84
14 CFR Ch. I (1–1–24 Edition)
§ 121.91
Subpart D—Rules Governing All
Certificate Holders Under This
Part
[
Reserved
]
Subpart E—Approval of Routes:
Domestic and Flag Operations
S
OURCE
: Docket No. 6258, 29 FR 19194, Dec.
31, 1964, unless otherwise noted.
§ 121.91 Applicability.
This subpart prescribes rules for ob-
taining approval of routes by certifi-
cate holders conducting domestic or
flag operations.
[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
§ 121.93 Route requirements: General.
(a) Each certificate holder con-
ducting domestic or flag operations
seeking a route approval must show—
(1) That it is able to conduct satisfac-
torily scheduled operations between
each regular, provisional, and refueling
airport over that route or route seg-
ment; and
(2) That the facilities and services re-
quired by §§ 121.97 through 121.107 are
available and adequate for the proposed
operation.
The Administrator approves a route
outside of controlled airspace if he de-
termines that traffic density is such
that an adequate level of safety can be
assured.
(b) Paragraph (a) of this section does
not require actual flight over a route
or route segment if the certificate
holder shows that the flight is not es-
sential to safety, considering the avail-
ability and adequacy of airports, light-
ing, maintenance, communication,
navigation, fueling, ground, and air-
plane radio facilities, and the ability of
the personnel to be used in the pro-
posed operation.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3638, Mar. 19,
1965; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996]
§ 121.95 Route width.
(a) Approved routes and route seg-
ments over U.S. Federal airways or for-
eign airways (and advisory routes in
the case of certificate holders con-
ducting flag operations) have a width
equal to the designated width of those
airways or routes. Whenever the Ad-
ministrator finds it necessary to deter-
mine the width of other approved
routes, he considers the following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation
aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other ap-
proved routes determined by the Ad-
ministrator are specified in the certifi-
cate holder’s operations specifications.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2610, Jan.
26, 1996]
§ 121.97 Airports: Required data.
(a) Each certificate holder con-
ducting domestic or flag operations
must show that each route it submits
for approval has enough airports that
are properly equipped and adequate for
the proposed operation, considering
such items as size, surface, obstruc-
tions, facilities, public protection,
lighting, navigational and communica-
tions aids, and ATC.
(b) Each certificate holder con-
ducting domestic or flag operations
must show that it has an approved sys-
tem for obtaining, maintaining, and
distributing to appropriate personnel
current aeronautical data for each air-
port it uses to ensure a safe operation
at that airport. The aeronautical data
must include the following:
(1)
Airports.
(i)
Facilities.
(ii) Public protection. After February
15, 2008, for ETOPS beyond 180 minutes
or operations in the North Polar area
and South Polar area, this includes fa-
cilities at each airport or in the imme-
diate area sufficient to protect the pas-
sengers from the elements and to see to
their welfare.
(iii)
Navigational and communica-
tions aids.
(iv)
Construction affecting takeoff,
landing, or ground operations.
(v)
Air traffic facilities.
(2)
Runways, clearways and
stopways.
(i)
Dimensions.
(ii)
Surface.
(iii)
Marking and lighting systems.
(iv)
Elevation and gradient.
85
Federal Aviation Administration, DOT
§ 121.99
(3)
Displaced thresholds.
(i)
Location.
(ii)
Dimensions.
(iii)
Takeoff or landing or both.
(4)
Obstacles.
(i)
Those affecting takeoff and land-
ing performance computations in ac-
cordance with Subpart I of this part.
(ii)
Controlling obstacles.
(5)
Instrument flight procedures.
(i)
Departure procedure.
(ii)
Approach procedure.
(iii)
Missed approach procedure.
(6)
Special information.
(i)
Runway visual range measure-
ment equipment.
(ii)
Prevailing winds under low visi-
bility conditions.
(c) If the responsible Flight Stand-
ards office charged with the overall in-
spection of the certificate holder’s op-
erations finds that revisions are nec-
essary for the continued adequacy of
the certificate holder’s system for col-
lection, dissemination, and usage of
aeronautical data that has been grant-
ed approval, the certificate holder
shall, after notification by the respon-
sible Flight Standards office, make
those revisions in the system. Within
30 days after the certificate holder re-
ceives such notice, the certificate hold-
er may file a petition to reconsider the
notice with the Executive Director,
Flight Standards Service. This filing of
a petition to reconsider stays the no-
tice pending a decision by the Execu-
tive Director, Flight Standards Serv-
ice. However, if the responsible Flight
Standards office finds that there is an
emergency that requires immediate ac-
tion in the interest of safety in air
transportation, the Executive Director,
Flight Standards Service may, upon
statement of the reasons, require a
change effective without stay.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
amended by Amdt. 121–162, 45 FR 46738, July
10, 1980; Amdt. 121–207, 54 FR 39293, Sept. 25,
1989; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996;
Amdt. 121–329, 72 FR 1878, Jan. 16, 2007; Dock-
et FAA–2018–0119, Amdt. 121–380, 83 FR 9172,
9173, Mar. 5, 2018]
§ 121.99 Communications facilities—
domestic and flag operations.
(a) Each certificate holder con-
ducting domestic or flag operations
must show that a two-way communica-
tion system, or other means of commu-
nication approved by the responsible
Flight Standards office, is available
over the entire route. The communica-
tions may be direct links or via an ap-
proved communication link that will
provide reliable and rapid communica-
tions under normal operating condi-
tions between each airplane and the ap-
propriate dispatch office, and between
each airplane and the appropriate air
traffic control unit.
(b) Except in an emergency, for all
flag and domestic kinds of operations,
the communications systems between
each airplane and the dispatch office
must be independent of any system op-
erated by the United States.
(c) Each certificate holder con-
ducting flag operations must provide
voice communications for ETOPS
where voice communication facilities
are available. In determining whether
facilities are available, the certificate
holder must consider potential routes
and altitudes needed for diversion to
ETOPS Alternate Airports. Where fa-
cilities are not available or are of such
poor quality that voice communication
is not possible, another communication
system must be substituted.
(d) Except as provided in paragraph
(e) of this section, after February 15,
2008 for ETOPS beyond 180 minutes,
each certificate holder conducting flag
operations must have a second commu-
nication system in addition to that re-
quired by paragraph (c) of this section.
That system must be able to provide
immediate satellite-based voice com-
munications of landline-telephone fi-
delity. The system must be able to
communicate between the flight crew
and air traffic services, and the flight
crew and the certificate holder. In de-
termining whether such communica-
tions are available, the certificate
holder must consider potential routes
and altitudes needed for diversion to
ETOPS Alternate Airports. Where im-
mediate, satellite-based voice commu-
nications are not available, or are of
such poor quality that voice commu-
nication is not possible, another com-
munication system must be sub-
stituted.
(e) Operators of two-engine turbine-
powered airplanes with 207 minute
ETOPS approval in the North Pacific
Area of Operation must comply with