PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS Special Federal Aviation Regulations SFAR No. 58 [Note] SFAR No. 63 Subpart A--General Sec. 65.1 Applicability. 65.3 Certification of foreign airmen other than flight crewmembers. 65.11 Application and issue. 65.12 Offenses involving alcohol or drugs. 65.13 Temporary certificate. 65.15 Duration of certificates. 65.16 Change of name: Replacement of lost or destroyed certificate. 65.17 Tests: General procedure. 65.18 Written tests: Cheating or other unauthorized conduct. 65.19 Retesting after failure. 65.20 Applications, certificates, logbooks reports, and records: Falsification reproduction, or alteration. 65.21 Change of address. 65.23 Refusal to submit to a drug or alcohol test. Subpart B--Air-Traffic Control Tower Operators 65.31 Required certificates, and rating or qualification. 65.33 Eligibility requirements: General. 65.35 Knowledge requirements. 65.37 Skill requirements: Operating positions. 65.39 Practical experience requirements: Facility rating. 65.41 Skill requirements: Facility ratings. 65.43 Rating privileges and exchange. 65.45 Performance of duties. 65.46 Use of prohibited drugs. 65.46a Misuse of alcohol. 65.46b Testing for alcohol. 65.47 Maximum hours. 65.49 General operating rules. 65.50 Currency requirements. Subpart C--Aircraft Dispatchers 65.51 Certificate required. 65.53 Eligibility requirements: General. 65.55 Knowledge requirements. 65.57 Experience requirements. 65.59 Skill requirements. 65.61 Aircraft dispatcher courses. Subpart D--Mechanics 65.71 Eligibility requirements: General. 65.73 Ratings. 65.75 Knowledge requirements. 65.77 Experience requirements. 65.79 Skill requirements. 65.80 Certificated aviation maintenance technician school students. 65.81 General privileges and limitations. 65.83 Recent experience requirements. 65.85 Airframe rating; additional privileges. 65.87 Powerplant rating; additional privileges. 65.89 Display of certificate. 65.91 Inspection authorization. 65.92 Inspection authorization: Duration. 65.93 Inspection authorization: Renewal. 65.95 Inspection authorization: Privileges and limitations. Subpart E--Repairmen 65.101 Eligibility requirements: General. 65.103 Repairman certificate: Privileges and limitations. 65.104 Repairman certificate--experimental aircraft builder--Eligibility, privileges and limitations. 65.105 Display of certificate. Subpart F--Parachute Riggers 65.111 Certificate required. 65.113 Eligibility requirements: General. 65.115 Senior parachute rigger certificate: Experience, knowledge, and skill requirements. 65.117 Military riggers or former military riggers: Special certification rule. 65.119 Master parachute rigger certificate: Experience, knowledge, and skill requirements. 65.121 Type ratings. 65.123 Additional type ratings: Requirements. 65.125 Certificates: Privileges. 65.127 Facilities and equipment. 65.129 Performance standards. 65.131 Records. 65.133 Seal. Appendix A to Part 65--Aircraft Dispatcher Courses Authority: 49 U.S.C. 1354(a), 1355, 1421, 1422, and 1427 (revised, Pub. L. 102-143, October 28, 1991); 49 U.S.C. 106(g) (revised, Pub. L. 97-449, January 12, 1983). Source: Docket No. 1179, 27 FR 7973, Aug. 10, 1962, unless otherwise noted. Special Federal Aviation Regulations SFAR No. 58 Editorial Note: For the text of SFAR No. 58, see part 121 of this chapter. [Doc. No. 25804, 55 FR 40275, Oct. 2, 1990] ***************************************************************************** 55 FR 40262, No. 191, Oct. 2, 1990 SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes a voluntary, alternative method for the training, evaluation, certification, and qualification requirements of flight crewmembers, flight attendants, aircraft dispatchers, instructors, evaluators and other operations personnel subject to the training and qualification requirements of 14 CFR parts 121 and 135. The FAA has developed this alternative method in response to recommendations made by representatives from the government, airlines, aircrew professional organizations, and airline industry organizations. The SFAR is designed to improve aircrew performance and allows certificate holders that are subject to the training requirements of parts 121 and 135 to develop innovative training programs that incorporate the most recent advances in training methods and techniques. EFFECTIVE DATE: October 2, 1990. ***************************************************************************** SFAR No. 63--Relief for Participants in Operation Desert Shield/Storm Sections 1. Applicability. 2. Required documents. 3. Expiration date. 1. Applicability. Contrary provisions of part 65 notwithstanding, under the procedures prescribed herein, Flight Standards District Offices (FSDO) are authorized to accept an expired written test report to show eligibility to take a practical test required under this Part and/or renew an expired inspection authorization to show eligibility for renewal under Sec. 65.93, provided-- a. The person is a civilian or military person who served in support of Operation Desert Shield/Storm during the time period from August 2, 1990 to December 31, 1992; b. The person's airman written test report and/or inspection authorization expired within the time period from 60 days prior to assignment to 60 days after reassignment from support of Operation Desert Shield/Storm; and c. The person completes the required practical test within 6 calendar months following the date of reassignment from Operation Desert Shield/Storm or by December 31, 1992, whichever date is sooner. 2. Required documents. The FSDO and applicant shall include one of the following documents with the airman application, and the documents must show the dates of assignment to and reassignment from support of Operation Desert Shield/Storm: a. Official government documents showing the person was a civilian on official duty for the United States Government in support of Operation Desert Shield/Storm during the time period from August 2, 1990 to December 31, 1992; b. Military orders showing the person was a member of the uniformed services assigned to duty in support of Operation Desert Shield/Storm during the time period from August 2, 1990 to December 31, 1992; c. Military orders showing the person was an active member of the National Guard or Reserve called to active duty in support of Operation Desert Shield/ Storm during the time period from August 2, 1990 to December 31, 1992; or d. A letter from the unit commander providing inclusive dates during which the person served in support of Operation Desert Shield/Storm during the time period from August 2, 1990 to December 31, 1992. 3. Expiration date. This SFAR expires December 31, 1992, unless sooner superseded or rescinded. [56 FR 27163, June 12, 1991] ***************************************************************************** 56 FR 27160, No. 113, June 12, 1991 SUMMARY: The FAA is issuing this Special Federal Aviation Regulation (SFAR) to provide certain regulatory relief to civilian and military personnel who have been or are serving in an assignment in support of Operation Desert Shield/Storm during the time period from August 2, 1990 to December 31, 1992. This SFAR permits Flight Standards District Offices (FSDO) to accept expired flight instructor certificates, inspection authorizations, and/or airman written test reports for meeting certain eligibility requirements under the current rules. This action is necessary because the FAA has determined that these personnel may be unable to meet the regulatory time limits of their flight instructor certificate, inspection authorization, and/or airman written test report as a result of their assignment. This action is intended to alleviate potential hardships that result from the imposition of time requirements established in the regulations on flight instructor certificates, inspection authorizations, and/or airman written test reports. EFFECTIVE DATE: June 12, 1991. ***************************************************************************** Subpart A--General Sec. 65.1 Applicability. This part prescribes the requirements for issuing the following certificates and associated ratings and the general operating rules for the holders of those certificates and ratings: (a) Air-traffic control-tower operators. (b) Aircraft dispatchers. (c) Mechanics. (d) Repairmen. (e) Parachute riggers. Sec. 65.3 Certification of foreign airmen other than flight crewmembers. A person who is neither a U.S. citizen nor a resident alien is issued a certificate under Subpart D of this part, outside the United States, only when the Administrator finds that the certificate is needed for the operation or continued airworthiness of a U.S.-registered civil aircraft. [Doc. 65-28, FR 35693, Aug. 16, 1982] Sec. 65.11 Application and issue. (a) Application for a certificate and appropriate class rating, or for an additional rating, under this part must be made on a form and in a manner prescribed by the Administrator. Each person who is neither a U.S. citizen nor a resident alien and who applies for a written or practical test to be administered outside the United States or for any certificate or rating issued under this part must show evidence that the fee prescribed in Appendix A of Part 187 of this chapter has been paid. (b) An applicant who meets the requirements of this part is entitled to an appropriate certificate and rating. (c) Unless authorized by the Administrator, a person whose air traffic control tower operator, mechanic, or parachute rigger certificate is suspended may not apply for any rating to be added to that certificate during the period of suspension. (d) Unless the order of revocation provides otherwise-- (1) A person whose air traffic control tower operator, aircraft dispatcher, or parachute rigger certificate is revoked may not apply for the same kind of certificate for 1 year after the date of revocation; and (2) A person whose mechanic or repairman certificate is revoked may not apply for either of those kinds of certificates for 1 year after the date of revocation. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982] Sec. 65.12 Offenses involving alcohol or drugs. (a) A conviction for the violation of any Federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marihuana, or depressant or stimulant drugs or substances is grounds for-- (1) Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of final conviction; or (2) Suspension or revocation of any certificate or rating issued under this part. (b) The commission of an act prohibited by Sec. 91.19(a) of this chapter is grounds for-- (1) Denial of an application for a certificate or rating issued under this part for a period of up to 1 year after the date of that act; or (2) Suspension or revocation of any certificate or rating issued under this part. [Doc. No. 21956, Amdt. 65-29, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 65-34, 54 FR 34330, Aug. 18, 1989] Effective Date Note: At 54 FR 34330, August 18, 1989, Sec. 65.12 was amended by changing the cross reference "Sec. 91.12(a)" to read "Sec. 91.19(a)", effective August 18, 1990. Sec. 65.13 Temporary certificate. A certificate and ratings effective for a period of not more than 120 days may be issued to a qualified applicant, pending review of his application and supplementary documents and the issue of the certificate and ratings for which he applied. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-23, 43 FR 22640, May 25, 1978] Sec. 65.15 Duration of certificates. (a) Except for repairman certificates, a certificate or rating issued under this part is effective until it is surrendered, suspended, or revoked. (b) Unless it is sooner surrendered, suspended, or revoked, a repairman certificate is effective until the holder is relieved from the duties for which the holder was employed and certificated. (c) The holder of a certificate issued under this part that is suspended, revoked, or no longer effective shall return it to the Administrator. [Amdt. 65-28, 47 FR 35693, Aug. 16, 1982] Sec. 65.16 Change of name: Replacement of lost or destroyed certificate. (a) An application for a change of name on a certificate issued under this part must be accompanied by the applicant's current certificate and the marriage license, court order, or other document verifying the change. The documents are returned to the applicant after inspection. (b) An application for a replacement of a lost or destroyed certificate is made by letter to the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, Okla. 73125. The letter must-- (1) Contain the name in which the certificate was issued, the permanent mailing address (including zip code), social security number (if any), and date and place of birth of the certificate holder, and any available information regarding the grade, number, and date of issue of the certificate, and the ratings on it; and (2) Be accompanied by a check or money order for $2, payable to the Federal Aviation Administration. (c) An application for a replacement of a lost or destroyed medical certificate is made by letter to the Department of Transportation, Federal Aviation Administration, Civil Aeromedical Institute, Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, Okla. 73125, accompanied by a check or money order for $2.00. (d) A person whose certificate issued under this part or medical certificate, or both, has been lost may obtain a telegram from the FAA confirming that it was issued. The telegram may be carried as a certificate for a period not to exceed 60 days pending his receiving a duplicate certificate under paragraph (b) or (c) of this section, unless he has been notified that the certificate has been suspended or revoked. The request for such a telegram may be made by prepaid telegram, stating the date upon which a duplicate certificate was requested, or including the request for a duplicate and a money order for the necessary amount. The request for a telegraphic certificate should be sent to the office prescribed in paragraph (b) or (c) of this section, as appropriate. However, a request for both at the same time should be sent to the office prescribed in paragraph (b) of this section. [Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970; Amdt. 65-17, 36 FR 2865, Feb. 11, 1971] Sec. 65.17 Tests: General procedure. (a) Tests prescribed by or under this part are given at times and places, and by persons, designated by the Administrator. (b) The minimum passing grade for each test is 70 percent. Sec. 65.18 Written tests: Cheating or other unauthorized conduct. (a) Except as authorized by the Administrator, no person may-- (1) Copy, or intentionally remove, a written test under this part; (2) Give to another, or receive from another, any part or copy of that test; (3) Give help on that test to, or receive help on that test from, any person during the period that test is being given; (4) Take any part of that test in behalf of another person; (5) Use any material or aid during the period that test is being given; or (6) Intentionally cause, assist, or participate in any act prohibited by this paragraph. (b) No person who commits an act prohibited by paragraph (a) of this section is eligible for any airman or ground instructor certificate or rating under this chapter for a period of 1 year after the date of that act. In addition, the commission of that act is a basis for suspending or revoking any airman or ground instructor certificate or rating held by that person. [Amdt. 65-3, 30 FR 2196, Feb. 18, 1965] Sec. 65.19 Retesting after failure. An applicant for a written, oral, or practical test for a certificate and rating, or for an additional rating under this part, may apply for retesting-- (a) After 30 days after the date the applicant failed the test; or (b) Before the 30 days have expired if the applicant presents a signed statement from an airman holding the certificate and rating sought by the applicant, certifying that the airman has given the applicant additional instruction in each of the subjects failed and that the airman considers the applicant ready for retesting. [Amdt. 65-23, 43 FR 22640, May 25, 1978] Sec. 65.20 Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration. (a) No person may make or cause to be made-- (1) Any fraudulent or intentionally false statement on any application for a certificate or rating under this part; (2) Any fraudulent or intentionally false entry in any logbook, record, or report that is required to be kept, made, or used, to show compliance with any requirement for any certificate or rating under this part; (3) Any reproduction, for fraudulent purpose, of any certificate or rating under this part; or (4) Any alteration of any certificate or rating under this part. (b) The commission by any person of an act prohibited under paragraph (a) of this section is a basis for suspending or revoking any airman or ground instructor certificate or rating held by that person. [Amdt. 65-3, 30 FR 2196, Feb. 18, 1965] Sec. 65.21 Change of address. Within 30 days after any change in his permanent mailing address, the holder of a certificate issued under this part shall notify the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, Okla. 73125, in writing, of his new address. [Amdt. 65-16, 35 FR 14075, Sept. 4, 1970] Sec. 65.23 Refusal to submit to a drug or alcohol test. (a) General. This section applies to an employee who performs a function listed in appendix I or appendix J to part 121 of this chapter directly or by contract for a part 121 certificate holder, a part 135 certificate holder, an operator as defined in Sec. 135.1(c) of this chapter, or an air traffic control facility not operated by the FAA or the U.S. military. (b) Refusal by the holder of a certificate issued under this part to take a drug test required under the provisions of appendix I to part 121 or an alcohol test required under the provisions of appendix J to part 121 is grounds for-- (1) Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of such refusal; and (2) Suspension or revocation of any certificate or rating issued under this part. [Amdt. 65-37, 59 FR 7389, Feb. 15, 1994] ***************************************************************************** 59 FR 7380, No. 31, Feb. 15, 1994 SUMMARY: This final rule prescribes regulations establishing the aviation industry alcohol misuse prevention program. It includes requirements for an alcohol testing program for air carrier employees who perform safety- sensitive duties, in implementation of the FAA-related provisions of the Omnibus Transportation Employee Testing Act of 1991, which was enacted on October 28, 1991. Employees who perform safety-sensitive duties directly or by contract for aviation employers that hold a certificate issued under certain FAA regulations, operators as defined in the regulations, or air traffic control facilities not operated by the FAA or the U.S. military must be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This final rule requires alcohol testing of these employees, proscribes certain alcohol-related conduct, and establishes specified consequences for engaging in alcohol misuse. Employers must provide written materials to covered employees explaining the program and educating employees about the dangers of alcohol misuse. Employers must also submit reports to the FAA on the results of the program. This rule is intended to ensure that public safety is maintained by preventing alcohol misuse by safety-sensitive aviation employees. DATES: This rule is effective on March 17, 1994. ***************************************************************************** Subpart B--Air Traffic Control Tower Operators Source: Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, unless otherwise noted. Sec. 65.31 Required certificates, and rating or qualification. No person may act as an air traffic control tower operator at an air traffic control tower in connection with civil aircraft unless he-- (a) Holds an air traffic control tower operator certificate issued to him under this subpart; (b) Holds a facility rating for that control tower issued to him under this subpart, or has qualified for the operating position at which he acts and is under the supervision of the holder of a facility rating for that control tower; and For the purpose of this subpart, "operating position" means an air traffic control function performed within or directly associated with the control tower; (c) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy or the Coast Guard, holds at least a second-class medical certificate issued under Part 67 of this chapter. [Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987] Sec. 65.33 Eligibility requirements: General. To be eligible for an air traffic control tower operator certificate a person must-- (a) Be at least 18 years of age; (b) Be of good moral character; (c) Be able to read, write, and understand the English language and speak it without accent or impediment of speech that would interfere with two-way radio conversation; (d) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy or the Coast Guard, holds at least a second-class medical certificate issued under Part 67 of this chapter within the 12 months before the date application is made; and (e) Comply with Sec. 65.35. [Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987] Sec. 65.35 Knowledge requirements. Each applicant for an air traffic control tower operator certificate must pass a written test on-- (a) The flight rules in Part 91 of this chapter: (b) Airport traffic control procedures, and this subpart: (c) En route traffic control procedures; (d) Communications operating procedures; (e) Flight assistance service; (f) Air navigation, and aids to air navigation; and (g) Aviation weather. Sec. 65.37 Skill requirements: Operating positions. No person may act as an air traffic control tower operator at any operating position unless he has passed a practical test on-- (a) Control tower equipment and its use; (b) Weather reporting procedures and use of reports; (c) Notices to Airmen, and use of the Airman's Information Manual; (d) Use of operational forms; (e) Performance of noncontrol operational duties; and (f) Each of the following procedures that is applicable to that operating position and is required by the person examining him: (1) The airport, including rules, equipment, runways, taxiways, and obstructions. (2) The control zone, including terrain features, visual checkpoints, and obstructions. (3) Traffic patterns and associated procedures for use of preferential runways and noise abatement. (4) Operational agreements. (5) The center, alternate airports, and those airways, routes, reporting points, and air navigation aids used for terminal air traffic control. (6) Search and rescue procedures. (7) Terminal air traffic control procedures and phraseology. (8) Holding procedures, prescribed instrument approach, and departure procedures. (9) Radar alignment and technical operation. (10) The application of the prescribed radar and nonradar separation standard, as appropriate. Effective Date Note: Amdt. No. 65-36, 56 FR 65653, Dec. 17, 1991, revised the introductory text of paragraphs (f) and (f)(2) effective September 16, 1993 to read as follows: (f) Each of the following procedures that is applicable to that operating position and is required by the person performing the examination: * * * * * (2) The terrain features, visual checkpoints, and obstructions within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for the airport. ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1 is effective as of September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Sec. 65.39 Practical experience requirements: Facility rating. Each applicant for a facility rating at any air traffic control tower must have satisfactorily served-- (a) As an air traffic control tower operator at that control tower without a facility rating for at least 6 months; or (b) As an air traffic control tower operator with a facility rating at a different control tower for at least 6 months before the date he applies for the rating. However, an applicant who is a member of an Armed Force of the United States meets the requirements of this section if he has satisfactorily served as an air traffic control tower operator for at least 6 months. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-19, 36 FR 21280, Nov. 5, 1971] Sec. 65.41 Skill requirements: Facility ratings. Each applicant for a facility rating at an air traffic control tower must have passed a practical test on each item listed in Sec. 65.37 of this part that is applicable to each operating position at the control tower at which the rating is sought. Sec. 65.43 Rating privileges and exchange. (a) The holder of a senior rating on August 31, 1970, may at any time after that date exchange his rating for a facility rating at the same air traffic control tower. However, if he does not do so before August 31, 1971, he may not thereafter exercise the privileges of his senior rating at the control tower concerned until he makes the exchange. (b) The holder of a junior rating on August 31, 1970, may not control air traffic, at any operating position at the control tower concerned, until he has met the applicable requirements of Sec. 65.37 of this part. However, before meeting those requirements he may control air traffic under the supervision, where required, of an operator with a senior rating (or facility rating) in accordance with Sec. 65.41 of this part in effect before August 31, 1970. Sec. 65.45 Performance of duties. (a) An air traffic control tower operator shall perform his duties in accordance with the limitations on his certificate and the procedures and practices prescribed in air traffic control manuals of the FAA, to provide for the safe, orderly, and expeditious flow of air traffic. (b) An operator with a facility rating may control traffic at any operating position at the control tower at which he holds a facility rating. However, he may not issue an air traffic clearance for IFR flight without authorization from the appropriate facility exercising IFR control at that location. (c) An operator who does not hold a facility rating for a particular control tower may act at each operating position for which he has qualified, under the supervision of an operator holding a facility rating for that control tower. [Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16, 35 FR 14075, Sept. 4, 1970] Sec. 65.46 Use of prohibited drugs. (a) The following definitions apply for the purposes of this section: (1) An "employee" is a person who performs an air traffic control function for an employer. For the purpose of this section, a person who performs such a function pursuant to a contract with an employer is considered to be performing that function for the employer. (2) An "employer" means an air traffic control facility not operated by, or under contract with, the FAA or the U.S. military that employs a person to perform an air traffic control function. (b) Each employer shall provide each employee performing a function listed in Appendix I to Part 121 of this chapter and his or her supervisor with the training specified in that appendix. No employer may use any contractor to perform an air traffic control function unless that contractor provides each of its employees performing that function for the employer and his or her supervisor with the training specified in that appendix. (c) No employer may knowingly use any person to perform, nor may any person perform for an employer, either directly or by contract, any air traffic control function while that person has a prohibited drug, as defined in Appendix I to Part 121 of this chapter, in his or her system. (d) Except as provided in paragraph (e) of this section, no employer may knowingly use any person to perform, nor may any person perform for an employer, either directly or by contract, any air traffic control function if that person failed a test or refused to submit to a test required by Appendix I to Part 121 of this chapter given by a certificate holder, by an employer, or by an operator as defined in Sec. 135.1(c) of this chapter. (e) Paragraph (d) of this section does not apply to a person who has received a recommendation to be hired or to return to duty from a medical review officer in accordance with Appendix I to Part 121 of this chapter or who has received a special issuance medical certificate after evaluation by the Federal Air Surgeon for drug dependency in accordance with Part 67 of this chapter. (f) Each employer shall test each of its employees who performs any air traffic control function in accordance with Appendix I to Part 121 of this chapter. No employer may use any contractor to perform any air traffic control function unless that contractor tests each employee performing such a function for the employer in accordance with that appendix. [Doc. No. 25148, Amdt. 65-32, 53 FR 47056, Nov. 21, 1988] Sec. 65.46a Misuse of alcohol. (a) This section applies to employees who perform air traffic control duties directly or by contract for an employer that is an air traffic control facility not operated by the FAA or the U.S. military (covered employees). (b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. (c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions. (d) Pre-duty use. No covered employee shall perform air traffic control duties within 8 hours after using alcohol. No employer having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform air traffic control duties. (e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety- sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post- accident test under appendix J to part 121 of this chapter, or the employer has determined that the employee's performance could not have contributed to the accident. (f) Refusal to submit to a required alcohol test. No covered employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow- up alcohol test required under appendix J to part 121 of this chapter. No employer shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. [Amdt. 65-37, 59 FR 7389, Feb. 15, 1994] ***************************************************************************** 59 FR 7380, No. 31, Feb. 15, 1994 SUMMARY: This final rule prescribes regulations establishing the aviation industry alcohol misuse prevention program. It includes requirements for an alcohol testing program for air carrier employees who perform safety- sensitive duties, in implementation of the FAA-related provisions of the Omnibus Transportation Employee Testing Act of 1991, which was enacted on October 28, 1991. Employees who perform safety-sensitive duties directly or by contract for aviation employers that hold a certificate issued under certain FAA regulations, operators as defined in the regulations, or air traffic control facilities not operated by the FAA or the U.S. military must be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This final rule requires alcohol testing of these employees, proscribes certain alcohol-related conduct, and establishes specified consequences for engaging in alcohol misuse. Employers must provide written materials to covered employees explaining the program and educating employees about the dangers of alcohol misuse. Employers must also submit reports to the FAA on the results of the program. This rule is intended to ensure that public safety is maintained by preventing alcohol misuse by safety-sensitive aviation employees. DATES: This rule is effective on March 17, 1994. ***************************************************************************** Sec. 65.46b Testing for alcohol. (a) Each air traffic control facility not operated by the FAA or the U.S. military (hereinafter employer) must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to part 121 of this chapter. (b) No employer shall use any person who meets the definition of covered employee in appendix J to part 121 to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J. [Amdt. 65-37, 59 FR 7389, Feb. 15, 1994] ***************************************************************************** 59 FR 7380, No. 31, Feb. 15, 1994 SUMMARY: This final rule prescribes regulations establishing the aviation industry alcohol misuse prevention program. It includes requirements for an alcohol testing program for air carrier employees who perform safety- sensitive duties, in implementation of the FAA-related provisions of the Omnibus Transportation Employee Testing Act of 1991, which was enacted on October 28, 1991. Employees who perform safety-sensitive duties directly or by contract for aviation employers that hold a certificate issued under certain FAA regulations, operators as defined in the regulations, or air traffic control facilities not operated by the FAA or the U.S. military must be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This final rule requires alcohol testing of these employees, proscribes certain alcohol-related conduct, and establishes specified consequences for engaging in alcohol misuse. Employers must provide written materials to covered employees explaining the program and educating employees about the dangers of alcohol misuse. Employers must also submit reports to the FAA on the results of the program. This rule is intended to ensure that public safety is maintained by preventing alcohol misuse by safety-sensitive aviation employees. DATES: This rule is effective on March 17, 1994. ***************************************************************************** Sec. 65.47 Maximum hours. Except in an emergency, a certificated air traffic control tower operator must be relieved of all duties for at least 24 consecutive hours at least once during each 7 consecutive days. Such an operator may not serve or be required to serve-- (a) For more than 10 consecutive hours; or (b) For more than 10 hours during a period of 24 consecutive hours, unless he has had a rest period of at least 8 hours at or before the end of the 10 hours of duty. Sec. 65.49 General operating rules. (a) Except for a person employed by the FAA or employed by, or on active duty with, the Department of the Air Force, Army, or Navy, or the Coast Guard, no person may act as an air traffic control tower operator under a certificate issued to him or her under this part unless he or she has in his or her personal possession an appropriate current medical certificate issued under Part 67 of this chapter. (b) Each person holding an air traffic control tower operator certificate shall keep it readily available when performing duties in an air traffic control tower, and shall present that certificate or his medical certificate or both for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. (c) A certificated air traffic control tower operator who does not hold a facility rating for a particular control tower may not act at any operating position at the control tower concerned unless there is maintained at that control tower, readily available to persons named in paragraph (b) of this section, a current record of the operating positions at which he has qualified. (d) An air traffic control tower operator may not perform duties under his certificate during any period of known physical deficiency that would make him unable to meet the physical requirements for his current medical certificate. However, if the deficiency is temporary, he may perform duties that are not affected by it whenever another certificated and qualified operator is present and on duty. (e) A certificated air traffic control tower operator may not control air traffic with equipment that the Administrator has found to be inadequate. (f) The holder of an air traffic control tower operator certificate, or an applicant for one, shall, upon the reasonable request of the Administrator, cooperate fully in any test that is made of him. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-31, 52 FR 17519, May 8, 1987] Sec. 65.50 Currency requirements. The holder of an air traffic control tower operator certificate may not perform any duties under that certificate unless-- (a) He has served for at least three of the preceding 6 months as an air traffic control tower operator at the control tower to which his facility rating applies, or at the operating positions for which he has qualified; or (b) He has shown that he meets the requirements for his certificate and facility rating at the control tower concerned, or for operating at positions for which he has previously qualified. Subpart C--Aircraft Dispatchers Sec. 65.51 Certificate required. (a) No person may serve as an aircraft dispatcher (exercising responsibility with the pilot in command in the operational control of a flight) in connection with any civil aircraft in air commerce unless he has in his personal possession a current aircraft dispatcher certificate issued under this subpart. (b) Each person who holds an aircraft dispatcher certificate shall present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967] Sec. 65.53 Eligibility requirements: General. To be eligible for an aircraft dispatcher certificate, a person must-- (a) Be at least 23 years of age; (b) Be able to read, speak, and understand the English language, or have an appropriate limitation placed on his certificate; (c) Comply with Secs. 65.55, 65.57, and 65.59. Sec. 65.55 Knowledge requirements. (a) An applicant for an aircraft dispatcher certificate must pass a written test on-- (1) The regulations of this chapter that apply to the duties of an aircraft dispatcher; (2) The general system of collecting and disseminating weather information; (3) Interpreting aviation weather reports, including abbreviations and symbols, as prescribed in "National Weather Service Federal Meteorological Handbook No. 1," as amended; (4) The fundamentals of meteorology as applied to aircraft operations, particularly as to-- (i) Surface and upper air weather maps and general characteristics of air masses, pressure systems, and frontal systems, including their symbols and nomenclature; (ii) Cloud forms and their significance; and (iii) Icing, turbulence, thunderstorms, fog and low ceilings, winds aloft, pressure pattern flying, the influence of terrain on meteorological conditions, and general principles of forecasting and analysis; (5) Principles of aircraft navigation with particular respect to instrument operation and procedures; (6) Communications facilities and procedures; (7) Air navigation facilities and procedures; and (8) Air traffic control procedures. (b) A report of the test is sent to the applicant. A passing grade is evidence, for a period of 24 months after the date the test is given, that the applicant has complied with this section. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-18, 36 FR 13911, July 28, 1971] Sec. 65.57 Experience requirements. An applicant for an aircraft dispatcher certificate must present documentary evidence satisfactory to the Administrator that he has the experience prescribed in any one of the following paragraphs: (a) A total of at least 2 of the 3 years before the date he applies, in scheduled air carrier operations, scheduled military aviation operations, or any other aircraft operations that the Administrator finds provides equivalent experience-- (1) As a pilot member of a flight crew; (2) As a flight radio operator or ground radio operator; (3) As a flight navigator; (4) As a meteorologist; (5) Performing the duties of an aircraft dispatcher or his assistant; or (6) Performing other duties that the Administrator finds provide equivalent experience. (b) A total of at least 2 of the 3 years before the date he applies, as an air route traffic controller or a certificated air-traffic control-tower operator. (c) A total of at least 1 of the 2 years before the date he applies, as an assistant in dispatching scheduled air carrier aircraft performing the duties of an aircraft dispatcher under the direct supervision of a certificated dispatcher. (d) Within 90 days before the date he applies, successful completion of a course of instruction approved by the Administrator as adequate for the training of an aircraft dispatcher. An applicant is entitled to credit any combination of experience in paragraph (a), or paragraphs (a) and (b), of this section, if the aggregate of that experience is at least 2 years. Sec. 65.59 Skill requirements. An applicant for an aircraft dispatcher certificate must pass a practical test-- (a) With respect to any one type of large aircraft used in air carrier operations, on-- (1) Weight and balance limitations; (2) Performance operating limitations; (3) Using cruise control charts; (4) Fuel and oil capacities and rates of consumption; and (5) Using the operations manual; (b) On the characteristics of air routes and airports with particular reference to-- (1) Landing areas; (2) Lighting facilities; and (3) Approach and landing facilities and procedures; (c) On the use and limitations of sensitive-type altimeters; (d) On applying available weather forecasts and reports to determine whether a flight can be made safely; (e) On using the Airman's Guide and the Flight Information Manual; (f) On dispatching and assisting a flight under adverse weather conditions; and (g) On emergency procedures. Sec. 65.61 Aircraft dispatcher courses. An applicant for approval of an aircraft dispatcher course shall submit a letter to the Administrator requesting approval, and shall also submit three copies of the course outline, a description of his equipment and facilities and a list of the instructors and their qualifications. Requirements for the course and the outline are set forth in Appendix A to this part. Subpart D--Mechanics Sec. 65.71 Eligibility requirements: General. (a) To be eligible for a mechanic certificate and associated ratings, a person must-- (1) Be at least 18 years of age; (2) Be able to read, write, speak, and understand the English language, or in the case of an applicant who does not meet this requirement and who is employed outside of the United States by a U.S. air carrier, have his certificate endorsed "Valid only outside the United States"; (3) Have passed all of the prescribed tests within a period of 24 months; and (4) Comply with the sections of this subpart that apply to the rating he seeks. (b) A certificated mechanic who applies for an additional rating must meet the requirements of Sec. 65.77 and, within a period of 24 months, pass the tests prescribed by Secs. 65.75 and 65.79 for the additional rating sought. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-6, 31 FR 5950, Apr. 19, 1966] Sec. 65.73 Ratings. (a) The following ratings are issued under this subpart: (1) Airframe. (2) Powerplant. (b) A mechanic certificate with an aircraft or aircraft engine rating, or both, that was issued before, and was valid on, June 15, 1952, is equal to a mechanic certificate with an airframe or powerplant rating, or both, as the case may be, and may be exchanged for such a corresponding certificate and rating or ratings. Sec. 65.75 Knowledge requirements. (a) Each applicant for a mechanic certificate or rating must, after meeting the applicable experience requirements of Sec. 65.77, pass a written test covering the construction and maintenance of aircraft appropriate to the rating he seeks, the regulations in this subpart, and the applicable provisions of Parts 43 and 91 of this chapter. The basic principles covering the installation and maintenance of propellers are included in the powerplant test. (b) The applicant must pass each section of the test before applying for the oral and practical tests prescribed by Sec. 65.79. A report of the written test is sent to the applicant. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-1, 27 FR 10410, Oct. 25, 1962; Amdt. 65-6, 31 FR 5950, Apr. 19, 1966] Sec. 65.77 Experience requirements. Each applicant for a mechanic certificate or rating must present either an appropriate graduation certificate or certificate of completion from a certificated cated aviation maintenance technician school or documentary evidence, satisfactory to the Administrator, of-- (a) At least 18 months of practical experience with the procedures, practices, materials, tools, machine tools, and equipment generally used in constructing, maintaining, or altering airframes, or powerplants appropriate to the rating sought; or (b) At least 30 months of practical experience concurrently performing the duties appropriate to both the airframe and powerplant ratings. [Doc. No. 1179, 27 FR, 7973, Aug. 10, 1962, as amended by Amdt. 65-14, 35 FR, 5533, Apr. 3, 1970] Sec. 65.79 Skill requirements. Each applicant for a mechanic certificate or rating must pass an oral and a practical test on the rating he seeks. The tests cover the applicant's basic skill in performing practical projects on the subjects covered by the written test for that rating. An applicant for a powerplant rating must show his ability to make satisfactory minor repairs to, and minor alterations of, propellers. Sec. 65.80 Certificated aviation maintenance technician school students. Whenever an aviation maintenance technician school certificated under Part 147 of this chapter shows to an FAA inspector that any of its students has made satisfactory progress at the school and is prepared to take the oral and practical tests prescribed by Sec. 65.79, that student may take those tests during the final subjects of his training in the approved curriculum, before he meets the applicable experience requirements of Sec. 65.77 and before he passes each section of the written test prescribed by Sec. 65.75. [Amdt. 65-14, 35 FR, 5533, Apr. 3, 1970] Sec. 65.81 General privileges and limitations. (a) A certificated mechanic may perform or supervise the maintenance, preventive maintenance or alteration of an aircraft or appliance, or a part thereof, for which he is rated (but excluding major repairs to, and major alterations of, propellers, and any repair to, or alteration of, instruments), and may perform additional duties in accordance with Secs. 65.85, 65.87, and 65.95. However, he may not supervise the maintenance, preventive maintenance, or alteration of, or approve and return to service, any aircraft or appliance, or part thereof, for which he is rated unless he has satisfactorily performed the work concerned at an earlier date. If he has not so performed that work at an earlier date, he may show his ability to do it by performing it to the satisfaction of the Administrator or under the direct supervision of a certificated and appropriately rated mechanic, or a certificated repairman, who has had previous experience in the specific operation concerned. (b) A certificated mechanic may not exercise the privileges of his certificate and rating unless he understands the current instructions of the manufacturer, and the maintenance manuals, for the specific operation concerned. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 FR 5451, Apr. 23, 1964; Amdt. 65-26, 45 FR 46737, July 10, 1980] Sec. 65.83 Recent experience requirements. A certificated mechanic may not exercise the privileges of his certificate and rating unless, within the preceding 24 months-- (a) The Administrator has found that he is able to do that work; or (b) He has, for at least 6 months-- (1) Served as a mechanic under his certificate and rating; (2) Technically supervised other mechanics; (3) Supervised, in an executive capacity, the maintenance or alteration of aircraft; or (4) Been engaged in any combination of paragraph (b) (1), (2), or (3) of this section. Sec. 65.85 Airframe rating; additional privileges. A certificated mechanic with an airframe rating may approve and return to service an airframe, or any related part or appliance, after he has performed, supervised, or inspected its maintenance or alteration (excluding major repairs and major alterations). In addition, he may perform the 100- hour inspection required by Part 91 of this chapter on an airframe, or any related part or appliance, and approve and return it to service. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR 5770, Apr. 11, 1967] Sec. 65.87 Powerplant rating; additional privileges. A certificated mechanic with a powerplant rating may approve and return to service a powerplant or propeller or any related part or appliance, after he has performed, supervised, or inspected its maintenance or alteration (excluding major repairs and major alterations). In addition, he may perform the 100-hour inspection required by Part 91 of this chapter on a powerplant or propeller, or any part thereof, and approve and return it to service. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR 5770, Apr. 11, 1967] Sec. 65.89 Display of certificate. Each person who holds a mechanic certificate shall keep it within the immediate area where he normally exercises the privileges of the certificate and shall present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. [Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967] Sec. 65.91 Inspection authorization. (a) An application for an inspection authorization is made on a form and in a manner prescribed by the Administrator. (b) An applicant who meets the requirements of this section is entitled to an inspection authorization. (c) To be eligible for an inspection authorization, an applicant must-- (1) Hold a currently effective mechanic certificate with both an airframe rating and a powerplant rating, each of which is currently effective and has been in effect for a total of at least 3 years; (2) Have been actively engaged, for at least the 2-year period before the date he applies, in maintaining aircraft certificated and maintained in accordance with this chapter; (3) Have a fixed base of operations at which he may be located in person or by telephone during a normal working week but it need not be the place where he will exercise his inspection authority; (4) Have available to him the equipment, facilities, and inspection data necessary to properly inspect airframes, powerplants, propellers, or any related part or appliance; and (5) Pass a written test on his ability to inspect according to safety standards for returning aircraft to service after major repairs and major alterations and annual and progressive inspections performed under Part 43 of this chapter. An applicant who fails the test prescribed in paragraph (c)(5) of this section may not apply for retesting until at least 90 days after the date he failed the test. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-22, 42 FR 46279, Sept. 15, 1977; Amdt. 65-30, 50 FR 15700, Apr. 19, 1985] Sec. 65.92 Inspection authorization: Duration. (a) Each inspection authorization expires on March 31 of each year. However, the holder may exercise the privileges of that authorization only while he holds a currently effective mechanic certificate with both a currently effective airframe rating and a currently effective powerplant rating. (b) An inspection authorization ceases to be effective whenever any of the following occurs: (1) The authorization is surrendered, suspended, or revoked. (2) The holder no longer has a fixed base of operation. (3) The holder no longer has the equipment, facilities, and inspection data required by Sec. 65.91(c) (3) and (4) for issuance of his authorization. (c) The holder of an inspection authorization that is suspended or revoked shall, upon the Administrator's request, return it to the Administrator. [Doc. No. 12537, Amdt. 65-22, 42 FR 46279, Sept. 15, 1977] Sec. 65.93 Inspection authorization: Renewal. (a) To be eligible for renewal of an inspection authorization for a 1-year period an applicant must present evidence annually, during the month of March, at an FAA Flight Standards District Office, or an International Field Office that the applicant still meets the requirements of Sec. 65.91(c) (1) through (4) and must show that, during the current period that the applicant held the inspection authorization, the applicant-- (1) Has performed at least one annual inspection for each 90 days that the applicant held the current authority; or (2) Has performed inspections of at least two major repairs or major alterations for each 90 days that the applicant held the current authority; or (3) Has performed or supervised and approved at least one progressive inspection in accordance with standards prescribed by the Administrator; or (4) Has attended and successfully completed a refresher course, acceptable to the Administrator, of not less than 8 hours of instruction during the 12- month period preceding the application for renewal; or (5) Has passed on oral test by an FAA inspector to determine that the applicant's knowledge of applicable regulations and standards is current. (b) The holder of an inspection authorization that has been in effect for less than 90 days before the expiration date need not comply with paragraphs (a) (1) through (5) of this section. [Doc. No. 18241, Amdt. 65-26, 45 FR 46738, July 10, 1980as amended by Amdt. 65-35, 54 FR 39292, Sept. 25, 1989] Sec. 65.95 Inspection authorization: Privileges and limitations. (a) The holder of an inspection authorization may-- (1) Inspect and approve for return to service any aircraft or related part or appliance (except any aircraft maintained in accordance with a continuous airworthiness program under Part 121 or 127 of this chapter) after a major repair or major alteration to it in accordance with Part 43 [New] of this chapter, if the work was done in accordance with technical data approved by the Administrator; and (2) Perform an annual, or perform or supervise a progressive inspection according to Secs. 43.13 and 43.15 of this chapter. (b) When he exercises the privileges of an inspection authorization the holder shall keep it available for inspection by the aircraft owner, the mechanic submitting the aircraft, repair, or alteration for approval (if any), and shall present it upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. (c) If the holder of an inspection authorization changes his fixed base of operation, he may not exercise the privileges of the authorization until he has notified the FAA Flight Standards District Office or International Field Office for the area in which the new base is located, in writing, of the change. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 FR 5451, Apr. 23, 1964; Amdt. 65-4, 30 FR 3638, Mar. 14, 1965; Amdt. 65-5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967; Amdt. 65-35, 54 FR 39292, Sept. 25, 1989] Subpart E--Repairmen Sec. 65.101 Eligibility requirements: General. (a) To be eligible for a repairman certificate a person must-- (1) Be at least 18 years of age; (2) Be specially qualified to perform maintenance on aircraft or components thereof, appropriate to the job for which he is employed; (3) Be employed for a specific job requiring those special qualifications by a certificated repair station, or by a certificated commercial operator or certificated air carrier, that is required by its operating certificate or approved operations specifications to provide a continuous airworthiness maintenance program according to its maintenance manuals; (4) Be recommended for certification by his employer, to the satisfaction of the Administrator, as able to satisfactorily maintain aircraft or components, appropriate to the job for which he is employed; (5) Have either-- (i) At least 18 months of practical experience in the procedures, practices, inspection methods, materials, tools, machine tools, and equipment generally used in the maintenance duties of the specific job for which the person is to be employed and certificated; or (ii) Completed formal training that is acceptable to the Administrator and is specifically designed to qualify the applicant for the job on which the applicant is to be employed; and (6) Be able to read, write, speak, and understand the English language, or, in the case of an applicant who does not meet this requirement and who is employed outside the United States by a certificated repair station, a certificated U.S. commercial operator, or a certificated U.S. air carrier, described in paragraph (c) of this section, have his certificate endorsed "Valid only outside the United States." (b) This section does not apply to the issuance of repairman certificates (experimental aircraft builder) under Sec. 65.104. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-11, 32 FR 13506, Sept. 27, 1967; Amdt. 65-24, 44 FR 46781, Aug. 9, 1979; Amdt. 65-27, 47 FR 13316, Mar. 29, 1982] Sec. 65.103 Repairman certificate: Privileges and limitations. (a) A certificated repairman may perform or supervise the maintenance, preventive maintenance, or alteration of aircraft or aircraft components appropriate to the job for which the repairman was employed and certificated, but only in connection with duties for the certificate holder by whom the repairman was employed and recommended. (b) A certificated repairman may not perform or supervise duties under the repairman certificate unless the repairman understands the current instructions of the certificate holder by whom the repairman is employed and the manufacturer's instructions for continued airworthiness relating to the specific operations concerned. [Doc. No. 18241, Amdt. 65-26, 45 FR 46738, July 10, 1980] Sec. 65.104 Repairman certificate--experimental aircraft builder-- Eligibility, privileges and limitations. (a) To be eligible for a repairman certificate (experimental aircraft builder), an individual must-- (1) Be at least 18 years of age; (2) Be the primary builder of the aircraft to which the privileges of the certificate are applicable; (3) Show to the satisfaction of the Administrator that the individual has the requisite skill to determine whether the aircraft is in a condition for safe operations; and (4) Be a citizen of the United States or an individual citizen of a foreign country who has lawfully been admitted for permanent residence in the United States. (b) The holder of a repairman certificate (experimental aircraft builder) may perform condition inspections on the aircraft constructed by the holder in accordace with the operating limitations of that aircraft. (c) Section 65.103 does not apply to the holder of a repairman certificate (experimental aircraft builder) while performing under that certificate. [Amdt. 65-24, 44 FR 46781, Aug. 9, 1979] Sec. 65.105 Display of certificate. Each person who holds a repairman certificate shall keep it within the immediate area where he normally exercises the privileges of the certificate and shall present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. [Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967] Subpart F--Parachute Riggers Sec. 65.111 Certificate required. (a) No person may pack, maintain, or alter any personnel-carrying parachute intended for emergency use in connection with civil aircraft of the United States (including the auxiliary parachute of a dual parachute pack to be used for intentional jumping) unless he holds an appropriate current certificate and type rating issued under this subpart and complies with Secs. 65.127 through 65.133. (b) No person may pack, maintain, or alter any main parachute of a dual parachute pack to be used for intentional jumping in connection with civil aircraft of the United States unless he has an appropriate current certificate issued under this subpart. However, a person who does not hold such a certificate may pack the main parachute of a dual parachute pack that is to be used by him for intentional jumping. (c) Each person who holds a parachute rigger certificate shall present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer. (d) The following parachute rigger certificates are issued under this part: (1) Senior parachute rigger. (2) Master parachute rigger. (e) Sections 65.127 through 65.133 do not apply to parachutes packed, maintained, or altered for the use of the armed forces. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967] Sec. 65.113 Eligibility requirements: General. (a) To be eligible for a parachute rigger certificate, a person must-- (1) Be at least 18 years of age; (2) Be able to read, write, speak, and understand the English language, or, in the case of a citizen of Puerto Rico, or a person who is employed outside of the United States by a U.S. air carrier, and who does not meet this requirement, be issued a certificate that is valid only in Puerto Rico or while he is employed outside of the United States by that air carrier, as the case may be; and (3) Comply with the sections of this subpart that apply to the certificate and type rating he seeks. (b) Except for a master parachute rigger certificate, a parachute rigger certificate that was issued before, and was valid on, October 31, 1962, is equal to a senior parachute rigger certificate, and may be exchanged for such a corresponding certificate. Sec. 65.115 Senior parachute rigger certificate: Experience, knowledge, and skill requirements. Except as provided in Sec. 65.117, an applicant for a senior parachute rigger certificate must-- (a) Present evidence satisfactory to the Administrator that he has packed at least 20 parachutes of each type for which he seeks a rating, in accordance with the manufacturer's instructions and under the supervision of a certificated parachute rigger holding a rating for that type or a person holding an appropriate military rating; (b) Pass a written test, with respect to parachutes in common use, on-- (1) Their construction, packing, and maintenance; (2) The manufacturer's instructions; (3) The regulations of this subpart; and (c) Pass an oral and practical test showing his ability to pack and maintain at least one type of parachute in common use, appropriate to the type rating he seeks. [Doc. No. 10468, Amdt. 65-20, 37 FR 13251, July 6, 1972] Sec. 65.117 Military riggers or former military riggers: Special certification rule. In place of the procedure in Sec. 65.115, an applicant for a senior parachute rigger certificate is entitled to it if he passes a written test on the regulations of this subpart and presents satisfactory documentary evidence that he-- (a) Is a member or civilian employee of an Armed Force of the United States, is a civilian employee of a regular armed force of a foreign country, or has, within the 12 months before he applies, been honorably discharged or released from any status covered by this paragraph; (b) Is serving, or has served within the 12 months before he applies, as a parachute rigger for such an Armed Force; and (c) Has the experience required by Sec. 65.115(a). Sec. 65.119 Master parachute rigger certificate: Experience, knowledge, and skill requirements. An applicant for a master parachute rigger certificate must meet the following requirements: (a) Present evidence satisfactory to the Administrator that he has had at least 3 years of experience as a parachute rigger and has satisfactorily packed at least 100 parachutes of each of two types in common use, in accordance with the manufacturer's instructions-- (1) While a certificated and appropriately rated senior parachute rigger; or (2) While under the supervision of a certificated and appropriately rated parachute rigger or a person holding appropriate military ratings. An applicant may combine experience specified in paragraphs (a) (1) and (2) of this section to meet the requirements of this paragraph. (b) If the applicant is not the holder of a senior parachute rigger certificate, pass a written test, with respect to parachutes in common use, on-- (1) Their construction, packing, and maintenance; (2) The manufacturer's instructions; and (3) The regulations of this subpart. (c) Pass an oral and practical test showing his ability to pack and maintain two types of parachutes in common use, appropriate to the type ratings he seeks. [Doc. No. 10468, Amdt. 65-20, 37 FR 13252, July 6, 1972] Sec. 65.121 Type ratings. (a) The following type ratings are issued under this subpart: (1) Seat. (2) Back. (3) Chest. (4) Lap. (b) The holder of a senior parachute rigger certificate who qualifies for a master parachute rigger certificate is entitled to have placed on his master parachute rigger certificate the ratings that were on his senior parachute rigger certificate. Sec. 65.123 Additional type ratings: Requirements. A certificated parachute rigger who applies for an additional type rating must-- (a) Present evidence satisfactory to the Administrator that he has packed at least 20 parachutes of the type for which he seeks a rating, in accordance with the manufacturer's instructions and under the supervision of a certificated parachute rigger holding a rating for that type or a person holding an appropriate military rating; and (b) Pass a practical test, to the satisfaction of the Administrator, showing his ability to pack and maintain the type of parachute for which he seeks a rating. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR 13251, July 6, 1972] Sec. 65.125 Certificates: Privileges. (a) A certificated senior parachute rigger may-- (1) Pack or maintain (except for major repair) any type of parachute for which he is rated; and (2) Supervise other persons in packing any type of parachute for which he is rated. (b) A certificated master parachute rigger may-- (1) Pack, maintain, or alter any type of parachute for which he is rated; and (2) Supervise other persons in packing, maintaining, or altering any type of parachute for which he is rated. (c) A certificated parachute rigger need not comply with Secs. 65.127 through 65.133 (relating to facilities, equipment, performance standards, records, recent experience, and seal) in packing, maintaining, or altering (if authorized) the main parachute of a dual parachute pack to be used for intentional jumping. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR 13252, July 6, 1972] Sec. 65.127 Facilities and equipment. No certificated parachute rigger may exercise the privileges of his certificate unless he has at least the following facilities and equipment available to him: (a) A smooth top table at least three feet wide by 40 feet long. (b) Suitable housing that is adequately heated, lighted, and ventilated for drying and airing parachutes. (c) Enough packing tools and other equipment to pack and maintain the types of parachutes that he services. (d) Adequate housing facilities to perform his duties and to protect his tools and equipment. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-27, 47 FR 13316, Mar. 29, 1982] Sec. 65.129 Performance standards. No certificated parachute rigger may-- (a) Pack, maintain, or alter any parachute unless he is rated for that type; (b) Pack a parachute that is not safe for emergency use; (c) Pack a parachute that has not been thoroughly dried and aired; (d) Alter a parachute in a manner that is not specifically authorized by the Administrator or the manufacturer; (e) Pack, maintain, or alter a parachute in any manner that deviates from procedures approved by the Administrator or the manufacturer of the parachute; or (f) Exercise the privileges of his certificate and type rating unless he understands the current manufacturer's instructions for the operation involved and has-- (1) Performed duties under his certificate for at least 90 days within the preceding 12 months; or (2) Shown the Administrator that he is able to perform those duties. Sec. 65.131 Records. (a) Each certificated parachute rigger shall keep a record of the packing, maintenance, and alteration of parachutes performed or supervised by him. He shall keep in that record, with respect to each parachute worked on, a statement of-- (1) Its type and make; (2) Its serial number; (3) The name and address of its owner; (4) The kind and extent of the work performed; (5) The date when and place where the work was performed; and (6) The results of any drop tests made with it. (b) Each person who makes a record under paragraph (a) of this section shall keep it for at least 2 years after the date it is made. (c) Each certificated parachute rigger who packs a parachute shall write, on the parachute packing record attached to the parachute, the date and place of the packing and a notation of any defects he finds on inspection. He shall sign that record with his name and the number of his certificate. Sec. 65.133 Seal. Each certificated parachute rigger must have a seal with an identifying mark prescribed by the Administrator, and a seal press. After packing a parachute he shall seal the pack with his seal in accordance with the manufacturer's recommendation for that type of parachute. Appendix A to Part 65--Aircraft Dispatcher Courses (a) Training course outline. It is not mandatory that the training course outline have the subject headings arranged exactly as listed in the following example. Any arrangement of headings and subheadings will be satisfactory provided all the subjects listed in this section are included. Each general subject of the outline shall be broken down, in detail, showing the items to be covered. Additional subjects, especially those which are not closely associated with the training of aircraft dispatchers, may be listed so long as the hourly requirements devoted to the subjects are not included as a part of the basic minimum hours. (b) Format of the training outline and course requirements. The course outline submitted for approval must be in looseleaf form, must include a table of contents and minimum coverage of the course material, and must include the following: Classroom Subject hours Federal Aviation Regulations 15 Subpart C of part 65 of this chapter. Parts 25, 91, 103, and 121 of this chapter. Part 430 of the Regulations of the National Transportation Safety Board, "Rules Pertaining to Aircraft Accidents, Incidents, Overdue Aircraft, and Safety Investigation", on sale at the Government Printing Office Meteorology 75 Basic properties of the atmosphere: Composition. Density. Measurement. General circulation. Solar heating. Clouds: Formation. Condensation. Precipitation. Use of cloud knowledge in forecasting. Stability and instability. Air mass analysis: Classification. Flying conditions to be encountered. Use of air mass knowledge in forecasting. Analysis of fronts: Structure and characteristics. Cloud sequences in fronts. Establishing position of front by cloud types. Fronts in North America and seasonal variations Flying weather in fronts. Cyclones and anticyclones. Fog: Types. Cause and formation. Ice: Type. Cause and formation. Thunderstorms, hurricanes, tornados: Causes. Methods of forecasting. Structure and complexity of internal winds. Hail, its cause and formation. Turbulence: Determining the smooth level of flights. Cause. Interpreting weather data: Weather sequences and symbols. Weather map symbols. Drawing a weather map. Reading a weather map. Upper-level charts. Adiabatic charts. Winds-aloft charts. Instruments used to gather and record the weather Weather forecasting: Extrapolation. Movement of fronts and air masses. Isobars. Barometric tendency. Application of weather knowledge: Planning a flight. Navigation 30 Study of the earth as a planet (charts, maps, and projections): Mercator projections. Gnomonic projections. Lambert projections. Polyconic projections. Chart reading: Symbols, landmarks, etc. Dead reckoning: Magnetic variation, compass deviation terms, winds and vectors Correction angle. Findings wind drift-off course. Off course problems. Wind velocity by single and double drift. Interception problems. Radius of action--problems. Search problems. Computer use--problems. Radio navigation: Principles of the radio range, radio compass direction finder, marker beacons, ILS, CCA, radio altimeter, LORAN, and any other Navigation instruments: Altimeter, air-speed indicator, compass, drift and rate of climb indicator Aircraft 15 Weight and balance: Center of gravity. How determined. Center of gravity limits. Problem in loading. Engine specifications--Powerplant: Operating limits. Fuel consumption. Accessories. Operating manual. Airplane specifications: Operational equipment. Flight controls, landing gear hydraulic system, electrical system, loading characteristics, fuel capacity heating and ventilating system, and deicing equipment Performance: Effect of weight, wind, air density, and runway surfaces on take-off performance of aircraft Power setting and cockpit procedure. Types of cruise control. Communications 8 Radio-telephone rules and regulations. FCC rules and regulations. Company communications: Air to ground radio communications and procedures Point to point communications and procedures. Equipment air to ground and point to point. FAA communications: Air to ground radio communications and procedures Point to point communications and procedures. Equipment air to ground and point to point. Simulated instrument flight 10 Instrument familiarization. Bracketing. Orientation. Holding procedure. Let-down procedure. Missed-approach procedure. Air Traffic Control 30 Air route traffic control procedures and equipment. Airport traffic control procedures and equipment. Practical Dispatching 15 Preflight: Safety. Economic advantage. Crew. Notams. The course and distance. Horizontal and vertical extent of the weather. Winds. Forecast. Minimum safe altitude. The cruising altitude. Flight plan. The alternate plan. Clearances, company air traffic control. The fuel. The load. The departure time. In-flight: Position report. Altimeter settings. Weather reports. Changes in forecast. Changing instrument altitude. Changing from VFR to IFR. Additional clearances. Emergency procedures. Post-flight: Arrival report. Differences between the forecasted and actual weather encountered for subsequent flights (c) Facilities, equipment, and material. An applicant for authority to operate an approved aircraft dispatcher course of study must have the following facilities, equipment, and materials: (1) Facilities. Suitable classrooms, adequate to accommodate the largest number of students scheduled for attendance at any one time. Such classrooms shall be properly heated, lighted, and ventilated. (2) Equipment and materials. Suitable devices for the teaching of simulated instrument flight, navigation, and meteorology, acceptable textbooks, operations manuals, wall maps, charts, blackboards, and visual aids of a quantity which will provide for each student the theoretical and practical aspects of aircraft dispatching. (d) Instructors. (1) The number of instructors available for conducting the course of study shall be determined according to the needs and facilities of the applicant. However, the ratio of students per instructor may not exceed 25 students for one instructor. (2) At least one instructor who possesses a currently effective aircraft dispatcher certificate must be available for coordination of the training course instruction. (e) Revision of training course. Requests for revision of course outlines, facilities, and equipment shall be accomplished in the same manner established for securing approval of the original course of study. Revisions must be submitted in such form that an entire page or pages of the approved outline can be removed and replaced by the revision. The list of instructors may be revised at any time without request for approval, provided the minimum requirements are maintained and the local inspector is notified. (f) Credit for previous experience or training. A course operator may evaluate an entrant's previous experience or training and where the training or experience is provable and comparable to portions of the approved course curriculum, may, as each individual case warrants, allow credit for such, commensurate with accepted training practices. Where credit is allowed, the basis for allowance and the total hours credited must be incorporated as a part of the student's records, provided for in paragraph (g) of this Appendix. (g) Student records and reports. Approval of a course may not be continued in effect unless the course operator keeps an accurate record of each student, including a chronological log of all instructions, subjects covered, and course examinations and grades, and unless he prepares and transmits to the FAA not later than January 31 of each year, a report containing the following information: (1) The names of all students graduated, together with school grades for aircraft dispatcher courses. (2) The names of all students failed or dropped, together with school grades and reasons for dropping. (h) Quality of instruction. Approval of a course may not be continued in effect unless at least 80 percent of the students who apply within 90 days after graduation are able to qualify on the first attempt for certification as aircraft dispatchers. (i) Statement of graduation. Each student who successfully completes the approved aircraft dispatcher course shall be given a statement of graduation. (j) Change of ownership, name, or location--(1) Change of ownership. Approval of an aircraft dispatcher course may not be continued in effect after the course has changed ownership. The new owner must obtain a new approval by following the procedures prescribed for original approval. (2) Change in name. An approved course changed in name but not changed in ownership remains valid if the change is reported by the approved course operator to the local inspector who will issue a letter of approval under the new name. (3) Change in location. An approved course remains in effect even though the approved course operator changes location if the change is reported without delay by the operator to the local inspector who will inspect the facilities to be used in the new location and, if they are found to be adequate, issue a letter of approval showing the new location. (k) Cancellation of approval. (1) Failure to meet or maintain any of the standards set forth herein for the approval or operation of an approved aircraft dispatcher course is considered to be a sufficient reason for discontinuing approval of the course. (2) If an operator desires voluntary cancellation of his approved course, he shall send a letter requesting cancellation to the Administrator of the Federal Aviation Administration through the local inspector. (1) Duration. The authority to operate an approved aircraft dispatcher course of study expires 24 months after the last day of the month of issuance. (m) Renewal. Application for renewal of an approved aircraft dispatcher course shall be made by letter addressed to the Administrator of the Federal Aviation Administration through the local inspector at any time within 60 days of the expiration date. Renewal of approval will depend on the course operator's meeting the current conditions of course approval and having a satisfactory record as a course operator. [Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR 5770, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]