[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]]

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Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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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: [email protected]. 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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[[Page 41998]]

    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]
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