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.
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10.7 NEF Program Revisions. All additions and revisions to an FAA-approved NEF program are reviewed by POIs.
10.8 Criteria for Selection of NEF Items. NEF items are not safety of flight items and are not evaluated by the FAA through the normal Aircraft Evaluation Division (AED) review process. NEF items may require the concurrence of FAA maintenance and operations inspectors. An operator will follow its FAA-approved NEF program procedures in order to list an item as being deferrable under the NEF program. When reviewing items for inclusion in an operator’s NEF program, FAA inspectors will ask the following questions:
1. Is the item required for the operational rules in which the aircraft is operated?
2. Is the item required to be functional by the applicable certification requirements?
3. Does the item create the potential for fire/smoke or other hazardous condition?
4. Could the item have an adverse effect on other required systems or components?
5. Does the item’s condition potentially affect the safety of passengers, crew, or service personnel?
6. Could the item have a negative impact on emergency or abnormal procedures?
7. Does the item create an additional workload for the crew at critical times of flight or flight preparation?
8. Do crewmembers need to evaluate the deferred NEF item on a flight-by-flight basis?
Note: See Figure 10-2 for a flowchart that includes the following elements in sequence. The flowchart is provided as a guide for developing an NEF deferral process. The process may be modified to facilitate inclusion in an operator’s overall MEL deferral program with the intent of the elements outlined in the flowchart below being addressed.
10.8.1 Documentation. For an inoperative, damaged, or missing item to be considered for inclusion in an NEF program, the discrepancy will be documented in the aircraft logbook (or other approved location) per the operator’s discrepancy reporting system. This action is completed by the flightcrew, company maintenance personnel, or personnel authorized and approved to perform such functions as outlined in the operator’s maintenance program.
10.8.2 Current NEF Items. If the inoperative, damaged, or missing item is already on the NEF deferral list (if used), the established procedures for NEF deferral of the item will be followed.
10.8.3 MMEL, CDL, or MEL Items. An MMEL, CDL, or MEL item may not be deferred in accordance with the operator’s NEF program. The operator must follow the deferral procedures for inoperative, damaged, or missing items listed in the MMEL, MEL, or CDL, as per § 91.213(a)(5).
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10.8.4 Subcomponents of MMEL, CDL, or MEL Items. If the inoperative, damaged, or missing item is a subcomponent of a system identified in the MMEL/MEL/CDL, where no previous relief was authorized, the subcomponent may not be deferred in accordance with the operator’s NEF program.
10.8.5 R equired by Certification or Operational Rules . If the item is required by any applicable certification or operational rules, the item may not be deferred in accordance with the operator’s NEF program.
10.8.6 S afety of Fli ght Issues. If it is evident from a maintenance or operational perspective that an item could have an adverse effect on safety of flight; or if there is a safety of flight issue with an inoperative, damaged, or missing item, that item may not be deferred.
10.8.7 S ource (Underlying Cause). If the presence of a safety of flight issue is unknown, not present, or not applicable, ascertain whether the source or root cause for the item can be identified. If the source or root cause cannot be identified or isolated, that item may not be deferred in accordance with the operator’s NEF program. If the item has no impact on the safety of flight, that item may be deferred in accordance with the operator’s NEF program. If the item can be isolated and reevaluated using applicable maintenance procedures and a determination made that there is no safety of flight concern, it may be deferred in accordance with the operator’s NEF program.
10.8.8 D efer in Accordance w ith the Operator’s NEF Program.
10.8.9 Update the NEF List, as Required.
10.8.10 Provide the NEF Items to the Responsible Flight Standards Office.
Figure 10-2. NEF Item Selection Criteria Elements Flowchart
1. Documentation:
Discrepancy Noted in Logbook Defer in Accordance YES 2. Current With the Operator's NEF Item?
NEF Program NO Follow MMEL/CDL/ YES 3. MMEL/CDL/ MEL Procedures MEL Item?
NO May NOT be Deferred • YES 4. MMEL, CDL.
in Accordance With MEL Item NEF Program Subcomponent?
NO May NOT be Deferred YES 5. Required for in Accordance With NEF Program Cert or Op Rules?
NO Repair the Item YES 6. Safety of Prior to Flight Flight Issue?
_ NO, Unknown, or N/A Repair the Item Prior to Flight NO 7. ID Source (Underlying Cause)?
YES or N/A Repair the Item YES Equivalent Level of 8. Effects an NO → Accerdance With Defer in Prior to Flight Safety? the Operator's NEF Program Uncertain
(1) YES, Repair the Item NO . Isolated With Reevaluate Prior to Flight Applicable Maint Procedures?
(2) YES, Passed Reevaluation
10. Defer in Accordance With 11. Update NEF the Operator's List as Required NEF Program
12. Provide NEF Items to Responsible Flight Standards Office 10-7
11-1 CHAPTER 11. CONFIGURATION DEVIATION LIST (CDL)
11.1 Purpose of the CDL. The CDL is a list of externally exposed nonstructural aircraft parts that may be missing, and is tailored for each model aircraft. The CDL evolved over several years from what was commonly known as a “missing parts list,” which was a list of nonstructural external parts of an aircraft that were found missing after flight. A CDL allows continued operation with missing externally exposed nonstructural parts by defining restrictions, limitations, or performance penalties, while the aircraft remains airworthy.
11.2 Development. The aircraft manufacturer develops a CDL during the initial certification process. This is not a requirement for aircraft certification. The manufacturer makes the decision to develop or not to develop a CDL. The responsible Aircraft Certification Service office has final approval of all FAA-approved CDLs and all requests for revisions to an FAA-approved CDL.
11.2.1 Which Aircraft Has a CDL. A CDL is developed for most U.S.-built transport category part 25 aircraft and many part 23 aircraft by aircraft manufacturers during the initial certification process. If deemed necessary, the aircraft manufacturer develops a proposed CDL and coordinates submission with the responsible Aircraft Certification Service office and the Aircraft Evaluation Division (AED). The responsible Aircraft Certification Service office and the AED review, evaluate, and may conduct or oversee any required testing and data collection necessary to approve proposed CDL items. Approval of a CDL is by the responsible Aircraft Certification Service office or through an Original Equipment Manufacturer’s (OEM) Organization Designation Authorization (ODA) program.
11.2.2 U. S. -Manufactured Aircraft. For U.S.-manufactured aircraft, an FAA-approved CDL is either:
• Incorporated into the limitations section of the Airplane Flight Manual (AFM);
• Published as an appendix to the AFM; or
• Published as a supplement to the AFM.
11.2.3 Aircraft Manufactured Outside the United States. The CDL may be a standalone document that is part of the Structural Repair Manual or other manufacturer’s document.
11.3 Operator Use of the CDL.
11.3.1 FAA-Approved CDL. An operator may use a CDL and incorporate it into its manual system. However, the manufacturer’s CDL is already approved by the responsible Aircraft Certification Service office and therefore, will not be approved or accepted by the responsible Flight Standards office. It should not appear on the List of Effective Pages (LEP) of an operator’s MEL or any other documents showing approval or acceptance by the responsible Flight Standards office. The manufacturer’s CDL may be
11-2 attached to the operator’s MEL, but should be treated as a separate and “standalone” document.
11.3.1.1 The manuals used by flightcrew members, maintenance personnel, and dispatch personnel should include instructions governing CDL use. An operator may increase fuel and performance penalties or add additional limitations and restrictions beyond what is already required in the FAA-approved CDL. These additional penalties, limitations, and restrictions may be listed in the operator’s manual system and should be submitted to the responsible Flight Standards office for approval or acceptance. Such additions should be delineated as “operator-specific” requirements and under no circumstances be less restrictive than the FAA-approved CDL.
11.3.1.2 If an operator desires an amendment to the manufacturer’s CDL, such requests may be coordinated with the responsible Aircraft Certification Service office through the responsible Flight Standards office, directly with the responsible Aircraft Certification Service office, or directly with the aircraft manufacturer.
11.3.2 O perator- Specific CDL. An operator may also choose to create an operator-specific CDL for use in its operation, using the FAA-approved CDL’s data. Operators creating their own operator-specific CDL should not confuse this CDL with the official FAA-approved CDL or make it less restrictive than the FAA-approved CDL. Operator-specific CDLs will be accepted by the responsible Flight Standards office and be incorporated into an operator’s manual system.
11.4 O perato r’s Manual. Operators should consider having policies and procedures in their manual system regarding use of the CDL, such as:
• A description of how the CDL is applied and utilized in their operation.
• Instructions on where to access current FAA-approved CDLs for specific model aircraft and future revisions.
• Methods for the proper application of fuel and performance penalties, procedures, or restrictions and limitations while conducting flight operations utilizing the CDL.
• A page control system to show that the operator-specific CDL is current and complete (if one has been developed by the operator).
• A page control system associated with the manufacturer’s CDL that is approved by the responsible Aircraft Certification Service office.
• The policies and procedures may be combined within the operator’s approved MEL management program procedures.
11.5 CDL Item Recording and Notifications. Operators should establish a standard procedure for advising flightcrews, aircraft dispatchers, and maintenance personnel of an aircraft’s status with current CDL and MEL issues along with the conditions and limitations that apply.
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11.5.1 R eporting of Found CDL Items. If a CDL item(s) is discovered missing by:
11.5.1.1 Maintenance Person Positioned at the Aircraft. If a CDL item is discovered missing by maintenance personnel, that person notifies the flightcrew and the maintenance organization (e.g., Maintenance Control).
11.5.1.2 Flightcrew. If a CDL item is discovered missing by the flightcrew, the flightcrew notifies the maintenance organization and appropriate flight operations personnel.
Note: The maintenance organization or flightcrew notifies flight operations personnel (e.g., dispatch, flight following, or other persons authorized to exercise operational control) in accordance with the aircraft operator’s approved MEL or CDL procedures.
11.5.2 L ogging and Notification Requirements. Each missing CDL item is entered into the aircraft maintenance logbook and listed on a placard, which is then affixed in the cockpit in clear view of the flightcrew, per the AFM. Principal Operations Inspectors (POI) may allow operators to use their MEL procedures for addressing an aircraft’s CDL status and limitations. Such procedures will conform to the AFM CDL placarding requirements.
11.5.3 Fuel and Performance. Fuel and performance penal ties, limitations, and restrictions associated with each CDL item are calculated and entered in the appropriate flight documentation (e.g., dispatch, flight release, or flight plan). If flight documentation has been issued prior to the application of the CDL item, the operator will ensure that fuel and performance planning are recalculated in accordance with the CDL item, if applicable. Operators conducting part 121 operations should issue a new or amended dispatch or flight release to include these penalties.
Advisory Circular Feedback Form If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by contacting the Air Transportation Division at 9-AFS-200-Correspondence@faa.gov or the Flight Standards Directives Management Officer at 9-AWA-AFB-120-Directives@faa.gov.
Subject: AC 120-125, Development and Use of an Operator’s MEL, NEF Program, and CDL for Operations Under 14 CFR Parts 91K, 121, 125, and 135 Date: _____________________ Please check all appropriate line items:
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