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9.2.4 M MEL PL-25 (Definitions) or MMEL PL-36 (Preamble) Revision. A revision to MMEL PL-25 does not necessitate immediate revision of the operator’s MEL. However, the current revision to MMEL PL-25 should be incorporated in the next FAA or operator-initiated MEL revision. A revision to MMEL PL-36 would necessitate a revision to a procedures document under LOA D095 or an operator-developed MEL under LOA D195. MEL revisions solely for the purpose of incorporating revised MMEL PL-25 or PL-36 content need not be submitted to the FAA.
9.3 O perator- Initiated MEL Revisions. An operator may revise their MEL for a number of reasons. An operator-initiated MEL revision will not be, in any way, less restrictive than the MMEL.
9.3.1 M ajor Aircraft Modifications . An operator may elect to initiate an MEL revision due to major aircraft modifications, such as an STC, a major alteration (refer to FAA Form 337), or a modification to the TC.
9.3.2 Installation of Additional Items. An operator may initiate a change based on the installation of additional items. An operator may add an item to their MEL only if it is listed in:
1. Th e MMEL,
2. An applicable STC Relief Approval Letter, or
3. An applicable MMEL PL with a current CG designation.
Note: See Chapter 10 for information on how to obtain relief for an item not listed in items 1–3 above.
9.3.3 Changes in Operational Complexity. An operator may need to revise their MEL due to changes in their operational complexity, such as adding a type of operation
(e.g., Reduced Vertical Separation Minimum (RVSM), CAT II/III landing minimums, etc.). An operator may need to revise their MEL for the purpose of adding or revising (M) and (O) procedures based on operational complexity.
9.4 V ertical Bar (Change Bar). A vertical bar denotes a change in content. For MMELs, a vertical bar is placed in the right margin; location in the operator’s MEL is a matter of choice. A change due to copy editing (e.g., punctuation, spelling, or grammatical structure) does not need a vertical bar in an MMEL or MEL. All vertical bars applicable to the previous revision of the MMEL are removed at the next revision. It is permissible to issue an MMEL or MEL revision without vertical bars when the revision affects most or all relief items. In which case, in lieu of vertical bars, a note is added to the “Highlights of Change” page instructing operators to consider all content revised and indicating that vertical bars are not used. Other alternate means of compliance may be used if approved by the Administrator.
10-1 CHAPTER 10. MEL RELIEF FOR ITEMS INSTALLED AFTER TYPE
CERTIFICATION
10.1 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. Subsequent installation or removal of items may be accomplished through an STC, an Engineering Order (EO), a field approval, or other FAA-approved methods, as appropriate.
10.2 Operator NEF Items or Administrative Control Items (ACI). Items listed on an operator’s NEF program are excluded from the requirements in this chapter. With respect to ACIs, relief is listed elsewhere in the operator’s manual system, and they are also excluded from the guidance in this chapter.
10.3 MEL Relief for Items Installed via a Change to a Type Design. Operators may add relief for items resulting from changes to type design to their MELs, and may exercise MEL relief for such items, when that relief has been evaluated by the operator’s responsible Flight Standards office or the AED, and the operator’s MEL is approved by the POI. Requested relief must meet or exceed the original level of safety.
10.3.1 An operator may add relief for an STC or for another design change to an MEL through the normal MEL revision process, when:
1. The change in type design is specifically listed in the applicable aircraft’s MMEL
(i.e., STC XXX, etc.);
2. An approval letter from the AED is in DRS at https://drs.faa.gov (or a paper copy) for the specific change in type design; or
3. A n MMEL PL with a current GC designation contains relief for the item(s).
Note: Upon evaluation and approval of a design change, the AED will submit an approval letter directly to DRS. Operators may download STC Relief Approval Letters from the “MMELs and AED Guidance Documents” section in DRS at https://drs.faa.gov. Paper copies of the AED approval letter are also acceptable in lieu of the DRS database. 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.
MMEL PL-109 provides additional information on how to obtain MMEL/MEL relief for items associated with STCs.
10.3.2 I f the operator is unable to obtain relief as described above, they should submit a request to the responsible Flight Standards office and include enough supporting information to allow for a thorough evaluation of the risk associated with operating the aircraft with the item inoperative. For a detailed list of the information required, operators should contact their responsible Flight Standards office. Once a request is received, PIs will first determine if relief for the unevaluated item requires AED evaluation. If required, PIs will coordinate with the applicable AED office before approving MEL relief. Requested or
10-2 pending MEL relief for items associated with recent or imminent changes to the type design may not be added to an operator’s MEL, or exercised by the operator, until the relief has been approved by the POI.
11-1 CHAPTER 11. NONESSENTIAL EQUIPMENT AND FURNISHINGS (NEF)
PROGRAM
11.1 Definition. NEF are those items installed on the aircraft as part of the original TC, STC, EO, or other form of alteration that have no effect on the safe operation of flight and would not be required by the applicable certification or operational rules. These are items that, if inoperative, damaged, or missing, have no effect on the aircraft’s ability to be operated safely under all operational conditions. NEF items are not items already identified in the MEL or CDL of the aircraft. NEF do not include items that are functionally required to meet the certification rule or for compliance with any operational rule.
11.2 Background. The NEF program originated from an earlier form called Passenger Convenience Items (PCI) program. PCIs 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 ATA/JASC code 25 in all MMELs with the acronym NEF. An NEF program allows operators to use the deferral authority granted by virtue of their MEL LOA to provide deferral relief for nonessential items located throughout the aircraft.
11.3 The NEF Program Under § 91.213(a). An operator’s MEL approved under the provisions of § 91.213(a) may include an NEF program that allows relief for nonessential items. An NEF program is supplemental to the MEL approval under § 91.213(a); it is not a standalone program. An NEF program is developed by an operator to meet their individual needs. An operator’s NEF program is a supplement to the operator’s MEL.
The NEF program encompasses: (1) an (optional) list of NEF items located in the operator’s MEL, (2) a process for evaluating an item in accordance with NEF requirements, and (3) policies and procedures for repair and/or replacement. Operators may choose to use the recommended method of evaluation shown in Figure 11-2, NEF Item Selection Criteria Elements Flowchart, or they may use an alternative method that is acceptable to the FAA. If an operator’s NEF program is insufficient or systemically problematic, the FAA may cancel, rescind, or revoke the operator’s MEL LOA.
11.3.1 NEF 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 TC, STC, 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.
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• 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/blocking requirements to be considered before listing them as an NEF item.
11.3.2 NEF items are not:
• Instrument and equipment already identified in the MMEL, MEL, or CDL of the applicable aircraft.
• 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 ACI. An ACI is listed in the MEL for tracking and informational purposes. (Refer to MMEL PL-25 for more information regarding ACIs.)
11.4 D eferral Authority. Authority for an operator’s NEF program is inherent in their MEL LOA; therefore, the NEF program does not need to be submitted to the FAA with the operator’s MEL LOA application. An operator may defer NEF items in accordance with their operator-developed NEF program.
11.4.1 Although the NEF program is included in ATA/JASC chapter 25, it may address items that fall under other ATA/JASC chapters.
11.4.2 The operator’s NEF deferral procedures and processes may not provide for deferral of items within serviceable limits identified in the manufacturer’s maintenance manual, Structural Repair Manual (SRM), ADs, or operator’s maintenance program
(e.g., CAMP).
11.4.3 NEF items are deferred under the operator’s NEF program, not under the authority of an Airframe and Powerplant (A&P) certificate.
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11.5 NEF Program Development. Operators develop, implement, maintain, and revise their 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 FAA may conduct surveillance on an operator’s NEF program at any time. An operator’s failure to comply with their NEF program may result in the cancellation, rescission, or revocation of the operator’s MEL LOA.
11.6 Required NEF Program Contents. Operators will design their NEF program to fit the scope and depth of operation, including, at a minimum, the following nine processes and procedures:
11.6.1 Method 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 be required to treat each NEF deferral as a newly discovered NEF item, as outlined in their individual NEF program.
11.6.1.1 If used, the NEF item list should be comprehensive but may be listed in general terms. For example, “cosmetic trim-strips” may be listed rather than identifying each strip individually on the NEF item list.
11.6.1.2 Operators are not required to submit changes to their NEF item list to the FAA, and the FAA is not required to review changes to the list.
11.6.1.3 The NEF item list does not have to be part of the MEL and may be kept in a form and manner determined by the operator.
11.6.1.4 Whether in paper or electronic format, the applicable portions of the NEF item list and NEF process must 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’s NEF program.
11.6.2 Identifying Deferrals. Procedures and processes for identifying NEF items that may be deferred.
11.6.3 T racking Deferrals . Procedures for tracking program deferrals.
11.6.4 Documentation Procedures. Documentation procedures for inoperative, damaged, or missing NEF items.
11.6.5 (M ) and (O) Procedures . Appropriate (M) and (O) procedures.
11.6.6 Follow-Up Maintenance. Procedures for follow-up maintenance, repair, and replacement.
11.6.7 Repair Intervals. Operators may use the current MEL deferral categories, in accordance with paragraph 2.2.4, at their discretion or an alternate method acceptable to the Administrator.
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11.6.8 Title 14 CFR Part 43, § 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.
11.6.9 N EF Proviso. The following proviso to an NEF program (see Figure 11-1 below) is included in the operator-developed MEL ATA/JASC chapter 25, or in the case of an MMEL used as an MEL, included in the procedures document. The reference proviso must be copied verbatim. However, as indicated in the proviso, the aircraft operator’s manual where the NEF program is found will contain specific processes and procedures.
Figure 11-1. Required NEF MEL Proviso for an Operator’s 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.
11.7 NEF Program Approval. An operator is not required to submit their NEF program, or NEF program revisions, to the FAA, and the FAA is not required to review it. However, the FAA may conduct surveillance on an operator’s NEF program at any time.
11.8 Criteria for Selection of NEF Items. NEF items are not safety-of-flight items. They have not been evaluated by the FAA through the normal AED review process. Therefore, before an operator can list an item as being deferrable under the NEF program, they will follow their NEF program procedures. When reviewing items for inclusion in an operator’s NEF item list, operators should ask the following questions:
• Is the item required for the operational rules in which the aircraft is operated?
• Does the item create the potential for fire/smoke or other hazardous condition?
• Could the item have an adverse effect on other required systems or components?
11-5
• Does the item’s condition potentially affect the safety of passengers, crew, or service personnel?
• Could the item have a negative impact on emergency or abnormal procedures?
• Does the item create an additional workload for the crew at critical times of flight or flight preparation?
• Does the flightcrew need to evaluate the deferred NEF item on a flight-by-flight basis?
11.9 NEF Deferral Process. See Figure 11-2 for a flowchart that includes the following elements in sequence. The flowchart is 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.
11.9.1 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.
11.9.2 Current NEF Items. If the inoperative, damaged, or missing item is already on the NEF item list (if used), the established procedures for NEF deferral of the item will be followed.
11.9.3 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).
11.9.4 S ubcomponents of MMEL, CDL, or MEL Items. If the inoperative, damaged, or missing item is a subcomponent of, and supports the primary function 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.
11.9.5 Required by Certification or Operational Rules. If the item is required by any applicab le certification or operational rules, the item may not be deferred in accordance with the operator’s NEF program.
11.9.6 Safety- of-Flight 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.
11.9.7 Source (Underlying Cause). I f the presence of a safety-of-flight issue is unknown, not present, or not applicable, ascertain whether the source (underlying cause) for the inoperative, damaged, or missing item can be identified and further evaluated. If the source (underlying cause):
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11.9.7.1 Cannot be identified, that item may not be deferred in accordance with the operator’s NEF program and must be repaired prior to flight.
11.9.7.2 Can be identified, determine whether that source (underlying cause) affects an equivalent level of safety (ELOS). If the source (underlying cause) is not applicable, evaluate the effect of the item on an ELOS.
11.9.8 Effects on ELOS. If the item has no impact on safety of flight, that item may be deferred in accordance with the operator’s NEF program.
11.9.9 I solated with Applicable Maintenance Procedures . 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.
11.9.10 D efer i n Accordance with the Operator’s NEF Program.
11.9.11 Update the NEF Item List, as Required.
Figure 11-2. NEF Item Selection Criteria Elements Flowchart
1. Documentation: Discrepancy Noted in Logbook Defer in Accordance With → YES 2. Current NEF Item?
the Operator's NEF Program NO Follow MMEL/CDL/MEL YES 3. MMEL/CDL/MEL Procedures Item?
NO May NOT be Deferred in Accordance With NEF YES 4. MMEL, CDL, MEL Program Jtem Subcomponent?
NO May NOT be Deferred in 5. Required Accordance With NEF YES for Cert or Op Program Rules?
NO Repair the Item YES 6. Safety-of-Flight Prior to Flight Issue?
• NO, Unknown or N/A
7. ID Source Repair the Item NO (Underlying Prior to Flight Cause)?
YES or N/A Defer in
8. Effects an Accordance Repair the Item YES Equivalent Level of With the Prior to Flight Safety? Operator's NEF Program Uncertain
9. Isolated (1) YES, Repair the Item • NO w/ Applicable Reevaluate Prior to Flight Maintenance Procedures
(2) YES, Passed
• Reevaluation
10. Defer in Accordance With the → 11. Update NEF List as Required Operator's NEF Program 11-7
12-1 CHAPTER 12. CONFIGURATION DEVIATION LIST (CDL)
12.1 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. The missing parts list is known today as the CDL. A CDL allows continued operation with missing externally exposed nonstructural parts by defining restrictions, limitations, or performance penalties, while the aircraft remains airworthy.
12.2 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.
12.2.1 Which Aircraft Has a CDL. A CDL is developed for most U.S.-built transport category 14 CFR part 25 aircraft and many part 23 aircraft by aircraft manufacturers during the initial certification process. However, they are not a required element for aircraft certification. The manufacturer makes the decision to develop or not to develop a CDL. If deemed necessary, the aircraft manufacturer develops a proposed CDL and coordinates submission with the responsible Aircraft Certification Service office and the 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 OEM Organization Designation Authorization (ODA) program.
12.2.2 U. S. -Manufactured Aircraft. For U.S.-manufactured aircraft, an FAA-approved CDL is either:
• Incorporated into the limitations section of the AFM,
• Published as an appendix to the AFM, or
• Published as a supplement to the AFM.
12.2.3 Aircraft Manufactured Outside the United States. The CDL may be a standalone document that is part of the SRM or another manufacturer’s document.
12.3 CDL Versus MEL. An MEL and a CDL are separate documents. An MEL is approved by the responsible Flight Standards office. A CDL is approved by the responsible Aircraft Certification Service office, or through an OEM’s ODA program. An MEL and a CDL may be kept in the same binder but will be clearly partitioned as two separate “standalone” documents. If an operator desires an amendment to the CDL, the request should be made to the responsible Aircraft Certification Service office, or directly to the aircraft manufacturer.
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12.4 CDL Management Program. Operators will ensure they comply with all penalties, limitations, and restrictions associated with a CDL. An operator may develop procedures more restrictive than the CDL. An operator is not required to have a CDL management program. If an operator chooses to develop a CDL management program, they are not required to submit it to the FAA, and the FAA is not required to review it.