[Federal Register: August 16, 2004 (Volume 69, Number 157)]
[Proposed Rules]
[Page 50350-50351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au04-29]
[[Page 50350]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 129, and 135
[Docket No. FAA-2002-13458; Notice No. 04-04]
RIN 2120-AE92
Corrosion Prevention and Control Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Proposed rule, withdrawal.
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SUMMARY: The Federal Aviation Administration (FAA) withdraws the
proposal to require operators to include FAA-approved corrosion
prevention and control programs (CPCPs) in their maintenance or
inspection programs. The FAA has determined that existing CPCPs, either
mandated by airworthiness directive (AD) or incorporated through new
maintenance philosophies, sufficiently address the issues covered in
the proposed rule. The intent of this action is to explain to the
public the FAA's decision to withdraw the proposal.
FOR FURTHER INFORMATION CONTACT: Russell Jones, Flight Standards
Service, Aircraft Maintenance Division (AFS-300), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone (202) 267-7228.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2002, the FAA published a notice of proposed
rulemaking (67 FR 62142). The document proposed a requirement to
include FAA-approved CPCPs in operators maintenance or inspection
programs. The applicable airplanes were those operated under 14 CFR
part 121, all U.S.-registered multiengine airplanes operated in common
carriage by foreign air carriers or foreign persons under part 129, and
all multiengine airplanes used in scheduled operations under part 135.
The proposal's comment period closed on April 1, 2003.
Withdrawal of Proposal
The FAA withdraws Notice No. 02-16 (67 FR 62142, October 3, 2002)
because the FAA's safety objectives are being met without this
rulemaking.
Before issuing the CPCP proposal, the FAA issued ADs that mandated
corrosion prevention and control programs for certain older airplane
models where an unsafe condition existed. The AD-mandated CPCPs are
equal to the kinds of CPCPs the proposal would have required. The FAA
issued the CPCP proposed rule to expand the requirement for CPCPs to
airplane models not previously covered by ADs. Also, the FAA intended
to address the need for CPCPs globally, with the CPCP regulation,
rather than by issuing ADs on airplanes model-by-model. The proposal
was based on the CPCP-related ADs. Therefore, operators already in
compliance as a result of having the AD-mandated programs in place
would not have needed to make further changes to their maintenance
programs.
The FAA issued the earlier ADs against older transport category
airplanes first. During the period the CPCP rulemaking was pending, the
FAA had to issue more ADs to address corrosion concerns on many other
airplane models the proposal was intended to cover. Also, during this
interim period, airplane manufacturers came to better understand the
effects of corrosion and developed CPCPs (e.g., using Maintenance
SteeringGroup-3 (MSG-3) programs) for their new airplane models. The
MSG-3 process uses airline and manufacturer experience to develop
scheduled maintenance for new airplanes. Therefore, current production
airplane models, such as the Boeing 757, 767, 777, and 717, are being
delivered with an acceptable CPCP included as part of their maintenance
program. For new airplane designs that have maintenance programs
developed under the MSG-3 process, the corrosion inspections are
included in the original manufacturers' developed maintenance program.
The ADs the FAA issued and the aviation industry's actions have
resulted in about 92 percent of part 121 airplanes being covered by an
FAA-approved CPCP. Like part 121 operators, part 135 operators saw the
benefits of CPCPs and have begun to adopt these programs. In addition,
the FAA's cost-benefit analysis for the proposal was based on 1997
data. Since then, the number of affected airplanes have decreased. As
of 2002, only about 50 percent of part 135 airplanes in use in 1997
remained in operation within the U.S. By 2010, it is expected that only
about 11 percent will be in operation.
Discussion of Comments
The FAA sought and received comments on the proposed rule.
Comment
The commenters, while generally supportive of the need for a
systematic approach to corrosion prevention and control, questioned the
need for the rulemaking because of the progress they have made in
adopting CPCPs. The commenters said current maintenance programs
already include CPCP inspections required by AD or as part of an MSG-3
program. The commenters believe the proposal duplicates, conflicts
with, and further complicates how current CPCPs, which have proven
effective, are administered.
FAA Response
The FAA issued ADs before and after issuing the proposed CPCP rule.
These ADs covered airplane models where the potential for an unsafe
condition existed and where an approved CPCP was not in the maintenance
program. In addition, operators, using FAA-approved MSG-3 processes,
have continually incorporated CPCPs into their maintenance programs. In
developing these maintenance schedules, the MSG follows a service-
history-based approach to address items like corrosion prevention and
control. The FAA believes both the AD-mandated and MSG-3 programs are
effective in preventing and controlling corrosion. Currently about 92
percent of part 121 airplanes are covered by AD or by MSG-3 programs.
Therefore, the FAA believes the primary safety objectives of the
proposal are currently being met. The FAA intends to address any
corrosion-related unsafe conditions in the remaining airplanes in the
fleet by AD.
Comments
Multiple comments addressed the FAA's methodologies applied to the
cost-benefit analysis. Some commenters said the benefits given in the
proposal do not justify the costs. Other commenters questioned the
relevance of the data used in the analysis given that most of the part
121 and part 135 data are outdated and the numbers of applicable part
135 airplanes have decreased substantially.
FAA Response
Based on the benefits of mitigating corrosion on aircraft, industry
has helped to accomplish the objectives of this proposal by
incorporating FAA-approved MSG-3 processes into their maintenance
programs. The FAA determined that about 47 percent of the current part
121 fleet has maintenance programs that include MSG-3 processes. The
FAA also has mandated Airworthiness Directives (AD) for CPCP
inspections on another 45 percent of the part 121 transport category
fleet. This leaves only 8 percent of this fleet not covered by ADs or
MSG-3 maintenance processes.
[[Page 50351]]
For the CPCP proposed rule, the FAA based its analysis on 1997
data. The FAA found that as of 2002, only about 50 percent of the part
135 airplane fleet in use in 1997 were still operating in the U. S. By
2010, the FAA expects this percentage to decrease to only 11 percent.
Given that such a small percentage of the part 121 and part 135
fleets would be affected by the proposed rule, the FAA intends to
address the discovery of any remaining unsafe condition by issuing ADs.
The FAA expects these entire airplane fleets will soon be protected
either through industry practice, AD, or airplane retirement.
The FAA received comments disputing its assessment that the
benefits of the proposal justified the costs. Without arguing the
specifics of the methodology the FAA used in completing the analysis,
the FAA believes the joint action of industry and the FAA demonstrate
the benefits of the proposal justify the costs.
The many ADs issued across airplane models operated under part 121
are evidence of the accident risk resulting from corrosion. Each AD, by
itself, is proof that a significant accident risk exists. This risk has
been addressed in about 92 percent of the part 121 fleet by industry
and FAA actions. The response by industry to the corrosion problem
strongly supports the FAA's cost-benefit conclusion.
The FAA believes the essential safety objectives of the proposed
rule are being met through industry action, AD-mandated action, and the
substantial decline of the affected fleet. In the future, a discovery
of an unsafe condition will result in the issuance of an AD.
Comment
The commenters raised several other issues, including questions
about the proposed definition of Level 1 and Level 2 Corrosion.
FAA Response
The FAA is not responding to these other concerns in this document
since we are withdrawing the proposal.
For the reasons discussed in this document, the FAA believes it is
neither reasonable nor in the public interest to proceed with the CPCP
proposal. Therefore, the FAA withdraws Notice No. 02-16, published at
(67 FR 62142) on October 3, 2002. However, withdrawal of this proposed
rule does not preclude the FAA from issuing another proposal on the
same subject matter in the future or taking any future course of
action.
Issued in Washington, DC, on August 10, 2004.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 04-18633 Filed 8-13-04; 8:45 am]
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