1. Applicability. This Special Federal Aviation Regulation applies to each holder of an air carrier or operating certificate (hereafter, certificate holder) that meets one of the following eligibility requirements:
a. The certificate holder conducts scheduled operations with airplanes having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less under part 121 of this chapter.
b. The certificate holder conducts domestic operations in Alaska under part 121 of this chapter.
2. Alternative requirements.
a. If an operator described in paragraph 1.a. of this SFAR is conducting a flight with an airplane described in 1.a. and if communications cannot be maintained over the entire route (which would be contrary to the requirements of §121.99 of this chapter), such an operator may continue to operate over such a route subject to approval by the Administrator. In granting such approval the Administrator considers the following:
i. The operator has an established dispatch communication system.
ii. Gaps in communication are not over the entire route, but only over portions of the route.
iii. When communication gaps occur, they occur due to one or more of the following:
A. Lack of infrastructure.
B. Geographical considerations.
C. Assigned operating altitude.
iv. Procedures are established for the prompt re-establishment of communications.
v. The operator has presented a plan or schedule for coming into compliance with the requirements in §121.99 of this chapter.
b. A certificate holder who conducts domestic operations in Alaska may, notwithstanding the requirements of §121.99 of this chapter, use a communications system operated by the United States for those operations.
c. An operator described in paragraph 1.a. of this SFAR who conducts operations in Alaska may share the aircraft dispatcher required by §121.395 with another operator described in paragraph 1.a. of this SFAR who conducts operations in Alaska if authorized to do so by the Administrator. Before granting such an authorization, the Administrator considers:
i. The operators' joint plans for complying with the aircraft dispatcher training rules in subpart N of part 121 of this chapter and the aircraft dispatcher qualification and duty time limitation rules in subpart P of part 121 of this chapter.
ii. The number of flights for which the aircraft dispatcher would be responsible.
iii. Whether the responsibilities of the dispatcher would be beyond the capability of a single dispatcher.
3. Expiration. This Special Federal Aviation Regulation terminates on March 12, 2001, unless sooner terminated.
[SFAR–80, 62 FR 13255, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
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