[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR129.109]

[Page 1050]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 129_OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-
 
        Subpart B_Continued Airworthiness and Safety Improvements
 
Sec. 129.109  Supplemental inspections for U.S.-registered aircraft.

    (a) Applicability. This section applies to U.S.-registered, 
transport category, turbine powered airplanes with a type certificate 
issued after January 1, 1958 that as a result of original type 
certification or later increase in capacity have--
    (1) A maximum type certificated passenger seating capacity of 30 or 
more; or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) General requirements. After December 20, 2010, a foreign air 
carrier or foreign person may not operate an airplane under this part 
unless the following requirements have been met:
    (1) The maintenance program for the airplane includes FAA-approved 
damage-tolerance-based inspections and procedures for airplane structure 
susceptible to fatigue cracking that could contribute to a catastrophic 
failure. These inspections and procedures must take into account the 
adverse affects repairs, alterations, and modifications may have on the 
fatigue cracking and the inspection of this airplane structure.
    (2) The damage-tolerance-based inspections and procedures identified 
in this section and any revisions to these inspections and procedures 
must be approved by the Aircraft Certification Office or office of the 
Transport Airplane Directorate with oversight responsibility for the 
relevant type certificate or supplemental type certificate, as 
determined by the Administrator. The operator must include the damage-
tolerance-based inspections and procedures in the operator's FAA-
approved maintenance program.

[Doc. No. FAA-1999-5401, 70 FR 5532, Feb. 2, 2005. Redesignated by Amdt. 
129-43, 72 FR 63413, Nov. 8, 2007]

    Effective Date Note: At 72 FR 70508, Dec. 12, 2007, Sec. 129.109 
was amended by revising paragraph (b), effective Jan. 11, 2008. For the 
convenience of the user, the revised text is set forth as follows:


[Page 1050]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 129_OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-
 
        Subpart B_Continued Airworthiness and Safety Improvements
 
Sec. 129.109  Supplemental inspections for U.S.-registered aircraft.

                                * * * * *

    (b) General requirements. After December 20, 2010, a certificate 
holder may not operate an airplane under this part unless the following 
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance program 
for the airplane includes FAA-approved damage-tolerance-based 
inspections and procedures for airplane structure susceptible to fatigue 
cracking that could contribute to a catastrophic failure. For the 
purpose of this section, this structure is termed ``fatigue critical 
structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The 
maintenance program for the airplane includes a means for addressing the 
adverse effects repairs, alterations, and modifications may have on 
fatigue critical structure and on inspections required by paragraph 
(b)(1) of this section. The means for addressing these adverse effects 
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the 
maintenance program required by paragraph (b)(1) and (b)(2) of this 
section, and any later revisions to these changes, must be submitted to 
the Principal Maintenance Inspector for review and approval.