(a) Except as specified in § 121.393 and § 121.394, each certificate holder must provide at least the following flight attendants on board each passenger-carrying airplane when passengers are on board:
(1) For airplanes having a maximum payload capacity of more than 7,500 pounds and having a seating capacity of more than 9 but less than 51 passengers—one flight attendant.
(2) For airplanes having a maximum payload capacity of 7,500 pounds or less and having a seating capacity of more than 19 but less than 51 passengers—one flight attendant.
(3) For airplanes having a seating capacity of more than 50 but less than 101 passengers—two flight attendants.
(4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.
(b) If, in conducting the emergency evacuation demonstration required under § 121.291 (a) or (b), the certificate holder used more flight attendants than is required under paragraph (a) of this section for the maximum seating capacity of the airplane used in the demonstration, he may not, thereafter, take off that airplane—
(1) In its maximum seating capacity configuration with fewer flight attendants than the number used during the emergency evacuation demonstration; or
(2) In any reduced seating capacity configuration with fewer flight attendants than the number required by paragraph (a) of this section for that seating capacity plus the number of flight attendants used during the emergency evacuation demonstration that were in excess of those required under paragraph (a) of this section.
(c) The number of flight attendants approved under paragraphs (a) and (b) of this section are set forth in the certificate holder's operations specifications.
(d) During takeoff and landing, flight attendants required by this section shall be located as near as practicable to required floor level exits and shall be uniformly distributed throughout the airplane in order to provide the most effective egress of passengers in event of an emergency evacuation. During taxi, flight attendants required by this section must remain at their duty stations with safety belts and shoulder harnesses fastened except to perform duties related to the safety of the airplane and its occupants.
[Docket 2033, 30 FR 3206, Mar. 9, 1965]
Editorial Note:For Federal Register citations affecting § 121.391, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Bernstein v. Virgin Am., Inc., 227 F. Supp. 3d 1049 (N.D. Cal. 2017).
“See 14 CFR §§ 121.391 , 121.393, 121.394. . Despite this clear prohibition against averaging to meet minimum wage requirements, Virgin argues that "there is no evidence that when applying the number of credits received for each Duty Period against their hours worked for the Duty…”
Harriss v. Pan Am. World Airways, Inc., 437 F. Supp. 413 (N.D. Cal. 1977).
“14 C.F.R. § 121.391 . F.A.A. regulations also require air carriers: (1) to locate flight attendants near exits and distribute them in the aircraft “in order to provide the most effective egress of passengers in event of an emergency evacuation,” 14 C.”
Gardner v. Nat'l Airlines, Inc., 434 F. Supp. 249 (S.D. Fla. 1977).
“14 C.F.R. § 121.391 (a). This is not the only impact of the policy, however, which falls disproportionately upon females.”
Donovan v. Am. Airlines, Inc., 514 F. Supp. 526 (N.D. Tex. 1981).
· cites it 2× “Federal aviation regulations provide that the persons constituting the minimum complement of flight attendants required by 14 C.F.R. § 121.391 must have received the training specified by those subsections of 14 C.”
Allegheny Airlines, Inc. v. Fowler, 261 F. Supp. 508 (S.D.N.Y. 1966).
“Under the authority of 14 C.F.R. §§ 121.391 and 121.393 plaintiffs are required to employ flight attendants or stewardesses to provide for the comfort, safety and convenience of their passengers on air craft operated pursuant to their certificates.”
Air Transp. Ass'n of Am. Inc. v. Healey (D. Mass. 2023).
“After takeoff, flight attendants are tasked 3 For example, there must be at least one flight attendant for every 50 seats, 14 C.F.R. § 121.391 , and there must be at least two pilots if the plane is “type certificated for more than one required pilot,” is a large plane, or is a…”
De Larancuente v. Am. Airlines, Inc. (E.D.N.Y 2022).
“6 Though Krongelb’s testimony has been excluded, I briefly address plaintiff’s reliance upon two sections of the Code of Federal Regulations, 14 CFR §§ 121.391 and 121.394, which are cited by Krongelb in his report.”
Anna Botz v. Omni Air Int'l. (8th Cir. 2002).
“See 14 C.F.R. § 121.391 (2001) (specifying the minimum number of flight attendants required during flight for each of several classes of passenger aircraft); id.”
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