749 

Federal Aviation Administration, DOT 

§ 91.213 

necessitated by loss of cabin pressur-
ization; and 

(ii) At flight altitudes above flight 

level 350 unless one pilot at the con-
trols of the airplane is wearing and 
using an oxygen mask that is secured 
and sealed and that either supplies ox-
ygen at all times or automatically sup-
plies oxygen whenever the cabin pres-
sure altitude of the airplane exceeds 
14,000 feet (MSL), except that the one 
pilot need not wear and use an oxygen 
mask while at or below flight level 410 
if there are two pilots at the controls 
and each pilot has a quick-donning 
type of oxygen mask that can be placed 
on the face with one hand from the 
ready position within 5 seconds, sup-
plying oxygen and properly secured and 
sealed. 

(2) Notwithstanding paragraph 

(b)(1)(ii) of this section, if for any rea-
son at any time it is necessary for one 
pilot to leave the controls of the air-
craft when operating at flight altitudes 
above flight level 350, the remaining 
pilot at the controls shall put on and 
use an oxygen mask until the other 
pilot has returned to that crew-
member’s station. 

§ 91.213

Inoperative instruments and 

equipment. 

(a) Except as provided in paragraph 

(d) of this section, no person may take 
off an aircraft with inoperative instru-
ments or equipment installed unless 
the following conditions are met: 

(1) An approved Minimum Equipment 

List exists for that aircraft. 

(2) The aircraft has within it a letter 

of authorization, issued by the respon-
sible Flight Standards office, author-
izing operation of the aircraft under 
the Minimum Equipment List. The let-
ter of authorization may be obtained 
by written request of the airworthiness 
certificate holder. The Minimum 
Equipment List and the letter of au-
thorization constitute a supplemental 
type certificate for the aircraft. 

(3) The approved Minimum Equip-

ment List must— 

(i) Be prepared in accordance with 

the limitations specified in paragraph 
(b) of this section; and 

(ii) Provide for the operation of the 

aircraft with the instruments and 
equipment in an inoperable condition. 

(4) The aircraft records available to 

the pilot must include an entry de-
scribing the inoperable instruments 
and equipment. 

(5) The aircraft is operated under all 

applicable conditions and limitations 
contained in the Minimum Equipment 
List and the letter authorizing the use 
of the list. 

(b) The following instruments and 

equipment may not be included in a 
Minimum Equipment List: 

(1) Instruments and equipment that 

are either specifically or otherwise re-
quired by the airworthiness require-
ments under which the aircraft is type 
certificated and which are essential for 
safe operations under all operating 
conditions. 

(2) Instruments and equipment re-

quired by an airworthiness directive to 
be in operable condition unless the air-
worthiness directive provides other-
wise. 

(3) Instruments and equipment re-

quired for specific operations by this 
part. 

(c) A person authorized to use an ap-

proved Minimum Equipment List 
issued for a specific aircraft under sub-
part K of this part, part 121, 125, or 135 
of this chapter must use that Minimum 
Equipment List to comply with the re-
quirements in this section. 

(d) Except for operations conducted 

in accordance with paragraph (a) or (c) 
of this section, a person may takeoff an 
aircraft in operations conducted under 
this part with inoperative instruments 
and equipment without an approved 
Minimum Equipment List provided— 

(1) The flight operation is conducted 

in a— 

(i) Rotorcraft, non-turbine-powered 

airplane, glider, lighter-than-air air-
craft, powered parachute, or weight- 
shift-control aircraft, for which a mas-
ter minimum equipment list has not 
been developed; or 

(ii) Small rotorcraft, nonturbine- 

powered small airplane, glider, or 
lighter-than-air aircraft for which a 
Master Minimum Equipment List has 
been developed; and 

(2) The inoperative instruments and 

equipment are not— 

(i) Part of the VFR-day type certifi-

cation instruments and equipment pre-
scribed in the applicable airworthiness 

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