VOLUME 3 GENERAL TECHNICAL ADMINISTRATION
CHAPTER 2 EXEMPTIONS, DEVIATIONS, WAIVERS, AND AUTHORIZATIONS
Section 1 Exemptions, Deviations, Waivers, and Authorizations
3-26 GENERAL EXEMPTION GUIDANCE. An individual or entity may petition the Federal Aviation Administration (FAA)
for relief from the requirements of a current regulation. The granting of an exemption is generally viewed as an alternative method of complying with a regulatory
requirement. Exemptions are transmitted under Title 14 of the Code of Federal Regulations (14 CFR) part
A grant of exemption and its specific conditions and limitations is a regulatory requirement.
A. Use Outside the United States. In accordance with part
11.83, petitioners that desire to use an exemption
outside the United States must specifically request this condition when submitting the petition and must include the reason(s) why the petitioner desires to use
the exemption outside the United States. If no reason is provided in the petition, the FAA will limit the exemption for use within the United States. Before the
FAA grants an exemption for use outside the United States, it must verify that the exemption would be in compliance with the International Civil Aviation
Organization’s (ICAO) International Standards and Recommended Practices (ISARP). If it would not be in compliance, but the FAA still believes it would be in
the public interest to allow the petitioner to do so, the FAA will file a difference with ICAO. However, a foreign country may still not allow a person to operate
in that country without meeting the ICAO Standard.
B. Grants to Industry Associations. Some exemptions have been granted to an industry association (such as Airlines for America (A4A)),
instead of to an individual certificate holder or entity. Typically, an exemption is only granted to an industry association if relief and the specific conditions
and limitations are appropriate for all the certificate holders or entities that are members of the industry association. The FAA is amending these exemptions
so that each certificate holder or entity that is a member of the industry association to which relief is granted is listed in an attachment to the grant of exemption.
1) Changes in Industry Association Membership.
a) For any new or additional member of the industry association that is not listed in the attachment to the grant of exemption, either the member or
the industry association must petition the FAA for the new or additional member to be able to exercise the same relief. After analysis of each petition, if appropriate,
the FAA will grant the same relief to the new or additional member by amending the association’s grant of exemption to include the name of the
certificate holder or entity in the attachment.
b) Any member that terminates membership with an industry association must, as soon as possible after termination, petition the FAA separately
to continue exercising the same relief. After analysis of the petition, if appropriate, the FAA will amend the attachment to the association’s grant of exemption to
include the name of the certificate holder or entity as a nonmember.
2) Nonmembers. Any certificate holder or entity that is not a member of the industry association and is not listed in the attachment to a
grant of exemption must petition the FAA separately to be able to exercise the same relief. After analysis of each petition, if appropriate, the FAA will grant
the same relief to the nonmember by amending the association’s grant of exemption to include the name of the certificate holder or entity in the attachment.
3) Expiration Date. The exemption expiration date will not be changed when a certificate holder or entity is added to the attachment. The
current expiration date will apply to that certificate holder or entity. Additionally, each certificate holder or entity that is not a member of the industry association
must petition separately for extension of the exemption.
4) Principal Inspector (PI)/Training Center Program Manager (TCPM) Actions. When a certificate holder or entity requests use of a grant of
exemption that has been issued to an industry association, the appropriate PI/TCPM must verify if the certificate holder or entity is listed in the attachment
to the grant of exemption.
a) Certificate Holder or Entity Listed in the Attachment. If the certificate holder or entity is listed in the attachment, prior to approving use of the
exemption, the PI/TCPM must verify the certificate holder or entity has the necessary policies and procedures to comply with the conditions and limitations
stated in the exemption. The PI/TCPM approves use of the exemption by amending operations specification (OpSpec)/management specification (MSpec)/training
specification (TSpec)/Letter of Authorization (LOA) A005.
b) Certificate Holder or Entity Not Listed in the Attachment. If the certificate holder or entity is not listed in the attachment, the PI/TCPM must notify the
certificate holder or entity that they must petition the FAA separately to be able to exercise similar relief and should reference the existing association
exemption number in their petition. The PI/TCPM may not approve use of the exemption in OpSpec/MSpec/TSpec/LOA A005 if the certificate holder or entity is not listed
in the attachment to the grant of exemption.
NOTE: Exemptions are being amended to include the attachment when each specific exemption is extended. Until an exemption is amended to include the
attachment, a certificate holder or entity may continue to use that exemption if approved by the PI/TCPM in OpSpec/MSpec/TSpec/LOA A005. Once the exemption
has been amended to include the attachment, the PI/TCPM must follow the above procedures.
3-27 PETITIONS FOR EXEMPTION. Section
prescribes the procedures for filing a petition for exemption from an existing rule.
A. Who May Apply. An individual or entity may request relief from the requirements of a current regulation by submitting a petition for exemption
to the FAA.
B. Rules for Which Exemptions are Inappropriate. Normally, the FAA does not issue exemptions from rules for which deviation authority
is specifically provided.
C. Supporting Information. The FAA issues exemptions only upon a finding that such action will be in the public interest (i.e., how it would
benefit the public as a whole). In providing the required supporting information, the petitioner should give particular attention to the reason why granting the
request will be in the public interest.
3-28 CONTENT OF PETITION. Section
11.81 specifies the information that
must be included in the petition for exemption. Each petition for an exemption must contain the following:
• The petitioner’s name, mailing address, and other contact information;
• The specific section or sections of the regulation from which
exemption is sought;
• The nature and extent of the requested regulatory relief and reasons
for requesting the relief;
• The reasons why a grant of exemption would be in the public interest
and would benefit the public as a whole;
• The reason(s) why a grant of exemption would not adversely affect
public safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which the exemption is sought;
• A summary that can be published in the Federal Register (FR),
including the rule from which exemption is sought and a brief description of the exemption sought;
• Any additional information, views, or arguments to support the
action sought; and
• If the petitioner wishes to exercise the privileges of the exemption
outside the United States, the reason why the petitioner needs to do so.
3-29 PREPARATION AND SUBMISSION OF PETITION. Each petition should be submitted to the FAA at least 120 days before the proposed effective date
of the requested exemption. Section
11.63 specifies how and to whom paper or electronic submissions
may be submitted. Petitioners should give serious consideration to the items listed in §
11.81 before the petition is written to preclude frivolous
or ill-prepared petitions, which will be rejected. Petitions are frequently rejected because the petitioner failed to identify and explain the reasons why a grant of exemption
would be in the public interest. The petitioner’s interest is not necessarily considered to be in the public interest. A petitioner’s statement that a grant
of exemption would be in the public interest because it would reduce the petitioner’s operating costs is not an acceptable reason and will result in FAA rejection
of the petition. Each petition for exemption should be well conceived and in writing.
3-30 PROCESSING THE PETITION. During processing, it is imperative that FAA personnel with knowledge of the petition do not
discuss the FAA’s decision until the decision document has been signed.
A. Public Comment. A summary of each petition for exemption is normally published in the FR, and the public may submit comments to
the FAA-assigned public docket.
B. Decision. After the public comment period closes, the FAA action office considers all comments received and decides whether to accept
or deny the petition. The decision document is then prepared, coordinated, signed, and mailed to the petitioner.
C. Conditions and Limitations. A grant of exemption normally contains conditions and limitations applicable to the grantee and will include
an expiration date. Exemptions are normally valid for 2 years. However, some may be valid for only a few months. The timeframe to which an exemption applies
may vary based on the specific circumstances related to that exemption.
D. Extensions of Exemptions. If an extension of an exemption is desired, it is recommended that a grantee submit a petition for extension
at least 120 days before the exemption is set to expire.
3-31 DISTRIBUTION AND AVAILABILITY OF EXEMPTIONS. Each decision document is placed in the archives of the FAA computer system
located at the Aviation Data Branch (AFS-620), which may be accessed through the Automated Exemption System (AES), and is uploaded to the Federal Docket Management
System (FDMS). Access to this system is available at http://aes.faa.gov.
3-32 AMENDMENT OF OPSPEC/MSPEC/TSPEC/LOA. OpSpec/MSpec/TSpec/LOA A005 for a certificate holder or entity that is granted an exemption
must be amended to show that the certificate holder or entity is authorized to use the exemption in conducting operations.
3-34 PETITION FOR RECONSIDERATION. In accordance with §
11.101, a petitioner who is denied an exemption may
petition the FAA for reconsideration within 60 days after being notified of the denial of exemption. Additionally, the petitioner’s request for reconsideration
of its petition must be based on the existence of one or more of the following:
• That there is a significant additional fact relevant to the decision
that was not presented in the initial petition for exemption and the reason why it was not presented in the initial petition;
• That the FAA made an important factual error in the denial of
the original petition; or
• That the FAA did not correctly interpret a law, regulation, or
3-35 PROCESSING A PETITION FOR RECONSIDERATION. A summary of a petition for reconsideration of a grant or denial of exemption may be published
in the FR with a reasonable period for public comment. Regardless of publication in the FR, the FAA action office prepares and coordinates the decision document.
If a grant or partial grant of exemption is issued, the document is signed by the FAA official who has been delegated such authority and responsibility in
part 11. If a denial of petition
for reconsideration is prepared and coordinated, the FAA Administrator signs the decision document. Copies of the grant, partial grant, or denial of petition for
reconsideration are mailed to the petitioner and placed in archives and the FDMS as previously discussed. If the petitioner disagrees with the FAA Administrator’s decision,
the petitioner may institute legal action through the Federal Court.
3-36 DEVIATIONS, WAIVERS, AND AUTHORIZATIONS. Certain 14 CFR sections allow the Administrator to authorize a deviation through the issuance
of a Certificate of Waiver (CoW), Certificate of Authorization (CoA), or OpSpecs/MSpecs/TSpecs/LOAs. This authorization permits a person or entity to deviate from a specific
regulation or to comply with special alternative provisions, conditions, or limitations. This regulatory flexibility is only available to the Administrator when the
specific regulatory section stipulates that it is available. There are three options available, which are referred to as follows:
A. Deviation. When a regulatory section contains phrases such as “unless otherwise authorized by the Administrator,”
“the Administrator may,” “if the Administrator finds,” “the Administrator may authorize,” “the Administrator
allows a deviation,” “notwithstanding the Administrator may issue operations specifications,” or other similar wording, the regulatory flexibility
is referred to as a deviation.
B. Waiver. When the regulatory section contains phrases such as “the Administrator may issue a certificate of waiver,”
“in accordance with the terms of a certificate of waiver issued by the Administrator,” or other similar wording, the regulatory flexibility is referred to as a waiver.
C. Authorization. When the regulatory section contains words such as “in violation of the terms of an authorization issued under
this section,” “unless a certificate of authorization,” or other similar wording, the regulatory flexibility is referred to as an authorization.
NOTE: If the specific regulatory section does not stipulate that a deviation, waiver, or authorization may be granted or issued, compliance with the regulation
is mandatory. In these cases, the only method of obtaining relief from the regulation is through the exemption process.
3-37 WAIVERS AND AUTHORIZATIONS. When a regulatory section stipulates that a waiver or authorization is permitted, a person or entity may
apply for a CoW or a COA. FAA Form 7711-2, Application for Certificate of Waiver or Authorization, must be
prepared and signed by the applicant and delivered or mailed to the appropriate FAA regional Flight Standards division (RFSD) or Flight Standards District Office (FSDO) for
processing (see Figure 3-2, Application for Certificate of Waiver or Authorization, for an example of FAA
A. The Assigned Inspector. The application must be processed in a timely manner (e.g., within 45 days). The assigned inspector must review
the application, obtain appropriate additional information from the applicant, if necessary, and determine whether the applicant has provided adequate justification
for a waiver or authorization. The inspector must also determine whether the applicant will provide an equivalent level of public safety during the conduct
of any operation under a Certificate of Waiver or Authorization (CoW/A). If the application is denied, the reasons for denial must be specified in a letter
to the applicant. If the waiver or authorization is granted, the inspector must prepare FAA Form 7711-1, Certificate of Waiver or Authorization, for review by the authorizing
FAA manager or the manager’s designated representative (see Figure 3-3, Certificate of Waiver or Authorization). The completed CoW/A, dated and signed by the
responsible FAA manager, will be mailed or delivered to the applicant. A copy of the application for a CoW/A, both front and back, and a copy of the completed CoW/A must
be retained in the files of the issuing office.
B. CoW/A. A CoW/A must not be issued for any operation conducted under 14 CFR part
for a deviation from these parts must be requested and processed in accordance with paragraphs 3-38 through 3-40. A request for deviation or waiver from 14 CFR part
142 must be processed in accordance with
Volume 3, Chapter 54, Section 4.
C. Appropriate Offices to Issue Waivers. Not all regulations are able to be waived by the Flight Standards Service. Many 14 CFR regulations
belong to the Air Traffic Organization (ATO) and must be waived by them. Additionally, many 14 CFR regulations that can be waived by Flight Standards require coordination with
ATO prior to the waiver being issued. Flight Standards offices processing waivers should take extreme care to ensure that they are only issuing waivers they are
authorized to issue. Wording such as “Unless authorized or required by air traffic control (ATC)” or “after coordinating with ATC” are indicators
that ATO must issue the waiver or coordination with ATO is required prior to Flight Standards issuing the waiver. Additionally, if coordination with ATO is required, this
must be accomplished prior to the issuance of the CoW. A current list of regulation Offices of Primary Responsibility (OPR) can be found in the
Aviation Safety (AVS) Quality Management System Exemption Process Work Instructions (ARM 002-002-W1), dated January 14, 2016. This
document can be found at
https://my.faa.gov/content/dam/myfaa/org/linebusiness/avs/programs/qms/qms_homepages/arm/processes_workinstructions/Exem_002_W1.pdf. For information regarding the
appropriate OPR for an applicable 14 CFR part, refer to Appendix A, Assignment of Regulatory Responsibility.
Figure 3-2. Application
for Certificate of Waiver or Authorization
Figure 3-2. Application for
Certificate of Waiver or Authorization (Continued)
Figure 3-3. Certificate of Waiver or Authorization
3-38 DEVIATIONS. When a regulatory section stipulates that a deviation is permitted, a person or entity may apply for a deviation.
Deviations may be granted and issued to operators conducting operations under part
125 (including part
125 Letter of Deviation
Authority (A125 LODA) holders),
135; to program managers under part
91 subpart K (part
or to training centers under part
142 training centers must be authorized to use deviations by TSpecs. Approval,
denial, and reconsideration procedures for processing deviation requests must be the same as the procedures for processing, issuing, or amending OpSpecs/MSpecs/TSpecs.
District office recordkeeping requirements for each deviation are the same as OpSpec/MSpec/TSpec recordkeeping requirements.
3-39 DEVIATIONS FOR MILITARY CONTRACT OPERATIONS.
A. Title 49 of the United States Code (49 U.S.C.). Title 49 U.S.C. § 40118 (formerly § 1117 of the Federal Aviation
Act of 1958 (FA Act)) provides for the air transportation of government-financed passengers and property. Title 49 U.S.C. § 40118 also
permits the use of a foreign operator pursuant to the Bilateral Agreement (BA) with the State of the foreign air carrier.
1) Normally, the transportation of government-financed persons and property must be provided by air carrier certificate holders
authorized to operate under part
135. However, 14 CFR part
the Administrator to authorize deviations from the applicable requirements of part
135, when necessary,
so that operators may perform certain unique civil aircraft operations under a military contract. These requests for deviation (application to amend OpSpecs),
including the Department of Defense’s (DOD) (or delegated command’s) written certifications required by §
(2), must be submitted by
the operator to its CHDO for review and analysis. The CHDO will forward its recommendation for action on the deviation request to the manager of the
Air Transportation Division (AFS-200) or the Aircraft Maintenance Division (AFS-300), as appropriate. If the manager of AFS-200 or AFS-300 concurs with the
CHDO’s recommendation to grant a deviation from applicable regulations, the applicable division staff will provide suggested language to the Technical
Programs Branch (AFS-260) for the development of the OpSpecs to be issued to the operator by its CHDO.
2) A part
who has contract obligations to conduct civil aircraft operations under a large-scale DOD contingency plan, such as activation of the Civil Reserve Air Fleet (CRAF),
managed by Air Mobility Command (AMC), must arrange for AMC to submit an application for deviation (application to amend the OpSpecs) on its behalf. The operators’
requests for deviation must be submitted to the following address with an information copy to their respective CHDOs:
Department of Defense Commercial Airlift Division
402 Scott Drive, Unit 3A1
Scott AFB, IL 62225-5302
3) If AMC elects to request such relief on behalf of its contract carriers, it will submit an application in accordance with §
119.55, on behalf of all affected operators, directly
to the AFS-200 manager. If applicable, AFS-200 will provide a copy of the application to AFS-300 for appropriate action. If the manager of AFS-200 or AFS-300
concurs with AMC’s recommendation for deviation(s) from applicable regulations on behalf of its contract carriers, the applicable division staff will provide
suggested language to AFS-260 for the development of the OpSpec(s) to be issued to each operator by its CHDO.
NOTE: Article 3 of the Chicago Convention provides that it only applies to civil aircraft operations, and not to state aircraft
operations. An aircraft that qualifies as a public aircraft when operating within the territory of the United States does not necessarily qualify as a state aircraft
when operating outside the United States. Designation as a state aircraft requires action by the U.S. Department of State (DOS). Therefore, operations as a public
aircraft for the U.S. military may only be conducted within the territory of the United States. For international operations, the DOD may, in its sole discretion,
arrange with the DOS for certain operations to be designated as state aircraft operations. Such a designation requires the DOS to obtain diplomatic clearances
from the various foreign countries where the operations will occur and issue special regulations for the conduct of those operations internationally. In most situations,
the DOD will consider seeking a designation as a state aircraft for one of its contract operations to be neither practical nor desirable.
B. Amendment of OpSpecs. If the application for deviation is approved, AFS-260 will provide an OpSpec authorizing the deviation
to the applicant’s CHDO. The CHDO must issue the amended OpSpec to the operator. The amendment must contain an expiration date consistent with the duration of the
specific military operation. The operator must be advised, however, that the Administrator may, at any time, terminate the grant of deviation authority covered by the
3-40 DEVIATION TO PERFORM AN EMERGENCY OPERATION.
A. Emergency Operations. Section
specifies requirements for obtaining deviation authority to perform an emergency operation. The term “emergency operation” means an immediate but temporary action to prevent
or reduce the loss of life or property when an unanticipated threat to life or property occurs. Operations under a long-term contract to provide certain types of protection
(such as rescue, firefighting, or security) to the public cannot be classified as an unanticipated, temporary action. An “emergency operation” under §
is not related to the pilot-in-command (PIC) responsibility and authority (emergency authority) provided in part
B. Emergency Verbal Amendment of OpSpecs in Accordance with §
119.57(b)(2)(i). The nature of an emergency
dictates whether a verbal amendment to a certificate holder’s OpSpecs is justified. An amendment to the OpSpecs may include updating an existing OpSpec or issuing
a time-limited, temporary OpSpec to address the emergency. The manager of the CHDO (including certificate management offices (CMO) and FSDOs) is responsible
for determining whether a particular situation constitutes an emergency and whether an emergency is significant enough to warrant an emergency amendment
to a certificate holder’s OpSpecs. If warranted, the CHDO must obtain approval from AFS-200 to issue the emergency amendment.
1) Obtaining Approval from AFS-200 to Issue the Emergency Amendment. The CHDO manager will contact AFS-200 through the RFSD manager to
obtain authorization to issue the emergency amendment. If the RFSD is not available and time does not permit delay, the CHDO will contact AFS-200 directly. If the emergency occurs
after normal business hours and AFS-200 is not accessible through normal channels, the CHDO will contact the Washington Operations Center
Complex (WOCC) (AEO-100) directly by calling 202-267-3333, stating the nature of the emergency and asking to be put in contact with the AFS-200 division
manager. If the AFS-200 division manager (or his or her delegate) determines the level of emergency warrants an emergency amendment to OpSpec, he or she
will provide verbal authorization (under the Administrator’s authority) to the CHDO to issue the amendment. The AFS-200 division manager will ensure that all
necessary agency coordination occurs in conjunction with the emergency. In the highly unlikely event that the CHDO is unable to communicate with AFS-200 through
the WOCC or by any other means, and a threat to life or loss of property is imminent, the CHDO may issue an emergency amendment to the certificate holder’s
OpSpec verbally, without obtaining prior approval from AFS-200, provided the authorization is justifiable, applicable only to a specific emergency operation,
and for a very limited period of time. In such rare cases, the CHDO must make positive contact with AFS-200 as soon as possible after issuing the emergency
2) If a Certificate Holder Contacts AFS-200 Directly. AFS-200 will coordinate with the CHDO as soon as practicable if a certificate holder
contacts AFS-200 directly requesting an emergency verbal OpSpec amendment.
3) Issuing the Emergency Amendment in the Web-Based Operations Safety System (WebOPSS). The CHDO will follow up an emergency verbal OpSpec
amendment by entering that amendment electronically into WebOPSS. The certificate holder’s PI will enter the emergency amendment into the appropriate OpSpec template
(based on the nature of the emergency). The effective date of the amended OpSpec should match the date the emergency verbal amendment was issued. PIs will enter the
title of the AFS-200 point of contact (POC) that authorized the emergency verbal amendment, along with the date the CHDO received the authorization, into the
nonstandard/optional text field (Text 99). If the PI is unable to determine which OpSpec template to enter the information into, he or she will contact
AFS-260 for further advice.
4) Certificate Holder Notification to the FAA. In accordance with the requirements of
§ 119.57(b)(2)(ii), certificate
holders must provide documentation describing the nature of the emergency to the CHDO within 24 hours after completing the operation.
3-41 ADMISSION TO THE FLIGHT DECKGENERAL. The general purpose of part
121.547 is to set forth who may be admitted to the
flight deck of any aircraft used in part
121 operations. Section
(b) apply to all part
121 operators and
are admission to the flight deck requirements. Section
121.583 allows all-cargo operators to carry certain
persons without complying with the passenger requirements in §
121.547(c). These persons must fit into at least one
of the categories specified in §
and are not authorized access to the flight deck. In addition, to carry these persons, a flight deck door must be installed on the all-cargo aircraft according
to FAA legal interpretations dated July 17, 2001, and April 2, 2002. (See paragraph 3-44 for more information.) Due to the events of September 11, 2001, the prevalent
decision-making philosophy regarding flight deck access is one of a restrictive nature. The FAA must be judicious when determining which persons qualify for flight deck
access. Individuals seeking access to the flight deck must also meet certain physical, cognitive, and language capabilities (see paragraph 3-42).
A. Authorized Access. Under §121.547,
those who may access the flight deck include:
1) A crewmember.
2) An FAA aviation safety inspector (ASI) (in possession of FAA Form 110A, Aviation Safety Inspector’s Credentials, issued to them in accordance
with the current edition of FAA Order 8000.38, Aviation Safety Inspector Credentials Program).
3) An authorized representative of the National Transportation Safety Board (NTSB).
4) A DOD Commercial Air Carrier Evaluator (must be issued a Survey and Analysis (S&A) Form 110B,
DOD Commercial Air Carrier Evaluator’s Credential).
5) Those individuals who are authorized by all of the following:
a) The PIC. The PIC must follow the approved company processes and procedures described in the manual required by §
NOTE: Sections91.3 and
121.547(a)(4) provide the
PIC with final authority regarding the operation of the aircraft and, as such, may exclude any person from the flight deck in the interest of safety.
b) An appropriate management official of the part
holder. The management official must follow the approved company processes and procedures described in the manual required by
c) The FAA Administrator. The Administrator may delegate this authority to AFS-200 or to the Principal Operations Inspectors (POI) as specified
in Table 3-0, Compliance Table: Admission to Flight Deck. The Administrator approves access to the flight deck by either:
1. Issuing FAA Form 8430-6, Admission to Flight Deck (see paragraph 3-45).
2. Reviewing the air carrier(s)’s manuals (to determine that the air carrier(s)’s
procedures are not contrary to §
121.547) and, for air carriers
desiring to admit eligible employees of other part
119 certificate holders,
issuing OpSpec A048, subject to its requirements (see
Volume 3, Chapter 18, Section 3, OpSpec A048).
B. Assessing Unauthorized Personnel. See Table 3-0 and paragraph 3-44 for additional guidance in assessing whether an
individual is authorized access to the flight deck. Table 3-0 also contains guidance regarding §
121.547(c) (seat availability requirements
in the passenger compartment).
C. Further Restrictions. Table 3-0 summarizes §
121.547 and the discussions concerning
flight deck access issues discussed in paragraphs 3-41 through 3-48. Transportation Security Administration (TSA) Security Directives (SD) may further
restrict access to the flight deck. Included in the table are examples of personnel who may be authorized for flight deck access. The table applies
to both passenger and cargo operations, but does not address personnel specifically authorized in §
121.583, because the section does not address flight deck access.
Table 3-0. Compliance Table: Admission to Flight Deck
NOTE: TSA SDs may further restrict access to the flight deck.
Crewmembers assigned duties on that flight (flightcrew member, check airman, cabin crewmember).
NOTE: This does not include deadheading or off-duty flightcrew personnel.
Certificate holder’s verification process and procedures in accordance with the manuals required by §
1) FAA ASI
NOTE: Paragraph (a)(2) does not limit the emergency authority of the PIC to exclude
any person from the flight deck in the interest of safety.
1) Safety-related duties as required by 14 CFR who is checking or observing flight operations.
1) ID (FAA Form 110A); ASI also provides FAA Form 8430-13 to air carrier personnel for en route inspections.
2) NTSB Investigator
2) Performing official duties.
2) NTSB ID Card (NTSB Form 1660.2) and NTSB Form 7000-5.
3) DOD Commercial Air Carrier Evaluator
3) Checking or observing flight operations.
3) S&A Form 110B. NOTE: DOD personnel without a Form 110B must be issued
FAA Form 8430-6 by AFS-200 and must have a seat available in the passenger compartment.
An employee of the United States
Must have the permission of all 3:
b) An appropriate management official of the part
121 certificate holder.
c) The Administrator.
a) PIC must follow company policies and procedures in accordance with
b) Management official must follow company policies and procedures in accordance with the manual required by
c) The Administrator may delegate this authority to AFS-200 or to the POI.
Federal Air Marshall (FAM)
49 CFR § 1544.237
When operationally airborne and threat requirements dictate the need for access to the flight deck.
ID issued by Department of Homeland Security (DHS).
U.S. Air Traffic Controller
When authorized by the Administrator to observe ATC procedures.
Evaluation staff, FAA Forms 7010-2 and 7000-1.
FAA Form 3120-28 in accordance with Air Traffic Procedures.
An employee of a
certificate holder whose duties are such that admission to the flight deck is necessary or advantageous for safe operations
Individuals employed by the certificate holder conducting the flight and eligible under this section include:
a) Non-operating pilots.
b) Other personnel authorized by 14 CFR to observe flight operations.
c) Persons whose duty is directly related to the conduct or planning of flight operations
or in-flight monitoring of aircraft equipment oroperating procedures, if their presence on the flight deck is necessary to perform their duties and have been authorized in
writing by a responsible supervisor listed in the operator’s manual as having that authority (e.g., certificated dispatchers, flight followers, simulator instructors,
on-duty mechanics, and, for all-cargo operations, animal handler(s), hazardous material handler(s), those responsible for cargo security, cargo handler(s) necessary for the
loading and unloading, or testing/evaluating, of cargo/cargo containers or loading equipment).
Certificate holder’s verification process and procedures in accordance with the manual required by §
NOTE: Employees of traffic, sales, and other air carrier departments not directly
related to flight operations cannot be considered eligible unless authorized under §
d) Individuals employed by another part
121 certificate holder
whose duties with that part
121 certificate holder
require an airman certificate and who is authorized by the part
121 certificate holder
operating the aircraft to make specific trips over a route.
Certificate holder’s verification process and procedures in accordance with the manual required by §
121.133 and OpSpec A048 (see
Volume 3, Chapter 18, Section 3).
An employee of an aeronautical enterprise certificated by the Administrator
and whose duties are such that admission to the flight deck is necessary or advantageous for safe operations.
A technical representative of the manufacturer of the aircraft or its components whose duties are directly
related to the in-flight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessary to perform his duties, and he has
been authorized in writing by the Administrator and by a responsible supervisor of the operations department of the part
119 certificate holder,
listed in the Operations Manual as having that authority.
The phrase “necessary or advantageous for safe operation” must be strictly
and narrowly interpreted. Examples that meet the intent of the rule might include:
Certificate holder’s verification
process and procedures in accordance with the manual required by §
121.133 or FAA Form 8430-6 issued by POI.
NOTE: This does not include clerical, administrative, or management employees
who are not directly involved with the safe operation of the aircraft.
a) Repair station (part
individuals whose dutiesare directly related to the in-flight monitoring of aircraft equipment.
a) Certificate holder’s verification process and procedures in accordance with the manual required by §
121.133 or FAA Form 8430-6 issued by the POI.
An employee of an aeronautical enterprise certificated by the Administrator and whose duties are such that
admission to the flight deck is necessary or advantageous for safe operations
142 training center instructors as required by §
b) Certificate holder’s verification
process and procedures in accordance with the manuals required by §
121.133 or FAA Form 8430-6 issued by the POI.
c) The holder of a production certificate (part
21) or type certificate:
test pilots, flight test engineers, technical representatives when assigned responsibilities for monitoring equipment or evaluating procedures.
c) Certificate holder’s verification process and procedures in accordance with
the manual required by §
121.133 or FAA Form 8430-6 issued by the POI.
Secret Service Agent
Assigned the duty of protecting a person aboard an aircraft.
U.S. Secret Service.
Any person who has the permission of the PIC, and an appropriate management official of the part
121 certificate holder
and the Administrator
Any person who, in the judgment of the Administrator, has an operational need
for a particular flight. This provision will be strictly and narrowly interpreted.
AFS-200 issues FAA Form 8430-6 unless otherwise delegated to the POI.
3-42 ADMISSION TO THE FLIGHT DECKPHYSICAL, COGNITIVE, AND LANGUAGE CAPABILITIES.
A. General Guidance. POIs and AFS-200 personnel must use the policies and guidance information listed below to determine the physical, cognitive,
and language capabilities of any person requesting authorization to occupy an observer’s seat on the flight deck before issuing FAA Form 8430-6. In addition,
POIs should encourage their assigned certificate holders to incorporate these policies and guidance information into their manuals for use by their personnel.
Any FAA personnel occupying any observer’s seat on the flight deck will comply with the minimum physical, cognitive, and language capabilities in subparagraph 3-42B.
B. Minimum Physical, Cognitive, and Language Capabilities. Any person who occupies any observer’s seat on the flight deck must:
1) Possess sufficient physical mobility, strength, and dexterity in both arms, hands, legs, and feet to reach upward, sideways, and downward
to the location of any emergency exits, exit slide operating mechanisms, emergency exit devices (e.g., descent reel, tape, or rope), and observer’s seat operating mechanisms.
2) Be able, without assistance, to physically grasp, push, pull, turn, or otherwise expeditiously manipulate any emergency exit, exit slide operating
mechanisms, emergency exit devices (e.g., descent reel, tape, or rope), and observer’s seat operating mechanisms.
3) Be able, without assistance, to physically push, shove, pull, or otherwise expeditiously open or provide access to any emergency exit.
4) Be able to physically reach all emergency exits expeditiously without the assistance of any person and appliance, such as crutches, a wheelchair, or a cane.
5) Be able to physically don and use the observer’s seat oxygen mask, life preserver, smoke goggles, and appropriate Protective Breathing Equipment
(PBE) without assistance from any crewmember.
NOTE: The intended user of the equipment listed in subparagraph 3-42B5) must personally ensure that a good fit and seal can be achieved using the equipment
that is provided by the aircraft operator. An individual’s facial hair (e.g., beard or mustache) may affect the efficiency and performance of a mask. The lack of a seal between
the mask and skin will result in a reduced amount of oxygen in the mask and the entry of smoke or toxic fumes that could result in an individual’s reduced capability, awareness,
and performance, potentially causing a distraction to the flightcrew during an emergency. Individuals with facial hair that will affect the efficiency and performance of a mask should
not occupy a seat on the flight deck. If an air carrier’s policy results in a bearded ASI being denied access to the flight deck jump seat, the ASI will comply with that policy.
Subject to a review by FAA management, the Compliance Action Decision Process (CADP) or other investigative procedures, based solely on a bearded ASI being denied access to the flight
deck jump seat, must not be initiated.
6) Be able to physically operate the seatbelt and shoulder harness mechanisms and assemblies located at the observer’s seat without assistance
from any crewmember.
7) Possess sufficient visual capacity to perform the specified physical capabilities with regard to emergency exits, operating mechanisms,
and emergency equipment without the assistance of visual aids beyond contact lenses or eyeglasses.
8) Possess sufficient aural capacity to hear and understand instructions by crewmembers without assistance beyond a hearing aid.
9) Possess the ability to impart adequate information orally to crewmembers.
10) Possess the ability to read and understand instructions related to emergency evacuation procedures and equipment provided by the appropriate
certificate holder in text or graphic form.
11) Possess the ability to hear and understand oral crewmember commands or instructions.
3-43 ADMISSION TO THE FLIGHT DECKFOREIGN PILOT AUTHORIZATION. Certificated airmen who are employed by foreign air carriers and U.S. citizens
who pilot aircraft for foreign air carriers, whether or not they are under contract with U.S. air carriers, may not have access to the flight deck unless they:
• Are specifically authorized by the certificate holder’s management;
• Are issued FAA Form 8430-6 by AFS-200 (unless AFS-200 delegates
the authority to the POI); and
• Are given permission by the PIC.
3-44 ADMISSION TO FLIGHT DECKALL-CARGO-CARRYING OPERATIONS.
A. General Guidance.
1) Special Federal Aviation Regulation (SFAR) 92-5 required certain transport all-cargo airplanes to modify the flight deck door to delay or deter
unauthorized entry to the flight deck compartment. These doors were referred to as Phase I doors. This rule authorized variances from existing design standards
for the doors and allowed for approval for return to service of modified airplanes without prior approved data. This rule expired on October 1, 2003.
121.313(j)(2) mandates that all cargo airplanes that had a flight deck door
installed on or after January 15, 2002, must meet the requirements of 14 CFR part
25.795 by October 1, 2003, or the operator must
implement a security program approved by the TSA for the operation of all airplanes in that operator’s fleet.
25.795 specifies the necessary structural strength and integrity
of flight deck doors. Flight deck doors meeting this regulation standard are referred to as Phase II doors. For purposes of this policy, any door not meeting §
25.795 requirements, or airplanes with no door installed, are considered
non-Phase II doors.
4) A certificate holder that operates only airplanes with Phase II doors is not required to have a specifically approved security program under §
121.313(j)(2). However, for those airplanes affected by
§ 121.313(j)(2) without an approved security program,
if the Phase II door’s primary and secondary locking system should become inoperative, no persons can be carried, other than flightcrew and those personnel outlined in
subparagraphs 3-44A5)a) and b).
5) All certificate holders who operate any airplane with a non-Phase II door may continue to carry those personnel specified in subparagraphs 3-44A5)a)
and b). These persons should be listed in the manual required by §
a) Those persons necessary for the safety of flight: animal handler(s), hazardous material (hazmat) handler(s), and those responsible for cargo security
(valuable, confidential, fragile, and perishable). These persons must have their employer-issued photo ID.
b) Cargo handler(s) necessary for the loading and unloading, or testing/evaluating, of cargo/cargo containers or loading equipment. These individuals must have
their employer-issued photo ID.
B. Verification. The persons identified in subparagraph 3-44A are subject to the certificate holder’s flight deck access verification procedures.
In summary, persons aboard an all-cargo carrying aircraft will qualify under §
121.547 (access to the flight deck) or §
121.583 (access to other than flight deck).
3-45 USE OF FAA FORM 8430-6.
A. Personnel Authorized. Individuals authorized issuance of an FAA Form 8430-6. (See Table 3-0.)
1) FAA Personnel. Requests for admission to an air carrier flight deck by FAA (non-Flight Standards personnel) or FAA‑associated personnel
under the provisions of §
121.547(a)(4) should be submitted through the CHDO and
Regional Office (RO) to AFS-200 for approval.
2) Other Than FAA Personnel. Section
121.547(a)(3)(ii)(A) governs requests by individuals other
than FAA personnel (or FAA-associated personnel) for admission to the flight deck and should be submitted to the operator concerned. The operator, in turn, must forward the
request to the appropriate CHDO. The CHDO, upon receipt of a request, should examine it to determine if such authorization is warranted. When issuing FAA Form 8430-6, the POI
or their designated representatives must determine that all required information is complete and that the request is appropriately justified.
3) DOD Personnel. Section
(c)(1) allow DOD Commercial Air Carrier Evaluators who
have a DOD S&A Form 110B access to the flight deck without a seat available in the passenger compartment. All other DOD personnel must be issued an FAA Form 8430-6 through AFS-200
and must have a seat available in the passenger compartment.
B. Restrictions. Authorization for admission to the flight deck and the issuance of FAA Form 8430-6 must be restricted to key officials of airlines
and FAA personnel or FAA-associated personnel. Any deviations from this guidance will require approval by AFS-200 before issuance. Except for those categories
of persons described above, FAA Form 8430-6 is not to be issued unless the request is received from the carrier or operator and includes a justification for that
person’s presence on the flight deck. FAA Form 8430-6 must be limited to a specific flight or series of flights or a period of time not to exceed 6 months, unless
otherwise authorized by AFS‑200. Coordination directly with AFS-200 is authorized with concurrent notification (e.g., email) to the RO.
C. Technical Representatives. Section
121.547(c)(6) contains special provisions for authorizing
flight deck access without a seat in the cabin for certain technical representatives of the manufacturer of the aircraft or its components, whose presence on the flight deck is necessary
to perform the duties of monitoring the aircraft equipment or operating procedures. In this case, written authorization from the operator is required and the CHDO
must issue an FAA Form 8430-6, which must be used for granting approval in lieu of a LOA. The validity period will not exceed 6 months from the date of issuance.
NOTE: If the technical representative is granted access in accordance with the manuals required by §
121.133, then FAA Form 8430-6 is not required.
D. Disposition of FAA Form 8430-6. The original is forwarded to the applicant, and the second copy is retained at the CHDO.
E. Removal of Authorization. Upon evidence of abuse of FAA Form 8430-6, the issuing authority may cancel the authorization. It must be canceled
by certified mail if the holder ceases to be employed in the capacity in which its issuance was predicated and the holder fails to return the form voluntarily.
F. Transmittal Letter. When the completed FAA Form 8430-6 is processed and returned to the air carrier or individual concerned, it should
be made clear to all holders, including FAA personnel, that this authorization may not be issued for the purpose of free transportation. The issuing authority
(i.e., CHDO) must forward a transmittal letter with each issuance (see Figure 3-4, Sample Letter of Authorization (Cabin Seat Required), or Figure 3-5, Sample
Letter of Authorization (Cabin Seat Not Required), as appropriate). The validity period should not exceed 6 months from the date of issuance. (See Table 3-0.)
Figure 3-4. Sample Letter of Authorization (Cabin Seat Required)
Flight Standards District Office
1300 South Meridian, Suite 601
Oklahoma City, OK 73108
Mr. Eric Townsend
Director of Operations
ABC Airlines, Inc.
417 Oakton Boulevard
Enid, OK 78154
Dear Mr. Townsend:
Enclosed is Federal Aviation Administration (FAA) Form 8430-6, Admission to Flight Deck, which will permit your representative access to [ABC Airlines]’s
flight decks during the performance of official duties. In order to assist in the proper use of this form, we provide the following guidelines:
The standard boarding pass must be issued and a seat in the passenger cabin must be available, since the form, as indicated by its title, only permits the
holder access to the flight deck.
FAA Form 8430-6 is issued in accordance with the provisions of Title 49 of the United States Code (49 U.S.C.) and is honored subject to the discretion
of the individual air carrier, as well as the approval of the pilot in command. The holder of this form must secure an endorsement from the air carrier prior
Additionally, in the interest of flight deck security, the holder should make prior arrangements to board the aircraft with the flightcrew.
Title 14 of the Code of Federal Regulations (14 CFR) part
121.542(b) states that no flightcrew member
(including jump seat occupants) may engage in any activity during a critical phase of flight that could distract from or interfere in any way with the proper
conduct of those duties. Nonessential conversations on the flight deck and nonessential communications involving the cabin and flightcrews are not permitted
during a critical phase of flight. Critical phases of flight include all ground operations involving taxi, takeoff, and landing and all other flight operations
conducted below 10,000 feet, except cruise flight.
Upon expiration, we request that this flight deck authorization be returned to this office for disposition.
George E. Johns
Principal Operations Inspector
Figure 3-5. Sample Letter of Authorization (Cabin Seat Not Required)
Flight Standards District Office
1300 South Meridian, Suite 601
Oklahoma City, OK 73108
Mr. James W. Pratt
Pratt & Whitney Aircraft Division
United Technologies Corporation
Washington, D.C. 22020
Dear Mr. Pratt:
This refers to the request from Mr. M. B. Oakes, Assistant to Vice President of Flight Operations, Trans World Airlines, Inc. (TWA), dated January 27, 1994,
concerning authorization for your admission to the flight deck of TWA flights without a seat in the cabin.
As a technical representative for the Pratt & Whitney Aircraft Division (P&W), you may use this letter as written authority for your admission to
the flight deck of TWA flights in accordance with the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part
121.547(c)(6) for the purpose of
observing and monitoring the operation of P&W engines on TWA aircraft.
For security reasons, please make arrangements prior to each flight for admission to the flight deck and board the aircraft with the flightcrew.
Section 121.542(b) states that no flightcrew
member (including jump seat occupants) may engage in any activity during a critical phase of flight that could distract from or interfere in any way with the proper
conduct of those duties. Nonessential conversations on the flight deck and nonessential communications involving the cabin and flightcrews are not permitted
during a critical phase of flight. Critical phases of flight include all ground operations involving taxi, takeoff, and landing, and all other flight operations
conducted below 10,000 feet, except cruise flight.
This authorization is valid through [datenot to exceed 6 months from date of issuance] unless sooner canceled by either the air carrier or by this office.
George E. Johns
Principal Operations Inspector
3-46 VERIFICATION OF PERSONNEL FOR ACCESS TO THE FLIGHT DECK.
A. Identity Verification Procedures for Other Part
Holders. OpSpec A048 is available for those part
121 operators that seek authorization
for access to the flight deck jump seat in accordance with §
121.547(a)(3) for individuals not employed
by the certificate holder granting access. Required FAA authorization for employees of part
121 certificate holders to access
the flight deck (jump seat) of other part
121 certificate holders will
be granted in accordance with §
121.547(a) through the approval of these procedures
as incorporated in the certificate holder’s manual that is required by §
121.133 and the issuance of OpSpec A048.
NOTE: The TSA may impose additional restrictions through issuance of security programs and/or SDs. It is imperative that the certificate holder is
in possession of any pertinent TSA approvals or authorizations for any associated TSA requirements.
B. Certificate Holder Procedures. Certificate holder procedures for accessing the flight deck jump seat must include verification of identity,
employment status, and jump seat eligibility at gate check-in. Four verification methods are described in subparagraph 3-46F. Each method contains unique procedures. All methods
must include the following items:
1) The individual requesting access must have an employee photo ID card issued by their employer.
2) The company official granting access will complete the company authorization procedures contained in their manual required by §
121.133 to include the verification method.
3) Verification must include the requester’s name, employee number, and flight deck (jump seat) access eligibility.
C. Verification Programs. Two verification programs are available for use under OpSpec A048. They are:
1) Cockpit Access Security System (CASS). A direct-access database system developed by A4A, in coordination with ARINC, the FAA, the TSA, part
121 certificated air carriers, and labor unions.
a) The CASS is a network of databases hosted by participating part
121 air carriers that contains
employment and security information for individuals authorized by the FAA to occupy an aircraft’s flight deck jump seat during normal operations. The information and
process used for the CASS is intended to verify a person’s identity, eligibility for access to the jump seat, and their employment status at the time of check-in. This program
will enhance flight deck security and permit verified individuals to occupy the jump seat for transportation.
b) Under the CASS, each air carrier is responsible for coordination with the TSA and development of software that will interface with the ARINC network
and the systems of other participating airlines, and it must provide the required information. The operational procedures for the air carrier’s system should
be included in their manual required by §
121.133. These procedures should be validated before issuance of OpSpec
A048 using the associated job aid. The job aid includes steps for the certificate holder to demonstrate their system and procedures to the POI and evidence of
a required audit of employee records before the issuance of OpSpec A048.
2) Flight Deck Access Restriction (FDAR) Program. A direct-access database or other system that is not part of the CASS but serves the same purpose
in confirming a requester’s identity, employment status, and jump seat eligibility. Similar to the CASS, each air carrier must develop procedures that are incorporated
in their manual required by §
121.133. The FDAR may employ methods similar to CASS through a direct-access
computerized database system or through the more conventional methods of telephone, email, and fax verification. The TSA may restrict the use of the FDAR through
an air carrier’s TSA-approved security program.
D. Computer Database System (CASS or FDAR). Procedures for the certificate holder’s employees assigned verification tasks to interface with
the host system and positively confirm identity, employment status, and flight deck jump seat eligibility of the person requesting access. See
Volume 3, Chapter 18, Section 3, OpSpec A048, for guidance on issuing OpSpec A048.
1) The software must interface with other participating part
121 certificated air carrier(s), and
it must provide the required information. The procedures and software should be validated before issuance of OpSpec A048 using the associated job aid located in WebOPSS. The job aid
includes a requirement for the certificate holder to demonstrate their system and procedures to the POI and evidence of a required audit of employee records before the issuance
of OpSpec A048.
2) If electronic database access is used, the software must interface with other participating part
121 certificated air carrier(s), and it
must provide the required information. The procedures and software should be validated before issuance of A048 using the associated job aid. The job aid includes a requirement
for the certificate holder to demonstrate their system and procedures to the POI and evidence of a required audit of employee records, before the issuance of OpSpec A048.
3) Regardless of which method(s) is approved for use under A048, the certificate holder must develop procedures and incorporate them in the manual
required by §
121.133. These procedures must address one or both of the following
verification methods, unless otherwise restricted by the TSA.
E. Verification Requirements. Regardless of which system(s) the certificate holder intends to use, the information outlined below must be provided
through procedures contained in the certificate holder’s manual required by §
121.133. This information must be made available to the
certificate holder’s personnel as described below:
1) Computer Database System (CASS or FDAR). Procedures for the certificate holder’s employees assigned verification tasks to interface with
the host system and positively confirm identity, employment status, and flight deck eligibility of the person requesting jump seat access. A job aid located
in WebOPSS is provided for analysis of the certificate holder’s procedures before the issuance of OpSpec A048.
2) Conventional Systems (Email, Fax, and/or Telephone).
a) The holder of OpSpec A048 must list each part
121 certificate holder with which jump seat
agreements are in place and contact numbers and/or email addresses that will be used to verify a requester’s information at time of check-in in their manual required by §
b) The issuing authority for the air carrier will confirm eligibility by contacting one of the following that has access to the required data:
• Dispatch/system operational control;
• Human resources;
• Crew scheduling; or
• Other database verification sources approved by the Administrator.
c) The issuing authority must include a verification number or name of person who verified employment and eligibility of the requester to access the flight
deck on the authorization form. Fax or email is acceptable as an alternate method of verification, provided the message contains the required information. All systems, whether computer
database or conventional, must operate using methods and procedures approved through the issuance of OpSpec A048. At a minimum, the procedures and provisions must provide for:
1. Establishing currency and accuracy of employee records through an initial audit before the issuance of A048.
2. Performing annual audits of employee records to ensure accountability for all issued identification cards and currency and accuracy of employee records
contained in the database.
NOTE: The Director of Operations (DO) is responsible to ensure accurate and timely completion of all required record audits.
3. Real-time availability to the issuing authority for use in verification of required data at check-in.
4. Including full name, employee number, flight deck (jump seat) access eligibility for the person making the request.
5. Loss of employee identification.
6. Reissuance of all company photo ID badges if 5 percent or greater are lost or not accounted for.
NOTE: If not requesting access to the flight deck in accordance with §
121.547, company procedures for cabin access apply.
F. Identity and Eligibility Verification Methods. The following guidance is to be addressed in operators’ procedures in verifying
an individual’s identity and jump seat eligibility. Methods are arranged by type of operation.
1) Method 1: Passenger-Carrying OperationsEmployees of the Part
121 Certificated Air Carrier, Wholly Owned
Domestic Subsidiaries, or Domestic Code-Share Partners. Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment status, and
jump seat eligibility at gate check-in using the procedures outlined in subparagraph 3-46D.
2) Method 2: All OperationsEligible Employees of Other Part
121 Certificated Air Carriers. Certificate
holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment status, and jump seat eligibility at gate check-in using the procedures outlined
in subparagraph 3-46D and as follows:
a) Additional items for noncompany flightcrew members accessing the flight deck:
1. Current medical certificate if the requester serves as a flightcrew member for his or her employer.
2. Appropriate airman certificate.
b) Flight deck access by noncompany employees must also be authorized by the issuance of OpSpec A048.
3) Method 3: All-Cargo-Carrying OperationsEmployees of the Part
121 Certificated Air Carrier, Wholly Owned
Domestic Subsidiaries, or Domestic Code-Share Partners. Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment
status, and jump seat eligibility at gate check-in using the procedures outlined in subparagraph 3-46F2).
121.583(a) lists numerous passenger-carrying requirements that all-cargo
operators may not need to comply with to carry the persons listed in §
121.583(a)(1)(8). For an all-cargo operation, an air carrier
need not comply with the passenger-carrying requirements in
§ 121.547(c), but no person or entity, including the air carrier, is excused
from the flight deck admission requirements in §
(b) when seeking access to the flight deck. Airplanes must
have a flight deck door installed that separates the flight deck from the cabin or cargo area to carry individuals under §
4)Method 4: All-Cargo-Carrying OperationsNon-Crewmembers of the Part
121 Certificated Air Carrier.
a) Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment status, and jump seat eligibility
at gate check-in using the procedures outlined in subparagraph 3-46F2).
b) All persons being transported in the aircraft must be screened and have their accessible property searched before entering the aircraft:
1. Pat down or hand-held metal detector for an individual.
2. Physical inspection of property.
3-47 PROCEDURES FOR OPENING, CLOSING, AND LOCKING FLIGHT DECK DOORS.
1) On January 15, 2002, §
25.772 was amended to require an emergency means to
enable a flight attendant (F/A) to enter the flight deck should the flightcrew become incapacitated. This change applies to airplanes that are newly certificated under part
25 and was not retroactive to existing
airplanes. The operational requirements found in §
121.313 were also amended on January 15, 2002, to require each operator
to establish methods that enable an F/A to enter the flight deck in the event that a flightcrew member becomes incapacitated. As with §
25.772(c), these methods are intended for use under emergency conditions
and not for routine access to the flight deck. As such, aircraft electronic keypads or electronic pushbuttons installed in the cabin must be used only in
emergency situations. (The only time the crew may use the emergency flight deck access procedure during normal operations is when the aircraft is on the ground,
the flight deck door is closed and locked, and the flight deck is unoccupied.) Additionally, §
121.313(g) states, in part, “… no person other
than a person who is assigned to perform duty on the flight deck may have a key to the flight deck door.” Therefore, any keys in the possession of cabin
crewmembers that are used for opening bins or containers in the cabin cannot be capable of unlocking the flight deck door.
2) Unless an air carrier has FAA-approved procedures under §
121.587(b), the flight deck door must remain closed during flight time.
In order to operate the flight deck door during flight time and permit flight deck access by persons authorized in accordance with §
121 certificate holders
must develop and use FAA-approved procedures regarding the opening, closing, and locking of the flight deck door. These FAA‑approved procedures should be included
in the operators’ operations and F/A manuals. Additionally,
§ 121.313 requires any associated signal or identity confirmation system to
be easily detectable and operable by each flightcrew member from his or her duty station. To meet security needs of accomplishing an audio and visual identification,
one person on the flight deck is required to visually identify the person seeking access through the viewing port or viewing device.
B. Certificate Holders’ Procedures. Certificate holders’ procedures must include at least the following:
1) Normal procedures for opening flightcrew compartment doors, to include:
a) Who is authorized to have access to the flight deck.
b) How a crewmember verifies the identity of a person requesting access to the flight deck. This process must include a positive means for flightcrew
members to identify persons requesting entry to the flight deck and to detect suspicious behavior or a potential threat before unlocking the flight deck door.
To meet security needs of accomplishing an audio and visual identification, one person on the flight deck is required to identify visually the person seeking
access through the viewing port or viewing device.
c) How flight deck door keypad access codes are disseminated (e.g., flight deck door keypad access codes may be disseminated through the certificate holder’s
normal manual process).
d) F/A procedures to verify that there are no passengers in any forward lavatory, and that no passengers are standing in the area surrounding the flight
e) F/A procedures for blocking the passenger aisle when the flight deck door is opened.
f) Procedures to ensure two persons are always on the flight deck. For two-person flightcrews, this means when one flightcrew member leaves
the flight deck, another individual that is qualified in accordance with §
such as an F/A, must be present to lock the door and remain on the flight deck until the flightcrew member returns to his or her station.
2) Emergency electronic keypad or emergency pushbutton procedures, to include:
a) Events requiring the use of emergency procedures (e.g., pilot alerts).
b) Determining when the flightcrew is, or is suspected of being, incapacitated, or there is no response from the flight deck.
c) Keeping the flight deck door locked until an audio and visual verification of the person requesting entry is made.
d) How to determine whether a person requesting access is under duress.
e) How to determine when the flight deck door locking system may be taken out of the deny access position.
f) Flight deck crew procedures to follow when an electronic keypad or pushbutton is being used to gain unauthorized access to the flight deck.
g) When the flightcrew must take immediate action to deny access to the flight deck.
3) Crewmember training programs should include these procedures, associated crewmember duties and responsibilities, crew coordination, and emergency
situation training modules in appropriate curriculum segments.
C. POI Approval Process. To comply with §
121.587(b), POIs are to review and approve their assigned certificate holders’
procedures in accordance with the current approval process found in this order and the guidance provided in this paragraph.
3-48 INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) OPERATIONAL SAFETY AUDITS (IOSA) ACCESS TO FLIGHT DECK.
1) The FAA works with ICAO and other civil aviation authorities (CAA) to improve safety oversight through the implementation
of international standards. One of the key components in this effort is the IOSA program. IATA developed IOSA as an internationally recognized audit system to help
carriers in maintaining a high level of safety and reliability. IOSA auditors determine conformity with IOSA standards through the collection and analysis of evidence that indicates
whether the operator has properly documented and implemented its processes and procedures.
a) IOSA saves the air carriers resources by creating cost-efficient, harmonized, internal audit standards.
b) IOSA focuses on the management and control systems of an air carrier as it meets ICAO Standards.
2) The FAA determined that IOSA may be used as one of the methods to meet the Department of Transportation’s (DOT) and the
FAA’s Codeshare Safety Program requirements, provided IOSA is part of the U.S. air carrier’s FAA-accepted Codeshare Audit Program. Since the objectives of
IOSA are consistent with those of the DOT/FAA Codeshare Safety Program, in terms of operations and safety, the FAA encourages air carriers to participate, as appropriate.
3) One very important activity associated with an IOSA is observing line operations from the flight deck. This particular activity significantly
enhances the effectiveness of the audit by verifying firsthand that the crew properly implements the operator’s procedures during line operations.
4) The IOSA program provides specific, high-level qualification standards for the auditors who will assess line operations. These
auditors are familiar with flight deck operations; understand applicable regulatory requirements and air carrier procedures and protocols; and have extensive experience
either as a pilot in air carrier flight operations or as a flight operations air carrier inspector for a regulatory authority.
NOTE: The Flight Standards International Program Division (AFS-50) maintains information on each auditor’s IOSA qualifications, security check,
and employment with an accredited auditing organization (AO), as it manages the Codeshare Program. AFS-200 retains the security background check on the
auditors. This list, along with documents submitted with the request, is used to validate auditor qualifications and currency.
B. Guidance. U.S. air carriers seeking initial or recurrent IOSA registration in accordance with their FAA-accepted Codeshare
Audit Program must contact their POI regarding jump seat access for an IOSA auditor. Requests must include start and end dates, not to exceed 14 calendar-days. Such
requests for access to the flight deck are made in accordance with §
121.547(a)(4) and must support the following requirements:
1) The request is justified under the IOSA program;
2) The AO is formally accredited by IATA;
3) The auditor is qualified and current to conduct line assessments during audits under the IOSA program as demonstrated by their IATA training
certificate and/or recurrent training record;
4) The auditor is employed by the AO;
5) The auditor is in possession of State-issued identification; and
6) The auditor is in possession of their Airman Certificate(s).
C. TSA-Approved Auditor List. IATA works with the AO building the proposed auditor Flight Deck Access List. IATA then coordinates with the
TSA, who vet the proposed flight deck auditors. When vetting is complete, IATA compiles and sends the current list to AFS-200 and AFS-50. The list contains
current information on auditors vetted and accepted for observations from the aircraft flight deck conducted on U.S. air carriers.
D. AFS-200 Review. Supporting documentation must accompany the air carrier’s request in accordance with the requirements in subparagraph 3-48B
above. POIs must contact AFS-200 to determine if the request meets the requirements. Contact AFS-200 at 571-333-7898 or 202-267-8166. A properly
completed request that contains all of the items listed in subparagraph 3-48B will expedite the authorization process.
1) If the request does not meet requirements, the POI is advised what is needed. The POI advises the air carrier what is needed.
2) Once the air carrier provides the POI with the appropriate documentation, the POI contacts AFS‑200 for review. When AFS-200 agrees with
the POI that the request is complete and timely, the POI prepares a memo recommending approval of the request.
E. Flight Deck Access. The POI will then forward the complete request with all required supporting documents for flight deck access and their
recommendation for approval by memo to AFS-200 using email to the Correspondence Team’s email address
F. Approval/Disapproval. AFS-200 will review the request and verify the auditor’s qualifications and TSA-approved security
check and approve or disapprove the request in accordance with current FAA policy. When the auditor and request are accepted by AFS-200, the POI is notified by email
that the 30-day coordination period has begun. When the process iscomplete, AFS‑200 will issue a memo concurring with the request and authorizing
the POI to issue FAA Form 8430-6 in accordance with paragraph 3-45.
G. ASI Priority. ASIs have statutory requirements to conduct inspections from the flight deck jump seat in the course of their official
duties. Therefore, the ASI has statutory priority in the performance of his or her duties, should the ASI and IOSA auditor plan to occupy the same flight deck jump seat for a
particular flight. The ASI and IOSA auditor should resolve any scheduling conflict privately and advise the air carrier’s personnel accordingly.
RESERVED. Paragraphs 3-49 through 3-54.