Sec. 135.2 - Compliance schedule for operators that
transition to part 121 of this chapter; certain new entrant operators.
(a) Applicability. This section
applies to the following:
(1) Each certificate holder that was
issued an air carrier or operating certificate and operations
specifications under the requirements of part 135 of this chapter or under
SFAR No. 38-2 of 14 CFR part 121 before January 19, 1996, and that
conducts scheduled passenger-carrying operations with:
(i) Nontransport category turbopropeller
powered airplanes type certificated after December 31, 1964, that have a
passenger seat configuration of 10-19 seats;
(ii) Transport category turbopropeller
powered airplanes that have a passenger seat configuration of 20-30 seats;
or
(iii) Turbojet engine powered airplanes
having a passenger seat configuration of 1-30 seats.
(2) Each person who, after January 19,
1996, applies for or obtains an initial air carrier or operating
certificate and operations specifications to conduct scheduled
passenger-carrying operations in the kinds of airplanes described in
paragraphs (a)(1)(i), (a)(1)(ii), or paragraph (a)(1)(iii) of this
section.
(b) Obtaining operations
specifications. A certificate holder described in paragraph (a)(1) of
this section may not, after March 20, 1997, operate an airplane described
in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section in
scheduled passenger-carrying operations, unless it obtains operations
specifications to conduct its scheduled operations under part 121 of this
chapter on or before March 20, 1997.
(c) Regular or accelerated
compliance. Except as provided in paragraphs (d), and (e) of this
section, each certificate holder described in paragraph (a)(1) of this
section shall comply with each applicable requirement of part 121 of this
chapter on and after March 20, 1997 or on and after the date on which the
certificate holder is issued operations specifications under this part,
whichever occurs first. Except as provided in paragraphs (d) and (e) of
this section, each person described in paragraph (a)(2) of this section
shall comply with each applicable requirement of part 121 of this chapter
on and after the date on which that person is issued a certificate and
operations specifications under part 121 of this chapter.
(d) Delayed compliance dates.
Unless paragraph (e) of this section specifies an earlier compliance date,
no certificate holder that is covered by paragraph (a) of this section may
operate an airplane in 14 CFR part 121 operations on or after a date
listed in this paragraph unless that airplane meets the applicable
requirement of this paragraph:
(1) Nontransport category
turbopropeller powered airplanes type certificated after December 31,
1964, that have a passenger seat configuration of 10-19 seats. No
certificate holder may operate under this part an airplane that is
described in paragraph (a)(1)(i) of this section on or after a date listed
in paragraph (d)(1) of this section unless that airplane meets the
applicable requirement listed in paragraph (d)(1) of this section:
(i) December 20, 1997:
(A) Section 121.289, Landing gear aural
warning.
(B) Section 121.308, Lavatory fire
protection.
(C) Section 121.310(e), Emergency exit
handle illumination.
(D) Section 121.337(b)(8), Protective
breathing equipment.
(E) Section 121.340, Emergency flotation
means.
(ii) December 20, 1999: Section 121.342,
Pitot heat indication system.
(iii) December 20, 2010:
(A) For airplanes described in
§121.157(f), the Airplane Performance Operating Limitations in §§121.189
through 121.197.
(B) Section 121.161(b), Ditching
approval.
(C) Section 121.305(j), Third attitude
indicator.
(D) Section 121.312(c), Passenger seat
cushion flammability.
(iv) March 12, 1999: Section
121.310(b)(1), Interior emergency exit locating sign.
(2) Transport category turbopropeller
powered airplanes that have a passenger seat configuration of 20-30 seats.
No certificate holder may operate under this part an airplane that is
described in paragraph (a)(1)(ii) of this section on or after a date
listed in paragraph (d)(2) of this section unless that airplane meets the
applicable requirement listed in paragraph (d)(2) of this section:
(i) December 20, 1997:
(A) Section 121.308, Lavatory fire
protection.
(B) Section 121.337(b) (8) and (9),
Protective breathing equipment.
(C) Section 121.340, Emergency flotation
means.
(ii) December 20, 2010: Section
121.305(j), Third attitude indicator.
(e) Newly manufactured airplanes.
No certificate holder that is described in paragraph (a) of this section
may operate under part 121 of this chapter an airplane manufactured on or
after a date listed in this paragraph (e) unless that airplane meets the
applicable requirement listed in this paragraph (e).
(1) For nontransport category
turbopropeller powered airplanes type certificated after December 31,
1964, that have a passenger seat configuration of 10-19 seats:
(i) Manufactured on or after March 20,
1997:
(A) Section 121.305(j), Third attitude
indicator.
(B) Section 121.311(f), Safety belts and
shoulder harnesses.
(ii) Manufactured on or after December
20, 1997: Section 121.317(a), Fasten seat belt light.
(iii) Manufactured on or after December
20, 1999: Section 121.293, Takeoff warning system.
(iv) Manufactured on or after March 12,
1999: Section 121.310(b)(1), Interior emergency exit locating sign.
(2) For transport category
turbopropeller powered airplanes that have a passenger seat configuration
of 20-30 seats manufactured on or after March 20, 1997: Section
121.305(j), Third attitude indicator.
(f) New type certification
requirements. No person may operate an airplane for which the
application for a type certificate was filed after March 29, 1995, in 14
CFR part 121 operations unless that airplane is type certificated under
part 25 of this chapter.
(g) Transition plan. Before March
19, 1996 each certificate holder described in paragraph (a)(1) of this
section must submit to the FAA a transition plan (containing a calendar of
events) for moving from conducting its scheduled operations under the
commuter requirements of part 135 of this chapter to the requirements for
domestic or flag operations under part 121 of this chapter. Each
transition plan must contain details on the following:
(1) Plans for obtaining new operations
specifications authorizing domestic or flag operations;
(2) Plans for being in compliance with
the applicable requirements of part 121 of this chapter on or before March
20, 1997; and
(3) Plans for complying with the
compliance date schedules contained in paragraphs (d) and (e) of this
section.
[Doc. No. 28154, 60 FR 65938, Dec. 20, 1995, as
amended by Amdt. 135-65, 61 FR 30435, June 14, 1996; Amdt. 135-66, 62 FR
13257, Mar. 19, 1997]