Below is the only legal interpitation I could find on the 121.549 "Flashlight " issue. The Short answer: the Equivalent to a two "D" cell flash light is " must be left to Flight Standards or the Engineering Division to determine."
( the below letter contains only the portion for the equivelent issue).
JAFI
____________________________-
April 10, 1992
AEA-7
This is in response to a request for assistance dated October 11, 1991, from Loretta E. Alkalay, Assistant Chief Counsel, Eastern Region, to Richard C. Beitel, Manager, Operations Law Branch, Regulations and Enforcement Division. The request involves the interpretation of Federal Aviation Regulations (FAR) Sec. 121.391(d), 121.549(b) and 91.503(a). For your convenience the applicable sections of the FAR are listed separately below followed by the specific questions and our interpretation.
Question:
Is there a policy letter regarding the interpretation of this regulation?
Answer:
AFS-200 furnished the attached letter dated August 18, 1976, written by R. L. Collie. You may ask AFS-200 whether it is considered a policy letter.
FAR Sec. 91.503(a): The pilot in command of an airplane shall ensure that the following equipment and aeronautical charts and data, in current and appropriate form, are accessible for each flight at the pilot station of the airplane:
(1) A flashlight having at least two size "D" cells, or the equivalent, that is in good working order.
Question:
What is the equivalent of 2 size "D" cells?
Answer:
The technical equivalent of 2 size "D" cell batteries must be left to Flight Standards or the Engineering Division to determine. A historical review of FAR Sec. 91.503(a)(1) indicates that the proposed language used in the Notice of Proposed Rulemaking (NPRM) 71-32, originally read "A flashlight in good working order." After receiving comments to NPRM 71-32, Sec. 91.183(a)(1), the predecessor to Sec. 91.503(a)(1), was changed to its present language to preclude the use of a penlight or other inadequate light as a substitute for the type of flashlight normally carried on an airplane for emergency use. Presumably, the drafters and some commenters of the regulation were concerned that the word "flashlight" alone was inadequate and that a flashlight used in an emergency situation should have equal light producing capability and should, as a minimum, meet certain intensity and endurance standards which should result in a light output similar to that provided by a flashlight having 2 size "D" cell batteries. The regulatory history, however, is silent as to a specific standard provided for flashlights having 2 size "D" cell batteries. The engineers therefore, should examine the requirement and determine the standard of performance necessary to meet what the drafters had in mind when they added the additional language to the final rule.
This interpretation has been prepared by Francis C. Heil, Attorney, Operations Law Branch; Richard C. Beitel, Manager, and has been coordinated with the Air Transportation Division of the Flight Standards Service. I hope this information satisfies your request.
Donald P. Byrne
( the below letter contains only the portion for the equivelent issue).
JAFI
____________________________-
April 10, 1992
AEA-7
This is in response to a request for assistance dated October 11, 1991, from Loretta E. Alkalay, Assistant Chief Counsel, Eastern Region, to Richard C. Beitel, Manager, Operations Law Branch, Regulations and Enforcement Division. The request involves the interpretation of Federal Aviation Regulations (FAR) Sec. 121.391(d), 121.549(b) and 91.503(a). For your convenience the applicable sections of the FAR are listed separately below followed by the specific questions and our interpretation.
Question:
Is there a policy letter regarding the interpretation of this regulation?
Answer:
AFS-200 furnished the attached letter dated August 18, 1976, written by R. L. Collie. You may ask AFS-200 whether it is considered a policy letter.
FAR Sec. 91.503(a): The pilot in command of an airplane shall ensure that the following equipment and aeronautical charts and data, in current and appropriate form, are accessible for each flight at the pilot station of the airplane:
(1) A flashlight having at least two size "D" cells, or the equivalent, that is in good working order.
Question:
What is the equivalent of 2 size "D" cells?
Answer:
The technical equivalent of 2 size "D" cell batteries must be left to Flight Standards or the Engineering Division to determine. A historical review of FAR Sec. 91.503(a)(1) indicates that the proposed language used in the Notice of Proposed Rulemaking (NPRM) 71-32, originally read "A flashlight in good working order." After receiving comments to NPRM 71-32, Sec. 91.183(a)(1), the predecessor to Sec. 91.503(a)(1), was changed to its present language to preclude the use of a penlight or other inadequate light as a substitute for the type of flashlight normally carried on an airplane for emergency use. Presumably, the drafters and some commenters of the regulation were concerned that the word "flashlight" alone was inadequate and that a flashlight used in an emergency situation should have equal light producing capability and should, as a minimum, meet certain intensity and endurance standards which should result in a light output similar to that provided by a flashlight having 2 size "D" cell batteries. The regulatory history, however, is silent as to a specific standard provided for flashlights having 2 size "D" cell batteries. The engineers therefore, should examine the requirement and determine the standard of performance necessary to meet what the drafters had in mind when they added the additional language to the final rule.
This interpretation has been prepared by Francis C. Heil, Attorney, Operations Law Branch; Richard C. Beitel, Manager, and has been coordinated with the Air Transportation Division of the Flight Standards Service. I hope this information satisfies your request.
Donald P. Byrne
