[Federal Register: February 15, 2007 (Volume 72, Number 31)]
[Rules and Regulations]
[Page 7346-7348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe07-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 121 and 135
[Docket No. FAA-2002-6717; Amendment Nos. 1-55, 121-329, 135-108]
RIN 2120-AI03
Extended Operations (ETOPS) of Multi-Engine Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: The Federal Aviation Administration is correcting a final rule
published in the Federal Register on January 16, 2007 (72 FR 1808).
That final rule applied to air carrier (part 121), commuter, and on-
demand (part 135) turbine powered multi-engine airplanes used in
passenger-carrying, and some all-cargo, extended-range operations. This
amendment corrects the rule language applicable to dual maintenance and
formatting of a Part 1 definition and section of Appendix G. None of
these changes is substantive, but will clarify the FAA's intent of the
final rule for the public.
DATES: These amendments become effective February 15, 2007.
FOR FURTHER INFORMATION CONTACT: For technical information on
operational issues, contact Robert Reich, Flight
[[Page 7347]]
Standards Service, Federal Aviation Administration, 800 Independence
Ave., SW., Washington, DC 20591; telephone (202) 267-8166; facsimile
(202) 267-5229; e-mail Robert.Reich@faa.gov. For technical information
on certification issues, contact Steve Clark, Transport Airplane
Directorate, ANM-140S, 1601 Lind Ave., Renton, WA 98055; telephone
(425) 917-6496; facsimile (425) 917-6590; e-mail
Steven.P.Clark@FAA.gov. For legal information, contact Bruce
Glendening, Office of the Chief Counsel, Division of Regulations,
Federal Aviation Administration, 800 Independence Avenue, Washington,
DC 20591; telephone (202) 267-3073; facsimile (202) 267-7971; e-mail
Bruce.Glendening@faa.gov.
SUPPLEMENTARY INFORMATION: The final rule, Extended Operations (ETOPS)
of Multi-engine Airplanes, applied to air carrier (part 121), commuter,
and on-demand (part 135) turbine powered multi-engine airplanes used in
passenger-carrying, extended-range operations. (January 16, 2007; 72 FR
1808) All-cargo operations in airplanes with more than two engines of
both part 121 and part 135 were exempted from the majority of this
rule. The rule established regulations governing the design, operation
and maintenance of certain airplanes operated on flights that fly long
distances from an adequate airport. It codified current FAA policy,
industry best practices and recommendations, as well as international
standards designed to ensure long-range flights will continue to
operate safely. To ease the transition for current operators, the rule
included delayed compliance dates for certain ETOPS requirements.
Need for the Correction
Following publication of the final rule, it was brought to the
attention of the FAA that the original intent of the concept of ``dual
maintenance'' in the final rule did not codify existing FAA ETOPS
guidance as published in the notice of proposed rulemaking. This
amendment clarifies that language in 14 CFR 121.374.
The concept of ``dual maintenance'' was set out in the preamble to
the NPRM:
``(2) Dual Maintenance
Dual maintenance is a concept relating to repetition of maintenance
errors on redundant systems. There have been instances of a single
mechanic repeating a maintenance error on multiple systems. An example
of dual maintenance error is failing to install o-rings on engine oil
or fuel components on multiple engines. Establishing procedures to
avoid dual maintenance can minimize the probability of such errors. The
use of two or more mechanics reduces the risk of this type of error.
Routine tasks on multiple similar elements, such as oil and fuel filter
changes, should never be scheduled and assigned on the same maintenance
visit.
However, the FAA is aware that under some limited circumstances,
dual maintenance may be unavoidable. For instance, a pilot's report of
a discrepancy on an ETOPS significant system may require maintenance on
one engine at the same time as a scheduled maintenance event for the
other engine. In such cases, the certificate holder must establish and
follow procedures to mitigate the risk of a common cause human error.''
The final rule, however, would appear to go beyond this concept and
prohibit the maintenance of more than one ETOPS Significant System
during a single maintenance visit. In the final rule, 14 CFR 121.374
(c) read:
``(c) Limitations on dual maintenance.
(1) Except as specified in paragraph (c)(2), the certificate holder
may not perform scheduled or unscheduled maintenance during the same
maintenance visit on more than one ETOPS Significant System listed in
the ETOPS maintenance document, if the improper maintenance could
result in the failure of an ETOPS Significant System.
(2) In the event an unforeseen circumstance prevents the
certificate holder from complying with paragraph (c)(1) of this
section, the certificate holder may perform maintenance on more than
one ETOPS Significant System provided:
(i) The maintenance action on each ETOPS Significant System is
performed by a different technician, or
(ii) The maintenance action on each ETOPS Significant System is
performed by the same technician under the direct supervision of a
second qualified individual; and
(iii) For either paragraph (c)(2)(i) or (ii) of this section, a
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant
to paragraph (d) of this section.''
As written, a certificate holder would be forced to schedule a
separate maintenance visit for each ETOPS significant system; moreover,
scheduled maintenance would not qualify as an ``unforeseen
circumstance'' in paragraph (2). The FAA finds that the intent of dual
maintenance is clarified by writing 14 CFR 121.374 (c) as:
``(c) Limitations on dual maintenance.
(1) Except as specified in paragraph (c)(2), the certificate holder
may not perform scheduled or unscheduled dual maintenance during the
same maintenance visit on the same or a substantially similar ETOPS
Significant System listed in the ETOPS maintenance document, if the
improper maintenance could result in the failure of an ETOPS
Significant System.
(2) In the event dual maintenance as defined in paragraph (c)(1) of
this section can not be avoided, the certificate holder may perform
maintenance provided:
(i) The maintenance action on each affected ETOPS Significant
System is performed by a different technician, or
(ii) The maintenance action on each affected ETOPS Significant
System is performed by the same technician under the direct supervision
of a second qualified individual; and
(iii) For either paragraph (c)(2)(i) or (ii) of this section, a
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant
to paragraph (d) of this section.''
Additionally, in Part 1, Definitions, the FAA corrects the
definition of Extended operation (ETOPS) to add commas to avoid
misinterpretation. Also, we correct the numbering of section G135.2.7
in Appendix G in Part 135.
Corrections
Part 1--Commas inserted in the definition of ETOPS in section 1.1
to avoid misinterpretation.
Part 121--Section 121.374 (c) is re-written to clarify restrictions
on dual maintenance.
Part 135--Section G135.2.7 is re-numbered correctly.
List of Subjects
14 CFR Parts 1 and 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Drug abuse, Drug testing, Reporting and recordkeeping requirements,
Safety, Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
The Amendment
0
Accordingly, the Federal Aviation Administration amends 14 CFR parts 1,
121, and 135 as follows:
[[Page 7348]]
PART 1--DEFINITIONS AND ABBREVIATIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
0
2. In Sec. 1.1, revise the following definition, in alphabetical
order, to read as follows:
Sec. 1.1 General definitions.
* * * * *
Extended Operations (ETOPS) means an airplane flight operation,
other than an all-cargo operation in an airplane with more than two
engines, during which a portion of the flight is conducted beyond a
time threshold identified in part 121 or part 135 of this chapter that
is determined using an approved one-engine-inoperative cruise speed
under standard atmospheric conditions in still air.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.
0
4. In Sec. 121.374, revise paragraph (c) to read as follows:
* * * * *
(c) Limitations on dual maintenance.
(1) Except as specified in paragraph (c)(2), the certificate holder
may not perform scheduled or unscheduled dual maintenance during the
same maintenance visit on the same or a substantially similar ETOPS
Significant System listed in the ETOPS maintenance document, if the
improper maintenance could result in the failure of an ETOPS
Significant System.
(2) In the event dual maintenance as defined in paragraph (c)(1) of
this section cannot be avoided, the certificate holder may perform
maintenance provided:
(i) The maintenance action on each affected ETOPS Significant
System is performed by a different technician, or
(ii) The maintenance action on each affected ETOPS Significant
System is performed by the same technician under the direct supervision
of a second qualified individual; and
(iii) For either paragraph (c)(2)(i) or (ii) of this section, a
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant
to paragraph (d) of this section.
* * * * *
PART 135--OPERATING REQUIREMENTS; COMMUTER AND ON DEMAND OPERATION
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
5. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722.
0
6. In appendix G of part 135, revise section 135.2.7 to read as
follows:
Appendix G to Part 135--Extended Operations (ETOPS)
* * * * *
G135.2.7 Fuel Requirements. No person may dispatch or release
for flight an ETOPS flight unless, considering wind and other
weather conditions expected, it has the fuel otherwise required by
this part and enough fuel to satisfy each of the following
requirements:
(a) Fuel to fly to an ETOPS Alternate Airport.
(1) Fuel to account for rapid decompression and engine failure.
The airplane must carry the greater of the following amounts of
fuel:
(i) Fuel sufficient to fly to an ETOPS Alternate Airport
assuming a rapid decompression at the most critical point followed
by descent to a safe altitude in compliance with the oxygen supply
requirements of Sec. 135.157;
(ii) Fuel sufficient to fly to an ETOPS Alternate Airport (at
the one-engine-inoperative cruise speed under standard conditions in
still air) assuming a rapid decompression and a simultaneous engine
failure at the most critical point followed by descent to a safe
altitude in compliance with the oxygen requirements of Sec.
135.157; or
(iii) Fuel sufficient to fly to an ETOPS Alternate Airport (at
the one-engine-inoperative cruise speed under standard conditions in
still air) assuming an engine failure at the most critical point
followed by descent to the one engine inoperative cruise altitude.
(2) Fuel to account for errors in wind forecasting. In
calculating the amount of fuel required by paragraph G135.2.7(a)(1)
of this appendix, the certificate holder must increase the actual
forecast wind speed by 5% (resulting in an increase in headwind or a
decrease in tailwind) to account for any potential errors in wind
forecasting. If a certificate holder is not using the actual
forecast wind based on a wind model accepted by the FAA, the
airplane must carry additional fuel equal to 5% of the fuel required
by paragraph G135.2.7(a) of this appendix, as reserve fuel to allow
for errors in wind data.
(3) Fuel to account for icing. In calculating the amount of fuel
required by paragraph G135.2.7(a)(1) of this appendix, (after
completing the wind calculation in G135.2.7(a)(2) of this appendix),
the certificate holder must ensure that the airplane carries the
greater of the following amounts of fuel in anticipation of possible
icing during the diversion:
(i) Fuel that would be burned as a result of airframe icing
during 10 percent of the time icing is forecast (including the fuel
used by engine and wing anti-ice during this period).
(ii) Fuel that would be used for engine anti-ice, and if
appropriate wing anti-ice, for the entire time during which icing is
forecast.
(4) Fuel to account for engine deterioration. In calculating the
amount of fuel required by paragraph G135.2.7(a)(1) of this appendix
(after completing the wind calculation in paragraph G135.2.7(a)(2)
of this appendix), the certificate holder must ensure the airplane
also carries fuel equal to 5% of the fuel specified above, to
account for deterioration in cruise fuel burn performance unless the
certificate holder has a program to monitor airplane in-service
deterioration to cruise fuel burn performance.
(b) Fuel to account for holding, approach, and landing. In
addition to the fuel required by paragraph G135.2.7 (a) of this
appendix, the airplane must carry fuel sufficient to hold at 1500
feet above field elevation for 15 minutes upon reaching the ETOPS
Alternate Airport and then conduct an instrument approach and land.
(c) Fuel to account for APU use. If an APU is a required power
source, the certificate holder must account for its fuel consumption
during the appropriate phases of flight.
* * * * *
Issued in Washington, DC on February 9, 2007.
Rebecca MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 07-704 Filed 2-12-07; 3:52 pm]
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