Since 1981, the operation of large airplanes that are configured for 6,000 lbs. or more of payload capacity or 20 or more passenger seats has been governed by 部分125 of the Federal Aviation Regulations (FARs). The Federal Aviation Administration (FAA) published 部分125 in an effort to establish a uniform set of certification and operational rules for these airplanes, 通常被称为“125部分大小的飞机”. 部分125 applies when these airplanes are being used for any purpose other than common carriage. Prior to the establishment of 部分125, these airplanes operated under Part 91. 通过建立第125部分, the FAA intended to elevate the level of safety applicable to 部分125 size airplanes.
当联邦航空局公布了第125部分, they built in flexibility by including deviation authority in section 125.3. This allowed businesses to operate 部分125 size airplanes under letters of deviation authority (LODAs) issued by their local FSDO. 在大多数情况下, full or blanket LODAs have exempted these business airplanes from all provisions of 部分125 and allowed them to operate under FAR Part 91, 部分F. 如果没有这些LODAs, most businesses operating 部分125 size airplanes would have been required to undertake the burdensome process of obtaining an operating certificate and operating specifications.
FAA has implemented a policy that prohibits the issuance of “full” or “blanket” LODAs which allow deviations from all provisions of 部分125. 联邦航空局可能会发布“部分”偏差授权, meaning that businesses operating 部分125 size airplanes will need to comply with all applicable safety and maintenance requirements under 部分125. The FAA asserts that this policy is required by section 125.FAR中的3个, which states that deviation authority may be granted only from “specified sections” of 部分125.
2006年7月，美国联邦航空局发布了8700号通知.46, “Letters of 偏差的权威 to Deviate from the Certification and Operations Specification Requirements of 部分125”. The Notice did allow partial deviations for private operations, yet instituted new restrictions which were of concern to NBAA. 特别是, NBAA was concerned that the FAA might be taking the position that partial deviation authority from 部分125 does not allow businesses to conduct the types of flights permitted under section 91.501架FARs. 在91以下允许的操作的例子.501年:比如, 交换, 共同所有权, 示范飞行, 以及附属团体费用报销. The FAA defines these operations as commercial because charges or compensation can be allowed. It appeared that the FAA would only allow non-commercial operations to be conducted by 运营商 with partial deviation authority from 部分125.
NBAA met with FAA officials on a number of occasions to discuss the concerns raised by Notice 8700.46. As a result of these meetings, the FAA agreed to revise 8700.然后重新发布一个新的通知, 在其他方面, provide 运营商 of 部分125 size airplanes additional time to comply with the notice.
On December 21, 2006, the FAA issued revised 8000号通知.345 which addresses many of the concerns raised by NBAA. 通知中讨论了以下要点:
- 在6月21日, 2007, each LODA holder should present a written plan to its FAA office that outlines how the operator will comply with the requirements of each section of 部分125 as listed in the LODA (template A125). 如果某一特定部分要求有偏差, the operator must describe methods that will be used to ensure an equivalent level of safety is met.
- By March 31, 2008, the operator must be issued the new LODA with authorized deviations. 如果不能满足这个时间表, the LODA holder must petition for an extension within 30 days of the final March 30 deadline.
- The notice explains that while a LODA may be issued for noncommercial operations, it may also be issued when the operator conducts specific types of compensation operations not involving common carriage. 这些行动包括91岁以下允许的行动.501, 如:以, 交换, 共同所有权, 示范飞行, 以及附属团体费用报销.
NBAA encourages 运营商 of 部分125 sized aircraft to review this notice carefully, then meet with their Principal Inspectors early in the process to ensure compliance with above timeline. 除了, an NBAA working group is coordinating with the FAA to develop a list of deviations to 部分125 that will be entered into a national database. This will streamline the process for 运营商 when applying for partial deviations. (美国联邦航空局 8000号通知.345 is 取消了]
In 2003, the FAA organized an ARC to conduct a wide ranging review of FAR Parts 125 and 135. One of the working groups was charged with determining whether 部分125 should be completely rescinded. After reviewing the types of operations that currently take place under 部分125, the working group determined that it would not be appropriate to place all of these operations under another operating part of the FARs. The working group recommended that 部分125 remain in place and suggested the following modifications:
1. Private operations with 部分125 sized aircraft should be moved to Part 91. 为了适应这个, a new subpart would be created under Part 91 with safety improvements designed specifically for large aircraft.
2. Private carriage for hire operations would remain in 部分125 with limitations on the number of contracts and 部分125 certificate requirements for these operations
- 第125/135部分ARC建议 (PDF)
- Certification of Commercial 飞机操作 – Which Rules Apply? 马克·拉森，nba球员，杰拉德·墨菲，克罗威尔 & 早上(PDF)