[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Rules and Regulations]
[Pages 26540-26542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. FAA-2002-6717; Amendment Nos. 121-329, 135-108]
RIN 2120-AI03


Extended Operations (ETOPS) of Multi-Engine Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration is correcting a final rule 
published in the Federal Register on January 16, 2007 (72 FR 1808). 
That final rule applied to air carrier (part 121), commuter, and on-
demand (part 135) turbine powered multi-engine airplanes used in 
passenger-carrying, and some all-cargo, extended-range operations. This 
amendment adds the Office of Management and Budget (OMB) Information 
Collection Control Number indicating approval of the information 
collection requirements of the final rule. This amendment also makes 
three corrections: In part 135, it corrects the dual maintenance 
paragraph to conform to part 121 and deletes a redundant defining of 
``adequate airport''; in part 121 it corrects the rule language 
applicable to those persons who must accomplish and certify by 
signature the completion of ETOPS tasks; and in parts 121 and 135 it 
corrects the hours required for notification of maintenance problems 
based on an earlier FAA rulemaking. None of these changes is 
substantive, but will clarify the final rule for the affected public.

DATES: These amendments become effective May 10, 2007.

FOR FURTHER INFORMATION CONTACT: For technical information on 
operational issues, contact Robert Reich, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Ave., SW, Washington, 
DC 20591; telephone (202) 267-8166; facsimile (202) 267-5229; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The final rule, Extended Operations (ETOPS) of Multi-engine 
Airplanes, applied to air carrier (part 121), commuter, and on-demand 
(part 135) turbine powered multi-engine airplanes used in passenger-
carrying, extended-range operations. (January 16, 2007; 72 FR 1808) 
All-cargo operations in airplanes with more than two engines of both 
part 121 and part 135 were exempted from the majority of this rule. The 
rule established regulations governing the design, operation and 
maintenance of certain airplanes operated on flights that fly long 
distances from an adequate airport. It codified current FAA policy, 
industry best practices and recommendations, as well as international 
standards designed to ensure long-range flights will continue to 
operate safely. To ease the transition for current operators, the rule 
included delayed compliance dates for certain ETOPS requirements.

Information Collection Requirements Control Number

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA submitted a copy of the new information collection 
requirements in this final rule to the Office of Management and Budget 
for its review. OMB approved the collection of this information and 
assigned OMB Control Number 2120-0718.

Explanation of Corrections

Part 135 Conforming Changes for Appendix G

    Following publication of the final rule, it was brought to the 
attention of the FAA that the concept of ``dual maintenance'' in the 
final rule did not codify existing FAA ETOPS guidance as published in 
the notice of proposed rulemaking. Essentially, the final rule would 
have prohibited the maintenance of more than one ETOPS significant 
system during the same maintenance visit. The FAA published a 
correction to the final rule on February 15, 2007, revising this 
language for part 121. (See 72 FR 7346; 15 February, 2007.) Today's 
amendment makes the same change for 14 CFR 135 in appendix G, section 
G135.2.8 (c). Section G135.2.8 (c) is changed to read:

    ``(c) Limitations on dual maintenance.
    (1) Except as specified in paragraph G135.2.8 (c) (2) of this 
appendix, the certificate holder may not perform scheduled or 
unscheduled dual maintenance during the same maintenance visit on 
the same or a substantially similar ETOPS Significant System listed 
in the ETOPS maintenance document, if the improper maintenance could 
result in the failure of an ETOPS Significant System.
    (2) In the event dual maintenance as defined in paragraph 
G135.2.8 (c) (1) of this appendix can not be avoided, the 
certificate holder may perform maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant 
System is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is

[[Page 26541]]

performed by the same technician under the direct supervision of a 
second qualified individual; and
    (iii) For either paragraph G135.2.8 (c) (2) (i) or (ii) of this 
appendix, a qualified individual conducts a ground verification test 
and any in-flight verification test required under the program 
developed pursuant to paragraph G135.2.8 (d) of this appendix.''

    Also in part 135, the FAA notes a redundancy in Sec.  135.364, 
Maximum flying time outside the United States. Paragraph (b) repeats 
the definition of ``adequate airport'', which is found in section 
G135.1.1, and adds other references that may be confusing. Therefore, 
the FAA deletes paragraph (b) of this section as unnecessary to the 
final rule. Section 135.364 now reads--

``Sec.  135.364 Maximum flying time outside the United States.
    After February 15, 2008, no certificate holder may operate an 
airplane, other than an all-cargo airplane with more than two 
engines, on a planned route that exceeds 180 minutes flying time (at 
the one-engine-inoperative cruise speed under standard conditions in 
still air) from an Adequate Airport outside the continental United 
States unless the operation is approved by the FAA in accordance 
with Appendix G of this part, Extended Operations (ETOPS).''

14 CFR 121.374(e), Task Identification

    The second change is made to the language of section 121.374(e) 
that calls for an ``appropriately certificated'' mechanic to certify by 
signature that the ETOPS specific task has been performed. In the final 
rule, paragraph (e) of 14 CFR 121.374 reads--

    ``(e) Task identification. The certificate holder must identify 
all ETOPS-specific tasks. An appropriately certificated mechanic who 
is ETOPS Qualified must accomplish and certify by signature that the 
ETOPS-specific task has been completed.''

    In the NPRM, the wording was for a ``qualified mechanic'' to 
perform this task. In reviewing the section, the FAA has determined 
that the appropriate term is ``trained mechanic.'' There is no specific 
ETOPS certification that a person could present to prove 
``certification'' or ``qualification,'' but a properly ``trained'' 
mechanic who is ``ETOPS qualified'' is a term understood by the ETOPS 
community. Thus, section 121.374(e) now reads:

    ``(e) Task identification. The certificate holder must identify 
all ETOPS -specific tasks. An appropriately trained mechanic who is 
ETOPS qualified must accomplish and certify by signature that the 
ETOPS-specific task has been completed.''

Conforming Change--14 CFR 121.374(h)(1) and appendix G of 14 CFR 135 to 
14 CFR 121.703(d)

    The third change conforms the reporting hours in 14 CFR 121.374 and 
appendix G, section G135.2.8.(h), to a rule change in 14 CFR 121.703 
(d) and 135.415 (d) that the FAA made just before the ETOPS rule was 
published.
    On December 29, 2005 (70 FR 76974), the FAA amended 14 CFR parts 
121.703(d) and 135.415(d), Service Difficulty Reports (SDR), to change 
the reporting time required from 72 hours to 96 hours. The FAA made 
this change to give operators more time to report, thus reducing the 
number of supplemental SDR that must be filed.

    ``(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 the FAA offices in Oklahoma City, Oklahoma. Each report of 
occurrences during a 24-hour period shall be submitted to the 
collection point within the next 96 hours. However, a report due on 
Saturday or Sunday may be submitted on the following Monday, and a 
report due on a holiday may be submitted on the next work day.''

    So that the ETOPS rule is not in conflict with the SDR rule, the 
FAA amends section 121.374(h)(1) to read:

    ``(h) Reliability program * * *
    (1) The certificate holder must report the following events 
within 96 hours of the occurrence to its certificate holding 
district office (CHDO):''

    And, we make the same change in G135.2.8 (h):

    ``(h) Enhanced Continuing Analysis and Surveillance System (E-
CASS) program. A certificate holder's existing CASS must be enhanced 
to include all elements of the ETOPS maintenance program. In 
addition to the reporting requirements of Sec.  135.415 and Sec.  
135.417, the program includes reporting procedures, in the form 
specified in Sec.  135.415(e), for the following significant events 
detrimental to ETOPS within 96 hours of the occurrence to the 
certificate holding district office (CHDO): * * *''

List of Corrections

Part 121--Section 121.374 (e) is re-written to clarify that that a 
``properly trained mechanic'' is to certify ETOPS maintenance.
Part 121--In section 121.374(h)(1), ``72 hours'' is changed to ``96 
hours.''
Part 135--In section 135.364, paragraph (b) is deleted.
Part 135--In appendix G, section G135.2.8 (c) is changed to conform to 
section 121.374(c).
Part 135--In appendix G, in section G135.2.8(h), ``72 hours'' is 
changed to ``96 hours''.

List of Subjects

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, 
Drug abuse, Drug testing, Reporting and recordkeeping requirements, 
Safety, Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug 
abuse, Drug testing, Reporting and recordkeeping requirements.

The Amendment

0
Accordingly, the Federal Aviation Administration amends 14 CFR parts 
121 and 135 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.


0
2. In Sec.  121.374, revise paragraphs (e) and (h)(1) introductory text 
to read as follows:


Sec.  121.374  Continuous airworthiness maintenance program (CAMP) for 
two-engine ETOPS.

* * * * *
    (e) Task identification. The certificate holder must identify all 
ETOPS-specific tasks. An appropriately trained mechanic who is ETOPS 
qualified must accomplish and certify by signature that the ETOPS-
specific task has been completed.
* * * * *
    (h) * * *
    (1) The certificate holder must report the following events within 
96 hours of the occurrence to its certificate holding district office 
(CHDO):
* * * * *

PART 135--OPERATING REQUIREMENTS; COMMUTER AND ON DEMAND OPERATION 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
3. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722.


0
4. Revise Sec.  135.364 to read as follows:

[[Page 26542]]

Sec.  135.364  Maximum flying time outside the United States.

    After February 15, 2008, no certificate holder may operate an 
airplane, other than an all-cargo airplane with more than two engines, 
on a planned route that exceeds 180 minutes flying time (at the one-
engine-inoperative cruise speed under standard conditions in still air) 
from an Adequate Airport outside the continental United States unless 
the operation is approved by the FAA in accordance with Appendix G of 
this part, Extended Operations (ETOPS).

0
5. In appendix G of part 135, in section G135.2.8, revise paragraph (c) 
and the introductory text to paragraph (h) to read as follows:

Appendix G to Part 135--Extended Operations (ETOPS)

* * * * *

G135.2.8 Maintenance Program Requirements

* * * * *
    (c) Limitations on dual maintenance. (1) Except as specified in 
paragraph G135.2.8(c)(2) of this appendix, the certificate holder 
may not perform scheduled or unscheduled dual maintenance during the 
same maintenance visit on the same or a substantially similar ETOPS 
Significant System listed in the ETOPS maintenance document, if the 
improper maintenance could result in the failure of an ETOPS 
Significant System.
    (2) In the event dual maintenance as defined in paragraph 
G135.2.8(c)(1) of this appendix cannot be avoided, the certificate 
holder may perform maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant 
System is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct 
supervision of a second qualified individual; and
    (iii) For either paragraph G135.2.8(c)(2)(i) or (ii) of this 
appendix, a qualified individual conducts a ground verification test 
and any in-flight verification test required under the program 
developed pursuant to paragraph G135.2.8(d) of this appendix.
* * * * *
    (h) Enhanced Continuing Analysis and Surveillance System (E-
CASS) program. A certificate holder's existing CASS must be enhanced 
to include all elements of the ETOPS maintenance program. In 
addition to the reporting requirements of Sec.  135.415 and Sec.  
135.417, the program includes reporting procedures, in the form 
specified in Sec.  135.415(e), for the following significant events 
detrimental to ETOPS within 96 hours of the occurrence to the 
certificate holding district office (CHDO):
* * * * *

    Issued in Washington, DC, on May 2, 2007.
Rebecca MacPherson,
Assistant Chief Counsel, Regulations Division.
 [FR Doc. E7-8810 Filed 5-9-07; 8:45 am]
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