3-5 subject to FAA review and validation to ensure they are adequate for the relief sought.
3.9.2 (O) Procedures. The (O) indicator stipulates an operations procedure intended to be followed for planning purposes or for operating with a deferred item. These procedures may be required for flight planning purposes and are normally accomplished by the flightcrew; however, other personnel may be qualified and authorized to perform certain functions (e.g., an inoperative Global Positioning System (GPS) unit requiring the flight plan to revert to following airways may be submitted by the flightcrew or a qualified dispatcher). Additionally, procedures may have to be developed for MEL items that affect the aircraft weight and balance (W&B), dispatch, or passenger/cargo loading
(e.g., procedures for additional personnel such as those involved with aircraft load control).
1. The (O) procedures may be fully depicted in the operator’s MEL or in another manual. If a procedure is contained in another manual, the MEL should provide specific reference to the current version of that manual. MEL (O) procedures are subject to FAA review and validation to ensure they are adequate for the relief sought.
2. During the MEL review and approval process, the operator may have to include additional instructions in its provisos to ensure that deferral procedures provide an ALoS.
3. The operator is responsible for accomplishing all (O) procedures in accordance with its MEL program.
3.9.3 Operator Developed (M) and (O) Procedures. Operators should develop procedures that appropriately address the type of operation conducted. The procedures can be more restrictive than the MMEL but can never be less restrictive than the MMEL.
3.10 Provisos. Provisos are terms, conditions, or limitations that the operator must comply with to operate an aircraft with an inoperative item. Provisos are listed in the “Remarks or Exceptions” column of an MEL and, if more than one proviso applies to a given item, are listed by a number or a lowercase letter. For example, a proviso may allow an item to be inoperative provided the aircraft is not operated in Extended Operations (ETOPS); or a proviso may require that an aircraft only be operated under visual flight rules (VFR) when a particular item is inoperative. In the operator’s MEL, the phrase “As Required by 14 CFR,” or any similar statements from the MMEL, will be replaced with the specific regulatory references or conditions under which an item may be inoperative.
3.11 Notes. Notes provide additional information for crewmember or maintenance consideration. Notes are used to identify applicable material, which is intended to assist with compliance, but do not relieve the aircraft operator of the responsibility for compliance with all applicable requirements. Additional notes may be amended, deleted, or added to the MEL by the aircraft operator, as appropriate, but must remain within the scope of this definition. Notes are not a part of the provisos.
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3.12 Definitions. MMEL PL-25 provides a list of definitions for use in MMELs and MELs .
For MELs, certain MMEL definitions may be edited or may be omitted if the element is not used in the operator’s MEL. MEL definitions will be tailored, as appropriate, including content and format, dependent upon the aircraft operator’s M/M of aircraft, type of installed items, and specific operation. However, the intent of the definition must be the same and cannot be less restrictive than the MMEL.
3.13 R eferences. The operator should research regulatory requirements in detail to develop the appropriate deferral limitations and conditions. Clarification of specific regulatory requirements will be included in each related proviso. Appendix A of MMEL PL-25 contains a list of regulatory references by ATA section. Operators may use MMEL PL-25 to identify the appropriate terminology to use in their MEL. An operator may include a reference to their FAA-approved or FAA-accepted manual that contains the procedure(s) required to address a particular MEL item. The MEL may only reference FAA-approved or FAA-accepted manuals. The following conditions apply when referencing manuals:
1. Manual reference(s) will be preceded by either a proviso(s) or specific instruction(s) defining the action required. A single proviso or specific instruction may have more than one manual reference associated with it.
2. Manual references will direct the reader to use the current revision of the subject manual. Actual revision level/date of the manual is not required to be listed in the MEL.
3. The operator’s MEL management program and manual system should include procedures for notifying the FAA when references within the MEL have changed. All changes to procedures in the MEL require an MEL revision and FAA approval of the MEL revision.
4. The proviso or specific instruction and manual reference in the MEL is considered the means of compliance for MEL purposes when the MEL is approved by the FAA.
Each procedure referenced is either FAA-approved or FAA-accepted, depending on the status of the manual referenced. For example, for “Remarks or Exceptions” which contain procedures, an operator could include a proviso or specific instruction to secure or isolate an item in accordance with a specific chapter, section, task, or paragraph of the referenced manual. The instructions and the reference to the manual is the means of compliance.
Note: A change to any procedure listed in an MEL (in the event that an operator lists procedures in the MEL instead of providing references to other approved or accepted manuals) will be evaluated and approved as part of the MEL revision.
References in the MEL to maintenance procedures contained in an approved or accepted manual may contain language such as “Deactivate and lock start valve in the closed position according to current version of AMM 80-12-14-201A.” Such language will be approved as part of the original submission of the MEL and will remain approved as long as the reference is valid. An operator may make changes to the referenced AMM procedure without subsequent MEL approval. The FAA does not need to reapprove an MEL as a result of a change in a procedure in a referenced approved or accepted manual.
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3.14 Specific 14 CFR Requirements. “As required by 14 CFR” or any similar statement is prohibited in an operator’s MEL. MEL deferrals based on MMEL items that may be inoperative “unless required” by 14 CFR will contain specific details of the relevant regulatory requirements. For example, an MMEL general “Remarks or Exceptions” for distance measuring equipment (DME) states “As required by 14 CFR.” An acceptable MEL “Remarks or Exceptions” would be “May be inoperative provided flight remains below FL 240.”
4-1 CHAPTER 4. MEL RELIEF FOR ITEMS INSTALLED AFTER TYPE
CERTIFICATION
4.1 General. The aircraft design approval holder (DAH) determines the configuration of the aircraft, the items installed, and the official parts listed during the initial aircraft type certification process conducted at the time of manufacture. Any subsequent installation or removal of items may be accomplished only through a Supplemental Type Certificate (STC), an Engineering Order (EO), a Field Approval, or other FAA-approved methods (as appropriate).
4.2 Operator NEF Items or Administrative Control Items (ACI). Items listed on an operator’s NEF program and ACIs are excluded from the requirements for evaluation, as listed in this chapter.
4.3 MMEL Items and MEL Items. For an item to be listed in an operator’s MEL, it should first be listed in the MMEL, as the MMEL is the basis for an operator’s MEL. (The only exceptions are MEL relief added through an MMEL PL with a Global Change (GC) designation or an Aircraft Evaluation Division (AED) approval letter, as these are considered addendums to the MMEL.)
4.3.1 Example. If an operator wants to add an item to its MEL, such as a flight management system (FMS) or an autopilot, then that item should first appear in the applicable aircraft’s MMEL as “FMS” or “Autopilot.”
4.3.2 Ite ms Not L isted in an MMEL. An operator may petition the AED to add items to the applicable aircraft’s MMEL through the Flight Operations Evaluation Board (FOEB) process. This may be accomplished through the operator’s responsible Flight Standards office or directly to the responsible AED office. An operator should be prepared to provide the information that the FOEB will need for this evaluation. See the list of needed items found in paragraph 4.6.
4.4 STC. A design change to a TC is often done with an STC. Ideally, MMEL/MEL relief can be evaluated during the STC certification when this is requested by the STC applicant.
4.4.1 Evaluation of MEL Relief During STC Certification. To obtain MMEL/MEL relief, the STC applicant involved in the certification of an STC should submit a request for relief in accordance with the FOEB MMEL Agenda Coordination Process (refer to FAA Order 8900.1, Volume 8, Chapter 2, Section 3, Flight Operations Evaluation Board, and AC 21-40, Guide for Obtaining a Supplemental Type Certificate). This submission should be made early in the certification process to allow MMEL/MEL evaluation concurrent with the certification process. Requests for relief subsequent to the completion of the certification process can delay the availability of MMEL/MEL relief for an item.
4.4.2 MME L PL. MMEL PL-109, Supplemental Type Certificate (STC) MMEL/MEL Relief Process, provides amended guidance regarding MMEL/MEL relief for items installed on an aircraft that affected the aircraft’s type certificate (TC) and to any change to the TC when MMEL/MEL relief is sought. Flight Standards updated this policy to allow
4-2 operators to work with their responsible Flight Standards office to obtain relief for unevaluated STC items as described in this chapter. Operators are no longer required to petition the STC or design holder for relief.
4.5 Adding Relief for Items Installed After Type Certification. STCs issued without concurrent AED evaluation may be granted relief by request from the operator to the FAA. Additional information may be found in Order 8900.1, Volume 4, Chapter 4, Section 3, MEL Re quirements for 14 CFR Parts 91K, 121, 125, 125 LODA, and 135 Operations. STCs already listed by STC number in the applicable aircraft MMEL or in an AED approval letter may be added to the operator’s MEL through the normal revision process without further evaluation. However, a principal inspector (PI) may coordinate with the AED during this process, as needed. Using the normal revision process found in Chapter 9, MEL Revi sions, of this AC, an operator may add relief for items to its MEL through any of the following solutions:
4.5.1 MMEL Specifically Lists the Relief. Where the MMEL lists the specific STC number
(e.g., ST00733SE) or identifies the specific design change nomenclature (other than STCs), an operator may add the relief to its MEL.
4.5.2 Design Change Approval Letters. Upon evaluation and approval of a design change, the AED will submit an approval letter directly to the FAA’s DRS. Operators may access these approval letters at https://drs.faa.gov/ under “MELs and AED Guidance Documents,” “STC Relief Approval Letters.” The approval letter will contain the allowed relief, including conditions and provisos, along with remarks or exceptions. Approval letters will be dated and have revision numbers. Operators may amend their MEL(s) with the relief for the STC(s) in accordance with the AED approval letter. Paper copies of the AED approval letter are also acceptable in lieu of the DRS database.
4.5.3 MEL Relief T hrough MMEL PL With GC Designation. Operators may add relief into their MEL(s) for an STC through an MMEL PL with a current GC designation. However, upon the AED evaluation of the item (if an evaluation is conducted), operators may have to amend or remove previously approved relief in their MEL(s). See Chapter 9 for additional information on GC.
4.5.4 Responsible Flig ht Standards Office’s Relief Evaluation. If the proposed relief is not covered by one of the three solutions immediately above and the MEL item is listed generically in the MMEL, the item may be evaluated by the responsible Flight Standards office. Additional information may be found in Order 8900.1, Volume 4, Chapter 4, Section 3. To add MEL relief using this method, the following points should be considered:
1. T he basic item needs to be found in the applicable aircraft’s MMEL (e.g., FMS, autopilot, passenger seat). If not, the AED must complete the evaluation.
2. The operator’s Safety Management System (SMS) (as applicable) reveals that the proposed relief does not present a hazard to the operator’s use of the relief.
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3. The PIs conducting the evaluation may consult with the STC holder, AED, Original Equipment Manufacturer (OEM), and other stakeholders during their evaluation of the operator’s proposal.
4. If the item was previously evaluated by the AED and relief was not granted, the item is not eligible for evaluation by the responsible Flight Standards office.
5. If the PI believes a hazard exists with the operator’s proposal, the item is not eligible for relief.
4.6 Items Needed for Evaluation of Design Changes. Each proposed operator MEL relief item should have accompanying supporting justification before it will be considered. The information needed by the FAA allows a thorough evaluation of the risk associated with operating the aircraft with the item inoperative. The FAA may reject an item proposal if the justification information is inadequate. At a minimum, the following information should accompany all item proposals:
1. The title and number of the proposed MMEL item;
2. A brief description of the system and its intended functions;
3. A summary of the proposed MMEL relief;
4. A brief description of intent;
5. The effect of dispatching a flight with this inoperative item;
6. The operating rule(s) that requires the item to be operative, as applicable;
7. The transfer of function when the item is inoperative;
8. The next most critical failure;
9. The effect on increased flightcrew workloads (including risk mitigations);
10. The certification requirements for the item;
11. Any conflicts with Airplane Flight Manual (AFM) limitations, procedures, or Airworthiness Directives (AD);
12. If the item affects or is required to accomplish an emergency procedure;
13. The effect on aircraft capability in an emergency;
14. Maintenance (M) and Operations (O) procedures required for the proposed dispatch condition;
15. Any information that adds support to the proposal (e.g., wiring diagrams, schematic drawings, or STC documents); and
16. Any other information requested by the FAA before or during the evaluation.
5-1 CHAPTER 5. MEL MANAGEMENT PROGRAM REQUIREMENTS
5.1 General. Each operator will develop and maintain a comprehensive program for managing the repair of items listed in the FAA-approved MEL. An operator’s MEL management program is required by Operations Specification (OpSpec)/Management Specification (MSpec) D095, Minimum Equipment List (MEL) Authorization, issued by the FAA to authorize an operator to use an MEL.
5.2 MEL Management Program. The MEL management program should include at least the following:
1. A method for tracking the date and, when required, the time an item was deferred and subsequently repaired. This should include a supervisory review of:
a. The number of deferred items per aircraft; and
b. Each deferred item to determine:
• The reason for any delay in repair,
• The length of the delay, and
• The estimated date the item will be repaired.
2. A plan for managing the materials, personnel, facilities, and aircraft to ensure timely corrective action.
3. Processes to ensure parts availability.
4. A description of specific duties and responsibilities, by job title, of the personnel who manage the MEL program.
5. Procedures for controlling an extension to specified repair intervals as permitted by the operator’s OpSpec/MSpec to include the limit of the extension and the procedures for authorizing an extension.
5.3 Continuing Authorization—Single Extension. For operations conducted under part 91K, 121, 125, or 135, OpSpec/MSpec D095 authorizes an operator to use a continuing authorization-single extension to approve a single, one-time extension to the repair interval for repair category B and C items only, as specified in the FAA-approved MEL.
5.3.1 OpSpec/MSpec D095 requires each operator’s MEL management program to contain procedures for controlling extensions to item repair intervals. Procedures for the method by which the operator approves a continuing authorization-single extension will be included.
5.3.2 Under OpSpec/MSpec D095, an operator is not authorized to use a continuing authorization-single extension for repair category A or D items.
5.3.3 Under OpSpec/MSpec D095, the operator should notify its responsible Flight Standards office within 24 hours of approving a continuing authorization-single extension.
5-2 Note: The FAA may deny the use of the continuing authorization-single extension privilege if abuse is evident.
5.4 Additional Extensions. After the operator has exercised its one-time extension of a repair category B and C item, approval for additional extensions can only be obtained by submitting a request to the responsible Flight Standards office. An extension to a repair interval may not exceed the time of the original repair interval. For example, a repair category B item with a repair interval of 3 consecutive calendar days may only be extended up to an additional three consecutive calendar days. In rare cases, some additional extensions may be authorized by coordination with Safety Standards divisions.
Operators may request extensions to category A and D items by contacting their responsible Flight Standards office.
6-1 CHAPTER 6. CONDUCTING OPERATIONS UTILIZING MEL RELIEF
6.1 General. Parts 91K, 121, 125, and 135 operators’ flightcrew, operational control, and maintenance personnel need to clearly understand the regulatory requirements associated with conducting operations in accordance with their FAA-approved MEL.
6.1.1 A pplicability . MEL item relief may be applied to an MEL item newly identified as inoperative up until takeoff. Takeoff is defined as the act of beginning a flight in which an aircraft is accelerated from a state of rest to that of flight. For the purposes of MEL relief, this means the point at which power is applied to initiate the takeoff from the runway or takeoff surface.
6.1.2 O perator Regulatory Responsibility . Operators must comply with all applicable FAA requirements.
6.1.3 Ite m Failures During Push -Back, Taxi, After Gate or Ramp Departure, Prior to Takeoff.
The MEL does not allow a flight to continue “as dispatched,” as any discrepancy discovered before takeoff must be addressed by repair or deferral. The MEL allows a discrepancy to be addressed by deferral for a specified period. The aircraft should be redispatched with the item of equipment inoperative, and a revised dispatch release, if required, issued showing the deferred item. An operator’s MEL management program and general manual should include the policies and procedures required to ensure an aircraft does not take off with inoperative items until the MEL deferral process has been completed. If the MEL procedures for a specific item require a mechanic’s inspection, takeoff would be prohibited until the required inspection is completed.
6.1.4 Ite m Failures A fter Takeoff. MEL relief does not apply for item failures occurring after takeoff. After takeoff, flightcrews should handle item failures in accordance with the Airplane Flight Manual (AFM)/Rotorcraft Flight Manual (RFM) and the operator’s approved procedures and checklists. However, any item failure that occurs after takeoff must be addressed before the subsequent takeoff in accordance with § 91.213.
6.2 Operational Requirements.
6.2.1 Airworthiness. Section 91.7 prohibits operation of an aircraft that is not airworthy.
Sections 121.605 and 125.355 prohibit any person from dispatching or releasing an aircraft unless it is airworthy, and § 135.143 prohibits operating an aircraft unless the aircraft and required instruments and equipment have been approved and are in an operable condition. In all cases, the operator, pilot in command (PIC), aircraft dispatcher (part 121 domestic and flag), or person authorized to exercise operational control by the operator (part 121 supplemental) are all responsible for ensuring the aircraft is dispatched/released and operated in an airworthy condition.
6.2.2 F ulfillment of Regulatory Responsibility . Each operator should provide a process for persons authorized to exercise operational control (PIC, dispatcher, flight follower, Director of Operations (DO), Operations Control Specialist, or person authorized by the DO, as applicable) to fulfill their regulatory responsibility to ensure an aircraft is not dispatched or released unless it is airworthy.
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6.2.3 Operations With Inoperative Instruments. Under the provisions of §§ 91.1115, 121.628,
125.201, and 135.179, operations with inoperative instruments or equipment may be conducted with an FAA-approved MEL and MEL management program. This may be accomplished through a maintenance control organization that is responsible for verifying airworthiness and providing MEL information to the person authorized to exercise operational control before the aircraft is entered into service.
6.3 Dispatch or Flight Release Requirements. In part 121 operations, both a dispatch and a flight release specify the conditions for origination or continuation of a particular flight.
For this reason, the MEL information should be included on the dispatch or flight release, and the flight planned to account for any limitations, such as system, flight restrictions, or performance limitations imposed by the deferral stipulations of the MEL. Examples of operational limitations include, but are not limited to:
1. Altitude restrictions.
2. Cabin pressure limitations.
3. Temperature limitations.
4. Performance capabilities.
5. Weight restrictions.
6. Fuel penalties and limitations.
7. Navigational limitations.
8. Communication limitations.
9. Weather restrictions (including ice and rain limitations).
10. Cargo loading (including locks and nets) or cargo heating limitations.
11. Flight control limitations.
12. Landing gear restrictions, including braking and steering.
13. Auto flight capabilities.
14. Electrical power limitations.
15. Extended Operations (ETOPS) limitations (when applicable).
16. Lighting restrictions.
17. Oxygen system limitations.
18. Information system limitations.
19. Auxiliary power limitations.
6.3.1 Item Failures that Occur After the Issuance of a Dispatch or Flight Release–Parts 91K, 121, 125, and 135. When a dispatch or flight release is used, operators should have policies and procedures in place for the dispatcher, person authorized to exercise operational control, and the PIC to amend the dispatch or flight release when an MEL item is deferred after the dispatch or flight release has been issued. Those procedures
6-3 should include procedures to update the flight plan to include limitations that are imposed by an MEL.
6.3.2 Ite m Failures T hat Occur After an Aircraft Departs the Gate or Ramp Area, During Push-Back, Taxi, or Prior to Takeoff. In accordance with § 91.213, each operator’s MEL management program must include procedures for the PIC to communicate with the person authorized to exercise operational control and the maintenance organization to determine which of the following actions is required:
6.3.2.1 R eturn for Repairs. If an inoperative item is not included in the MEL or the inoperative item could affect the safety of flight due to circumstances such as weather, performance, weight and balance (W&B), or fuel limitations, the aircraft must return to the gate or ramp area for repairs, in accordance with § 91.213.
6.3.2.2 Return to Accomplish Maintenance (M) and Operations (O) Procedures.
PICs, dispatchers, or persons authorized to exercise operational control may determine that an inoperative item may be deferred and the appropriate (M) or (O) procedures accomplished in accordance with the operator’s approved MEL and MEL management program.
6.3.2.3 Flightcrew Accomplishment of Certain MEL Procedures. An operator may develop, and the FAA may approve, procedures that permit flightcrew members to accomplish MEL deferrals in coordination with the operator’s dispatch and maintenance organization, without returning to the gate or ramp area prior to takeoff. These procedures will be part of the operator’s MEL management program to ensure all applicable procedures are accomplished by appropriately qualified personnel and that all conditions and limitations associated with an MEL item are satisfied.
1. Coordination between flightcrew and the maintenance organization may not involve directed troubleshooting or other forms of system fault diagnosis beyond what is specifically approved in the operator’s MEL management program procedures.
2. Only qualified maintenance personnel may perform troubleshooting or fault diagnosis necessary to determine suitable MEL relief, unless otherwise approved.
3. Any time an MEL item results in operational limitations such as those affecting aircraft performance and altitude capabilities or weight or fuel restrictions, the dispatcher or person authorized to exercise operational control will recalculate a new flight plan and issue a new or amended dispatch or flight release.
6.4 Multiple Inoperative Items or System Components. Because an inoperative component in one system can affect the operation, or limit the inoperability of a component in another system, operator’s personnel should be aware of the impact that
6-4 multiple item failures and deferrals can have on the safety of flight. This includes the consideration of possible additional item failures while an aircraft is en route.
6.5 Availability of the MEL to Operator Personnel. Parts 91K, 121, 125, and 135 require that flightcrews have direct access to the MEL at all times prior to takeoff. Indirect methods of providing access such as telephone, radio, or data link are not acceptable. The method of providing access is part of the operator’s MEL management program.