[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Proposed Rules]
[Pages 41992-42009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19909]
[[Page 41991]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 121 et al.
Operational and Structural Difficulty Reports; Proposed Rule
Federal Register / Vol. 60, No. 156 / Monday, August 14, 1995 /
Proposed Rules
[[Page 41992]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125, 127, 135, and 145
[Docket No. 28293; Notice No. 95-12]
RIN: 2120-AF71
Operational and Structural Difficulty Reports
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Aviation Administration (FAA) proposes to revise
the reporting requirements for air carrier certificate holders and
certificated domestic and foreign repair stations concerning failures,
malfunctions, and defects of aircraft, aircraft engines, systems, and
components. The proposed rule would clarify and standardize the type of
information submitted to the FAA allowing the FAA to identify trends
that may affect aviation safety. This action was prompted by an
internal FAA review of the effectiveness of the reporting system and by
air carrier industry concern over the quality of the data being
reported by air carriers. The objective of the proposed rule is to
update and improve the reporting system to effectively collect and
disseminate clear and concise information, particularly with regard to
aging aircraft, to the aviation industry.
DATES: Comments must be submitted on or before November 13, 1995.
ADDRESSES: Comments on this notice should be delivered, in triplicate,
to: Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 28293, 800 Independence
Avenue SW., Washington, DC 20591. Comments delivered must be marked
Docket No. 28293. Comments may also be submitted electronically to the
following Internet address: nprmcmts@mail.hq.faa.gov. Comments may be
examined in Room 915G weekdays between 8:30 a.m. and 5 p.m., except on
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Benjamin J. Burton, Aircraft
Maintenance Division, AFS-330, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, telephone (202) 267-3797.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice are also invited. Substantive comments should
be accompanied by cost estimates. Comments should identify the
regulatory docket or notice number and should be submitted in
triplicate to the Rules Docket address specified above. All comments
received on or before the closing date for comments specified will be
considered by the Administrator before taking action on this proposed
rulemaking. The proposals contained in this notice may be changed in
light of comments received. All comments received will be available,
both before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerning this
rulemaking will be filed in the docket. Commenters wishing the FAA to
acknowledge receipt of their comments submitted in response to this
notice must include a preaddressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. 28293.'' The
postcard will be date stamped and mailed to the commenter.
Availability of the NPRM
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
Office of Public Affairs, Attention: Public Inquiry Center, APA-220,
800 Independence Avenue SW., Washington, DC 20591, or by calling (202)
267-3484.
Persons interested in being placed on the mailing list for future
NPRMs should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
Background
Sections 121.703, 127.313, and 135.515 require that holders of
certificates issued under part 121, 127, or 135 submit reports on
certain specified failures, malfunctions, or defects of specific
systems and on all other failures, malfunctions, or defects that, in
the opinion of the certificate holder, have endangered or may endanger
the safe operation of an aircraft. Section 125.409 requires that part
125 certificate holders report each failure, malfunction, or defect. In
addition, Secs. 145.63 and 245.79 contain provisions for certificated
domestic and foreign repair stations, respectively, to report defects
or recurring unairworthy conditions of any aircraft, powerplant,
propeller, or any component thereof to the FAA. Both certificate
holders and certificated repair stations must submit the reports
described above to the FAA. In accordance with the Flight Standards'
Service Difficulty Program, set forth in FAA Order No. 8010.2, the
information is reviewed and evaluated by the Principal Maintenance
Inspector (PMI) and mailed to the FAA's Mike Monroney Aeronautical
Center in Oklahoma City, OK, for input into the Service Difficulty
Reporting Subsystem (SDRS). The report data is entered into the SDRS
and compiled to generate a weekly summary that is distributed to
aircraft manufacturers, air carriers, repair stations, members of the
general aviation community, and various offices of the FAA. Additional
review and evaluation of the data are accomplished by the Aeronautical
Center to identify trends or significant reports. The appropriate FAA
office is notified if trends or significant safety items are noted.
Sections 121.705, 127.315, and 135.417 contain provisions for
submitting a summary report to the FAA on mechanical difficulties or
malfunctions that interrupt a flight or cause unscheduled aircraft
changes, stops, or diversions en route that are not required to be
reported under Sec. 121.703, 127.313, or 135.415, respectively. Section
121.705 also requires a summary report containing information on the
number of aircraft engines removed prematurely because of a
malfunction, failure, or defect and the number of propeller featherings
that occur in flight for other than training purposes, demonstrations,
or flight checks.
Section 127.315 requires further summary reports containing
information on the number of engines removed, and Sec. 135.417 requires
further summary reports on the number of propeller featherings that
occur.
The reporting requirements for Sec. 21.3 have not been addressed in
this notice. ARAC decided and FAA agreed that revisions to this section
were not intended as part of the FAA's original task assignment to
ARAC.
History
The explosive decompression and structural failure of a Boeing 737-
200 series aircraft on April 28, 1988, focused
[[Page 41993]]
worldwide attention on aging air carrier fleets. As a result of this
event, a joint effort between the air carrier industry and regulatory
authorities was established to address the continued airworthiness of
the air transport fleet. This effort led to the establishment of the
Airworthiness Assurance Task Force (AATF).
The AATF's activities focused on five major efforts that were a
direct result of airworthiness issues presented by airlines and
aircraft manufacturers at the First International Conference on Aging
Airplanes, which was hosted by the FAA in June 1988. One of the issues
presented at the conference was the need to ensure an adequate
communications system between airlines, manufacturers, and the FAA.
This task was assigned to the Improved Airworthiness Communications
Steering Committee (IACSC) Data Collection Subcommittee of the AATF.
The FAA attended joint FAA/industry meetings with the IACSC to
discuss problems associated with Secs. 121.703, 121.705, 145.63,
145.79, and the Service Difficulty Report (SDR) program. Issues
addressed in the March 21, 1991, General Accounting Office (GAO) report
entitled Changes Needed in FAA 's Service Difficulty Reporting Program
and written proposals from IACSC surfaced as points of discussion
during the FAA/industry meetings. Members of the air carrier industry
and FAA personnel expressed concern that, because of a lack of a
standardized reporting format, there are varied interpretations of what
is required to be reported. It was also noted that report information
submitted by air carriers is inconsistent from airline to airline and
results in incomplete data. In addition, air carriers voiced concern
about the timeliness of the FAA's dissemination of SDR information. The
IACSC noted that the manual data entry of reports into the SDRS delays
the distribution of information to the airlines.
The IACSC recommended establishing a new Sec. 121.704. This new
section specifically would address defects in aircraft structures and
problems normally associated with aging aircraft. The IACSC further
suggested that the reporting requirements of Secs. 121.703(a)(14) and
121.703(a)(15) relating to aircraft structures be revised and
transferred to the proposed new section. The proposed reporting
requirements would enable collection of information on discrepancies
found in primary structure or principal structural elements. In
addition, information on discrepancies found in composite materials
that comprise primary structure or principal structural elements would
be collected.
The IACSC also suggested revising Secs. 145.63 and 145.79 to allow
part 121 certificate holders to require certificated repair stations to
submit the reports required under proposed Secs. 121.703 and 121.704
when a repair station discovers a malfunction or defect in a
certificate holder's aircraft. This change would serve to reduce the
number of duplicate reports on the same problem from air carriers and
repair stations, who presently are both required to report the
occurrence.
The IACSC was realigned as the International Airworthiness
Communications Working Group (IACWG) under the Aviation Rulemaking
Advisory Committee (ARAC). The ARAC was established under FAA Order No.
1110.119, dated February 22, 1991, to advise the FAA on aviation
safety-related rulemaking activity on a wide range of issues. Following
the evaluation of the IACWG's recommendation for the revision of part
121, the ARAC tasked the group with preparing similar recommendations
for operations conducted under parts 125, 127, and 135.
During preparation of the recommendations for parts 125, 127, and
135, the IACWG noted that the current reliability reporting
requirements of Secs. 127.315 and 135.417 are also unnecessary. There
is no equivalent section in part 125. Therefore, the IACWG suggested
deleting Secs. 127.315 and 135.417, which would be consistent with the
IACWG's proposed deletion of Sec. 121.705. Currently, reliability
information for operations conducted under these parts must be
monitored in accordance with Secs. 127.136 and 135.431.
The IACSC also was of the opinion that the current reporting
requirements of Sec. 121.705 are unnecessary because the data reported
is reliability information that does not affect flight safety. The
subcommittee further stated that this regulation does not provide
sufficient guidance on the type or scope of the information to be
reported; therefore, reporting is inconsistent. Reliability information
currently must be monitored in accordance with Sec. 121.373.
Consequently, IACSC did not believe Sec. 121.705 was necessary and
suggested that it be deleted.
Subsequent discussions within the working group revealed that
Sec. 121.705(a) would need to remain in the regulation so that PMI's
would continue to receive timely information from air carriers on
mechanical interruptions of flights caused by malfunctions or defects
that are not required to be reported to the SDRS. The working group,
therefore, recommended deleting only Secs. 121.705 (b) and (c),
127.315(b), and 135.417(b), which relate to premature engine removals
and in-flight propeller featherings.
The Proposed Rule
Based on the earlier joint discussions with representatives of the
air carrier industry, recommendations from the ARAC, and an internal
review of the SDR program, the FAA recognizes that improvements to
reporting requirements and the SDR program are necessary. This proposed
rule presents actions to correct deficiencies cited during the FAA/
industry meetings and in the GAO report, and was developed based on the
recommendations from the ARAC.
This proposed rule would modify the current reporting requirements
for air carriers and repair stations to standardize report information.
The proposed rule also would explicitly permit the submission of the
required reports in an electronic form to encourage reporting that will
give the FAA information on a near real-time basis. In addition, the
proposed rule would revise the current reporting requirements for air
carriers to include the reporting of certain occurrences or detections
of failures, malfunctions, or defects of aircraft, aircraft engines,
systems, and components that occur during ground operations and that
could affect the safety of flight operations.
The proposed rule would also allow part 121, 125, 127, or 135
certificate holders to require a certificated domestic or foreign
repair station to submit operational and structural difficulty reports
to the FAA on behalf of the certificate holder when the repair station
discovers defects or unairworthy conditions. This provision would
eliminate duplicate reporting of a problem by the air carrier and the
repair station. The proposed rule would delete Secs. 121.705 (b) and
(c), 127.315(b), and 135.417(b), removing the requirement for
submitting summary reports on premature engine removals and in-flight
propeller featherings because this information is reliability-related
data rather than safety-of-flight data. The proposed rule also would
add new Secs. 121.704, 125.410, 127.314, and 135.416 to specifically
address the reporting of structural defects and problems normally
associated with aging aircraft.
Sections 121.703, 125.409, 127.313, and 135.415 would be revised to
focus on the reporting of operational defects, and new Secs. 121.704,
125.410, 127.314,
[[Page 41994]]
and 135.416 would be added to manage the reporting of structural
defects.
Section 125.409 would be revised by requiring reports for specific
events rather than reports of the occurrence or detection of every
failure, malfunction, or defect. The proposed change eliminates the
reporting of defects that do not compromise the airworthiness of the
aircraft. The proposal would add requirements to part 125 that are
equivalent to the reporting requirements in proposed Secs. 121.703,
127.313, and 135.415.
In proposing to revise the part 135 reporting requirements, the FAA
recognizes that aircraft maintained in accordance with part 135 may
operate under part 91 at times; however, all part 135 reporting
requirements would apply as long as the aircraft is maintained under
part 135.
Reporting requirements would be revised for each of the proposed
sections to standardize report information. Required reporting
information would be revised to include total aircraft flight time to
aid in evaluating corrosion and aircraft structural fatigue. In
addition, the amount of elapsed time since the last maintenance
performed on components would be added to determine how long components
have been in service. Information on manufacturer's part numbers and
serial numbers would be added to develop trend information. Reporting
procedures would also be revised to encourage the electronic
transmission of data directly to a centralized collection point as
specified by the FAA. (Presently, the data base is maintained at the
Mike Monroney Aeronautical Center.) A program that enters SDR data
electronically into the SDRS would be optional. The electronic
submission of data would provide a database that is near real-time.
Data would be uploaded and available the next business day. The
proposed rule would also provide for collecting information on aborted
or ``rejected'' takeoffs caused by the failure, malfunction, or defect
of an aircraft component or system. This information would be used to
generate statistical data for future analysis of the safety
implications such events may have on flight operations.
Sections 145.63 and 145.79 would be revised to allow parts 121,
125, 127, and 135 certificate holders to require certificated domestic
and foreign repair stations to submit the reports required under the
proposed sections of parts 121, 125, 127, and 135 on behalf of the
certificate holder when the repair station discovers a malfunction or
defect. This proposed change would eliminate the requirement for the
air carrier and the repair station to report the same problem to the
FAA. However, the air carrier would not be relieved of the
responsibility of ensuring that these reports are submitted.
The purpose of the proposed regulation would be to enhance air
carrier safety by collecting additional and more timely data that
identifies mechanical failures, malfunctions, and defects which may be
a serious hazard to the operation of an aircraft. The information
collected would be used to develop and implement corrective actions to
help prevent future occurrences of these failures, malfunctions, and
defects once they have been identified.
It should be noted that there is currently a proposal to delete
part 127 in an NPRM published in the Federal Register on March 29,
1995, regarding Commuter Operations and General Certification and
Operations Requirements (60 FR 16230). If part 127 is deleted in that
final rule as proposed, the proposed revisions to part 127 in this NPRM
will not be considered in the development of a final rule.
General Discussion of the Proposed Rule
Sections 121.703, 125.409, 127.313, and 135.415
The proposed rule would change the titles of Secs. 121.703,
127.313, and 135.415 from ``Mechanical reliability reports'' to
``Operational difficulty reports.'' The proposed rule also would change
the title of Sec. 125.409 from ``Reports of defects or unairworthy
conditions'' to ``Operational difficulty reports.'' The title change
would reflect more accurately the type of information collected, which
may be categorized as primarily operational and safety-related
information rather than reliability and failure information as is
implied by the current titles.
Sections 121.703(a)(1), 125.409(a)(1), 127.313(a)(1), and 135.415(a)(1)
Proposed Secs. 121.703(a)(1), 125.409(a)(1), 127.313(a)(1), and
135.415(a)(1) would specify that a certificate holder must report each
failure, malfunction, or defect involving any fire, rather than only
those fires that occur during flight, as is currently prescribed by the
regulations. The proposed changes would ensure that information is also
reported on fires that occur on the ground because these fires may
affect the safety of flight. In addition, the current requirement to
report whether the related fire-warning system functioned properly in
the event of a fire caused by a failure, malfunction, or defect also
would be retained by the proposed rule.
Current Secs. 121.703(a)(2), 127.313(a)(2), and 135.415(a)(2)
require certificate holders to report failures, malfunctions, or
defects concerning fires during flight that are not protected by a
related fire warning system. Proposed Secs. 121.703(a)(1),
125.409(a)(1), 127.313(a)(1), and 135.415(a)(1) would retain this
requirement because failures, malfunctions, or defects involving any
fire must be reported by the certificate holder.
Sections 121.703(a)(2), 125.409(a)(2), 127.313(a)(2), and 135.415(a)(2)
Proposed Secs. 121.703(a)(2), 127.313(a)(2), and 135.415(a)(2)
would revise current Secs. 121.703(a)(3), 127.313(a)(3), and
135.415(a)(3), respectively, which address the reporting of failures,
malfunctions, or defects involving false fire warnings during flight.
The proposed rule would require that any false fire or smoke warning
necessitating the use of emergency procedures be reported to ensure
that the certificate holder documents occurrences that have safety-of-
flight implications. This requirement also would be added to proposed
Sec. 125.409(a)(2).
Sections 121.703(a)(3), 125.409(a)(3), 127.313(a)(3), and 135.415(a)(3)
Proposed Secs. 121.703(a)(3), 127.313(a)(3), and 135.415(a)(3)
would require that information on damage to an engine, adjacent
structure, equipment, or components caused by a failure, malfunction,
or defect of an engine exhaust system be reported by the certificate
holder regardless of whether such damage occurred in flight or on the
ground. Proposed Sec. 125.409(a)(3) would add the same requirements for
operations conducted under part 125. Currently, Secs. 121.703(a)(4),
127.313(a)(4), and 135.415(a)(4) require only that the certificate
holder report to the FAA damage to an engine, adjacent structure,
equipment, or components caused by an engine exhaust system during
flight.
Sections 121.703(a)(4), 125.409(a)(4), 127.313(a)(4), and 135.415(a)(4)
Proposed Secs. 121.703(a)(4), 127.313(a)(4), and 135.415(a)(4)
would revise the current requirements in Secs. 121.703(a)(5),
127.313(a)(5), and 135.415(a)(5), respectively, by requiring that the
failure, malfunction, or defect of airplane or helicopter components
that cause an accumulation or circulation of smoke, vapor, or toxic or
noxious fumes resulting in the use of emergency
[[Page 41995]]
procedures be reported. Proposed Sec. 125.409(a)(4) would add the same
requirements for operations conducted under part 125. These proposed
changes would eliminate the reporting of events that do not affect
safety by indicating that such events would have to be reported only if
emergency procedures are exercised.
The proposed change also would delete the words ``during flight.''
The proposed reporting requirement would include events that occur in
flight or on the ground and would expand the reporting of these events
to the entire aircraft. The current requirements only cover these
events if they occur in the crew compartment or passenger cabin.
Sections 121.703(a)(5), 125.409(a)(5), 127.313(a)(5), and 135.415(a)(5)
These proposed sections would combine the reporting requirements
for engine failures and shutdowns in current Secs. 121.703(a)(6),
121.703(a)(7), 121.703(a)(8), and 121.703(a)(9) into proposed
Sec. 121.703(a)(5); current Secs. 127.313(a)(6), 127.313(a)(7),
127.313(a)(8), and 127.313(a)(9) into proposed Sec. 127.313(a)(5); and
current Secs. 135.415(a)(6), 135.415(a)(7), 135.415(a)(8), and
135.415(a)(9) into proposed Sec. 135.415(a)(5). An equivalent
Sec. 125.409(a)(5) would also be added.
The proposed change would require that the certificate holder
report failures, malfunction, or defects involving all engine flameouts
and shutdowns during ground or flight operations. The proposed sections
would contain a provision to exclude intentional engine shutdowns, such
as those that occur during flight crew training, test flights, and
taxiing to reduce fuel consumption.
Sections 121.703(a)(6), 125.409(a)(6), and 135.415(a)(6)
These proposed sections would amend current Secs. 121.703(a)(10)
and 135.415(a)(10) by deleting the words ``during flight.'' The
proposed change would require that the certificate holder report the
failure, malfunction, or defect of any propeller feathering system or
the ability of the system to control overspeed events whether such
events occur during flight or on the ground. Proposed
Sec. 125.409(a)(6) would specifically state the equivalent requirement
for operations conducted under part 125.
Sections 121.703(a)(7), 125.409(a)(7), 127.313(a)(6), and 135.415(a)(7)
These proposed paragraphs would redesignate the requirements in
Sec. 121.703(a)(11) as Sec. 121.703(a)(7), Sec. 127.313(a)(9) as
Sec. 127.313(a)(6), and Sec. 135.415(a)(11) as Sec. 135.415(a)(7), and
would add new Secs. 125.409(a)(7). These requirements pertain to
reporting the failure, malfunction, or defect of a fuel or fuel-dumping
system that affects fuel flow or causes hazardous leakage in flight.
Section 127.313(a)(6) is proposed to include fuel dumping systems
because these systems are now available on some helicopters.
Sections 121.703(a)(8), 125.409(a)(8), 127.313(a)(10), and
135.415(a)(8)
The proposed rule would redesignate current paragraph
Sec. 121.703(a)(12) as Sec. 121.703(a)(8); revise current
Sec. 135.415(a)(12) and redesignate it as Sec. 135.415(a)(8); revise
Sec. 127.313(a)(10); and add new Sec. 125.409(a)(8). These sections
require the reporting of failures, malfunctions, or defects in the
operation of landing gear and landing gear doors during flight. Section
127.313(a)(10) would be revised to include equivalent requirements to
apply to helicopters that have retractable landing gear. The
requirements of current Sec. 127.313(a)(10) related to helicopter
structures that require major repairs would be moved to proposed new
Sec. 127.314. The proposed rule would also remove the term ``unwanted''
from current Sec. 135.415(a)(12) to require that any landing gear
extension or retraction, or opening or closing of landing gear doors
during flight resulting from a malfunction or defect must be reported.
This also would ensure consistency with the reporting requirements of
parts 121 and 125.
Sections 121.703(a)(9), 125.409(a)(9), 127.313(a)(11), and
135.415(a)(9)
Current Secs. 121.703(a)(13) and 135.415(a)(13) relating to
failures, malfunctions, or defects in aircraft braking components would
be revised and redesignated as proposed Secs. 121.703(a)(9) and
135.415(a)(9), respectively. The equivalent requirements would be
revised and redesignated in proposed Sec. 125.409(a)(9) to provide
consistency with parts 121 and 135. Section 127.313(a)(11) would be
revised to include the reporting of failures, malfunctions, or defects
of brake system components because wheeled helicopters are equipped
with brakes. The requirements of current Sec. 127.313(a)(11) related to
cracks, deformation, or corrosion of helicopter structures would be
moved to proposed new Sec. 127.314.
The proposed rule would change ``loss of brake actuating force'' to
``any detectable loss of brake actuating force'' to clarify the
interpretation of the term ``loss.'' Some air carriers have interpreted
the term ``loss'' to mean total loss of braking action. This proposed
rule would state that failures, malfunctions, or defects that result in
any reduced braking are events that are required to be reported,
excluding aircraft braking component malfunctions, defects, or
discrepancies that are deferrable according to the Minimum Equipment
List as provided for in Sec. 91.213.
Sections 121.703(a)(10), 125.409(a)(10), 127.313(a)(7), and
135.415(a)(10)
Proposed Secs. 121.703(a)(10), 125.409(a)(10), 127.313(a)(7), and
135.415(a)(10) would include the reporting of information relating to
aborted takeoff. Currently, air carriers are not required to report
information on aborted or ``rejected'' takeoffs. Limited information
relating to aborted takeoffs that result from an accident or incident
may be available through the FAA's Accident/Incident Data Subsystem or
the National Transportation Safety Board (NTSB). The proposed rule
would require that information on all aborted takeoffs after initiation
of the takeoff roll, resulting from a failure, malfunction, or defect
of an aircraft component or system be reported to troubleshoot problems
that may have safety-of-flight implications.
In addition, the current regulations require reporting of failures,
malfunctions, or defects occurring in aircraft components or systems
that result in any emergency action taken during flight, excluding the
shutdown of an aircraft engine. The reference to excepting engine
shutdowns in current Secs. 121.703(a)(16), 127.313(a)(12), and
135.415(a)(16) would not be included in this proposed paragraph because
the reporting of failures, malfunctions, or defects involving any
aircraft engine shutdown would be required by proposed
Secs. 121.703(a)(5), 127.313(a)(5), and 135.415(a)(5), respectively.
Sections 121.703(a)(11), 125.409(a)(11), 127.313(a)(9), and
135.415(a)(11)
The proposed paragraphs would revise current Sec. 121.703(a)(17)
and redesignate it as Sec. 121.703(a)(11); add new Sec. 125.409(a)(11);
and revise current Secs. 127.313(a)(9) and 135.415(a)(11). The proposed
rule would state that a failure of individual components that does not
affect the operation of an aircraft's emergency evacuation system or
components, exit doors, passenger evacuation lighting systems, or
evacuation equipment need not be reported. The proposed rule also would
state that failures, malfunctions, or defects that are deferrable
according to the Minimum Equipment List as provided for in Sec. 91.213
need not be reported. This proposed change would
[[Page 41996]]
allow the exclusion of an item failure, such as a burned out reading
light bulb, provided that such a failure would not affect the integrity
of any of the systems and components described above.
Sections 121.703(c), 125.409(c), 127.313(c), and 135.415(c)
The proposed rule would revise current Secs. 121.703(c),
127.313(c), and 135.415(c), and would add new Sec. 125.409(c). These
sections would extend the reporting requirements of a failure,
malfunction, or defect in any aircraft to the aircraft, aircraft
systems, components, and powerplants. These items have been added to
require that reports of failures, malfunctions, or defects that
endanger safe aircraft operation must include those that occurred
throughout the aircraft as well as all of those that involve the
aircraft's subassemblies.
Sections 121.703(d), 125.409(d), 127.313(d), and 135.415(d)
Under the proposed rule, each report of the occurrence or detection
of a failure or defect for a 24-hour period still would be required to
be submitted within 72 hours. However, this proposed rule would revise
the current requirements in Secs. 121.703(d), 127.313(d), and
135.415(d) by replacing the terms ``send,'' ``mailed,'' or
``delivered'' with the term ``submit.'' An equivalent Sec. 125.409(d)
would also be added that revises the reporting requirements currently
found in Sec. 125.409(b). This change would allow for the use of other
means, such as electronic transmission via telephone facsimile or
computer modem, to submit reports to the FAA. In addition, these
proposed sections would change the location for submitting reports from
the FAA Flight Standards District Office (FSDO) charged with the
overall inspection of the certificate holder to a centralized
collection point as specified by the FAA. However, the certificate
holder would be required to make the operational difficulty report
(ODR) data available to the FSO for examination at the time it is
submitted to the FAA in a form and manner acceptable to the
Administrator. This change would allow PMI's to remain informed of ODR
activity and improve the timeliness of FAA processing of the data.
Currently, Sec. 135.415(d) contains provisions for aircraft
operating in areas where mail is not collected, thereby preventing
mailing within the required 72 hours. In such cases, the reports are
required to be submitted within 24 hours after the aircraft returns to
a point where mail is collected. This provision also would be included
in proposed Sec. 125.409(d) because part 125 certificate holders often
have remote operations similar to certain part 135 certificate holders.
Sections 121.703(e), 125.409(e), 127.313(e), and 135.415(e)
These proposed sections would revise the current reporting
requirements of Secs. 121.703(e), 127.313(e), and 135.415(e), and would
add new reporting requirements in proposed Sec. 125.409(e) to ensure
reporting consistency. Current requirements of Secs. 121.703(e),
127.313(e), and 135.415(e) allow the certificate holder to submit
reports in a manner and form convenient to the certificate holder. The
proposed changes would standardize reporting requirements and would
explicitly provide for electronic reporting.
Section 121.703(e) specifies that information detailed in
paragraphs (e)(1) through (e)(6) is mandatory and that information
detailed in paragraphs (e)(7) through (e)(9) is desirable additional
information. Additional available information may be submitted at a
later date by resubmitting the ODR under its original Operator Control
number as assigned by the FAA. This action would provide the FAA with
additional data. Using the original Operator Control number would
overwrite the original ODR with the additional available data.
The FAA would require that the following additional information be
reported: aircraft serial number; station where the discrepancy was
detected; FAA-modified Air Transport Association (ATA) Specification
100 code; and aircraft total time and total cycles. A current reporting
item, ``type'', has been replaced by manufacturer and model. The
addition of these items would increase the effectiveness of operational
difficulty reporting and possible tracking of equipment. In addition,
the FAA is developing a reporting form, FAA Form No. 8070-2 (see Figure
1), to standardize reporting.
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Reporting items that pertain to engine or component serial numbers
and the time since the last maintenance of a component have been added
to the reporting requirements. These items, along with the current
requirement to report the emergency procedure effected, would be
considered desirable information. The reporting of this information
would be beneficial; however, collection of this information should not
delay the submission of new reports.
The proposed rule would delete current Secs. 121.703(g) and
121.703(h); Secs. 127.313(g) and 127.313(h); and Secs. 135.415(g) and
135.415(h). Current Secs. 121.703(g), 127.313(g), and 135.415(g)
contain provisions for air carriers to submit a report even when all of
the information required is not available. Current Secs. 121.703(h),
127.313(h), and 135.415(h) contain provisions for air carriers to
submit supplemental reports when they obtain additional report
information. These paragraphs would be deleted because proposed
Secs. 121.703(e), 127.313(e), and 135.415(e) would require that the
following information be included on all reports: manufacturer, model,
serial number, and identification number of the aircraft; operator
name; date; flight number; station; stage of flight when the failure,
malfunction, or defect occurred: the nature of the failure,
malfunction, or defect; the FAA-modified ATA code; and the aircraft
total time and total cycles. In addition, proposed Secs. 121.703(d),
125.409(d), 127.313(d), and 135.415(d) would require that the report be
submitted with the 72-hour period. Therefore, the submission of an
incomplete report as currently permitted under Secs. 121.703(g),
127.313(g), and 135.415(g) would not meet the intent of the proposed
rule. Further, the provision for the submission of any additional data
as specified in current Secs. 121.703(h), 127.313(h), and 135.415(h)
would be unnecessary and might add information to SDRS that is not
safety related.
Sections 121.703(f), 125.409(f), 127.313(f), and 135.415(f)
Sections 121.703(f), 127.313(f), and 135.415(f) currently state
that certificate holders that also hold Type Certificates (TC)
(including Supplemental Type Certificates (STC)), Parts Manufacturer
Authorization (PMA), or Technical Standard Order (TSO) authorization,
or who are licensees of TC, need not report failures, malfunctions, or
defects under these sections if the failures are reported under
Sec. 21.3 or under part 830 of the NTSB regulations (49 CFR 830). An
equivalent Sec. 125.409(f) would be added to provide consistency with
parts 121, 127, and 135. In addition, Secs. 121.703(f), 127.313(f), and
135.415(f) would be revised by deleting an obsolete reference to
Sec. 37.17. Part 37 was removed effective September 9, 1980.
Sections 121.703(g), 125.409(g), 127.313(g), and 135.415(g)
These proposed paragraphs would allow parts 121, 125, 127, and 135
certificate holders to require a certificated domestic or foreign
repair station to report a failure, malfunction, or defect discovered
by the repair station. Currently, when a repair station finds a
failure, malfunction, or defect, this information is reported by both
the repair station under Sec. 145.63(a) or Sec. 145.79(c), as
appropriate, and the part 121, 125, 127, or 135 certificate holder.
Therefore, information about the same problem is reported twice to the
FAA. The proposed revision is intended to eliminate these duplicate
reports. However, the certificate holder would not be relieved of the
responsibility to ensure that these reports are submitted. The proposed
rule would require that the part 121, 125, 127, or 135 certificate
holder receive a copy of the report submitted by the repair station.
Sections 121.704(a)(1), 125.410(a)(1), 127.314(a)(1), and 135.416(a)(1)
The proposed rule would revise and incorporate the reporting
requirements relating to defects in aircraft structures of current
Secs. 121.703(a)(14) and 121.703(a)(15) into Sec. 121.704(a)(1); of
current Secs. 127.313(a)(10) and 127.313(a)(11) into
Sec. 127.314(a)(1); and of current Secs. 135.415(a)(14) and
135.415(a)(15) into Sec. 135.416(a)(1). An equivalent
Sec. 125.410(a)(1) also would be added. Proposed Secs. 121.704(a)(1),
125.410(a)(1), 127.314(a)(1), and 135.416(a)(1) would contain
provisions for reporting information relevant to structural defects of
aging aircraft and corrosion protection. The required reporting would
focus on discrepancies found in primary structural or principal
structural elements relating to corrosion that exceed the
manufacturer's Maintenance Manual (MM) allowable limits. As used in
this paragraph, the MM includes the aircraft's Structural Repair Manual
and other manufacturer's documents, which set forth maintenance
requirements.
Sections 121.704(a)(2), 125.410(a)(2), 127.314(a)(2), and 135.416(a)(2)
These proposed sections would revise the reporting requirements for
parts 121, 127, and 135, and would add reporting requirements for part
125, for cracks detected only in a primary structure or principal
structural element that require the repair or replacement of the
structural element. Currently, Secs. 121.703(a)(15), 127.313(a)(11),
and 135.415(a)(15) require reporting of all cracks in aircraft
structures even if the location and size of the crack do not have
safety-of-flight implications.
Sections 121.704(a)(3), 125.410(a)(3), 127.314(a)(3), and 135.416(a)(3)
These proposed sections would include a reporting requirement for
the detection of disbonding of any primary structure or principal
structural element. Currently, air carriers may report disbonding in
accordance with Sec. 121.703(c), 127.313(c), or 135.415(c); however,
this requirement should be explicit because reporting of disbonding
defects is necessary in the early identification of safety-of-flight
issues associated with aging aircraft.
Sections 121.704(a)(4), 125.410(a)(4), 127.314(a)(4), and 135.416(a)(4)
These proposed sections would require air carriers to report
failures or defects of primary structure or principal structural
elements when data developed by a Designated Engineering Representative
(DER), under SFAR-36, or other approved repair data that is not found
in the manufacturer's MM is used to accomplish the repair.
Some air carriers are uncertain about whether the subsequent
detection of the same failure or defect must be reported when the
failure or defect was repaired using DER, SFAR-36, or other approved
non-MM repair data. The proposed rule would explicitly require that air
carriers shall report each and every occurrence of a failure or defect
repaired in accordance with DER-approved or other non-MM repair data.
Some Part 135 aircraft may not have Structural Repair Manuals
(SRM). Repairs accomplished within the limits of SRM's or MM are not
reportable. Repairs developed outside these approved data sources are
reportable whether the accepted or approved data is developed by a DER,
under SFAR 36, or other approved repair data.
Sections 121.704(a)(5), 125.410(a)(5), 127.314(a)(5), and 135.416(a)(5)
These proposed sections would require the collection of information
on any discrepancies found in primary structure or principal structural
elements comprised of composite materials. The specific reporting of
failures and defects of new and emerging technologies used in the
manufacturing of aircraft structures is necessary in the early
identification and
[[Page 41999]]
resolution of problems that may have an adverse effect on safety.
Sections 121.704(b), 125.410(b), 127.314(b), and 135.416(b)
The proposed sections would require that in addition to the reports
required by proposed Secs. 121.704(a), 125.410(a), 127.314(a), and
135.416(a), certificate holders would be required to report any other
failure or defect that occurs or is detected in an aircraft structure
if, in the opinion of the certificate holder, the failure or defect has
endangered or may endanger the safe operation of any aircraft.
Sections 121.704(c), 125.410(c), 127.314(c), and 135.416(c)
These proposed sections would require that each report be submitted
to a centralized collection point specified by the FAA within the
required reporting period. Currently, Service Difficulty Reports are
submitted to the FAA FSDO charged with the overall inspection of the
certificate holder. However, under the proposal, the certificate holder
would be required to make the SDR data available to the FSDO for
examination within the time limits specified above in a form and manner
acceptable to the Administrator. This would allow PMI's to remain
informed of SDR activity, improve the timeliness of FAA processing of
the data, and increase the data's availability for analysis. This
proposed section also would allow for the use of other means, such as
electronic transmission via telephone facsimile or computer modem, to
submit reports to the FAA to increase the timeliness of reporting.
Proposed Secs. 125.410(c) and 135.416(c) would include provisions
for aircraft operating in areas where mail is not collected, thereby
preventing mailing within the required 72 hours. In such cases, the
reports would be required to be submitted within 72 hours after the
aircraft returns to a point where mail is collected.
Sections 121.704(d), 125.410(d), 127.314(d), and 135.416(d)
Under the proposed rule, reports of structural problems would
require information on: manufacturer, model, serial number, and
registration number of the aircraft; operator name; nature of failure
or defect and its location; FAA-modified ATA code; aircraft total time
and cycles; and the date and station where the certificate holder found
the discrepancy. Optional information would include the identification
of the manufacturer's part number or the serial number of the part or
component and the time since the last maintenance overhaul, repair, or
inspection. To promote standardized reports, the FAA is currently
revising a reporting form, FAA Form No. 8070-3 (see Figure 2).
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Sections 121.704(e), 125.410(e), 127.314(e), and 135.416(e)
These proposed sections would include the current provisions of
Secs. 121.703(f), 127.313(f), and 135.415(f), which relieve a holder of
a Type Certificate, Supplemental Type Certificate, Parts Manufacturer
Approval (PMA), a TSO Authorization, or the licensee of a Type
Certificate from reporting any failure, malfunction, or defect under
this section if reports are submitted on the same failure, malfunction,
or defect under Sec. 21.3 or under the accident reporting provisions of
Part 830 of the NTSB regulations. Proposed Sec. 125.410(e) would
include a similar provision.
Sections 121.704(f), 125.410(f), 127.314(f), and 135.416(f)
These proposed sections would allow parts 121, 125, 127, and 135
certificate holders to delegate to a certificated repair station the
task of reporting the detection of a failure, malfunction, or defect
discovered by the repair station. Currently, when a repair station
finds a failure, malfunction, or defect, this information is reported
by both the repair station under Sec. 145.63(a) or Sec. 145.79(c), as
appropriate, and the part 121, 125, 127, or 135 certificate holder.
This proposed section would eliminate duplicate reporting of the same
failures or defects but would not relieve the certificate holder of the
responsibility for ensuring that the report is submitted to the FAA. In
addition, the proposed rule would require that the certificate holder
receive a copy of the report submitted by the repair station.
Sections 121.705, 127.315, and 135.417
Under the proposal, Secs. 121.705(a), 127.315(a), and 135.417(a)
would remain in effect, requiring that operators report to the
Administrator interruptions to flights, unscheduled changes of aircraft
en route, or unscheduled stops or diversions from routes, caused by
known or suspected mechanical difficulties or malfunctions that are not
required to be reported under proposed Secs. 121.703 and 121.704,
127.313 and 127.314, and 135.415 and 135.416, respectively. The
requirements of current Secs. 121.705 (b) and (c), 127.315(b), and
135.417(b) would be deleted because this is reliability data and does
not have safety-of-flight implications. In addition, these items
currently are required to be monitored under Sec. 121.373, 127.136, and
135.431.
Sections 125.409(b) and 127.313(b)
Under the proposal, Sec. 127.313(b) would be corrected to state
that, for the purposes of this section, during flight means the period
from the moment the helicopter leaves the surface of the earth on
(rather than ``or'') takeoff until it touches down on landing. An
equivalent paragraph would also be added to Sec. 125.409(b).
Section 127.313(a)(8)
The proposed rule would redesignate current Sec. 127.313(a)(13) as
Sec. 127.313(a)(8). This paragraph concerns main rotor and auxiliary
rotor systems.
Sections 145.63 and 145.79
The proposed rule would revise Secs. 145.63 and 145.79 to allow
certificated domestic and foreign repair stations, respectively, to be
delegated by a part 121, 125, 127, or 135 certificate holder to submit
operational and structural difficulty reports to the FAA on behalf of
the certificate holder. A repair station would submit these reports, as
delegated, when it discovers a defect or unairworthy condition of an
aircraft, powerplant, propeller, or any component thereof. When a
certificated repair station submits a report for a part 121, 125, 127,
or 135 certificate holder, the repair station would not be required to
submit a separate report under Sec. 145.63(a) or 145.79(c), as
appropriate.
Currently, when a certificated repair station finds a defect or
unairworthy condition, the repair station and the part 121, 125, 127,
or 135 certificate holder report the condition or defect to the FAA.
The proposed rule would require that only one report be submitted in
such circumstances.
Paperwork Reduction Act Approval
The reporting burden associated with parts 121, 125, 127, 135, and
145 of the Federal Aviation Regulations has been approved by OMB under
control numbers 2120-003, 2120-008, 2120-0010, 2120-0039, and 2120-
0085.
This NPRM proposes to clarify the reporting burden. The
clarification may cause a reduction in burden, because it may lead to a
reduction in redundancy of reporting. Some 125 certificate holders may
have a slight reduction in reporting. There are minimal additional
reporting requirements associated with this proposed rule.
Regulatory Evaluation Summary
Executive Order 12866 established the requirement that, within the
extent permitted by law, a Federal regulatory action may be undertaken
only if the potential benefits to society for the regulation outweigh
the potential costs to society. In response to this requirement, and in
accordance with Department of Transportation (DOT) policies and
procedures, the FAA has estimated the anticipated benefits and costs of
this rulemaking action. The FAA has determined that this proposed rule
is not a ``significant rulemaking action,'' as defined by Executive
Order 12866 (Regulatory Planning and Review), and is not considered
significant under DOT Order 2100.5, Policies and Procedures for
Simplification, Analysis, and Review of Regulations. The anticipated
costs and benefits associated with this proposed rule are stated below.
The total number of reports submitted to the FAA is not expected to
change substantially. Although more specific and detailed reports will
generally be required, the clarification of reporting requirements
should expedite the reporting process. Therefore, the costs of
complying with the proposed rule change are not expected to differ
significantly from the costs of complying with the present
requirements. Increases in the volume of some types of reports are
expected to be offset by decreases in the volume of other types of
reports. New requirements to report on-ground incidents that may have
implications for flight safety and those pertaining to aging aircraft
issues should increase the volume of reports. Other provisions,
however, such as the elimination of duplicate reporting by the air
carriers and repair stations and the elimination of reports involving
issues of reliability (e.g., unscheduled stops or diversions from
routes), would reduce the number of required reports. In addition, Part
125 operators would not be required to report as many incidents as is
currently required. The FAA believes that the increased and decreased
reporting requirements are offsetting but invites comments from the
public regarding the validity of this assumption.
The purpose of the proposed rule is to enhance air carrier safety
by clarifying and standardizing reporting requirements and facilitating
the timely flow of information to the FAA. These data identify
mechanical problems that may be a serious hazard to the operation of an
aircraft. The information collected would be used to develop corrective
actions to eliminate the identified problems. Increased standardization
of these reports should make it easier for FAA personnel to interpret
their significance, thereby reducing the number of manhours devoted by
the FAA to processing and interpreting the information gleaned from
these reports.
One major safety benefit would result from the clarification of
reporting requirements that specifically address structural defects
normally associated with aging aircraft. Another benefit
[[Page 42002]]
would derive from the new requirement that air carriers report problems
that occur during ground operations that could affect flight safety.
The proposed rule would also explicitly permit the submission of
the required reports in an electronic form. Electronic submission of
data will give the FAA more timely information, thereby permitting
earlier recognition of significant trends. In addition, the allowance
of electronic reporting should reduce the processing and storage costs
of the air carriers. The costs of duplicating these reports, mailing
them to the FAA, and record-keeping should all be reduced. Because of
the negligible nature of many of these processing costs, however, any
cost-savings should be quite minor. In addition, the need for FAA-
compatible equipment/software may dilute some of these cost-savings, at
least initially. The FAA invites comments from the industry regarding
the potential magnitude of these cost-savings.
Regulatory Flexibility Determinations
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations. The RFA requires
agencies to review rules that may have a ``significant economic impact
on a substantial number of small entities.''
Under FAA Order 2100.14A, the criterion for a ``substantial
impact'' is a number that is not less than 11 and that is more than one
third of the small entities subject to the rule. For operators of
aircraft for hire, a small operator is one that owns, but not
necessarily operates, nine or fewer aircraft. The FAA's criterion for a
``significant impact'' is $116,300 or more per year for a scheduled
operator whose entire fleet has a seating capacity of 60 seats or more,
$65,000 for a scheduled operator with a fleet including smaller
aircraft, and $4,600 or more for an unscheduled operator.
Any incremental costs or cost-savings per operator are likely to be
nominal, however, for reasons previously noted. The FAA has therefore
determined that the proposed rule would not have a significant impact
on a substantial number of small entities. The FAA solicits comments
from the affected segment of the aviation industry regarding the
possible extent of any cost impacts.
International Trade Impact Assessment
The incremental costs and cost savings associated with the proposed
rule changes are not significant enough to result in relative trade
advantages to either U.S. or foreign entities. Therefore, the FAA has
determined that they would have no impact on the sale of foreign
products domestically, or the sale of U.S. products in foreign markets.
Federalism Implications
The regulations proposed herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposed rule would not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and International
Trade Impact Analysis, the FAA has determined that this proposed
regulation is not a significant regulatory action under Executive Order
12866. In addition, the FAA certifies that this proposal, if adopted,
will not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This proposal is not considered significant
under DOT Order 2100.5, Policies and Procedures for Simplification,
Analysis, and Review of Regulations. The FAA has determined that a
separate regulatory evaluation is not needed for this proposal, and all
information related to the costs and benefits, including an initial
Regulatory Flexibility Determination and an International Trade Impact
Analysis, is included in this document under the heading ``Regulatory
Evaluation Summary.''
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Safety.
14 CFR Part 127
Air carriers, Aircraft, Aviation safety, Helicopters, Reporting and
recordkeeping requirements.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 145
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR parts 121, 125, 127, 135, and
145 of the Federal Aviation Regulations as follows:
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-
1430, 1472, 1485, and 1502; 49 U.S.C. 106(g).
2. Section 121.703 is amended by revising the heading and
paragraphs (a), (c), (d), (e), (f), and (g) and by removing paragraph
(h) to read as follows:
Sec. 121.703 Operational difficulty reports.
(a) Each certificate holder shall report the occurrence or
detection of each failure, malfunction, or defect concerning--
(1) Any fire and, when monitored by a related fire-warning system,
whether the fire-warning system functioned properly;
(2) Any false fire or smoke warnings that require the use of
emergency procedures;
(3) An engine exhaust system that causes damage to the engine,
adjacent structure, equipment, or components;
(4) An aircraft component that causes the accumulation or
circulation of smoke, vapor, or toxic or noxious fumes requiring the
use of emergency procedures;
(5) Any engine flameout or shutdown during ground or flight
operations, excluding intentional engine shutdowns during such
operations (e.g., flight crew training, test flights, or while taxiing
to reduce fuel consumption);
(6) A propeller feathering system or ability of the system to
control overspeed;
(7) A fuel or fuel-dumping system that affects fuel flow or causes
hazardous leakage during flight;
(8) A landing gear extension or retraction or the opening or
closing of landing gear doors during flight;
(9) Any brake system component that results in any detectable loss
of brake actuating force when the aircraft is in motion on the ground,
excluding failures, malfunctions, or defects that are deferrable
according to the
[[Page 42003]]
Minimum Equipment List as provided for in Sec. 91.213;
(10) Any aircraft component or system that results in aborted
takeoffs after initiation of the takeoff roll or the taking of
emergency actions during flight; and
(11) Any emergency evacuation system or component including any
exit door, passenger emergency evacuation lighting system, or
evacuation equipment that is found to be defective, or that fails to
perform the intended function during an actual emergency or during
training, testing, maintenance, demonstrations, or inadvertent
deployments, excluding failures, malfunctions, or defects that are
deferrable according to the Minimum Equipment List as provided for in
Sec. 91.213.
(b) * * *
(c) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure,
malfunction, or defect in an aircraft, system, component, or powerplant
that occurs or is detected at any time if, in its opinion, that
failure, malfunction, or defect has endangered or may endanger the safe
operation of an aircraft.
(d) Each certificate holder shall submit each report required by
this section, covering each 24-hour period beginning at 0900 local time
of each day and ending at 0900 local time on the next day, to a
centralized collection point as specified by the FAA. Each certificate
holder also shall make the report data available for examination by the
Flight Standards District Office charged with the overall inspection of
the certificate holder in a form and manner acceptable to the
Administrator. Each report of occurrences during a 24-hour period shall
be submitted to the FAA within the next 72 hours. However, a report
that is due on Saturday or Sunday may be submitted on the following
Monday, and one that is due on a holiday may be submitted on the next
work day.
(e) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports shall include the information listed in
paragraphs (e)(1) through (e)(6) of this section and should include as
much information that is available for paragraphs (e)(7) through (e)(9)
of this section:
(1) Manufacturer, model, serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The date; flight number; station where the failure,
malfunction, or defect was detected; and the stage during which the
failure, malfunction, or defect occurred (e.g., preflight, taxi,
takeoff, climb, cruise, descent, approach, landing, or inspection).
(4) The nature of the failure, malfunction, or defect.
(5) The applicable FAA modified Air Transport Association
Specification 100 code (ATA code).
(6) The aircraft total time and total cycles.
(7) The engine or component serial number.
(8) The emergency procedure effected.
(9) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and the time since the last maintenance overhaul, repair, or
inspection.
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization, or that is a licensee of a Type Certificate, need not
report a failure, malfunction, or defect under this section if the
certificate holder has reported the failure, malfunction, or defect
under Sec. 21.3 of this chapter or under the accident reporting
provisions of part 830 of the regulations of the National
Transportation Safety Board.
(g) A report required by this section may be submitted by a
certificated repair station when the reporting task has been assigned
to it by a part 121 certificate holder. However, the part 121
certificate holder remains primarily responsible for ensuring
compliance with the provisions of this section. The part 121
certificate holder shall receive a copy of each report submitted by the
repair station.
3. Section 121.704 is added to read as follows:
Sec. 121.704 Structural difficulty reports.
(a) Each certificate holder shall report the occurrence or
detection of each failure or defect of each primary structure or
principal structural element, as defined in the manufacturer's
Maintenance Manual, which includes the aircraft's Structural Repair
Manual, related to--
(1) Corrosion that requires rework or blendout that exceeds the
manufacturer's Maintenance Manual (MM) allowable limits and requires a
repair or a complete or partial replacement of a primary structure or
principal structural element;
(2) Cracks that require a repair or a complete or partial
replacement of a primary structure or principal structural element;
(3) Disbonding that requires a repair or a complete or partial
replacement of a primary structure or principal structural element;
(4) Failures or defects repaired in accordance with data approved
by a Designated Engineering Representative (DER) or other approved data
not contained in the manufacturer's MM; and
(5) Any crack, fracture, or delamination of a primary structure or
principal structural element composed of composite materials.
(b) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure or
defect in aircraft structure that occurs or is detected at any time if,
in its opinion, that failure or defect has endangered or may endanger
the safe operation of any aircraft.
(c) Each certificate holder shall submit each report required by
this section covering such 24-hour period beginning at 0900 local time
of each day and ending at 0900 local time on the next day, to a
centralized collection point as specified by the FAA. Each certificate
holder also shall make the report data available for examination by the
Flight Standards District Office charged with the overall inspection of
the certificate holder in a form and manner acceptable to the
Administrator. Each report of occurrences during a 24-hour period shall
be submitted to the FAA within the next 72 hours. However, a report
that is due on Saturday or Sunday may be submitted on the following
Monday, and one that is due on a holiday may be submitted on the next
work day.
(d) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports shall include the following information
listed in paragraphs (d)(1) through (d)(6) of this section and should
include as much information that is available for paragraph (d)(7) of
this section:
(1) Manufacturer, model, serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The nature of the failure or defect and its location.
(4) The FAA-modified Air Transport Association Specification 100
code (ATA code).
(5) The aircraft total time and cycles.
(6) The date and station where the failure or defect was
discovered.
(7) Identification of the part or component involved (e.g.,
manufacturer's part number and serial number) and the time since the
last maintenance overhaul, repair, or inspection.
[[Page 42004]]
(e) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a TSO authorization, or that is a
licensee of a Type Certificate, need not report a failure, malfunction,
or defect under this section if the certificate holder has reported the
failure, malfunction, or defect under Sec. 21.3 of this chapter or
under the accident reporting provisions of part 830 of the regulations
of the National Transportation Safety Board.
(f) The reports required by this section may be submitted by a
certificated repair station when the reporting task has been assigned
to it by the part 121 certificate holder. However, the responsibility
for ensuring compliance with the provisions of this section may not be
delegated by the part 121 certificate holder. The part 121 certificate
holder shall receive a copy of each report.
4. Section 121.705 is revised to read as follows:
Sec. 121.705 Mechanical interruption summary report.
Each certificate holder shall regularly and promptly submit a
summary report to the Administrator following each interruption to a
flight, unscheduled change of aircraft en route, or unscheduled stop or
diversion from a route, caused by known or suspected mechanical
difficulties or malfunctions that are not required to be reported under
Secs. 121.703 or 121.704.
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
5. The authority citation for part 125 is revised to read as
follows:
Authority: 49 U.S.C. app. 1354, 1421 through 1430, and 1502; 49
U.S.C. 106(g).
6. Section 125.409 is revised to read as follows:
Sec. 125.409 Operational difficulty reports.
(a) Each certificate holder must report the occurrence or detection
of each failure, malfunction, or defect in an aircraft concerning--
(1) Any fire and, when monitored by a related fire-warning system,
whether the fire-warning system functioned properly;
(2) Any false fire or smoke warnings that require the use of
emergency procedures;
(3) An engine exhaust system that causes damage to an engine,
adjacent structure, equipment, or components;
(4) An aircraft component that causes the accumulation or
circulation of smoke, vapor, or toxic or noxious fumes requiring the
use of emergency procedures;
(5) Any engine flameout or shutdown during ground or flight
operations, excluding intentional engine shutdowns during such
operations (e.g., flight crew training, test flights, or taxiing to
reduce fuel consumption);
(6) A propeller feathering system or ability of the system to
control overspeed;
(7) A fuel or fuel dumping system that affects fuel flow or causes
hazardous leakage during flight;
(8) A landing gear extension or retraction or the opening or
closing of landing gear doors during flight;
(9) Any brake system component that results in any detectable loss
of brake actuating force when the aircraft is in motion on the ground,
excluding failures, malfunctions, or defects that are deferrable
according to the Minimum Equipment List as provided for in Sec. 91.213;
(10) Any aircraft component or system that results in aborted
takeoffs after initiation of the takeoff roll or the taking of
emergency actions during flight; and
(11) Any emergency evacuation system or component including any
exit door, passenger emergency evacuation lighting system, or
evacuation equipment that is found to be defective, or that fails to
perform the intended function during an actual emergency or during
training, testing, maintenance, demonstrations, or inadvertent
deployments, excluding failures, malfunctions, or defects that are
deferrable according to the Minimum Equipment List as provided for in
Sec. 91.213.
(b) For the purposes of this section, during flight means the
period from the moment the aircraft leaves the surface of the earth on
takeoff until it touches down on landing.
(c) In addition to the reports required by paragraph (a) of this
section, each certificate holder must report any other failure,
malfunction, or defect in an aircraft, system, component, or powerplant
that occurs or is detected at any time if, in its opinion, that
failure, malfunction, or defect has endangered or may endanger the safe
operation of an aircraft it uses.
(d) Each certificate holder must submit each report required by
this section as prescribed in paragraphs (a) and (c) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to the location where
the data base is maintained. Each certificate holder also must make the
report data available for examination by the Flight Standards District
Office charged with the overall inspection of the certificate holder in
a form and manner acceptable to the Administrator. Each report of
occurrences during a 24-hour period shall be submitted to the FAA
within the next 72 hours. However, a report that is due on Saturday or
Sunday may be submitted on the following Monday, and one that is due on
a holiday may be submitted on the next work day. For aircraft operating
in areas where mail is not collected, reports may be submitted within
24 hours after the aircraft returns to a point where mail is collected.
(e) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports shall include the information listed in
paragraphs (e)(1) to (e)(6) of this section and should include as much
information that is reasonably available for paragraphs (e)(7) to
(e)(9) of this section:
(1) Manufacturer, model serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The date; flight number; station where the failure,
malfunction, or defect was detected; and the stage during which the
failure, malfunction, or defect occurred (e.g., preflight, taxi,
takeoff, climb, cruise, descent, approach, landing, or inspection).
(4) The nature of the failure, malfunction, or defect.
(5) The applicable FAA-modified Air Transport Association
Specification 100 code (ATA code).
(6) The aircraft total time and total cycles.
(7) The engine or component serial number.
(8) The emergency procedure effected (e.g., unscheduled landing and
emergency descent).
(9) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and the time since the last maintenance overhaul, repair, or
inspection.
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization or that is a licensee of a Type Certificate need not
report a failure, malfunction, or defect under this section if it has
reported the failure, malfunction, or defect under Sec. 21.3 of this
chapter or under the accident reporting provisions of part 830 of the
[[Page 42005]]
regulations of the National Transportation Safety Board.
(g) Reports prescribed in paragraph (e) of this section may be
submitted by a certificated repair station when the reporting task has
been delegated by a part 125 certificate holder, under the provisions
of Secs. 145.63(d)(2) or 145.79(e)(2) of this chapter. However, the
responsibility for ensuring compliance with the provisions of this
section may not be delegated by the part 125 certificate holder. The
part 125 certificate holder must receive a copy of each report.
7. Section 125.410 is added to read as follows:
Sec. 125.410 Structural difficulty reports.
(a) Each certificate holder shall report the occurrence or
detection of each failure or defect of each primary structure or
principal structural element, as defined in the manufacturer's
Maintenance Manual (which includes the aircraft's Structural Repair
Manual and other manufacturer's documents that set forth maintenance
requirements) related to--
(1) Corrosion that requires rework or blendout that exceeds the
manufacturer's Maintenance Manual (MM) allowable limits and requires a
repair or a complete or partial replacement of a primary structure or
principal structural element;
(2) Cracks that require a repair or a complete or partial
replacement of a primary structure or principal structural element;
(3) Disbonding that requires a repair or a complete or partial
replacement of a primary structure or principal structural element;
(4) Failures or defects repaired in accordance with Designated
Engineering Representative (DER) data or other approved data not
contained in the manufacturer's MM; and
(5) Any crack, fracture, or delamination of a primary structure or
principal structural element composed of composite materials.
(b) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure or
defect in aircraft structure that occurs or is detected at any time if,
in its opinion, that failure or defect has endangered or may endanger
the safe operation of any aircraft it uses.
(c) Each certificate holder shall submit each report required by
this section, as prescribed in paragraphs (a) and (b) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to a centralized
collection point as specified by the FAA. Each certificate holder also
shall make the report data available for examination by the Flight
Standards District Office charged with the overall inspection of the
certificate holder in a form and manner acceptable to the
Administrator. Each report of occurrences during a 24-hour period shall
be submitted to the FAA within the next 72 hours. However, a report
that is due on Saturday or Sunday may be submitted on the following
Monday, and one that is due on a holiday may be submitted on the next
work day. For aircraft operating in areas where mail is not collected,
reports may be submitted within 24 hours after the aircraft returns to
a point where the mail is collected.
(d) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports must include the following information
listed in paragraph (d)(1) through (d)(6) of this section and should
include as much information that is reasonably available for paragraph
(d)(7) of this section:
(1) Manufacturer, model, serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The nature of the failure or defect and its location.
(4) The FAA-modified Air Transport Association Specification 100
code (ATA code).
(5) The aircraft total time and cycles.
(6) The data and station where the failure or defect was
discovered.
(7) Identification of the part or component involved (e.g.,
manufacturer's part number and serial number) and the time since the
last maintenance overhaul, repair, or inspection.
(e) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization or that is a licensee of a Type Certificate need not
report a failure, malfunction, or defect under this section if it has
reported the failure, malfunction, or defect under Sec. 21.3 of this
chapter or under the accident reporting provisions of part 830 of the
regulations of the National Transportation Safety Board.
(f) Reports prescribed in paragraph (d) of this section may be
submitted by a certificated repair station when the reporting task has
been assigned by the part 125 certificate holder under the provisions
of Secs. 145.63(d)(2) or 145.79(e)(2) of this chapter. However, the
responsibility for ensuring compliance with the provisions of this
section may not be delegated by the part 125 certificate holder. The
part 125 certificate holder shall receive a copy of each report.
PART 127--CERTIFICATION AND OPERATIONS OF SCHEDULED AIR CARRIERS
WITH HELICOPTERS
8. The authority citation for part 127 continues to read as
folllows:
Authority: 49 U.S.C. app. 1354(a) 1421, 1422, 1423, 1424, 1425,
1430; 49 U.S.C. 106(g).
9. Section 127.313 is revised to read as follows:
Sec. 127.313 Operational difficulty reports.
(a) Each air carrier shall report the occurrences or detection of
each failure, malfunction, or defect concerning--
(1) Any fire and, when monitored by a related fire-warning system,
whether the fire-warning system functioned properly;
(2) Any false fire or smoke warnings that require the use of
emergency procedures;
(3) An engine exhaust system that causes damage to an engine,
adjacent structure, equipment, or components;
(4) A helicopter component that causes the accumulation or
circulation of smoke, vapor, or toxic or noxious fumes requiring the
use of emergency procedures;
(5) Any engine flameout or shutdown during ground or flight
operations, excluding intentional engine shutdowns during such
operations (e.g., flight crew training, test flights, or taxiing to
reduce fuel consumption);
(6) A fuel or fuel dumping system that affects fuel flow or causes
hazardous leakage during flight;
(7) Any helicopter component or system that results in aborted
takeoffs after initiation of the takeoff or the taking of emergency
actions during flight;
(8) Main rotor or auxiliary rotor system; and
(9) Any emergency evacuation system or component including any exit
door, passenger emergency evacuation lighting system, or evacuation
equipment that is found to be defective, or that fails to perform the
intended function during an actual emergency or during training,
testing, maintenance, demonstrations, or inadvertent deployments,
excluding failures, malfunctions, or defects that are deferrable
according to the Minimum Equipment List as provided for in Sec. 91.213.
(10) A landing gear extension or retraction, or the opening or
closing of landing gear doors during flight;
[[Page 42006]]
(11) Any brake system component that results in any detectable loss
of brake actuating force when the aircraft is in motion on the ground.
(b) For the purposes of this section during flight means the period
from the moment the helicopter leaves the surface of the earth on
takeoff until it touches down on landing.
(c) In addition to the reports required by paragraph (a) of this
section, each air carrier shall report any other failure, malfunction,
or defect in a helicopter, system, component, or powerplant that occurs
or is detected at any time if, in the air carrier's opinion, the
failure, malfunction, or defect has endangered or may endanger the safe
operation of the helicopter it uses.
(d) Each air carrier shall submit each report required by this
section as prescribed in paragraphs (a) and (c) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to a centralized
collection point as specified by the FAA. Each certificate holder also
shall make the report data available for examination by the Flight
Standards District Office charged with the overall inspection of the
certificate holder in a form and manner acceptable to the
Administrator. Each report of occurrences during a 24-hour period shall
be submitted to the FAA within the next 72 hours. However, a report
that is due on Saturday or Sunday may be submitted on the following
Monday, and one that is due on a holiday may be submitted on the next
work day.
(e) The air carrier shall submit the reports required by this
section is an electronic form or another form acceptable to the
Administrator. The reports shall include the information listed in
paragraphs (e)(1) through (e)(6) of this section and should include as
much information that is reasonably available for paragraphs (e)(7)
through (e)(9) of this section:
(1) Manufacturer, model, serial number, and registration number of
the helicopter.
(2) The name of the air carrier.
(3) The date; flight number; station where the failure,
malfunction, or defect was detected; and the stage during which the
failure, malfunction, or defect occurred (e.g., preflight, taxi,
takeoff, climb, cruise, descent, landing, or inspection).
(4) The nature of the failure, malfunction, or defect.
(5) The applicable FAA-modified Air Transport Association
Specification 100 code (ATA code).
(6) The helicopter total time and total cycles.
(7) The engine or component serial number.
(8) The emergency procedure affected (e.g., unscheduled landing and
emergency descent).
(9) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and the time since the last maintenance overhaul, repair, or
inspection.
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization, or that is a licensee of a Type Certificate, need not
report a failure, malfunction, or defect under this section if it has
reported the failure, malfunction, or defect under Sec. 21.3 of this
chapter or under the accident reporting provisions of part 830 of the
regulations of the National Transportation Safety Board.
(g) Reports prescribed in paragraph (e) of this section may be
submitted by a certificated repair station when the reporting task has
been assigned by a part 127 air carrier, under the provisions of
Secs. 145.63(d)(3) or 145.79(e)(3) of this chapter. However, the
responsibility for ensuring compliance with the provisions of this
section may not be delegated by the part 127 air carrier. The part 127
air carrier shall receive a copy of each report.
10. Section 127.314 is added to read as follows:
Sec. 127.314 Structural difficulty reports.
(a) Each air carrier shall report the occurrence or detection of
each failure or defect of each primary structure or principal
structural element as defined in the manufacturer's Maintenance Manual
(which includes the aircraft's Structural Repair Manual and other
manufacturer's documents that set forth maintenance requirements)
related to--
(1) Corrosion that requires rework or blendout that exceeds the
manufacturer's Maintenance Manual (MM) allowable limits and requires a
repair or a complete or partial replacement of a primary structure or
principal structural element;
(2) Cracks that require a repair or a complete or partial
replacement of a primary structure or principal structural element;
(3) Disbonding that requires a repair or a complete or partial
replacement of a primary structure or principal structural element;
(4) Failures or defects repaired in accordance with Designated
Engineering Representative (DER) data or other approved data not
contained in the manufacturer's MM; and
(5) Any crack, fracture, or delamination of a primary structure or
principal structural element composed of composite materials.
(b) In addition to the reports required by paragraph (a) of this
section, each air carrier shall report any other failure or defect in
helicopter structure that occurs or is detected at any time if, in its
opinion, that failure or defect has endangered or may endanger the safe
operation of any helicopter it uses.
(c) Each air carrier shall submit each report required by this
section, as prescribed in paragraphs (a) and (b) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to the location where
the data base is maintained. Each certificate holder also shall make
the report data available for examination by the Flight Standards
District Office charged with the overall inspection of the certificate
holder in a form and manner acceptable to the Administrator. Each
report of occurrences during a 24-hour period shall be submitted to the
FAA within the next 72 hours. However, a report that is due on Saturday
or Sunday may be submitted on the following Monday, and one that is due
on a holiday may be submitted on the next work day.
(d) The air carrier shall submit the reports required by this
section in an electronic form or another form acceptable to the
Administrator. The reports shall include the information listed in
paragraphs (d)(1) through (d)(6) of this section and should include as
much information that is reasonably available for paragraph (d)(7) of
this section:
(1) Manufacturer, model, serial number, and registration number of
the helicopter.
(2) The name of the operator.
(3) The nature of the failure or defect and its location.
(4) The FAA-modified Air Transport Association Specification 100
code (ATA code).
(5) The helicopter total time and cycles.
(6) The date and station where the failure or defect was
discovered.
(7) Identification of the part or component involved (e.g.,
manufacturer's part number and serial number) and the time since the
last maintenance overhaul, repair, or inspection.
(e) An air carrier that is also the holder of a Type Certificate
(including a Supplemental Type Certificate), a Parts Manufacturer
Approval (PMA), or
[[Page 42007]]
a Technical Standard Order (TSO) authorization or that is a licensee of
a Type Certificate need not report a failure, malfunction, or defect
under this section if it has reported the failure, malfunction, or
defect under Sec. 21.3 of this chapter or under the accident reporting
provisions of part 830 of the regulations of the National
Transportation Safety Board.
(f) Reports prescribed in paragraph (d) of this section may be
submitted by a certificated repair station when the reporting task has
been assigned by the part 127 air carrier under the provisions of
Secs. 145.63(d)(3) or 145.79(e)(3) of this chapter. However, the
responsibility for ensuring compliance with the provisions of this
section may not be delegated by the part 127 air carrier. The part 127
air carrier shall receive a copy of each report.
11. Section 127.315 is revised to read as follows:
Sec. 127.315 Mechanical interruption summary report.
Each certificate holder shall regularly and promptly submit a
summary report to the Administrator following each interruption to a
flight, unscheduled change of aircraft en route, or unscheduled stop or
diversion from a route, caused by known or suspected mechanical
difficulties or malfunctions that are not required to be reported under
Sec. 127.313 or Sec. 127.314.
12. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355(a), 1421 through 1431,
and 1502; 49 U.S.C. 106(g).
13. Section 135.415 is amended by revising the heading and
paragraphs (a), (c), (d), (e), (f), and (g) and by removing paragraphs
(a)(12) through (a)(16) and paragraph (h) to read as follows:
Sec. 135.415 Operational difficulty reports.
(a) Each certificate holder shall report the occurrence or
detection of each failure, malfunction, or defect in an aircraft
concerning--
(1) Any fire and, when monitored by a related fire-warning system,
whether the fire-warning system functioned properly;
(2) Any false fire or smoke warnings that require the use of
emergency procedures;
(3) An engine exhaust system that causes damage to an engine,
adjacent structure, equipment or components;
(4) An aircraft component that causes the accumulation or
circulation of smoke, vapor, or toxic or noxious fumes requiring the
use of emergency procedures;
(5) Any engine flameout or shutdown during ground or flight
operations, excluding intentional engine shutdowns during such
operations (e.g., flight crew training, test flights, or taxiing to
reduce fuel consumption);
(6) A propeller feathering system or ability of the system to
control overspeed;
(7) A fuel or fuel-dumping system that affects fuel flow or causes
hazardous leakage during flight;
(8) A landing gear extension or retraction or the opening or
closing of landing gear doors during flight;
(9) Any brake system component that results in any detectable loss
of brake actuating force when the aircraft is in motion on the ground,
excluding failures, malfunctions, or defects that are deferrable
according to the Minimum Equipment List as provided for in Sec. 91.213;
(10) Any aircraft component or system that results in aborted
takeoffs after initiation of the takeoff roll or the taking of
emergency actions during flight; and
(11) Any emergency evacuation system or component including any
exit door, passenger emergency evacuation lighting system, or
evacuation equipment that is found to be defective, or that fails to
perform the intended function during an actual emergency or during
training, testing, maintenance, demonstrations, or inadvertent
deployments, excluding failures, malfunctions, or defects that are
deferrable according to the Minimum Equipment List as provided for in
Sec. 91.213.
(b) * * *
(c) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure,
malfunction, or defect in an aircraft, system, component, or powerplant
that occurs or is detected at any time if, in its opinion, that
failure, malfunction, or defect has endangered or may endanger the safe
operation of an aircraft it uses.
(d) Each certificate holder shall submit each report required by
this section as prescribed in paragraphs (a) and (c) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to the location where
the data base is maintained. Each certificate holder also shall make
the report data available for examination by the Flight Standards
District Office charged with the overall inspection of the certificate
holder in a form and manner acceptable to the Administrator. Each
report of occurrences during a 24-hour period shall be submitted to the
FAA within the next 72 hours. However, a report that is due on Saturday
or Sunday may be submitted on the following Monday, and one that is due
on a holiday may be submitted on the next work day. For aircraft
operating in areas where mail is not collected, reports may be
submitted within 24 hours after the aircraft returns to a point where
mail is collected.
(e) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports must include the information listed in
paragraphs (e)(1) through (e)(6) of this section and should include as
much information that is reasonably available for paragraphs (e)(7) to
(e)(9) of this section:
(1) Manufacturer, model, serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The date; flight number; station where the failure,
malfunction, or defect was detected; and the stage during which the
failure, malfunction, or defect occurred (e.g., preflight, taxi,
takeoff, climb, cruise, descent, approach, landing, or inspection).
(4) The nature of the failure, malfunction, or defect.
(5) The applicable FAA-modified Air Transport Association
Specification 100 code (ATA code).
(6) The aircraft total time and total cycles.
(7) The engine or component serial number.
(8) The emergency procedure affected (e.g., unscheduled landing and
emergency descent).
(9) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and the time since the last maintenance overhaul, repair, or
inspection.
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization or that is a licensee of a Type Certificate need not
report a failure, malfunction, or defect under this section if it has
reported the failure, malfunction, or defect under Sec. 21.3 of this
chapter or under the accident reporting provisions of part 830 of the
regulations of the National Transportation Safety Board.
(g) Reports prescribed in paragraph (e) of this section may be
submitted by a certificated repair station when the reporting task has
been assigned by a part 135 certificate holder, under the provisions of
Secs. 145.63(d)(4) or 145.79(e)(4) of this chapter. However, the
responsibility for ensuring compliance with the provisions of this
[[Page 42008]]
section may not be delegated by the part 135 certificate holder. The
part 135 certificate holder shall receive a copy of each report.
14. Section 135.416 is added to read as follows:
Sec. 135.416 Structural difficulty reports.
(a) Each certificate holder shall report the occurrence or
detection of each failure or defect of each primary structure or
principal structural element as defined in the manufacturer's
Maintenance Manual (which includes the aircraft's Structural Repair
Manual and other manufacturer's documents that set forth maintenance
requirements) related to--
(1) Corrosion that requires rework or blendout that exceeds the
manufacturer's Maintenance manual (MM) allowable limits and requires a
repair or a complete or partial replacement of a primary structure or
principal structural element;
(2) Cracks that require a repair or a complete or partial
replacement of a primary structure or principal structural element;
(3) Disbonding that requires a repair or a complete or partial
replacement of a primary structure or principal structural element;
(4) Failures or defects repaired in accordance with Designated
Engineering Representative (DER) data or other approved data not
contained in the manufacturer's MM; and
(5) Any crack, fracture, or delamination of a primary structure or
principal structural element composed of composite materials.
(b) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure or
defect in aircraft structure that occurs or is detected at any time if,
in its opinion, that failure or defect has endangered or may endanger
the safe operation of any aircraft it uses.
(c) Each certificate holder shall submit each report required by
this section, as prescribed in paragraphs (a) and (b) of this section,
covering each 24-hour period beginning at 0900 local time of each day
and ending at 0900 local time on the next day, to a centralized
collection point as specified by the FAA. Each certificate holder also
shall make the report data available for examination by the Flight
Standards District Office charged with the overall inspection of the
certificate holder in a form and manner acceptable to the
Administrator. Each report of occurrences during a 24-hour period shall
be submitted to the FAA within the next 72 hours. However, a report
that is due on Saturday or Sunday may be submitted on the following
Monday, and one that is due on a holiday may be submitted on the next
work day. For aircraft operating in areas where mail is not collected,
reports may be submitted within 24 hours after the aircraft returns to
a point where the mail is collected.
(d) The certificate holder shall submit the reports required by
this section in an electronic form or another form acceptable to the
Administrator. The reports must include the information listed in
paragraphs (d)(1) through (d)(6) of this section and should include as
much information that is reasonably available for paragraph (d)(7) of
this section:
(1) Manufacturer, model, serial number, and registration number of
the aircraft.
(2) The name of the operator.
(3) The nature of the failure or defect and its location.
(4) The FAA-modified Air Transport Association Specification 100
code (ATA code).
(5) The aircraft total time and cycles.
(6) The date and station where the failure or defect was
discovered.
(7) Identification of the part or component involved (e.g.,
manufacturer's part number and serial number) and the time since the
last maintenance overhaul, repair, or inspection.
(e) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a Technical Standard Order (TSO)
authorization or that is a licensee of a Type Certificate need not
report a failure, malfunction, or defect under this section if it has
reported the failure, malfunction, or defect under Sec. 21.3 of this
chapter or under the accident reporting provisions of part 830 of the
regulations of the National Transportation Safety Board.
(f) Reports prescribed in paragraph (d) of this section may be
submitted by a certificated repair station when the reporting task has
been assigned by the part 135 certificate holder under the provisions
of Secs. 145.63(d)(4) or 145.79(e)(4) of this chapter. However, the
responsibility of ensuring compliance with the provisions of this
section may not be delegated by the part 135 certificate holder. The
part 135 certificate holder shall receive a copy of each report.
15. Section 135.417 is revised to read as follows:
Sec. 135.417 Mechanical interruption summary report.
Each certificate holder shall regularly and promptly submit a
summary report to the Administrator following each interruption to a
flight, unscheduled change of aircraft en route, or unscheduled stop or
diversion from a route, caused by a known or suspected mechanical
difficulty or malfunction that is not required to be reported under
Sec. 135.415 or Sec. 135.316.
PART 145--REPAIR STATIONS
16. The authority citation for part 145 is revised to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355, 1421, and 1427.
17. Section 145.63 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 145.63 Reports of defects or unairworthy conditions.
* * * * *
(d) A certificated domestic repair station may submit an
operational or structural difficulty report for--
(1) A part 121 certificate holder under Sec. 121.703(g) or
Sec. 121.704(g) provided that the report meets the requirements of
Secs. 121.703(d) and 121.703(e) or Secs. 121.704(d) and 121.704(e) of
this chapter, as appropriate;
(2) A part 125 certificate holder under Sec. 125.409(g) or
Sec. 125.410(g) provided that the report meets the requirements of
Secs. 125.409(d) and 125.409(e) or Secs. 125.410(d) and 125.410(e) of
this chapter, as appropriate;
(3) A part 127 certificate holder under Sec. 127.313(g) or
Sec. 121.314(g) provided that the report meets the requirements of
Sec. 127.313(d) or Sec. 127.313(e) or Secs. 127.314(d) and 127.314(e)
of this chapter, as appropriate; or
(4) A part 135 certificate holder under Sec. 135.415(g) or
Sec. 135.416(g) provided that the report meets the requirements of
Secs. 135.415(d) and 135.415(e) or Secs. 135.416(d) and 135.416(e) of
this chapter, as appropriate.
(e) A certificated domestic repair station authorized to report a
failure, malfunction, or defect under paragraph (d) of this section
need not report the same failure, malfunction, or defect under
paragraph (a) of this section. A copy of the report submitted under
paragraph (d) of this section shall be forwarded to the certificate
holder.
18. Section 145.79 is amended by adding paragraphs (e) and (f) to
read as follows:
Sec. 145.79 Records and reports.
* * * * *
(e) A certificated foreign repair station may submit an operational
or structural difficulty report for--
(1) A part 121 certificate holder under Sec. 121.703(g) or
Sec. 121.704(g) provided
[[Page 42009]]
that the report meets the requirements of Secs. 121.703(d) and
121.703(e) or Secs. 121.704(d) and 121.704(e) of this chapter, as
appropriate;
(2) A part 125 certificate holder under Sec. 125.409(g) or
Sec. 125.410(g) provided that the report meets the requirements of
Secs. 125.409(d) and 125.409(e) or Secs. 125.410(d) and 125.410(e) of
this chapter, as appropriate;
(3) A part 127 certificate holder under Secs. 127.313(g) or
121.314(g) provided that the report meets the requirements of
Secs. 127.313(d) and 127.313(e) or Secs. 127.314(d) and 127.314(e) of
this chapter, as appropriate; or
(4) A part 135 certificate holder under Secs. 135.415(g) or
135.416(g) provided that the report meets the requirements of
Secs. 135.415(d) and 135.415(e) or Secs. 135.416(d) and 135.416(e) of
this chapter, as appropriate.
(f) A certificated domestic repair station authorized to report a
failure, malfunction, or defect under paragraph (d) of this section
need not report the same failure, malfunction, or defect under
paragraph (a) of this section. A copy of the report submitted under
paragraph (d) of this section shall be forwarded to the certificate
holder.
Issued in Washington, DC, on August 4, 1995.
William J. White,
Acting Director, Flight Standards Service, AFS-1.
[FR Doc. 95-19909 Filed 8-11-95; 8:45 am]
BILLING CODE 4910-13-M
