(c) Accept the operator’s plan for showing compliance with the operational rules if it will achieve compliance; and,
(d) If acceptable, approve the operator’s proposed changes to their program, which will be maintained for the operational life of the airplane, by issuing an Operations Specification that will reference each aging airplane initiative and the date of approval. Changes to the program will require approval and a revision to the Operations Specification, if applicable.
(8) Whenever an operator incorporates an alteration, maintenance, or inspection program change that is subject to the requirements of these safety initiatives, the PI or cognizant FSDO must determine that the operator incorporates related means of compliance with these operational rules, e.g., ICA.
/s/ John J. Hickey Director Aircraft Certification Service 13
Appendix A APPENDIX – A Maintenance Instructions The following list contains additional information that may be required in the content of the maintenance instructions.
1. The location of the design feature or structure to be maintained or inspected and any access requirements.
2. Diagrams of structural access plates and information needed to gain access for inspections when access plates are not provided.
3. Information describing the order and method of removing and replacing products and parts with any necessary precautions to be taken.
4. Any unique procedures required, such as special detailed inspections or a dual sign-off maintenance record of requirements.
5. Methods, techniques and practices required to perform a task and the pass/fail criteria for any inspection.
6. Specific task information, such as inspections defined by pictures or schematics.
7. Details for the application of special inspection techniques including radiographic and ultrasonic testing where such processes are specified.
8. Special equipment or test apparatus required.
9. Intervals for any repetitive task.
10. Information needed to apply protective treatments to the structure after inspection.
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Appendix B APPENDIX – B Policy Statement Safety - A Shared Responsibility - New Direction for Addressing Airworthiness Issues for Transport Category Airplanes Based on our evaluation of more effective regulatory approaches for certain types of safety initiatives and the comments received from the Aging Airplane Program Update (July 30, 2004), the FAA has concluded that we need to adopt a regulatory approach recognizing the shared responsibility between DAHs and operators1. When we decide that general rulemaking is needed to address an airworthiness issue, and believe the safety objective can only be fully achieved if the DAHs provide operators with the necessary information in a timely manner, we will propose requirements for the affected DAHs to provide that information by a certain date.
In applying this policy, we will consider the following factors when determining if DAH requirements are needed to support the safety objective:
• The complexity of developing data and documents to address the safety issue2: Type design data analysis is necessary for the timely, efficient development of necessary data and documents.
• The need for FAA-approved service instructions to be available in a timely manner: We need to be confident that when the required data and documents are provided, they will be acceptable, are available on time, and can be readily implemented by the operators to comply on large fleets of airplanes.
• Whether a number of different types of transport airplanes need similar safety improvements: Because the safety issue is common to many airplanes, we need to ensure that technical requirements and compliance process are consistent to ensure required safety level can be achieved equitably.
1 This policy will not affect the FAA’s process for determining when and under what circumstance it is appropriate to issue ADs.
2 This consideration will also address the potential for a readily identifiable third party to develop the complex data and documents in time to achieve compliance.
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Appendix B
• The safety objective needs to be maintained for the operational life of the airplane: We need to ensure that future design changes do not degrade the achieved level of safety in the fleet.
• Additional factors relevant to the safety objective being addressed: There may be other factors that are unique to a particular safety concern that we also need to consider.
When the FAA takes this regulatory approach to implementing actions necessary for safety through complementary operational and DAH requirements, we will:
• Publish a notice of proposed rulemaking for public comment.
• Provide the rationale for adopting requirements for both the operators and DAHs.
• Identify the affected airplane models and types of operations.
• Define the specific information that must be developed and made available.
• Provide technical information in the rule when it is necessary for compliance.
• Identify processes and procedures for implementation of safety related actions.
• Specify the appropriate compliance times to allow for all of the design, certification, and implementation activity to occur.
• Consider the economic impacts to all affected parties and ensure that the safety benefits are sufficient to warrant the costs.
• Publish the proposed guidance materials associated with the safety initiatives concurrently with the rulemaking proposals, or as soon after as possible. This will enable industry to evaluate all of the related materials as soon as they are available and provide comprehensive comments to the FAA. For any materials that are not available during the comment period on the NPRM, we will provide a separate comment period for the proposed guidance.
• Identify training requirements.
• Seek information from industry to gain a full understanding of these considerations when developing our proposal.
This policy is based on the need to ensure there are acceptable data and documents available in a timely manner to support operator compliance with the related operational rules. The FAA understands that in some cases where airplane modifications are required, third parties may B-2
Appendix B be able to offer engineering support for compliance with the operational rules. However, the FAA believes that requirements for DAHs may still be necessary because DAHs have all of the original data (analysis, models, test results, service experience, etc.) necessary to evaluate their current designs and develop modifications or programs that will enable them to show compliance in a timely way. In addition, these rules may also include production cut-in requirements, so DAHs would have to develop designs to comply with those requirements anyway.
This policy builds on current regulations (14 CFR 21.50 and 21.99) that require DAHs to “make available” certain service information that is necessary to maintain the airworthiness of airplanes. The FAA understands that data and documents, such as airplane maintenance manuals, structural repair manuals, service bulletins, etc., and support are part of some purchase contracts between DAHs and operators. In each case, the DAH would be required to “make available” the service information developed under a DAH requirement. Since current business relationships are structured to comply with this existing long-standing requirement, we do not anticipate any disruption in these relationships as a result of the DAH requirements. The requirement to “make available” does not preclude the DAH from charging for these data and documents.
In adopting this policy, we do not intend to limit the flexibility that a DAH has to contract with a third party to provide a means of compliance with a DAH requirement. This type of business arrangement has been used by DAHs to provide customer support for modifications associated with both required and voluntary configuration changes. If a DAH does rely on third parties, the DAH would still remain fully responsible for ultimate compliance with the requirement.
Under this policy, we will continue to hold the affected operators responsible for implementing actions necessary for safety. In the event the DAH no longer exists and, therefore, cannot provide the required support, the operator still has the responsibility for complying with the operational rule on time. The operator must work to contract with a party capable of providing the needed support, or potentially remove airplanes from service.
Under this policy, we would not make DAHs responsible for addressing safety problems related to airplane configurations for which they are not the design approval holder. They would not be expected to provide data and documents related to modifications developed by third parties or operator-developed repairs and alterations. However, they may be required to provide guidance on how to assess the effects of those kinds of changes on the DAH’s design.
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Appendix B Regulations applying this policy will contain additional features that will help ensure that the required safety related actions are acceptable and available on time for implementation by the operator. A requirement for compliance planning by the DAHs will be an integral part of this new approach to ensure that the DAH and the FAA have a common understanding of how the DAH intends to comply. The FAA is committed to assuring the proposed requirements of this new approach are complied with so that the safety objectives are achieved on time. This approach will also promote the development of consistent and standardized safety related actions.
As previously discussed, this policy statement is the cumulative result of past experience and in-depth reviews of past efforts to ensure the safety of the fleet through the certification and continued airworthiness processes. The FAA concludes that, under the circumstances described above, this new regulatory approach is necessary for safety and provides an efficient and cost effective strategy for addressing complex airworthiness issues in the future.
Issued in Washington, DC on July 6, 2005.
/s/ Nicholas A. Sabatini Associate Administrator for Aviation Safety Docket No. FAA-2004-17681 Published in the Federal Register July 12, 2005 (70 FR 40166).
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Appendix C APPENDIX – C Definitions of Acronyms and Terms Used in this AC.
a. Acronyms.
AASR Aging Airplane Safety Rule AC Advisory Circular ACO Aircraft Certification Office AD Airworthiness Directive AEG Aircraft Evaluation Group AFS Flight Standards Service AIR Aircraft Certification Service ALI Airworthiness Limitation Item ALS Airworthiness Limitations Section ARAC Aviation Rulemaking Advisory Committee AVS Aviation Safety CAA Civil Aviation Authority CAMP Continuous Airworthiness Maintenance Program CASS Continuing Analysis and Surveillance System CFR Code of Federal Regulations CPCP Corrosion Prevention and Control Program DAH Design Approval Holder EAPAS Enhanced Airworthiness Program for Airplane Systems FAA Federal Aviation Administration FSDO Flight Standards District Office ICA Instructions for Continued Airworthiness MRB Maintenance Review Board NPRM Notice of Proposed Rulemaking PI Principal Inspector (this may include any or all of the affected Airworthiness or Operations Inspectors) RAM Repairs, Alterations, and Modifications C-1
Appendix C STC Supplemental Type Certificate TAD Transport Airplane Directorate TC Type Certificate TSO Technical Standard Order WFD Widespread Fatigue Damage
b. Definitions.
Aircraft Evaluation Flight Standards Service representatives who know the Group operational and maintenance aspects of the certification project and are responsible for determining the operational acceptability and continuing airworthiness requirements of newly certified or modified aircraft, engines, and propellers intended to be operated under the provisions of the CFR. This function includes providing the FAA oversight office support in the review and approval of the initial and subsequent changes to the type design.
ARAC An advisory committee that serves as a forum for the FAA to obtain input from the aviation industry on major regulatory issues.
Civil Aviation The aviation authority responsible for the certification Authority and continued airworthiness of those airplanes having U.S. type certification within its state of design as established in accordance with agreements with the U.S.
Continued Certified aircraft, engines, propellers, and appliances are Airworthiness safe to operate for the intended purpose; they are maintained safely throughout their service life; the product meets its type design and is in a condition for safe operation.
Design Approval The holder of any design approval, including type Holder certificate, amended type certificate, supplemental type certificate, amended supplemental type certificate, parts manufacturer approval, TSO authorization, letter of TSO design approval, and field approvals. In particular contexts, the term DAH may also refer to applicants for design approvals.
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Appendix C FAA Oversight FAA Oversight Office is the aircraft certification office Office or office of the Transport Airplane Directorate having oversight responsibility for the relevant type certificate or supplemental type certificate, as determined by the Administrator.
Field Approval Design approval of a major repair or major alteration of an individual aircraft, aircraft engine, propeller, or appliance by an aviation safety inspector. This is documented by completing and signing Block 3 of FAA Form 337. We approve these major repairs or alterations by either examining data only, or by physically inspecting, demonstrating, or testing the product.
Flight Standards Offices located in FAA headquarters responsible for Service Offices developing guidance and policy applicable to transport category airplanes for AEG personnel and AFS field personnel (airworthiness and operations Aviation Safety Inspectors) in the conduct of their responsibilities.
Instructions for Documentation that sets forth instructions and Continued requirements for the maintenance that is essential to the Airworthiness continued airworthiness of an aircraft, engine, or propeller.
Maintenance Information that includes recommended periods for Instructions cleaning, inspection, adjustment, testing, lubrication, degree of inspection, applicable wear tolerances, and recommended work necessary for each part of the airplane and its engine auxiliary power units, propellers, accessories, instruments, and equipment to provide for continued airworthiness of the airplane. Recommended overhaul periods and necessary cross-references to the Airworthiness Limitations section of the maintenance manual are also included (see 14 CFR 25 Appendix H.25.3(b)). (See Appendix A of this AC for additional information).
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Appendix C Maintenance Review Board Report (Transport Category Aircraft) This report is intended for use by air carriers and contains the initial minimum scheduled maintenance and inspection requirements for a particular transport category aircraft and on-wing engine program. Air carriers use the MRB report, and its associated requirements, to develop maintenance programs. See AC 121-22A, “Maintenance Review Board Procedures,” for additional information.
Products Products are certified aircraft, aircraft engines, or propellers.
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Appendix D APPENDIX – D
RELATED DOCUMENTS The following related documents are provided for information purposes and are not necessarily directly referenced in this advisory circular (AC).
a. Advisory Circulars. An electronic copy of the following ACs can be downloaded from the Internet at http://rgl.faa.gov.
(1) AC 25.19, Certification Maintenance Requirements
(2) AC 25.1529-1, Instructions for Continued Airworthiness of Structural Repairs on Transport Airplanes
(3) AC 20-114, Manufacturers’ Service Documents
(4) AC 43.13-1, Acceptable Methods, Techniques, and Practices – Aircraft Inspection and Repair
(5) AC 120.16, Air Carrier Maintenance Programs
(6) AC 120-79, Developing and Implementing a Continuing Analysis and Surveillance System
(7) AC 121.22, Maintenance Review Board Procedures
b. FAA Policy. An electronic copy of the following policy statements can be downloaded from the Internet at http://rgl.faa.gov.
(1) ANM112-05-001, Policy Statement, “Process for Developing SFAR 88-related Instructions for Maintenance and Inspection of Fuel Tank Systems,” Oct. 6, 2004.
(2) PS-ANM110-7-12-2005, Policy Statement, “Safety – A Shared Responsibility - New Direction for Addressing Airworthiness Issues for Transport Airplanes,” issued July 6, 2005, effective July 12, 2005. The Policy Statement is also included in this AC, Appendix B.
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Appendix D
c. FAA NPRMs. An electronic copy of the following NPRMs that address safety initiatives for transport category airplanes can be downloaded from the Internet at http://rgl.faa.gov.
(1) Enhanced Airworthiness Program for Airplane Systems (EAPAS), Docket No. FAA-2004-18379, Notice No. 05-08 (70 FR 58508, dated October 6, 2005).
(2) Damage Tolerance Data for Repairs and Alterations, Docket No. FAA- 2005-21693, Notice No. 05-11 (71 FR 20574, dated April 21, 2005).
(3) Widespread Fatigue Damage (WFD) Docket No. FAA-2006-24281, Notice No. 06-04 (71 FR 19928, dated April 11, 2006).
(4) Reduction of Fuel Tank Flammability in Transport Category Airplanes (FRM), Docket No. FAA-2005-22997, Notice No. 05-14 (70 FR 70922, dated November 23, 2005).
d. FAA Final Rule. An electronic copy of the following final rules can be downloaded from the Internet at http://rgl.faa.gov.
(1) “Fuel Tank Safety Rule Compliance Extension and Aging Airplane Program Update,” (69 FR 45936, dated July 30, 2004), and a revision was published in the Federal Register (71 FR 38542, dated July 7, 2006).
Amendment No. 91-283, 121-305, 125-46, 129-39.
(2) “Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS),” Docket No. FAA-2004-18379, published in the Federal Register (72 FR 63364) dated November 8, 2007. Amendment Nos. 1-60, 21-90, 25-123, 26-0, 91-297, 121-336, 125-53, 129-43.
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