424
14 CFR Ch. I (1–1–24 Edition)
§ 135.23
ground, and maintenance personnel in
conducting its operations. However,
the Administrator may authorize a de-
viation from this paragraph if the Ad-
ministrator finds that, because of the
limited size of the operation, all or
part of the manual is not necessary for
guidance of flight, ground, or mainte-
nance personnel.
(b) Each certificate holder shall
maintain at least one copy of the man-
ual at its principal base of operations.
(c) The manual must not be contrary
to any applicable Federal regulations,
foreign regulation applicable to the
certificate holder’s operations in for-
eign countries, or the certificate hold-
er’s operating certificate or operations
specifications.
(d) A copy of the manual, or appro-
priate portions of the manual (and
changes and additions) shall be made
available to maintenance and ground
operations personnel by the certificate
holder and furnished to—
(1) Its flight crewmembers; and
(2) Representatives of the Adminis-
trator assigned to the certificate hold-
er.
(e) Each employee of the certificate
holder to whom a manual or appro-
priate portions of it are furnished
under paragraph (d)(1) of this section
shall keep it up to date with the
changes and additions furnished to
them.
(f) The certificate holder must ensure
the appropriate parts of the manual are
accessible to flight, ground, and main-
tenance personnel at all times when
such personnel are performing their as-
signed duties.
(g) The information and instructions
contained in the manual must be dis-
played clearly and be retrievable in the
English language.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
1982; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995;
Amdt. 135–66, 62 FR 13257, Mar. 19, 1997;
Amdt. 135–91, 68 FR 54585, Sept. 17, 2003;
Docket No. FAA–2022–0912; Amdt. No. 135–144,
88 FR 34443, May 30, 2023]
§ 135.23 Manual contents.
Each manual accessed in paper for-
mat must display the date of last revi-
sion on each page. Each manual
accessed in electronic format must dis-
play the date of last revision in a man-
ner in which a person can immediately
ascertain it. The manual must include:
(a) The name of each management
person required under § 119.69(a) of this
chapter who is authorized to act for
the certificate holder, the person’s as-
signed area of responsibility, the per-
son’s duties, responsibilities, and au-
thority, and the name and title of each
person authorized to exercise oper-
ational control under § 135.77;
(b) Procedures for ensuring compli-
ance with aircraft weight and balance
limitations and, for multiengine air-
craft, for determining compliance with
§ 135.185;
(c) Copies of the certificate holder’s
operations specifications or appro-
priate extracted information, including
area of operations authorized, category
and class of aircraft authorized, crew
complements, and types of operations
authorized;
(d) Procedures for complying with ac-
cident notification requirements;
(e) Procedures for ensuring that the
pilot in command knows that required
airworthiness inspections have been
made and that the aircraft has been ap-
proved for return to service in compli-
ance with applicable maintenance re-
quirements;
(f) Procedures for reporting and re-
cording mechanical irregularities that
come to the attention of the pilot in
command before, during, and after
completion of a flight;
(g) Procedures to be followed by the
pilot in command for determining that
mechanical irregularities or defects re-
ported for previous flights have been
corrected or that correction has been
deferred;
(h) Procedures to be followed by the
pilot in command to obtain mainte-
nance, preventive maintenance, and
servicing of the aircraft at a place
where previous arrangements have not
been made by the operator, when the
pilot is authorized to so act for the op-
erator;
(i) Procedures under § 135.179 for the
release for, or continuation of, flight if
any item of equipment required for the
particular type of operation becomes
inoperative or unserviceable en route;
425
Federal Aviation Administration, DOT
§ 135.23
(j) Procedures for refueling aircraft,
eliminating fuel contamination, pro-
tecting from fire (including electro-
static protection), and supervising and
protecting passengers during refueling;
(k) Procedures to be followed by the
pilot in command in the briefing under
§ 135.117;
(l) Flight locating procedures, when
applicable;
(m) Procedures for ensuring compli-
ance with emergency procedures, in-
cluding a list of the functions assigned
each category of required crew-
members in connection with an emer-
gency and emergency evacuation du-
ties under § 135.123;
(n) En route qualification procedures
for pilots, when applicable;
(o) The approved aircraft inspection
program, when applicable;
(p)(1) Procedures and information, as
described in paragraph (p)(2) of this
section, to assist each crewmember and
person performing or directly super-
vising the following job functions in-
volving items for transport on an air-
craft:
(i) Acceptance;
(ii) Rejection;
(iii) Handling;
(iv) Storage incidental to transport;
(v) Packaging of company material;
or
(vi) Loading.
(2) Ensure that the procedures and
information described in this para-
graph are sufficient to assist a person
in identifying packages that are
marked or labeled as containing haz-
ardous materials or that show signs of
containing undeclared hazardous mate-
rials. The procedures and information
must include:
(i) Procedures for rejecting packages
that do not conform to the Hazardous
Materials Regulations in 49 CFR parts
171 through 180 or that appear to con-
tain undeclared hazardous materials;
(ii) Procedures for complying with
the hazardous materials incident re-
porting requirements of 49 CFR 171.15
and 171.16 and discrepancy reporting re-
quirements of 49 CFR 175.31.
(iii) The certificate holder’s hazmat
policies and whether the certificate
holder is authorized to carry, or is pro-
hibited from carrying, hazardous mate-
rials; and
(iv) If the certificate holder’s oper-
ations specifications permit the trans-
port of hazardous materials, procedures
and information to ensure the fol-
lowing:
(A) That packages containing haz-
ardous materials are properly offered
and accepted in compliance with 49
CFR parts 171 through 180;
(B) That packages containing haz-
ardous materials are properly handled,
stored, packaged, loaded and carried on
board an aircraft in compliance with 49
CFR parts 171 through 180;
(C) That the requirements for Notice
to the Pilot in Command (49 CFR
175.33) are complied with; and
(D) That aircraft replacement parts,
consumable materials or other items
regulated by 49 CFR parts 171 through
180 are properly handled, packaged, and
transported.
(q) Procedures for the evacuation of
persons who may need the assistance of
another person to move expeditiously
to an exit if an emergency occurs; and
(r) If required by § 135.385, an ap-
proved Destination Airport Analysis
establishing runway safety margins at
destination airports, taking into ac-
count the following factors as sup-
ported by published aircraft perform-
ance data supplied by the aircraft man-
ufacturer for the appropriate runway
conditions—
(1) Pilot qualifications and experi-
ence;
(2) Aircraft performance data to in-
clude normal, abnormal and emergency
procedures as supplied by the aircraft
manufacturer;
(3) Airport facilities and topography;
(4) Runway conditions (including
contamination);
(5) Airport or area weather reporting;
(6) Appropriate additional runway
safety margins, if required;
(7) Airplane inoperative equipment;
(8) Environmental conditions; and
(9) Other criteria affecting aircraft
performance.
(s) Other procedures and policy in-
structions regarding the certificate
426
14 CFR Ch. I (1–1–24 Edition)
§ 135.25
holder’s operations issued by the cer-
tificate holder.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–20, 51 FR 40709, Nov. 7,
1986; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995;
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003;
Amdt. 135–101, 70 FR 58829, Oct. 7, 2005; Dock-
et No. FAA–2022–0912; Amdt. No. 135–144, 88
FR 34443, May 30, 2023]
§ 135.25 Aircraft requirements.
(a) Except as provided in paragraph
(d) of this section, no certificate holder
may operate an aircraft under this part
unless that aircraft—
(1) Is registered as a civil aircraft of
the United States and carries an appro-
priate and current airworthiness cer-
tificate issued under this chapter; and
(2) Is in an airworthy condition and
meets the applicable airworthiness re-
quirements of this chapter, including
those relating to identification and
equipment.
(b) Each certificate holder must have
the exclusive use of at least one air-
craft that meets the requirements for
at least one kind of operation author-
ized in the certificate holder’s oper-
ations specifications. In addition, for
each kind of operation for which the
certificate holder does not have the ex-
clusive use of an aircraft, the certifi-
cate holder must have available for use
under a written agreement (including
arrangements for performing required
maintenance) at least one aircraft that
meets the requirements for that kind
of operation. However, this paragraph
does not prohibit the operator from
using or authorizing the use of the air-
craft for other than operations under
this part and does not require the cer-
tificate holder to have exclusive use of
all aircraft that the certificate holder
uses.
(c) For the purposes of paragraph (b)
of this section, a person has exclusive
use of an aircraft if that person has the
sole possession, control, and use of it
for flight, as owner, or has a written
agreement (including arrangements for
performing required maintenance), in
effect when the aircraft is operated,
giving the person that possession, con-
trol, and use for at least 6 consecutive
months.
(d) A certificate holder may operate
in common carriage, and for the car-
riage of mail, a civil aircraft which is
leased or chartered to it without crew
and is registered in a country which is
a party to the Convention on Inter-
national Civil Aviation if—
(1) The aircraft carries an appro-
priate airworthiness certificate issued
by the country of registration and
meets the registration and identifica-
tion requirements of that country;
(2) The aircraft is of a type design
which is approved under a U.S. type
certificate and complies with all of the
requirements of this chapter (14 CFR
chapter I) that would be applicable to
that aircraft were it registered in the
United States, including the require-
ments which must be met for issuance
of a U.S. standard airworthiness cer-
tificate (including type design con-
formity, condition for safe operation,
and the noise, fuel venting, and engine
emission requirements of this chapter),
except that a U.S. registration certifi-
cate and a U.S. standard airworthiness
certificate will not be issued for the
aircraft;
(3) The aircraft is operated by U.S.-
certificated airmen employed by the
certificate holder; and
(4) The certificate holder files a copy
of the aircraft lease or charter agree-
ment with the FAA Aircraft Registry,
Department of Transportation, 6400
South MacArthur Boulevard, Okla-
homa City, OK (Mailing address: P.O.
Box 25504, Oklahoma City, OK 73125).
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–8, 45 FR 68649, Oct. 16,
1980; Amdt. 135–66, 62 FR 13257, Mar. 19, 1997]
§ 135.41 Carriage of narcotic drugs,
marihuana, and depressant or stim-
ulant drugs or substances.
If the holder of a certificate oper-
ating under this part allows any air-
craft owned or leased by that holder to
be engaged in any operation that the
certificate holder knows to be in viola-
tion of § 91.19(a) of this chapter, that
operation is a basis for suspending or
revoking the certificate.
[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995]
§ 135.43 Crewmember certificates:
International operations.
(a) This section describes the certifi-
cates that were issued to United States