8-1 CHAPTER 8. FAA REVIEW AND INITIAL APPROVAL OF AN OPERATOR’S MEL
8.1 General. When an operator submits an MEL to the responsible Flight Standards office for approval, the Principal Operations Inspector (POI) will coordinate with the Principal Avionics Inspector (PAI), Principal Maintenance Inspector (PMI), and inspectors in other specialties as necessary during the approval process. The process of developing and obtaining FAA approval of an MEL can be viewed as a five-phase process: preliminary, submission, MEL review, MEL management program review, and approval and issuance of Operations Specification (OpSpec)/Management Specification (MSpec) D095, Minimum Equipment List (MEL) Authorization.
8.2 Preliminary. In the preliminary phase, the operator will consult with the principal inspectors (PI) regarding the requirements for initially developing an MEL. The PIs will discuss the operator’s type and scope of operations and advise the operator on how to find the current MMEL for their fleet(s).
8.3 Submission. Upon developing a draft of their proposed MEL, the operator will submit the MEL and associated documents to the FAA for review. The submitted material should be in a format that allows review and comment that is acceptable to the responsible Flight Standards office. Additionally, an MEL should be in a format that provides the FS office with the ability for thorough review and comment. The submission should include, at a minimum:
1. The proposed MEL.
2. The current equipment list for each aircraft make/model/series (M/M/S) that will be included in the MEL.
3. The MEL management program and its procedures, as required by OpSpec/MSpec D095.
4. MEL-related portions of the operator’s training program for flight and ground personnel and any associated guidance material.
5. Any manual(s) or document(s) that are referenced in the MEL and MEL management program, including:
a. Instructions for managing the repair of items listed in the MEL.
b. Policies and procedures for flightcrews to report mechanical irregularities.
c. Procedures for:
• Approving the aircraft for return to service (part 43, §§ 43.9 and 43.11); or
• Preparing the aircraft airworthiness release or the appropriate entry (§§ 91.1443, 121.709, 125.411, or 135.443).
d. Procedures for maintenance, preventive maintenance, and alterations.
e. Procedures for verification of aircraft airworthiness.
f. Inspection program requirements and procedures for required inspection personnel.
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8.4 Review and Findings of an Operator’s MEL Submission.
8.4.1 Initial Review. The PIs will conduct an initial review of the operator’s submittal to verify its completeness and will verify that submittal is detailed enough to permit a thorough evaluation. They will contact the operator if the proposed MEL package is incomplete or otherwise unacceptable.
8.4.2 C omprehensive Review. If the initial review is acceptable, the PIs will then conduct a comprehensive review. This review will normally be completed within 90 days from the initial review.
8.4.2.1 During the comprehensive review process, the MMEL is used as the primary reference document; however, the review will include verification that the MEL does not conflict with the applicable regulations of 14 CFR, the Airplane Flight Manual (AFM)/Rotorcraft Flight Manual (RFM), and the operator’s OpSpecs/MSpecs. Items that are not eligible for deferral, and therefore cannot be listed in the MEL, include:
• Type Certificate Data Sheet (TCDS) items.
• Any items required by the rules under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
• Instruments and equipment required for specific operations under the applicable operating rule(s)
• Any items required by Airworthiness Directives (AD).
8.4.2.2 The reviewers will verify, amongst other things, that:
1. The MEL format should contain sections and content, as listed in Chapters 2, Minimum Equipment List (MEL)—General, and 3, Minimum Equipment List (MEL)—Content.
2. The table of contents and pages are numbered according to the applicable Air Transport Association of America (ATA) or Joint Aircraft System/Component (JASC) numbering system.
3. The prescribed MEL preamble is used without modification (refer to MMEL PL-34).
4. The MEL contains all installed items listed in the MMEL for which relief is requested.
5. The MEL repair categories are not less restrictive than the MMEL.
6. The “Number Required” section agrees with the number installed, according to the current equipment list and is not less restrictive than the MMEL.
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7. The operator’s program includes a revision process to ensure that the MEL is revised when there are changes in the MMEL, including process instructions and a method for maintaining a current List of Effective Pages (LEP) of the MEL.
8. All abbreviations and symbols used in the MEL are defined.
9. The MEL “Remarks or Exceptions” column includes specific procedures in accordance with the requirements of the operating rules (e.g., parts 91K, 121, 135, etc.) under which the operator conducts its operation. The procedures should address what is required when a particular item is inoperative, any fleet configuration differences, and that the dispatch requirements are specified in sufficient detail. “Remarks or Exceptions” may not be general.
10. T he operator’s (M) and (O) procedures are fully developed.
8.5 MEL Management Program Review. The review of the operator’s submission will also verify that the operator’s MEL management program meets the requirements of OpSpec/MSpec D095 and the requirements of FAA Order 8900.1, Volume 4, Chapter 4, Configuration Deviation List (CDL) and Minimum Equipment List (MEL). The MEL management program should at least include:
1. A l i st of personnel responsible for MEL management.
2. A list of personnel authorized to defer maintenance in accordance with the MEL.
3. A description of specific duties and responsibilities, by job title, of the personnel who manage the MEL management program.
4. A description of training requirements for conducting MEL procedures.
5. Procedures for granting deferral authority.
6. Procedures for controlling an extension to specified repair intervals, as permitted by OpSpec/MSpec D095, to include the limit of the extension and the procedures to be used for authorizing an extension.
7. Instructions for the placarding of inoperative and removed items, including sample placards, as they would appear in service.
8. A plan for bringing together parts, maintenance personnel, and aircraft at a specific time and place for repair.
9. A review of items deferred because of the unavailability of parts to ensure that a valid back order exists with a firm delivery date.
10. A method that provides for tracking the date and, when appropriate, the time an item was deferred and subsequently repaired. The method should include a supervisory review of:
• The number of deferred items per aircraft; and
• Each deferred item to determine the reason for any delay in repair, length of delay, and the estimated date the item will be repaired.
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11. Procedures for control of MEL deferred maintenance items, including:
• Item procurement and distribution for the corrective action(s) associated with deferred items.
• Scheduling of corrective action(s), describing when and where maintenance is performed.
• Coordination between the operator’s maintenance, flight operations, and dispatch/operational control organizations regarding MEL conditions and limitations and any operational restrictions.
• Reporting and recording of the deferred MEL item and the subsequent repair or replacement of the item.
8.6 Correction of Deficiencies. The operator will correct any deficiencies before the MEL and the MEL management program approval.
8.7 Approval and Issuance of OpSpec/MSpec D095. When the review verifies that the MEL complies with all applicable requirements, the POI will sign the MEL LEPs or the control page(s) as applicable, indicating MEL approval. Authorization to use the approved MEL is granted through the issuance of OpSpec/MSpec D095. If the operator has not been previously authorized to operate with an MEL, the PMI will issue OpSpec/MSpec D095. The responsible Flight Standards office will maintain a copy of each current MEL, provided to the FAA by the operator.
9-1 CHAPTER 9. MEL REVISIONS
9.1 General. Either the FAA or the operator may initiate revisions to an MEL. All MEL revisions require approval from the Principal Operations Inspector (POI) per § 91.213.
9.2 FAA-Initiated Revisions. An operator’s MEL can be revised due to FAA actions, revision to the MMEL, a Global Change (GC) in an MMEL PL, or a request from the operator’s responsible Flight Standards office. There are two types of MMEL revisions:
nonmandatory/interim and mandatory/standard.
9.2.1 No n -Mandatory/Interim MMEL Revision.
9.2.1.1 Applicability. A nonmandatory/interim MMEL revision is optional and an operator has discretion on revising or not revising its MEL in light of the non-mandatory/interim MMEL revision.
9.2.1.2 Numbering. A nonmandatory/interim MMEL revision is identified by the current standard revision number plus a lowercase letter. For example, a non-mandatory/interim revision following Revision 5 will be identified as Revision 5a. There may be subsequent interim revisions to the same standard revision. These carry the next lowercase letter (e.g., 5b, 5c, 5d).
Note: The operator’s MEL revision number does not have to match the MMEL revision number. Operators may use their own revision numbering system.
9.2.2 M andatory/Standard MMEL Revision. A mandatory/standard MMEL revision is compulsory under § 119.51 and includes changes that are applicable to all operators using an approved MEL for a specific aircraft make and model (M/M). All operators should amend their MELs by following these standards:
9.2.2.1 A pplicability. If a mandatory/standard MMEL revision is not applicable to an operator, the operator will document the inapplicability in a form that is acceptable to the POI. The operator will then reissue the MEL control page and will indicate that the MEL is in compliance with the required MMEL revision.
9.2.2.2 Numbering. A mandatory/standard MMEL revision is numbered with the next successive change to the basic MMEL revision number. For example, the next mandatory/standard revision following non-mandatory/interim Revisions 6a or 6b is Revision 7.
9.2.2.3 Submission and Review Time Table. Operators should incorporate MMEL changes into their MEL and submit them for review and approval within 90 days of the MMEL revision date. In the case where relief for an item is removed from an MMEL, there may be a more restrictive time requirement for an operator to revise its MEL to remove the relief. If at any time an operator does not take active steps to revise its MEL, the POI may initiate the
9-2 process to remove the MEL operations specification (OpSpec)/management specification (MSpec) authorization in accordance with applicable regulations.
Principal inspectors (PI) will complete the MEL review and approval process within 90 days of receiving the MEL revision from the operator.
9.2.2.4 Restrictive Categories or Provisos. If an MMEL revision results in a more restrictive repair category or proviso, the operator does not have to close and reinitiate an existing open MEL item affected by the revision. Existing MEL items may remain open in accordance with the original repair category and proviso under which the item was initially deferred until such time as the item is repaired and the MEL item is closed. If an MMEL revision results in a change to the system or sequence item number, the operator does not have to close an open MEL item and reinitiate it under its new number. Instead, the item may continue to be tracked under its original item number until the repair category interval is reached.
9.2.3 M MEL PL GC . A GC is newly developed or changed MMEL relief for an item which may or may not be time sensitive. The sole purpose of a GC designation is to allow operators to obtain timely MEL relief for installed items referenced in an MMEL PL prior to the release of a revised MMEL. Operator incorporation of a GC is optional.
9.2.3.1 A pplicability. GCs are applicable to all or a large number of MMELs and will describe its applicability (inclusion or exclusion) when it does not apply to all aircraft types. GCs may be used to provide immediate relief for items required by a new regulatory requirement, FAA policy change, or new technology.
9.2.3.2 Numbering. GCs are identified by the letters “GC” after the MMEL PL revision number on the title page. For example: “MMEL Policy Letter (PL)-54, Revision 10 GC”.
9.2.3.3 Frequency of Publication and Life Span. GCs will not typically occur in great number or regularity and their application and use is normally limited.
Most GCs have an expiration date and the relief granted by the GC may only be exercised in an operator’s MEL before the GC expires. It is expected that the applicable aircraft’s MMEL will be amended with the relief contained in the MMEL PL GC before the expiration of the GC designation. GCs may be extended by the FAA’s initiative or upon request by the Flight Operations Evaluation Board (FOEB) Chair. The Office of Safety Standards division responsible for the PL is the approving authority for all GC extension requests. Although a GC designation may expire, the PL itself is still applicable until amended or archived.
9.2.3.4 Review and Approval. The POI has the authority to approve the operator’s MEL revision on the basis that the GC is an approved addendum to the existing MMEL.
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9.2.3.5 Header Box. A GC will contain a header box that will explain its applicability. The header box will also contain requirement(s) on how to apply the sample proviso(s) of the GC to an operator’s MEL. See Figure 9-1 below for an example of a GC header box.
Figure 9-1. Example Global Change Header Box
MMEL GLOBAL CHANGE (GC) This is an approved addendum to all existing MMEL documents. Operators may seek use of the specific relief contained in this PL by revising their minimum equipment list (MEL). In doing so, each applicable sample proviso stating the relief in this PL must be copied verbatim in the operator’s MEL. Approval of a revised MEL is gained utilizing established procedures, through the operator’s assigned Principal Operations Inspector (POI).
9.2.4 Revisions Initiated by a Flight Standards Service (FS) Office. The operator’s responsible Flight Standards office may require the operator to initiate an MEL revision for reasons such as the issuance of an Airworthiness Directive (AD), discovery of deficiencies in the operator’s MEL (including Maintenance (M) and Operations (O) procedures) or when the operator modifies their fleet. The operator’s responsible Flight Standards office will inform the operator in writing of the need to revise their MEL, including the reason(s) for the required revisions. The operator is allowed 90 days to complete the revision process.
The responsible Fight Standards office may specify a lesser period if the PIs determine that safety of flight could be affected.
9.3 Operator-Initiated Revisions. An operator-initiated MEL revision may not be less restrictive than the MMEL. An operator may revise their MEL for a number of reasons such as aircraft modifications, installation of additional equipment, changes in types of operation, or changes in maintenance or operational procedures. Operators may also revise their MEL due to suggestions or findings from their safety programs, such as Safety Management System (SMS) or Aviation Safety Action Program (ASAP).
9.3.1 Major Aircraft Modifications. An operator may need to initiate an MEL revision due to major aircraft modifications, such as a Supplemental Type Certificate (STC), a major alteration (FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance)), or a modification to the type certificate (TC). (See Chapter 4, MEL Relief for Items Installed After Type Certification, for design changes to a TC.)
9.3.2 In stallation of Additiona l Items. An operator may initiate a change based on the installation of additional items. An operator may only add an item to their MEL if it is included in the MMEL. If an operator desires relief for an item that is not included in the MMEL, the operator may request an MMEL revision from the FOEB Chair, through their PI or directly through the Aircraft Evaluation Division (AED) (refer to FAA Order 8900.1 for information regarding the FOEB and the MMEL revision process).
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9.3.3 Changes in Operational Complexity. An operator may need to revise their MEL due to changes in operational complexity, such as adding a type of operations (e.g., passenger carrying operations) or additional OpSpec/MSpec authority (e.g., Extended Operations (ETOPS) or Category (CAT) II/II landing minimums).
9.3.4 C hanges in (M) and (O) Procedures. (M) and (O) procedures may need to be revised due to changes in operational complexity, a change by the Original Equipment Manufacturer (OEM) in recommended procedures, or as the result of analysis of data acquired through the operator’s SMS program (the Safety Assurance Process) or from voluntary programs such as ASAP data.
10-1 CHAPTER 10. NONESSENTIAL EQUIPMENT AND FURNISHINGS (NEF)
PROGRAM
10.1 Background. The NEF program originated from an earlier form called Passenger Convenience Items (PCI) program. Passenger convenience items were items related to passenger convenience, comfort, or entertainment located in the passenger compartment, galley, and lavatory areas. The PCI program did not allow for nonessential items that were missing or inoperative located elsewhere in the aircraft. Due to the limited nature of PCI, the FAA replaced the PCI title in Air Transport Association of America (ATA) code 25 in all MMELs with the acronym NEF. An NEF program allows operators to use the deferral authority granted by virtue of their operations specification (OpSpec)/management specification (MSpec) to provide deferral relief for nonessential items located throughout the aircraft.
10.2 General. An operator may develop an NEF program to meet its individual needs and may submit it to the FAA for approval. The NEF program resides within an operator’s MEL management program. The NEF program encompasses a list of NEF items located in the operator’s MEL, a process for evaluating an item in accordance with NEF requirements, reporting procedures, and policies and procedures for repair or replacement. Operators may choose to use the recommended method of evaluation shown in Figure 10-2, NEF Item Selection C riteria Elements Flowchart, or they may use an alternative, yet equivalent, method that is acceptable to the FAA. If the supporting policies and procedures are insufficient or systemically problematic, the FAA may remove the NEF authority from the approved MEL and reapprove the MEL without it.
10.2.1 NEF Items. N EF items are:
• Items installed on the aircraft that have no effect on the safe operation of the aircraft.
• Items installed as part of the original type certificate (TC), Supplemental Type Certificate (STC), Engineering Order (EO), or other form of alteration, not required by certification or operational rules.
• Items that if inoperative, damaged, or missing, have no effect on the safe operation of the aircraft under all operational conditions.
• Nonessential items located throughout the aircraft, including the flight deck area, service areas, cargo areas, and crew rest areas, in addition to the passenger compartment, lavatories, and galley areas.
• Cosmetic items not associated with an MEL or CDL item.
Note: Cosmetic items may have associated fire retardant or blocking requirements to be considered before approval as an NEF item.
10.2.2 No n -NEF Items. NEF items are not:
• Instruments and equipment already identified in the MEL or CDL of the applicable aircraft.
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• Instruments and equipment functionally required for meeting any certification rule.
• Instruments and equipment required for compliance with any operational rule.
• Items deferred contrary to an operator’s Continuous Airworthiness Maintenance Program (CAMP).
• Paint (mismatched, bad, or worn condition).
Note: Paint is addressed in other maintenance documents utilized for determining airworthiness; the NEF program is not applicable.
• Rodent or pest (bug) infestations of any type.
• Items which are only dirty or soiled (e.g., carpet, seats, interior sidewalls, dirty garbage can, etc.).
Note: An NEF item is not to be used as an administrative control item (ACI). An ACI is listed in the MEL for tracking and informational purposes. (Refer to MMEL PL-25 for more information regarding ACIs.)
10.3 Deferral Authority. The deferral authority granted by the operator’s OpSpec or MSpec is the basis for developing an operator-specific NEF program.
10.3.1 Although the NEF program is included in ATA chapter 25, it may address items that fall under other ATA chapters.
10.3.2 The operator’s NEF process may not provide for deferral of items within serviceable limits identified in the manufacturer’s maintenance manual, Structural Repair Manual, Airworthiness Directives (AD), or operator’s maintenance program (e.g., CAMP, General Maintenance Manual (GMM), etc.).
10.3.3 NEF items are deferred under the operator’s approved NEF program, not under the authority of an Airframe and Powerplant (A&P) certificate.
10.3.4 The NEF program for a part 91K, 121, 125, or 135 operator is part of, and resides within, the operator’s MEL management program.
10.4 N EF Program Development. Each operator implements, maintains, and revises its NEF program. The NEF program provides for the ability to defer NEF items whose failure would otherwise result in a non-airworthy status until repair (or replacement) of an item not affecting safety of flight. The responsible FAA principal inspector (PI) monitors the operator’s NEF program and handling of NEF items. Failure to comply with the FAA-approved NEF program may result in the removal of the NEF program authorization.
10.5 Required NEF Program Contents. The operator will design its NEF program to fit its scope and depth of operation, including at a minimum the following ten processes and procedures:
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10.5.1 M ethod of Tracking NEF Items. A list or other equivalent method of tracking NEF items may be used. Although an operator does not need to develop and maintain a list, nor include the specific NEF items inside the MEL, a list reduces both the FAA and operator’s time spent analyzing recurring deferrals of the same item. Operators who choose not to develop an NEF list will treat each NEF deferral as a newly discovered NEF item, as outlined in their individual NEF program.
10.5.1.1 If a List Is Not Used. FAA safety inspectors will work with those operators who choose not to develop a NEF list to determine a mutually acceptable timeframe in which each newly identified and deferred NEF item will be reported for review.
10.5.1.2 If a List Is Used. If the operator develops a list, the Principal Operations Inspector (POI) (or aviation safety inspector (ASI) with MEL oversight responsibility) will review all subsequent additions/revisions.
1. The NEF list should be comprehensive but may be listed in general terms with the concurrence of the POI or ASI with oversight responsibility. For example, cosmetic trim-strips may be listed rather than identifying each strip individually on the NEF list.
2. Either in paper or electronic format, the applicable portions of the list (if applicable) and NEF process should be available to the flight and cabin crews, maintenance, and flight operations personnel, as appropriate, when items are being deferred in accordance with the operator NEF program.
3. Parts 91K, 121, 125, and 135 operators should work with POIs to determine a mutually acceptable timeframe in which the newly identified and deferred NEF items will be reported for review.
10.5.2 I dent ifying Deferrals. Procedures and processes for identifying NEF items that may be deferred.
10.5.3 Tracking Deferrals. Procedures for tracking program deferrals.
10.5.4 Reporting Deferrals. Procedures for the reporting of deferrals, as required, to the POI (parts 91K, 121, 125, and 135).
Note: N EF lists and processes may reside together or separately in the location and manner selected by the operator and acceptable to the POI/ASI.
10.5.5 D ocumentation Procedures. Documentation procedures for inoperative, damaged, or missing NEF items.
10.5.6 (M) and (O) Procedures. Appropriate (M) and (O) procedures.
10.5.7 Follow-Up Maintenance. Procedures for follow-up maintenance, repair, and replacement.
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10.5.8 Repair Intervals. Repair intervals are prescribed for NEF items. Operators may use the current MEL deferral categories at their discretion or an alternate method acceptable to the Administrator.
10.5.9 Section 43.13 Compliance. Any portions of an NEF program that reference maintenance or a maintenance procedure must comply with acceptable practices as set forth in § 43.13.
10.5.10 N EF Proviso . The following proviso to an NEF program (see Figure 10-1 below) is included in MEL ATA chapter 25 for approved NEF programs under parts 91K, 121, 125, and 135. The reference proviso should be copied verbatim. The aircraft operator’s manual containing the NEF program will contain specific processes and procedures as indicated in the proviso.
Figure 10-1. Required NEF MEL Proviso for an FAA-Approved NEF Program System & Sequence Numbers 25 Equipment / Furnishings Repair Interval Number Installed Number Required For Dispatch Remarks or Exceptions Nonessential Equipment and Furnishings (NEF)
- - 0 May be inoperative, damaged, or missing provided that the item(s) is deferred in accordance with the NEF deferral program. The NEF program, procedures, and processes are outlined in the operator’s [insert name] Manual. (M) and (O) procedures, if required, must be available to the flightcrew and included in the aircraft operator’s appropriate document.
NOTE: Exterior lavatory door ash trays are not considered NEF items.
10.6 NEF Program Approval. Parts 91K, 121, 125, and 135 operators submit their NEF program to the responsible Flight Standards office with oversight responsibility for approval. Once approved, a reference proviso to the program is to be incorporated into the MEL ATA chapter 25 (see Figure 10-1).
10.6.1 An operator may develop and submit a list of items desired to be included on the NEF list. As the NEF program is part of the MEL, FAA concurrence is required for approval of the operator’s program in accordance with § 91.213.
10.6.2 The NEF list does not have to be part of the standard MEL and may be kept in a form and manner agreed upon by the operator and the FAA.