508 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.399 

paragraph, §§ 135.385 and 135.387 are ap-
plicable to all commuter category air-
planes notwithstanding their stated ap-
plicability to turbine-engine-powered 
large transport category airplanes. 

(d) In determining maximum 

weights, minimum distances and flight 
paths under paragraphs (a) through (c) 
of this section, correction must be 
made for the runway to be used, the 
elevation of the airport, the effective 
runway gradient, and ambient tem-
perature, and wind component at the 
time of takeoff. 

(e) For the purposes of this section, 

the assumption is that the airplane is 
not banked before reaching a height of 
50 feet as shown by the net takeoff 
flight path data in the Airplane Flight 
Manual and thereafter the maximum 
bank is not more than 15 degrees. 

[Doc. No. 23516, 52 FR 1836, Jan. 15, 1987] 

§ 135.399 Small nontransport category 

airplane performance operating 
limitations. 

(a) No person may operate a recipro-

cating engine or turbopropeller-pow-
ered small airplane that is certificated 
under § 135.169(b) (2), (3), (4), (5), or (6) 
unless that person complies with the 
takeoff weight limitations in the ap-
proved Airplane Flight Manual or 
equivalent for operations under this 
part, and, if the airplane is certificated 
under § 135.169(b) (4) or (5) with the 
landing weight limitations in the Ap-
proved Airplane Flight Manual or 
equivalent for operations under this 
part. 

(b) No person may operate an air-

plane that is certificated under 
§ 135.169(b)(6) unless that person com-
plies with the landing limitations pre-
scribed in §§ 135.385 and 135.387 of this 
part. For purposes of this paragraph, 
§§ 135.385 and 135.387 are applicable to 
reciprocating and turbopropeller-pow-
ered small airplanes notwithstanding 
their stated applicability to turbine en-
gine powered large transport category 
airplanes. 

[44 FR 53731, Sept. 17, 1979] 

Subpart J—Maintenance, Preven-

tive Maintenance, and Alter-
ations 

§ 135.411 Applicability. 

(a) This subpart prescribes rules in 

addition to those in other parts of this 
chapter for the maintenance, preven-
tive maintenance, and alterations for 
each certificate holder as follows: 

(1) Aircraft that are type certificated 

for a passenger seating configuration, 
excluding any pilot seat, of nine seats 
or less, shall be maintained under parts 
91 and 43 of this chapter and §§ 135.415, 
135.417, 135.421 and 135.422. An approved 
aircraft inspection program may be 
used under § 135.419. 

(2) Aircraft that are type certificated 

for a passenger seating configuration, 
excluding any pilot seat, of ten seats or 
more, shall be maintained under a 
maintenance program in §§ 135.415, 
135.417, 135.423 through 135.443. 

(b) A certificate holder who is not 

otherwise required, may elect to main-
tain its aircraft under paragraph (a)(2) 
of this section. 

(c) Single engine aircraft used in pas-

senger-carrying IFR operations shall 
also be maintained in accordance with 
§ 135.421 (c), (d), and (e). 

(d) A certificate holder who elects to 

operate in accordance with § 135.364 
must maintain its aircraft under para-
graph (a)(2) of this section and the ad-
ditional requirements of Appendix G of 
this part. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–70, 62 FR 42374, Aug. 6, 
1997; Amdt. 135–78, 65 FR 60556, Oct. 11, 2000; 
Amdt. 135–92, 68 FR 69308, Dec. 12, 2003; Amdt. 
135–81, 70 FR 5533, Feb. 2, 2005; Amdt. 135–108, 
72 FR 1885, Jan. 16, 2007; 72 FR 53114, Sept. 18, 
2007] 

§ 135.413 Responsibility for airworthi-

ness. 

(a) Each certificate holder is pri-

marily responsible for the airworthi-
ness of its aircraft, including air-
frames, aircraft engines, propellers, ro-
tors, appliances, and parts, and shall 
have its aircraft maintained under this 
chapter, and shall have defects repaired 
between required maintenance under 
part 43 of this chapter. 

509 

Federal Aviation Administration, DOT 

§ 135.415 

(b) Each certificate holder who main-

tains its aircraft under § 135.411(a)(2) 
shall— 

(1) Perform the maintenance, preven-

tive maintenance, and alteration of its 
aircraft, including airframe, aircraft 
engines, propellers, rotors, appliances, 
emergency equipment and parts, under 
its manual and this chapter; or 

(2) Make arrangements with another 

person for the performance of mainte-
nance, preventive maintenance, or al-
teration. However, the certificate hold-
er shall ensure that any maintenance, 
preventive maintenance, or alteration 
that is performed by another person is 
performed under the certificate hold-
er’s manual and this chapter. 

§ 135.415 Service difficulty reports. 

(a) Each certificate holder shall re-

port the occurrence or detection of 
each failure, malfunction, or defect in 
an aircraft concerning— 

(1) Fires during flight and whether 

the related fire-warning system func-
tioned properly; 

(2) Fires during flight not protected 

by related fire-warning system; 

(3) False fire-warning during flight; 
(4) An exhaust system that causes 

damage during flight to the engine, ad-
jacent structure, equipment, or compo-
nents; 

(5) An aircraft component that 

causes accumulation or circulation of 
smoke, vapor, or toxic or noxious 
fumes in the crew compartment or pas-
senger cabin during flight; 

(6) Engine shutdown during flight be-

cause of flameout; 

(7) Engine shutdown during flight 

when external damage to the engine or 
aircraft structure occurs; 

(8) Engine shutdown during flight due 

to foreign object ingestion or icing; 

(9) Shutdown of more than one en-

gine during flight; 

(10) A propeller feathering system or 

ability of the system to control over-
speed during flight; 

(11) A fuel or fuel-dumping system 

that affects fuel flow or causes haz-
ardous leakage during flight; 

(12) An unwanted landing gear exten-

sion or retraction or opening or closing 
of landing gear doors during flight; 

(13) Brake system components that 

result in loss of brake actuating force 

when the aircraft is in motion on the 
ground; 

(14) Aircraft structure that requires 

major repair; 

(15) Cracks, permanent deformation, 

or corrosion of aircraft structures, if 
more than the maximum acceptable to 
the manufacturer or the FAA; and 

(16) Aircraft components or systems 

that result in taking emergency ac-
tions during flight (except action to 
shut-down an engine). 

(b) For the purpose of this section, 

during flight 

means the period from the 

moment the aircraft leaves the surface 
of the earth on takeoff until it touches 
down on landing. 

(c) In addition to the reports required 

by paragraph (a) of this section, each 
certificate holder shall report any 
other failure, malfunction, or defect in 
an aircraft that occurs or is detected at 
any time if, in its opinion, the failure, 
malfunction, or defect has endangered 
or may endanger the safe operation of 
the aircraft. 

(d) Each certificate holder shall sub-

mit each report required by this sec-
tion, covering each 24-hour period be-
ginning at 0900 local time of each day 
and ending at 0900 local time on the 
next day, to the FAA offices in Okla-
homa City, Oklahoma. Each report of 
occurrences during a 24-hour period 
shall be submitted to the collection 
point within the next 96 hours. How-
ever, a report due on Saturday or Sun-
day may be submitted on the following 
Monday, and a report due on a holiday 
may be submitted on the next work-
day. 

(e) The certificate holder shall trans-

mit the reports required by this section 
on a form and in a manner prescribed 
by the Administrator, and shall include 
as much of the following as is avail-
able: 

(1) The type and identification num-

ber of the aircraft. 

(2) The name of the operator. 
(3) The date. 
(4) The nature of the failure, mal-

function, or defect. 

(5) Identification of the part and sys-

tem involved, including available infor-
mation pertaining to type designation 
of the major component and time since 
last overhaul, if known.