2-4 conducted by airplanes with a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, should be authorized a deviation from § 125.1 applicability, and allowed to conduct all operations in accordance with part 91. AFS-800 has developed standard parachute, museum, and airplane leasing/manufacturer LODAs.
2.4.13 Special Flight Permits (SFP). SFPs are issued to the operator of an aircraft that may not currently meet the applicable airworthiness requirements but is capable of safe flight (refer to §§ 21.197 and § 21.199).
2.5 Is Part 125 Applicable to Your Operation?
2.5.1 Applicability. The applicability of this part is outlined in § 125.1.
2.5.2 Exceptions. The exceptions from applicability to part 125 are addressed in the following questions. Any person operating large airplanes who does not meet the criteria for one or more of the exceptions shown in the answers to these questions must make application for certification under part 125.
Note: The questions are arranged to correspond consecutively with those in the diagram in Figure 2-1, Test for Part 125 Applicability. Only the answers which result in exceptions to the applicability of part 125 are provided.
Question 1. Do you operate at least one civil airplane with a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more?
If no, part 125 does not apply (refer to § 125.1(a)). If yes, move to question 2.
Question 2. Is your large airplane registered in the United States? If no, part 125 does not apply (refer to § 125.1(a)). If yes, move to question 3.
Question 3. Will your U.S.-registered, large airplane be operated in any portion of the United States or territory, commonwealth, or possession of the United States? If no, and you are not a U.S. citizen, you are only required to comply with the inspection program and maintenance requirements of § 125.247 (refer to § 125.1(c)). If yes, move to question 4. Foreign-based U.S. citizens also move to question 4.
Question 4. Is your U.S.-registered, large airplane operated on a restricted, limited, or provisional airworthiness certificate, SFP, or experimental certificate?
If yes, part 125 does not apply (refer to § 125.1(b)(2)). If no, move to question 5.
Question 5. Do you conduct intrastate common carriage as the holder of a commercial Air Carrier Certificate under the provisions of 14 CFR parts 121 or 135? The key is intrastate common carriage. If yes, then you must continue to operate under the commercial operator requirements of parts 121 or 135. If no, move to question 6.
2-5 Question 6. Do you presently hold an air carrier operating certificate issued under parts 121 or 135? If yes, then you are not eligible for a part 125 operating certificate (refer to § 125.11(a)). If no, move to question 7.
Question 7. Are your U.S.-registered, large airplane(s) presently required to be operated under parts 121, 135, or 137? If yes, part 125 does not apply (refer to § 125.1(b)(1)).
Figure 2-1. Test for Part 125 Applicability Operation of Large Airplanes Yes Q1. Seating No Part 125 Does Capacity 20+ or Pay Load 6,000+ Lbs.? Not Apply Yes Registered in United Q2. Airplane No Part 125 Does States? Not Apply Yes in Any Portion of United States? Q3. Operate No Only § 125.247 Applies to Non-U.S. Citizens Yes Q4. Any Special Yes Part 125 Does Airworthiness Consideration? Not Apply _ No Q5. Conduct Yes Must Continue Operations Under Intrastate Common Carriage? Regulations Effective Prior to 2/1/81 No Q6. Hold Air Yes Cannot Carrier Operator Operate Under Certificate? Part 125 No Q7.
Airplane(s) Required Yes Part 125 Does to be Operated Under Not Apply Part 121, 135, or 137?
No Part 125 Is Applicable to this Operator 2-6
3-1 CHAPTER 3. PREPARING FOR CERTIFICATION
3.1 Scope and Contents. This chapter outlines the steps which should be considered in preparation for certification under 14 CFR part 125. It provides general guidance with references to other chapters in this advisory circular (AC) where more specific guidance is necessary. Examples of acceptable submissions are also referenced in this chapter.
3.2 Contacts with the FAA District Office. As the applicant, you are encouraged to make informal contact with your local Flight Standards District Office (FSDO) or International Field Office (IFO), as applicable, by telephone, email, or in person, after making a scheduled appointment, before proceeding with the development of the documents necessary for certification. It may be helpful to seek comments regarding the operations, maintenance, and avionics aspects of your operation at intermediate steps in the development of these documents. These informal contacts, and submissions of draft documents for their review, will assure the acceptability of the formal application and, in many cases, lessen the amount of time involved in the process of certification.
Note: References made to the FSDO in this document may also include the IFO, as applicable.
3.3 Time Constraints. Applicants are required to submit their complete formal application at least 60 calendar-days prior to the intended date of operation (refer to part 125, § 125.21).
This formal application must contain all items listed in paragraph 3.17.3. Your preparation of the formal application with its required attachments could, under normal circumstances, also take as much as 60 calendar-days. You should bear in mind the time involved for your preparation of the complete formal application package, and the 60-calendar-day period for FAA processing of that application, when planning the intended date for beginning operation under part 125.
3.4 Initial Informal Contact.
3.4.1 Contact the FAA. As soon as the decision is made to conduct operations with large airplanes and you have determined the planned operations will not fall under any of the exceptions to part 125 discussed in Chapter 2, paragraph 2.5.2, you should contact the local FSDO or IFO, as applicable. During this contact you will be able to discuss the scope of operations planned and get FAA input on the part 125 requirements that may be applicable to the planned operation.
3.4.2 FSDO/IFO Input. The district office or IFO, as applicable, will be able to give specific and timely input if you are prepared to supply in reasonable detail:
1. An outline of operations planned, including the number and type of airplane to be used;
2. A list of key management personnel who will represent the company during the certification process; and
3. An estimate of the dates on which you intend to make formal application for certification and plan to begin operations under part 125.
3-2
3.5 Timetable for Certification. At the initial informal meeting the FAA will review with you the steps necessary to develop the formal application and complete certification.
They will also assist you in determining the timetable you should meet in order to complete all aspects of preparing for, and completing, certification by the date you plan to begin operations under part 125.
3.6 Should You Submit a Request for Deviation Authority? After initial contact with the FSDO or IFO, as applicable, you should begin the process of deciding whether or not a deviation request from 14 CFR part 119, § 119.23(a)(3) and § 125.5 (the requirement to hold an operating certificate and operations specifications (OpSpecs)) will be required for your operation. You should consider early whether or not to submit a request for an A125 Letter of Deviation Authority (LODA) authority to deviate from certain sections of part 125. Chapter 10 outlines the procedures for making this request.
3.7 Determine How You Will Comply with Part 125.
3.7.1 Compliance Statement/Letter of Compliance. You will be required to submit a compliance statement/letter of compliance which summarizes, for each applicable part 125 section, how your organization intends to comply with part 125, and the applicable sections of 14 CFR parts 91 and 119.
3.7.2 Manual References. When developing the compliance statement/letter of compliance, a determination should be made of which sections of part 125 will be included in your Policy and Procedures Manual (PPM) to satisfy the type(s) of operations planned. In the compliance statement, your intentions should be specifically referenced as to the location in the manual of how you will otherwise assure compliance with the applicable sections.
3.8 Developing Company Manuals.
3.8.1 Manual’s Contents. After the operation planning has been completed, the next step would be the formulation of the policies and procedures that you want company personnel to follow in the performance of their duties. Part 125 requires these policies and procedures to be contained in a manual and specifies the required contents (refer to §§ 125.71,
125.73, and 125.249). Contents other than that required by the rule may be part of your PPM, as applicable to your operation.
3.8.2 Manual Formulation Guidance. Specific guidance on the formulation of this manual is included in Chapter 7 and Appendix A.
3.8.3 Approved Flight Manual. Section 125.75 requires that you have FAA-approved flight manuals for each airplane. Procedures should assure that these manuals are up-to-date and available to the crewmembers as required by § 125.71(e). Modifications to the operating procedures and performance data must be approved by the FAA (refer to § 125.75(b)).
3-3
3.9 Minimum Equipment List (MEL).
3.9.1 MEL Definition. An MEL is a method by which a part 125 holder can, under controlled conditions, operate an airplane with specified items of equipment inoperative until repairs are available or feasible. Authority for the use of an approved MEL is provided in § 125.201(a).
3.9.2 MEL Guidelines. Items of equipment required on an airplane may be dictated by the airplane type certificate, the operational requirements (e.g., part 125), or, in the case of optional equipment, by the operator. The MEL is developed by the operator from the Master Minimum Equipment List (MMEL). The MEL submitted by the operator may not be less restrictive than the MMEL from which it was developed, and provides for approval to deviate under controlled conditions from certain operational requirements.
These “controlled conditions” may be restrictions from flight during night, in instrument flight rules (IFR) or icing conditions, or by changes in in-flight operational procedures, temporary deactivation of components, or other procedures.
3.9.3 Approval of MEL. If you desire to use an MEL:
1. You should obtain a copy of the MMEL for your airplane. A copy of the MMEL can be obtained from the FAA’s Web site at http://fsims.faa.gov. If you do not have access to the internet, you can obtain a copy from your jurisdictional FSDO.
2. Section 125.201 authorizes flight with inoperative equipment under specific conditions.
3. An aviation safety inspector (ASI) may approve MELs for part 125 operators as part of the certification process.
4. You should submit your proposed MEL, as a separate document or as a section of your PPM, in your formal application for certification.
3.9.4 MEL Differences. Due to differences in operational factors (e.g., lack of maintenance bases), some options provided in the MMEL may not apply to part 125 certificate or A125 LODA holders. Each approved MEL will be tailored to the particular operator’s operations.
3.10 Maintenance Program.
3.10.1 Develop Maintenance Program. During your initial contacts with the FAA, and when developing the maintenance inspection program, you should follow the information provided in Chapter 9. It should be noted that a certificate holder under part 125 is not authorized by part 125 certification to perform preventive maintenance, rebuilding, or alteration. Such authority is not contained in part 43. This does not prevent an operator who holds a part 125 operating certificate from providing for its maintenance requirements by employing persons authorized to perform maintenance under part 43.
3-4
3.10.2 Airplane Requirements. Before submitting the formal application, you should assure that your airplane meet all applicable special airworthiness requirements in part 125 subpart E and all instrument and equipment requirements of part 125 subpart F for the operations proposed. Inoperative or unavailable equipment may be cause for denial of certification or place limitations on the proposed operations.
3.10.3 Qualified Personnel. You should also assure that adequate qualified personnel are available to perform your maintenance program, or agreements with other companies to perform this maintenance are satisfactory.
3.11 Airplane Required. Part 125 does not specifically require an applicant to own or have exclusive use of an airplane. Sections 125.27 and 125.31 require that a determination be made that you are properly equipped (refer to § 125.27(a)) and the registration number and airplane type be shown in your OpSpecs (refer to § 125.31(b)(2)). Essentially, this requires that a specific airplane which meets the requirements of part 125 for the operations shown in your OpSpecs be available at the time of certification. You may, however, request changes to the OpSpecs at any time after certification. The procedures for adding or deleting airplanes are discussed in Chapter 6.
3.12 Crewmembers.
3.12.1 Number of Qualified Crewmembers. You should review the requirements of § 125.263 through § 125.271 in light of your proposed operations and assure that you will have an adequate number of qualified crewmembers to conduct your proposed operations.
3.12.2 Crewmember Training. You are not required to have a formal training program; however, you should provide training for your crewmembers, or otherwise assure that they will be capable of successfully completing the testing requirements of §§ 125.287, 125.289, and
125.291. Section 125.296 permits crewmembers to complete training, testing, or checking in accordance with an approved training program that meets the requirements of part 125 and is conducted in accordance with an approved course conducted by a training center certificated under 14 CFR part 142. The regulatory responsibility for ensuring that an operator’s training program remains current and continues to meet the operator’s needs resides with the operator. Training, testing, and/or checking to be conducted by the training center will be authorized by the principal operations inspector (POI) via the Web-based Operations Safety System (WebOPSS) before any training is accomplished.
3.12.3 Contract Training Restrictions. If you elect to use a contract training provider, you are limited to the use of a part 142 certificated training facility (refer to § 125.296). The part 142 training facility must meet the simulator requirements of § 125.297. Use of a part 142 training facility to meet the crewmember requirements of part 125 must be approved by the POI through the appropriate WebOPSS paragraph. The training program should be reviewed and approved by the POI.
3.12.4 Review of Qualifications. Your crewmembers’ qualifications will be reviewed in light of their intended duties (refer to §§ 125.281, 125.283, and 125.285). These qualifications will be reviewed immediately prior to their oral and practical tests under part 125.
3-5
3.12.5 Crewmember Testing and Checking Requirements. Crewmembers must meet the testing and checking requirements of §§ 125.287, 125.289, and 125.291 prior to acting as a qualified crewmember for the company. All testing elements delineated in the rule are required. All testing must be conducted by a qualified ASI or authorized check pilot, and documented in accordance with the crewmember record requirements of § 125.401.
3.12.6 Pilot Proficiency Check. A pilot proficiency check conducted under 14 CFR part 121, § 121.441 that meets the checking requirements of part 121 appendix F may be accepted by the POI as meeting the requirements for operations conducted under part 125, under the following specified conditions:
1. The check is conducted in the same type of airplane, or in an airplane simulator or other training device, approved under § 125.297 for each flight maneuver or procedure to be accomplished during the proficiency check.
2. The pilot has passed a written or oral test on the appropriate provisions of 14 CFR parts 61, 91, and 125, and the OpSpecs and PPM of the certificate holder (refer to § 125.287(a)(1), (8), and (9)).
3. A properly documented record of that crewmember is maintained in accordance with the requirements of § 125.401.
4. If the POI elects to accept a § 121.441 check that meets the checking requirements of part 121 appendix F to satisfy the requirements for the proficiency check required under part 125, the requirements for items 2 and 3 above must be conducted by a part 125 company authorized check pilot. The discretion used by the POI to accept the part 121 appendix F check does not authorize the check pilot, who conducted the part 121 appendix F check, the authority to conduct the requirements specific to a part 125 operator (requirements of items 2 and 3 above).
3.12.7 Pilot Services for Multiple Part 125 Operators. Flightcrew members who meet the initial and recurrent pilot testing requirements or the pilot in command (PIC) instrument proficiency requirements of part 125 are permitted to make lateral moves between part 125 operators. For example, a pilot may provide services to more than one operator if the pilot meets the requirements of § 125.287(a)(1), (8), and (9) for each certificate holder. However, if a pilot fails to meet this requirement for one operator, that pilot may not provide the same services to any operator. Additionally, a failure of the required competency or proficiency check under part 125 requires notification of any part 121 or other part 125 operators who may employ the pilot. This can be accomplished by notifying the certificate-holding district offices (CHDO) of other operators that employ the pilot that failed the part 125 check.
3.13 Request for Check Pilot Authorization.
3.13.1 Issuing a Check Pilot Authorization. A check pilot authorization may be issued to an applicant for a part 125 certificate, an A125 LODA, an existing part 125 certificate holder, or existing A125 LODA holder. Although an individual is assigned check airman duties to conduct initial, recurrent, and instrument checks required by §§ 125.265(b),
3-6
125.285, 125.287, and 125.291, the authorization is issued to the applicant or operator planning to operate or operating under part 125.
3.13.2 Check Pilot Nominees. The FAA may authorize a company pilot to act as a check pilot for that company, or authorize a contract check airman from a part 142 training center, or authorize another part 125 check pilot as a check pilot for the company, to conduct the pilot testing and checking required by §§ 125.287 and 125.291 (refer to § 125.295).
These authorizations are issued when the FAA determines that a need exists based on factors such as the complexity of the operation (number of airplanes and flight personnel) and where the company can provide a qualified nominee. Requests for check airman authorizations should be submitted by letter to the jurisdictional FDSO. Further information on this subject can be found in Chapter 8.
3.13.3 Check Airman Scheduling. The operator should understand that the scheduling and use of a check airman is their responsibility. An operator entering into a multiple use arrangement may employ a check airman on a part time basis, may contract with another part 125 operator or part 142 training center to provide a check airman, or may contract directly with the check airman. However, each operator must ensure that the check airman maintains currency, as specified in the appropriate operating rule, and performs adequately when serving the operator.
3.13.4 Check Airman Approval for More Than One Operator. An operator seeking check airman approval for an individual already serving as a check airman for another operator must provide the same information to its POI as if the check pilot nominee was their company pilot. The operator’s POI must consider the means the company will use to train, qualify, and maintain the qualifications of the check airman candidate, and the required documentation. A check airman serving as a check airman for another operator may meet recurrent training requirements for more than one operator simultaneously. When the operator and the POI have agreed on the training and qualifications necessary for the check airman, serving as a check airman for another operator, the operator must submit a written letter of request to the POI.
3.13.5 Ensure Nominees Complete Training. Regardless, whether the check airman is a company pilot, contract check pilot from a part 142 training center, or a check pilot from another part 125 operator, the company requesting check airman authorization will ensure the check airman nominee completes all necessary training and checking. Once approved by the POI, the check airman will be approved, by a letter of authorization (LOA), to conduct checks for that operator.
Note: See Chapter 8, paragraphs 8.11–8.15 for additional information.
3.14 Administrative Resources. Adequate forms and manuals will need to be developed to properly document your company’s compliance with the applicable Federal aviation regulations and company procedures. During certification, the Certificate Management Team (CMT) will review these documents to assure that you have the necessary documentation and resources to begin operation.
3-7
3.15 List of Personnel. A list of the personnel who will be employed in management positions will be included in the PPM (refer to § 125.25(b)).
1. Each operator must show that they have enough management personnel, including at least a director of operations, to assure that its operations are conducted in accordance with the requirements of part 125.
2. The PPM will set forth the duties, responsibilities, and authority of each management personnel. This information will be placed in the PPM.
3. The names and addresses of each management position will be placed in the manual.
4. A person must be designated as the responsible person for the scheduling of inspections required by the manual and for the updating of the approved Weight and Balance (W&B) system on all of the operators airplanes.
5. The certificate holder will notify the FSDO of any changes made in the assignment of persons to the listed management positions within 10 calendar-days, excluding Saturdays, Sundays, and Federal holidays.
6. The FAA may deny an application for a certificate if it finds that any management person you intend to employ was previously employed in a similar position by a holder of a certificate under 14 CFR parts 121, 125, or 135 whose operating certificate was revoked, if that person’s employment or control contributed materially to the reasons for revoking that certificate (refer to § 125.27).
3.16 Preapplication Statement of Intent (PASI) and Formal Application Letter.
3.16.1 PASI. A potential applicant will submit a copy of the PASI (FAA Form 8400-6) after reviewing the appropriate regulations and advisory material and considering the personnel, facility, equipment, airplane, and document requirements for certification and operation.
3.16.2 Formal Application Letter. The formal application letter serves as the vehicle to transmit the package of documents required to complete the Formal Application Phase of the certification process. The inspector must inform the applicant that the formal application must be a letter containing a statement that the letter serves as a formal application for an operating certificate.
3.16.3 Application for Certification. The formal application for certification should be submitted as a letter, preferably on company letterhead.
3.16.4 Letter Content. This letter must contain:
1. A statement that you are applying for a certificate to conduct operations under part 125.
2. The full and official name of the applicant. This letter must be signed by the owner, when applying as an individual or sole proprietorship; all partners,
3-8 when applying as a partnership; or an authorized officer(s), when applying as an organization such as a company or a corporation.
3. A general outline of the areas where you intend to conduct flight operations.
The letter must contain the principal base of operation and/or principal place of business. The applicant must include their mailing address in the formal application letter, if it is different from his/her physical location address.
4. A reference to the compliance statement, referenced in Chapter 3, which outlines how you intend to meet the applicable sections of parts 91, 119, and
125.
5. The date you intend to begin flight operations under part 125.
3.17 Formal Application. The CMT ensures the formal application package represents a feasible proposal and is of sufficient quality to continue the certification process.
3.17.1 Application Quality. If the applicant has been thoroughly briefed and has acquired a thorough understanding of the requirements during the preapplication phase, the formal application should be of sufficient quality that any discrepancies can be resolved during the formal application meeting.
3.17.2 Rejected Formal Applications. Rejecting a formal application will be a sensitive issue since the applicant most likely will have expended considerable funds and resources to prepare it. Therefore, it is important for the Certificate Project Manager (CPM) to document thoroughly the reasons for rejection. The reasons must clearly indicate that to proceed with the certification process would not be productive. Reasons for rejection might include inadequate agreement on appropriate courses of action or evidence that the applicant has a serious lack of understanding of regulatory requirements and the certification process.
3.17.3 Formal Application Package. The formal application package should include:
• The formal application letter;
• A listing of management personnel and flightcrew members, including their résumés, certificates, and medicals;
• The compliance statement specifying how you propose to comply with each applicable section of part 91, 119, and 125;
• A copy of your Schedule of Events (SOE);
• A copy of the manuals required by §§ 125.71, 125.75, and 125.249;
• A copy of any deviation authority received; and
• A copy of any contracts or agreements with a person or persons who will perform required inspections or maintenance.
3-9
3.18 Foreign-Based Operators.
3.18.1 U.S. Citizen. If you are a U.S. citizen operating a U.S.-registered airplane applicable to part 125, you must comply with part 125 regardless of where your airplane is based or operated within the U.S., its commonwealth, territories, or possessions. If you are a U.S. citizen and your operation is entirely foreign based (i.e., you maintain your principal base of operations outside the United States, or conduct operations entirely outside of the United States), you will not be issued a part 125 operating certificate. Your application should be submitted to your jurisdictional FSDO or IFO, as applicable.
3.18.2 Non-U.S. Citizens Operating Outside the United States. If you are not a U.S. citizen and operate a U.S.-registered airplane subject to part 125 entirely outside the United States, its commonwealth, territories, or possessions, you need to only comply with the inspection programs and maintenance requirements of § 125.247. If the operator is foreign based, the inspection programs and maintenance required by § 125.247 would normally be approved by the applicable IFO prior to their use.
Note: A foreign-owned entity that operates U.S.-registered airplanes subject to part 125 entirely outside the U.S., its commonwealth, territories, or possessions will not be issued a part 125 operating certificate. They will only be required to comply with § 125.247.
3.18.3 Non-U.S. Citizens Operating Within the United States. If you are not a U.S. citizen and wish to operate a U.S.-registered airplane in any portion of the United States, its commonwealth, territories, or possessions, you must be certificated under part 125, or hold deviation authority under part 125. Your application should be submitted to your jurisdictional FSDO based on your U.S. base of operations/operator business address or if foreign based your applicable IFO.
3.19 Ready for the Inspection. Completion of the formal application package is considered to be an indication that your organization is ready for the Document Compliance Phase of the certification process.