[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Proposed Rules]
[Pages 50350-50351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18633]



[[Page 50350]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 129, and 135

[Docket No. FAA-2002-13458; Notice No. 04-04]
RIN 2120-AE92


Corrosion Prevention and Control Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule, withdrawal.

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SUMMARY: The Federal Aviation Administration (FAA) withdraws the 
proposal to require operators to include FAA-approved corrosion 
prevention and control programs (CPCPs) in their maintenance or 
inspection programs. The FAA has determined that existing CPCPs, either 
mandated by airworthiness directive (AD) or incorporated through new 
maintenance philosophies, sufficiently address the issues covered in 
the proposed rule. The intent of this action is to explain to the 
public the FAA's decision to withdraw the proposal.

FOR FURTHER INFORMATION CONTACT: Russell Jones, Flight Standards 
Service, Aircraft Maintenance Division (AFS-300), Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591, 
telephone (202) 267-7228.

SUPPLEMENTARY INFORMATION: 

Background

    On October 3, 2002, the FAA published a notice of proposed 
rulemaking (67 FR 62142). The document proposed a requirement to 
include FAA-approved CPCPs in operators maintenance or inspection 
programs. The applicable airplanes were those operated under 14 CFR 
part 121, all U.S.-registered multiengine airplanes operated in common 
carriage by foreign air carriers or foreign persons under part 129, and 
all multiengine airplanes used in scheduled operations under part 135. 
The proposal's comment period closed on April 1, 2003.

Withdrawal of Proposal

    The FAA withdraws Notice No. 02-16 (67 FR 62142, October 3, 2002) 
because the FAA's safety objectives are being met without this 
rulemaking.
    Before issuing the CPCP proposal, the FAA issued ADs that mandated 
corrosion prevention and control programs for certain older airplane 
models where an unsafe condition existed. The AD-mandated CPCPs are 
equal to the kinds of CPCPs the proposal would have required. The FAA 
issued the CPCP proposed rule to expand the requirement for CPCPs to 
airplane models not previously covered by ADs. Also, the FAA intended 
to address the need for CPCPs globally, with the CPCP regulation, 
rather than by issuing ADs on airplanes model-by-model. The proposal 
was based on the CPCP-related ADs. Therefore, operators already in 
compliance as a result of having the AD-mandated programs in place 
would not have needed to make further changes to their maintenance 
programs.
    The FAA issued the earlier ADs against older transport category 
airplanes first. During the period the CPCP rulemaking was pending, the 
FAA had to issue more ADs to address corrosion concerns on many other 
airplane models the proposal was intended to cover. Also, during this 
interim period, airplane manufacturers came to better understand the 
effects of corrosion and developed CPCPs (e.g., using Maintenance 
SteeringGroup-3 (MSG-3) programs) for their new airplane models. The 
MSG-3 process uses airline and manufacturer experience to develop 
scheduled maintenance for new airplanes. Therefore, current production 
airplane models, such as the Boeing 757, 767, 777, and 717, are being 
delivered with an acceptable CPCP included as part of their maintenance 
program. For new airplane designs that have maintenance programs 
developed under the MSG-3 process, the corrosion inspections are 
included in the original manufacturers' developed maintenance program.
    The ADs the FAA issued and the aviation industry's actions have 
resulted in about 92 percent of part 121 airplanes being covered by an 
FAA-approved CPCP. Like part 121 operators, part 135 operators saw the 
benefits of CPCPs and have begun to adopt these programs. In addition, 
the FAA's cost-benefit analysis for the proposal was based on 1997 
data. Since then, the number of affected airplanes have decreased. As 
of 2002, only about 50 percent of part 135 airplanes in use in 1997 
remained in operation within the U.S. By 2010, it is expected that only 
about 11 percent will be in operation.

Discussion of Comments

    The FAA sought and received comments on the proposed rule.

Comment

    The commenters, while generally supportive of the need for a 
systematic approach to corrosion prevention and control, questioned the 
need for the rulemaking because of the progress they have made in 
adopting CPCPs. The commenters said current maintenance programs 
already include CPCP inspections required by AD or as part of an MSG-3 
program. The commenters believe the proposal duplicates, conflicts 
with, and further complicates how current CPCPs, which have proven 
effective, are administered.

FAA Response

    The FAA issued ADs before and after issuing the proposed CPCP rule. 
These ADs covered airplane models where the potential for an unsafe 
condition existed and where an approved CPCP was not in the maintenance 
program. In addition, operators, using FAA-approved MSG-3 processes, 
have continually incorporated CPCPs into their maintenance programs. In 
developing these maintenance schedules, the MSG follows a service-
history-based approach to address items like corrosion prevention and 
control. The FAA believes both the AD-mandated and MSG-3 programs are 
effective in preventing and controlling corrosion. Currently about 92 
percent of part 121 airplanes are covered by AD or by MSG-3 programs. 
Therefore, the FAA believes the primary safety objectives of the 
proposal are currently being met. The FAA intends to address any 
corrosion-related unsafe conditions in the remaining airplanes in the 
fleet by AD.

Comments

    Multiple comments addressed the FAA's methodologies applied to the 
cost-benefit analysis. Some commenters said the benefits given in the 
proposal do not justify the costs. Other commenters questioned the 
relevance of the data used in the analysis given that most of the part 
121 and part 135 data are outdated and the numbers of applicable part 
135 airplanes have decreased substantially.

FAA Response

    Based on the benefits of mitigating corrosion on aircraft, industry 
has helped to accomplish the objectives of this proposal by 
incorporating FAA-approved MSG-3 processes into their maintenance 
programs. The FAA determined that about 47 percent of the current part 
121 fleet has maintenance programs that include MSG-3 processes. The 
FAA also has mandated Airworthiness Directives (AD) for CPCP 
inspections on another 45 percent of the part 121 transport category 
fleet. This leaves only 8 percent of this fleet not covered by ADs or 
MSG-3 maintenance processes.

[[Page 50351]]

    For the CPCP proposed rule, the FAA based its analysis on 1997 
data. The FAA found that as of 2002, only about 50 percent of the part 
135 airplane fleet in use in 1997 were still operating in the U. S. By 
2010, the FAA expects this percentage to decrease to only 11 percent.
    Given that such a small percentage of the part 121 and part 135 
fleets would be affected by the proposed rule, the FAA intends to 
address the discovery of any remaining unsafe condition by issuing ADs. 
The FAA expects these entire airplane fleets will soon be protected 
either through industry practice, AD, or airplane retirement.
    The FAA received comments disputing its assessment that the 
benefits of the proposal justified the costs. Without arguing the 
specifics of the methodology the FAA used in completing the analysis, 
the FAA believes the joint action of industry and the FAA demonstrate 
the benefits of the proposal justify the costs.
    The many ADs issued across airplane models operated under part 121 
are evidence of the accident risk resulting from corrosion. Each AD, by 
itself, is proof that a significant accident risk exists. This risk has 
been addressed in about 92 percent of the part 121 fleet by industry 
and FAA actions. The response by industry to the corrosion problem 
strongly supports the FAA's cost-benefit conclusion.
    The FAA believes the essential safety objectives of the proposed 
rule are being met through industry action, AD-mandated action, and the 
substantial decline of the affected fleet. In the future, a discovery 
of an unsafe condition will result in the issuance of an AD.

Comment

    The commenters raised several other issues, including questions 
about the proposed definition of Level 1 and Level 2 Corrosion.

FAA Response

    The FAA is not responding to these other concerns in this document 
since we are withdrawing the proposal.
    For the reasons discussed in this document, the FAA believes it is 
neither reasonable nor in the public interest to proceed with the CPCP 
proposal. Therefore, the FAA withdraws Notice No. 02-16, published at 
(67 FR 62142) on October 3, 2002. However, withdrawal of this proposed 
rule does not preclude the FAA from issuing another proposal on the 
same subject matter in the future or taking any future course of 
action.

    Issued in Washington, DC, on August 10, 2004.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 04-18633 Filed 8-13-04; 8:45 am]
BILLING CODE 4910-13-P