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736
14 CFR Ch. I (1–1–14 Edition)
§ 91.213
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 FAA
Flight Standards district office having
jurisdiction over the area in which the
operator is located, authorizing oper-
ation of the aircraft under the Min-
imum Equipment List. The letter of
authorization may be obtained by writ-
ten request of the airworthiness certifi-
cate holder. The Minimum Equipment
List and the letter of authorization
constitute a supplemental type certifi-
cate 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
regulations under which the aircraft
was type certificated;
(ii) Indicated as required on the air-
craft’s equipment list, or on the Kinds
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