft and the appropriate require-
ments of §§ 121.593 through 121.661 and
121.173 are met at the time of redis-
patch or amendment of the flight re-
lease.
(g) Each person who amends a dis-
patch or flight release en route shall
record that amendment.
[Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–65, 35 FR 12709, Aug.
11, 1970; Amdt. 121–329, 72 FR 1881, Jan. 16,
2007]
§ 121.633 Considering time-limited sys-
tems in planning ETOPS alternates.
(a) For ETOPS up to and including
180 minutes, no person may list an air-
port as an ETOPS Alternate Airport in
a dispatch or flight release if the time