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12888 RULES AND REGULATIONS effective date of these rules until December 1, 1968. If an application for a certificate is made by that date they may continue to operate pending action on the application. In addition, in order to avoid disruption of their operation only a limited number of the operating rules will be applicable until February 1, 1969 unless a certificate is issued or denied before that date. Due to the substantial differences between the basic organization of a commercial operator and that of an air travel club, the rules governing the certification is issued or denied before that date. Due to the substantial differences between the basic organization of a commercial operator and that of an air travel club, the rules governing the certification process have been completely rewritten. The other provisions of Part 121 that are applicable to commercial operators of large aircraft have been incorporated by reference with some deletions and minor changes as specifically set forth in Subpart D of Part 123. Upon consideration of the comments received in response to Notice 67-27, Parts 43 and 91 of the Federal Aviation Regulations are amended and a new Part 123 is added to Subchapter G, as follows, effective October 14, 1968: SUBCHAPTER C——AIRCRAFT PART 43——MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND ALTERATION 1. By amending the title of § 43.15 and paragraph (a) thereof to read as follows: § 43.15 Additional performance rules for inspections. (a) General. Each person performing a 100-hour, annual, or progressive inspection required by Part 91 of this chapter or an inspection required under Part 123 of this chapter, shall perform those inspections in such a manner as to determine whether the aircraft concerned meets all applicable airworthiness requirements. SUBCHAPTER F——AIR TRAFFIC AND GENERAL OPERATING RULES PART 91——GENERAL OPERATING AND FLIGHT RULES § 91.116 [Amended] 2. By amending §91.116(c) by inserting the number "123" after the number "121," and before the number "129," in the first sentence thereof. 3. By amending §91.169(c) to read as follows: § 91.169 Inspections. (c) Paragraphs (a) and (b) of this section do not apply to—— (1) Any aircraft for which its registered owner or operator complies with the progressive inspection requirements of §91.171 and Part 43 of this chapter; (2) An aircraft that carries a special flight permit or a current experimental or provisional certificate; or (3) Any airplane operated by an air travel club that is inspected in accordance with Part 123 of this chapter and the operator's manual and operations specifications. 4. By amending the title of Subchapter G and adding a new Part 123 to read as follows: SUBCHAPTER G——AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS PART 123——CERTIFICATION AND OPERATINOS: AIR TRAVEL CLUBS USING LARGE AIRPLANES Subpart A——General Sec. 123.1 Applicability. 123.3 Certificate and operations specifications required 123.5 Operating rules: compliance dates Subpart B——Certification Rules 123.11 Application for air travel club operating certificate. 123.13 Management personnel required. 123.15 Management personnel: qualifications. 123.17 Issue of certificate. 123.19 Duration of certificate. 123.21 Contents of certificate and operations specifications. 123.23 Operations specifications not a part of certificate. Subpart C——Applicable Regulations 123.27 Applicable regulations of Part 121. Subpart D——Additional Regulations 123.31 Applicability. 123.33 Route requirements. 123.35 Manual contents. 123.37 Emergency evacuation. 123.39 Airborne weather radar. 123.31 Training program. 123.43 Flight crewmember qualifications. 123.45 Maintenance and inspections. 123.47 Duty time limitations. 123.49 Admission to flight deck and pilot's compartment. 123.51 Operational control. 123.53 Flight and voice recorders. AUTHORITY: The provisions of this Part 123 issued under secs. 313(1), 601(a), 607, Federal Aviation Act of 1958; 49 U.S.C. 1354(a), 1421(a), 1427. Subpart A——General § 123.1 Applicability. (a) Except as provided in paragraph (c) of this section, this part prescribes rules governing the certification and operations of air travel clubs using large airplanes, including the following: (1) Each person employed or used by the air travel club in operations under this part. (2) Each person employed or used for the performance of inspections on airplanes that are operated under this part. (3) Each person who is on board an airplane that is being operated under this part. (b) For the purposes of this part, "air travel club" means a person who engages in the carriage by airplanes of persons who are required to qualify for that carriage by payment of an assessment, dues, membership fee, or other similar type of remittance. (c) This part does not apply to operations that are subject to Parts 121 and 135 of this chapter. § 123.3 Certificate and operations specifications required. (a) Except as provided by paragraphs (b) and (c) of this section, no person may operate an airplane in operations to which this part applies without, or in violation of, an air travel club operating certificate and appropriate operations specifications issued under this part. (b) Any person conducting operations as an air travel club on September 5, 1968, may continue operations without an operating certificate or operations specifications until December 1, 1968. (c) Any person conducting operations as an air travel club on September 5, 1968, who applies for an operating certificate and operations specifications before December 1, 1968, may continue operations after December 1, 1968, without an operating certificate or operations specifications until the Administrator takes one of the following actions: (1) Issues an operating certificate and operations specifications for the air travel club; or (2) Notifies the applicant that the application for the air travel club operating certificate has been denied. § 123.5 Operating rules: compliance dates. (a) Except as provided in paragraph (b) of this section, each person conducting operations as an air travel club shall comply with the provisions of Subparts C and D of this part, including those which incorporate by reference §§121.117, 121.119, 121.121, and 121.549 of this chapter. (b) A person conducting operations as an air travel club under §123.3 (b) or (c) need not comply with the provisions of Subparts C and D of this part, other than §§121.117, 121.119, 121.121, and 121.549 of this chapter incorporated by reference in Subpart C of this part, until February 1, 1969, unless he receives an operating certificate before that date in which event he shall comply with all of the provisions of those subparts on the effective date of the certificate. Subpart B — Certification Rules §123.11 Application for air travel club operating certificate. (a) Each applicant for the issue or renewal of an air travel club operating certificate must submit an application in a form and manner prescribed by the Administrator to the FAA District Office in whose area the applicant proposes to establish or has established its principal operations base. Except as provided in §123.3(b), the application must be submitted at least 60 days before the date of intended operations, or in the case of renewal, 60 days before the date of termination of the certificate. (b) Each application submitted under paragraph (a) of this section must contain signed statement showing the following: FEDERAL REGISTER, VOL. 33, NO.78—THURSDAY, SEPTEMBER 12, 1968
