[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Notices]
[Pages 24205-24206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11648]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Correcting Unsafe Conditions That May Develop in Foreign-
Manufactured Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of policy statement.

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SUMMARY: This notice announces the FAA's policy with respect to foreign 
mandatory continuing airworthiness information, when no aircraft of the 
affected design are currently in operation in the U.S.

FOR FURTHER INFORMATION CONTACT: Linda S. Walker, Aircraft Engineering 
Division, AIR-120, Aircraft Certification Service, FAA, 800 
Independence Avenue, S.W., Washington, D.C. 20591, telephone (202) 267-
9592.

SUPPLEMENTARY INFORMATION:

Discussion

    Safety of civil aircraft is assured by a number of means. First the 
design of such aircraft must meet the safety standards prescribed in 
parts 21 through 31 of the Federal Aviation Regulation (FAR). 
Compliance of a particular design (i.e. a particular model) with those 
standards is evidenced by the issuance of a document known as a type 
certificate. The drawings and other data which describe that design are 
known as the type design. A related document is the type certificate 
data sheet which prescribes the conditions and limitations under which 
the design meets those standards. Second, each individual aircraft must 
be shown to conform to that design and be in condition for safe 
operation. That an aircraft conforms to the approved design and is in 
condition for safe operation are evidenced by issuance of another 
document for that particular aircraft known as an airworthiness 
certificate. Once an individual aircraft receives an airworthiness 
certificate and goes into service, it must be properly maintained so 
that it remains in a condition for safe operation.
    Notwithstanding compliance with the above requirements, an unsafe 
condition may be discovered during the lifetime of the aircraft. If an 
unsafe condition is discovered, and the unsafe condition is likely to 
exist or develop in other aircraft of the same design, the FAA requires 
the operator of each affected aircraft to take action to correct that 
unsafe condition. The required corrective action is specified in a 
regulation known as an airworthiness directive. Depending on the nature 
of the unsafe condition, the required corrective action may include a 
modification of the aircraft, replacement of certain components, 
periodic inspections or imposition of additional operating limits.
    In the case of aircraft imported from other countries, the FAA 
relies to a certain extent on findings made on its behalf by the 
airworthiness authority of the state of design (i.e., the country 
having jurisdiction over the organization responsible for the type 
design). Under the provisions of Annex 8 to the Convention on 
International Civil Aviation (``Airworthiness of Aircraft'') and 
bilateral agreements (bilateral airworthiness agreements and bilateral 
aviation safety agreements), the airworthiness authority of the state 
of design certifies to the FAA that a design complies with the 
applicable standards. Based largely on that certification, the FAA 
issues a type certificate for that design. In addition, the 
airworthiness authority certifies to the FAA that an individual 
aircraft being imported into the U.S. conforms to that design and is in 
condition for safe operation. Based on that certification, the FAA 
issues a U.S. airworthiness certificate for that aircraft. Under the 
provisions of Annex 8 and the bilateral agreements, the airworthiness 
authority of the country of manufacture must also advise the FAA of all 
mandatory continuing airworthiness information (MCAI), i.e. the foreign 
equivalent to FAA airworthiness directives. The FAA assesses that 
information and determines whether to issue airworthiness directives to 
require the necessary corrective actions.
    In some instances, a type certificate is issued by the FAA for a 
foreign design long before an individual aircraft of that design is 
imported into the U.S. Similarly, there are instances in which no 
aircraft of a specific design currently has a U.S. airworthiness 
certificate because all that were imported have since been exported, 
damaged beyond repair or scrapped. Based on experience gained with 
aircraft of the same design operating in other countries, the 
airworthiness authority of the state of design frequently advises the 
FAA, in the meantime, of a number of mandatory airworthiness 
modifications and special inspections. Even when

[[Page 24206]]

there are no aircraft of a design currently operating in this country, 
the FAA's practice has been to issue corresponding airworthiness 
directives requiring the necessary corrective action to be taken in the 
event an aircraft of that design is imported later.
    It is recognized that this practice requires the expenditure of 
considerable FAA resources for safety benefits which could also be 
achieved through existing requirements for issuance of airworthiness 
certificates. As discussed above, the airworthiness authority of the 
state of design must, under the provisions of Annex 8 to the Convention 
on International Civil Aviation and bilateral agreements, certify to 
the FAA that an individual aircraft is in condition for safe operation. 
In order to make that certification, the authority must determine that 
the aircraft complies with each applicable MCAI it has issued. 
Sometimes a used aircraft of a particular design is imported from a 
country other than the state of design. In that event, the finding that 
the aircraft is in a condition for safe operation must be made by FAA 
personnel or persons authorized to do so on behalf of the FAA. 
Regardless of whether it is imported directly from the state of design, 
an aircraft must be found to be in a condition for safe operation 
before an airworthiness certificate can be issued; therefore, the 
issuance of an airworthiness directive merely duplicates existing 
requirements if no aircraft of the affected design (i.e. the affected 
model) already has a U.S. airworthiness certificate. In lieu of this 
duplicative practice, the FAA is adopting an alternative procedure that 
may be used when no aircraft of the affected model has been issued a 
U.S. airworthiness certificate.
    Under this alternative procedure, the FAA will continue to review 
each MCAI when received to determine whether it meets established FAA 
criteria for required corrective action. As is current FAA practice, no 
further action will be taken for an MCAI that does not meet those 
criteria. As is also the current practice, an airworthiness directive 
will be issued for an MCAI that meets those criteria if there is one or 
more aircraft of the affected design currently in service in this 
country. If no aircraft of the affected design currently has a U.S. 
airworthiness certificate, the FAA may elect to defer regulatory action 
on the MCAI that meet those criteria until an application for 
airworthiness certificate is made for an aircraft of that design. 
Compliance with the provisions of each MCAI that meets those criteria 
will be required then to support a finding that the aircraft is in a 
condition for safe operation. In the meantime, the FAA will make 
available, upon request, a list of such MCAI to prospective purchasers 
of aircraft of that design (i.e. that model).
    If an aircraft of the affected model does receive a U.S. 
airworthiness certificate, the FAA will amend the type certificate data 
sheet for that model to list the specific MCAI's for which compliance 
must be shown before the aircraft can be found to be in a condition for 
safe operation. The FAA will also publish a notice in the Federal 
Register at that time to inform the public of that amendment. The FAA 
will issue AD's for any subsequent MCAI's that meet FAA criteria for 
corrective action.
    This alternative procedure is not considered appropriate at this 
time for other products, such as engines or propellers, since there is 
presently no reliable means to ensure that none have been imported and 
installed in U.S. registered aircraft.

    Issued in Washington, DC, on April 24, 1998.
Abbas A. Rizvi,
Acting Manager, Aircraft Engineering Division, Aircraft Certification 
Service.
[FR Doc. 98-11648 Filed 4-30-98; 8:45 am]
BILLING CODE 4910-13-M