[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Proposed Rules]
[Pages 6056-6074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00763]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 125, 135, 137, and 145

[Docket No.: FAA-2024-0025; Notice No. 24-08]
RIN 2120-AL20


Inspection Programs for Single-Engine Turbine-Powered Airplanes 
and Unmanned Aircraft; and Miscellaneous Maintenance-Related Updates

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would revise certain aircraft maintenance 
inspection rules for small, corporate-sized, and unmanned aircraft. The 
proposed changes include additional inspection program options for 
owners of single-engine turbine-powered airplanes and unmanned 
aircraft, relaxed mechanical reliability reporting requirements for 
certain aircraft, and several changes to clarify and simplify various 
maintenance-related regulations. These proposed amendments would 
relieve aircraft owners, operators, maintenance providers, and the FAA. 
The proposed amendments would provide greater flexibility for aircraft 
maintenance, standardized reporting requirements, and provide 
clarification of various maintenance-related regulations.

DATES: Send comments on or before April 1, 2024.

ADDRESSES: Send comments identified by docket number FAA-2024-0025 
using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for sending your comments 
electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, 
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
www.regulations.gov/ at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Bryan B. Davis, Airmen & Special Projects Branch, 
AFS-320, Aircraft Maintenance Division, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone (202) 267-1675; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Overview of Proposed Rule
    B. Background
II. Authority for This Rulemaking
III. Discussion of the Proposal
    A. Inspection Programs for Single-Engine Turbine-Powered 
Airplanes and Unmanned Aircraft (Sec.  91.409)
    B. Scope of Covered Aircraft (Sec.  91.409(e))
    C. Clarifications of Inspection Program Options (Sec.  
91.409(f))
    D. Conforming and Clarifying Changes to Subpart E of Part 91
    E. Other Miscellaneous Inspection Program and Maintenance 
Program Updates
    F. Clarification of Part 145 Requirements on Documents and Data 
and Contract Maintenance
IV. Regulatory Notices and Analyses
    A. Summary of the Regulatory Impact Analysis
    B. Statement of Need for Regulatory Action
    C. Summary of Benefits and Costs
    D. Regulatory Flexibility Act
    E. International Trade Impact Assessment
    F. Unfunded Mandates Assessment
    G. Paperwork Reduction Act
    H. International Compatibility
    I. Environmental Analysis
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, International Cooperation
VI. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents
    C. Confidential Business Information
    D. Electronic Access and Filing
    E. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

A. Overview of Proposed Rule

    The FAA proposes to revise certain rules for small, corporate-
sized, and unmanned aircraft maintenance inspections. The most 
substantial change would be the increase in inspection program options 
for owners and operators of single-engine turbine-powered airplanes and 
unmanned aircraft. Currently, when operating under the rules in part 91 
of title 14 of the Code of Federal Regulations (14 CFR), owners and 
operators of these aircraft must comply with annual or 100-hour 
inspection requirements or adopt progressive inspection programs in 
lieu of those requirements. For single-engine turbine-powered 
airplanes, this proposed rule would expand inspection options to 
include, among others, an inspection program recommended by the 
manufacturer or an inspection program established by the registered 
owner or operator and approved by the Administrator. For unmanned 
aircraft, including unmanned aircraft operating under 14 CFR part 135 
that are authorized to use the inspection rules in part 91, this 
proposal would enable the selection of either an inspection program 
recommended by the manufacturer or a program established by the 
registered owner or operator and approved by the Administrator. The FAA 
believes this change would enhance safety and would provide unmanned 
and single-engine turbine-powered aircraft owners and operators with 
greater flexibility with aircraft maintenance.
    Additionally, for aircraft operating under part 91, subpart K, 
fractional ownership rules, the FAA proposes to lengthen the reporting 
interval for aircraft mechanical reliability reports from 72 to 96 
hours and to allow electronic report submissions. This would align the 
reporting interval requirement with those found in other regulations 
(e.g., 14 CFR 121.703, 135.415, and 145.221).
    Finally, the FAA proposes several changes to clarify and simplify 
various maintenance-related regulations in areas that have confusing or 
ambiguous

[[Page 6057]]

language, to include maintenance and inspection requirements for part 
91 and 125 operators and document retention. It also proposes to 
clarify part 145 regulations pertaining to repair station maintenance 
documentation and contract maintenance.

B. Background

    Subpart E of 14 CFR part 91 prescribes general rules governing the 
maintenance, preventive maintenance, and alterations of United States 
(U.S.)-registered civil aircraft operating within or outside of the 
United States. For aircraft operated under, or otherwise subject to, 
part 91, subpart E, Sec.  91.409 contains the requirements for aircraft 
inspections, including requirements for annual inspections and 100-hour 
inspections. Section 91.409(c) provides exceptions to those inspection 
requirements; aircraft with special flight permits, experimental 
certificates, light-sport category, or provisional airworthiness 
certificates, and aircraft for which progressive inspection programs 
have been adopted are not required to meet the annual and 100-hour 
inspection requirements.
    Paragraph (c)(3) excludes the types of airplanes identified in 
Sec.  91.409(e). These types of airplanes--large airplanes (to which 
part 125 is not applicable), turbojet multiengine airplanes, and 
turbopropeller-powered multiengine airplanes--must be inspected in 
accordance with one of the inspection program options specified in 
Sec.  91.409(f) in lieu of the annual or 100-hour inspection. These 
options include: (1) a continuous airworthiness inspection program 
under a part 121 or 135 operator's Continuous Airworthiness Maintenance 
Program (CAMP); (2) an approved aircraft inspection program under part 
135; (3) a current inspection program recommended by the manufacturer; 
or (4) any other inspection program established by the owner or 
operator and approved by the FAA.
    Certain rotorcraft may, but are not required to, use one of these 
inspection program options. See Sec.  91.409(c)(4) and (e). In 1989, 
the FAA amended Sec.  91.409 [54 FR 34284, Aug. 18, 1989] to allow 
turbine-powered rotorcraft (both single- and multiengine) owners and 
operators to choose between performing an annual, a progressive, or an 
inspection program under Sec.  91.409(f).
    In 2016, an aircraft manufacturer petitioned the FAA for rulemaking 
to include single-engine turbine-powered airplanes within the scope of 
Sec.  91.409(e) and (f).\1\ Single-engine turbine-powered airplanes are 
not currently permitted to use one of the inspection options in Sec.  
91.409(f) as an alternative to the annual or 100-hour inspection. Since 
single-engine turbine-powered airplanes were rare at the time the 
options were introduced for turbine-powered rotorcraft, they were not 
included in that rule. Today, there are over 4,500 registered single-
engine turbine-powered airplanes.
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    \1\ Textron Aviation Inc. Petition for Rulemaking for 14 CFR 
91.409, September 15, 2016, Public Docket No. FAA-2016-9166, 
available at https://www.regulations.gov.
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    Additionally, unmanned aircraft systems (UAS) commercial 
utilization and National Airspace System integration has increased 
since 2016. While 14 CFR part 107 addresses small UAS operations, the 
FAA has also granted exemptions and waivers from certain part 91 and 
part 135 rules to permit UAS operations under those parts. Under these 
exemptions (in the conditions and limitations), the FAA has generally 
required that unmanned aircraft be inspected in accordance with the 
manufacturer's inspection instructions or for those instructions to be 
incorporated into the operator's approved maintenance or inspection 
program.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
title 49 of the United States Code. Subtitle I, section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is issued under the authority described in Subtitle 
VII, part A, subpart III, section 447, section 44701(a)(2)(A) and (B) 
and (a)(5), and section 44707. Under section 44701(a)(2)(A) and (B), 
the FAA is charged with prescribing regulations and minimum standards 
in the interest of safety for inspecting, servicing, and overhauling 
aircraft, aircraft engines, propellers, and appliances, and equipment 
and facilities for, and the timing of and manner of, the inspecting, 
servicing, and overhauling the FAA finds necessary for safety and 
commerce. Section 44701(a)(5) authorizes the FAA to prescribe 
regulations and minimum standards for other practices, methods, and 
procedures the Administrator finds necessary for safety in air commerce 
and national security. Under section 44707, the FAA may examine and 
rate repair stations. Specifically, under section 44707(2), the FAA is 
charged with inspecting and rating repair stations on the adequacy and 
suitability of the equipment, facilities, and materials for, and 
methods of, repair and overhaul, and the competency of the individuals 
doing the work or giving instruction in the work. The regulations 
proposed are within the scope of that authority.

III. Discussion of the Proposal

A. Inspection Programs for Single-Engine Turbine-Powered Airplanes and 
Unmanned Aircraft (Sec.  91.409)

    Currently, Sec.  91.409(e) prohibits the operation of a large 
airplane, turbojet multiengine airplane, turbopropeller-powered 
multiengine airplane, or turbine-powered rotorcraft unless the 
replacement times for life-limited parts specified in the aircraft 
specifications, type data sheets, or other documents approved by the 
Administrator are complied with and the airplane or turbine-powered 
rotorcraft is inspected in accordance with an inspection program 
selected under Sec.  91.409(f), except that the owner or operator of a 
turbine-powered rotorcraft may elect to use the inspection provisions 
of Sec.  91.409(a), (b), (c), or (d) instead. We propose to expand 
Sec.  91.409(e) to apply to single-engine turbine-powered airplanes and 
unmanned aircraft. Unmanned aircraft would be required to be inspected 
in accordance with an inspection program selected under Sec.  
91.409(f). Owners and operators of single-engine turbine-powered 
airplanes would be able to select a Sec.  91.409(f) inspection program 
or use the inspection provisions of Sec.  91.409(a), (b), (c), or (d).
    This change would provide single-engine turbine-powered airplane 
owners and operators more options for inspecting their aircraft. It 
would give those owners and operators the same choice of inspection 
program options currently available to owners and operators of turbine-
powered rotorcraft. Providing these additional options would harmonize 
the requirements for similarly-sized turbine-powered airplanes and 
rotorcraft. Owners and operators would retain the ability to use their 
existing annual inspection program if they do not want to select any of 
the newly available options.
    Currently, if operating under part 91, single-engine turbine-
powered airplane owners and operators only have several inspection 
options: an annual, a 100-hour, or adopt a progressive inspection 
program. This proposed rule would expand inspection options to include 
the types of inspection programs authorized under Sec.  91.409(f). This 
includes, among others, a manufacturer-

[[Page 6058]]

recommended inspection program, or an inspection program established by 
the registered owner, or operator, and approved by the Administrator.
    The FAA believes this change increases regulatory flexibility and 
will allow owners and operators the ability to select the program that 
works best for them. In 1989, the FAA amended Sec.  91.409(e) to allow 
more inspection options for turbine-powered rotorcraft, which enabled 
operators to schedule inspections in a manner that has allowed a higher 
level of rotorcraft utilization. At that time, in the early 1980s, the 
number of single-engine turbine-powered airplanes was small compared to 
turbine-powered rotorcraft, which estimated approximately 3,000 
aircraft during that time. Today, there are over 4,500 registered 
single-engine turbine-powered airplanes. The FAA does not believe there 
are any safety reasons why single-engine turbine-powered airplanes 
should not be afforded the same regulatory flexibilities as turbine-
powered rotorcraft regarding part 91 inspection options. A turbine-
powered rotorcraft's use of a manufacturer-recommended inspection 
program has been shown to be a safe and effective aircraft inspection 
method instead of the annual or 100-hour inspection requirements. The 
FAA expects that the same will be true for single-engine turbine-
powered airplane manufacturer-recommended inspection programs. In its 
rulemaking petition, Textron Aviation, Inc., argued that manufacturer-
recommended inspection programs are in the public interest because they 
are geared more specifically to the manufacturer's aircraft model and 
involve less invasive scheduled maintenance compared to an annual or 
100-hour inspection because of less frequent component disassembly, 
inspection, and reassembly.\2\ The FAA agrees these inspection programs 
can provide these articulated benefits, when applicable, when compared 
to an annual or a 100-hour inspection. Additionally, a manufacturer-
recommended inspection program can contain inspection intervals at more 
appropriate times for each product and article based on the design and 
functional history of the same, coupled with the manufacturer's 
detailed technical knowledge of how best to maintain them.
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    \2\ See note 1 at *2.
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    Existing regulations regarding maintenance and inspection 
development during the aircraft's part 21 certification process contain 
the requirements for how a manufacturer-recommended inspection program 
shall be developed--to include the inspection intervals for products 
and articles. Section 21.50 requires that the Instructions for 
Continued Airworthiness and manufacturer's maintenance manuals must be 
developed in accordance with 14 CFR parts 23, 25, 27, 29, etc., as 
appropriate. Within each of these parts, the applicable regulation 
references its appendix, which contains specific requirements that the 
maintenance inspection program must possess. For example, when 
developing inspection interval timing for an aircraft while complying 
with Sec.  21.50, a part 23 aircraft manufacturer is referred to Sec.  
23.1529 (Instructions for continued airworthiness), which states an 
applicant must prepare the same and further refers the applicant to 
appendix A for part 23. Appendix A, instruction A.23.3(b)(1) requires 
the manufacturer to develop maintenance/inspection scheduling 
instructions for all products and articles and must include an 
inspection program that includes the inspection frequency and extent 
necessary to provide for the aircraft's continued airworthiness. The 
recommended inspection intervals are part of the overall Instructions 
for Continued Airworthiness that would subsequently be submitted to the 
FAA for acceptance.
    During the unmanned aircraft's certification process, whether it 
undergoes a traditional part 21 type certification or a 49 U.S.C. 44807 
exemption request,\3\ the manufacturer must submit an aircraft 
inspection program, for FAA approval, that meets certain requirements 
for life-limited part replacement times specified in the aircraft 
specifications, type certificate data sheets, or ``other documents 
approved by the Administrator (i.e., the sec. 44807 exemption and its 
associated Conditions & Limitations).'' \4\ These manufacturer-
recommended inspection programs--to include inspection intervals for 
products and articles--must include the airframe, engines, propellers, 
rotors, appliances, emergency equipment, etc., which are ultimately 
approved by the FAA only when they are found to be adequate.
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    \3\ 49 U.S.C. 44807 provides the Secretary of Transportation 
with authority to determine whether a certificate of waiver, 
certificate of authorization, or a certificate under sec. 44703 or 
44704 is required for certain unmanned aircraft system (UAS) 
operations. Section 44807(b) instructs the Secretary to base their 
determination on which types of unmanned aircraft do not create a 
hazard to users of the National Airspace System or the public. In 
making this determination, the Secretary must consider the unmanned 
aircraft's size, weight, speed, operational capability, and other 
aspects of the proposed operation. On October 1, 2021, the Secretary 
delegated this authority to the FAA Administrator. Unmanned aircraft 
exemptions have been subsequently issued with conditions & 
limitations that require the operator to follow the manufacturer's 
maintenance instructions, service bulletins, inspections, etc.
    \4\ Section 44807 exemption grants contain a Conditions & 
Limitations section, which must be followed. The exemptions contain 
language such as: ``The Operator must follow the UAS manufacturer's 
operating limitations, maintenance instructions, service bulletins, 
overhaul, replacement, inspection, and life-limit requirements for 
the UAS and UAS components. Each UAS operated under this exemption 
must comply with all manufacturers' safety bulletins. Maintenance 
must be performed by individuals who have been trained by the 
Operator in proper techniques and procedures for these UAS. All 
maintenance must be recorded in the UAS records including a brief 
description of the work performed, date of completion, and the name 
of the person performing the work.'' See Exemption No. 21079, Docket 
No. FAA-2023-1483, August 29, 2023. See also Exemption Nos.: 21079, 
Docket No. FAA-2023-1483, Aug. 29, 2023; 11204, Docket No. FAA-2014-
0886, Oct. 23, 2014; 12145, Docket No. FAA-2015-1464, July 24, 2015; 
21034, Docket No. FAA-2023-1303, Aug. 30, 2023, etc.
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    Regarding unmanned aircraft inspection program selection, excluding 
those operated under part 107, it is necessary for owners and operators 
to have the ability to select a program that is most appropriate for 
the design and configuration of their specific aircraft because of the 
wide variety in aircraft, which cannot be done in the existing 
regulations. Currently, part 135 unmanned aircraft applicants and 
approved operators can only use a CAMP, under Sec.  135.411(a)(2), or 
an approved aircraft inspection program, under Sec. Sec.  135.411(a)(1) 
and 135.419, because other inspection program options cannot be 
selected, as these aircraft are not incorporated in the regulations. 
The FAA has not approved part 135 unmanned aircraft operators to use an 
annual or a 100-hour inspection because the FAA has determined the 
scope and detail criteria \5\ contained in these two options do not 
adequately cover the component characteristics that are typically 
installed on these aircraft (e.g., multiple electric motors, circuit 
boards, batteries, etc.). Additionally, a manufacturer-recommended 
inspection program--that traditional aircraft may currently select--is 
not available to unmanned aircraft, despite CAMPs and AAIPs being 
primarily based on a manufacturer-recommended inspection

[[Page 6059]]

program. Because of these issues, a CAMP or an AAIP has been the only 
option for part 135 unmanned aircraft operators to select.
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    \5\ See Appendix D to part 43 (Scope and Detail of Items (as 
Applicable to the Particular Aircraft) To Be Included in Annual and 
100-Hour Inspections). Many of the 100-hour inspection requirements 
do not apply to the majority of unmanned aircraft. For example, 
paragraph (c) contains inspection criteria for the cabin and cockpit 
group, which unmanned aircraft do not possess. Similarly, paragraph 
(d) pertains to reciprocated engines and their associated components 
(oil, fuel, and hydraulic hoses, engine cylinders, etc.), which the 
majority of unmanned aircraft do not have because they possess 
electric propulsion systems.
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    Therefore, the FAA proposes to include unmanned aircraft, excluding 
part 107 aircraft, in Sec.  91.409(e), which would apply to unmanned 
aircraft operating under, or otherwise required to be inspected in 
accordance with, part 91. In particular, the FAA intends for this 
proposal to apply to unmanned aircraft being operated under part 91 or 
135 and that are required to select a maintenance program in accordance 
with Sec.  91.409(f). While an unmanned aircraft operator would have 
the option to select a manufacturer-recommended inspection program, 
they could still continue to use an AAIP or CAMP. This proposal would 
be applicable to the unmanned aircraft inspections and not unmanned 
aircraft systems, as defined in 14 CFR 1.1.
    The following discusses our proposal to amend certain Sec.  91.409 
paragraphs to reflect these changes and additional proposed revisions 
to this section to enhance clarification.

B. Scope of Covered Aircraft (Sec.  91.409(e))

    For the reasons discussed above, we propose to expand Sec.  
91.409(e) to include all turbine-powered aircraft, including unmanned 
aircraft, and separate it into Sec.  91.409(e)(1) and (2) to better 
organize the different regulatory frameworks.
    Currently, paragraph (e) is limited to large airplanes (to which 
part 125 is not applicable), turbojet multiengine airplanes, 
turbopropeller-powered multiengine airplanes, and turbine-powered 
rotorcraft. Owners and operators of these covered aircraft, except for 
turbine-powered rotorcraft, are required to comply with replacement 
times for life-limited parts and have their airplanes inspected using 
one of the inspection programs specified in paragraph (f) instead of 
the annual or 100-hour inspection provisions. Owners and operators of 
turbine-powered rotorcraft, in contrast, can use one of the inspection 
program options in paragraph (f), or they can elect to use the annual, 
100-hour, or progressive inspection provisions (paragraphs (a), (b), 
and (d), respectively)).
    This proposed rule would add single-engine turbine-powered 
airplanes to Sec.  91.409(e) and provide these owners and operators 
with the same inspection options that are currently available to owners 
and operators of turbine-powered rotorcraft. With the proposed addition 
of single-engine turbine-powered airplanes, Sec.  91.409(e) would apply 
to all turbine-powered airplanes. These amendments will enable owners 
and operators of single-engine turbine-powered airplanes to inspect 
their aircraft using one of the inspection program options in paragraph 
(f) or elect to use the annual, 100-hour, or progressive inspection 
provisions.
    We also propose to revise Sec.  91.409(e) to include unmanned 
aircraft. Unmanned aircraft owners and operators subject to the 
regulation would be required to select one of the inspection programs 
in paragraph (f). This proposed change would incorporate the 
requirement, in the conditions & limitations section, that has been 
required in the existing UAS sec. 44807 exemptions \6\ for unmanned 
aircraft inspections using the UAS manufacturer's inspection program.
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    \6\ See supra note 7.
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    We propose to separate Sec.  91.409(e) into two paragraphs to 
increase clarity and readability, as stated above. Proposed paragraph 
(e)(1) would cover all current and proposed aircraft that would be 
required to be inspected in accordance with a Sec.  91.409(f) program 
(i.e., large airplanes, multiengine turbine-powered airplanes, and 
unmanned aircraft). Regarding large airplanes and multiengine turbine-
powered airplanes, the proposed rule would not make any changes to the 
currently available inspection programs. Regarding unmanned aircraft, 
as previously described, the annual, 100-hour, and progressive 
inspection options are not viable inspection programs because of the 
significant differences between unmanned aircraft and traditional 
manned aircraft for which those provisions were designed. Unmanned 
aircraft would be included under the new Sec.  91.409(e)(1) because 
they should comply with time-limited parts replacement and the better-
suited inspection programs contained in paragraph (f). Proposed 
paragraph (e)(2) would cover all current and proposed aircraft that 
have the option to use the inspection options in paragraph (f) in lieu 
of the inspection provisions of Sec.  91.409(a), (b), or (d) (i.e., 
turbine-powered rotorcraft and single-engine turbine-powered 
airplanes).

C. Clarifications of Inspection Program Options (Sec.  91.409(f))

    We intend to make several clarifying amendments to the inspection 
program options specified in Sec.  91.409(f) and the manner in which 
these programs are to be submitted.
    Paragraph (f)(1) currently specifies the first inspection program 
option available. The registered aircraft owner or operator under Sec.  
91.409(e) may use ``[a] continuous airworthiness inspection program'' 
that is part of a CAMP currently in use by a part 121 or 135 operator 
and operating that make and model aircraft under part 121 or operating 
that make and model under part 135 and maintaining it under Sec.  
135.411(a)(2). The FAA proposes to clarify the intent of this section 
by replacing the phrase ``[a] continuous airworthiness inspection 
program'' because it is not defined or referenced anywhere else in 
regulations. Instead, the FAA proposes to revise the phrase so that the 
paragraph refers only to ``[a]n inspection program'' that is part of a 
[CAMP]. This change would have no substantive effect and is only 
proposed to eliminate confusion by the phrase ``[a] continuous 
airworthiness inspection program.''
    We will also amend paragraph (f)(1) to remove the word 
``operating'' from the phrase ``air carrier operating certificate.'' 
This change would leave separate references to ``air carrier 
certificate'' and ``operating certificate,'' a change consistent with 
the separate usage of the terms in 14 CFR 119.5.
    Current paragraph (f)(3) provides the third inspection program 
option: ``A current inspection program recommended by the 
manufacturer.'' The FAA proposes to revise paragraph (f)(3) to clarify 
that ``current inspection program'' means one that is available for 
selection at the time the selection is made. That inspection program 
would remain the ``current'' program to be used by that operator for 
that aircraft during subsequent inspections, without regard to changes 
that the manufacturer may have made to the recommended inspection 
program since the date of selection. This is consistent with an FAA 
legal interpretation on the subject, which states, ``to comply with 
Sec.  91.409(f)(3) an operator need only adopt a manufacturer's 
inspection program that is `current' as of the time they adopt it, and 
that program remains `current' unless the FAA mandates revisions to it 
in accordance with Sec.  91.415(a).'' \7\
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    \7\ See, e.g., Legal Interpretation of 14 CFR 91.409(f)(3), 
Memorandum Opinion to Manager, Aircraft Maintenance Division, AFS-
300, from Assistant Chief Counsel for Regulations, AGC-200 (Dec. 5, 
2008); and Legal Interpretation of ''Current'' as it Applies to 
Maintenance Manuals and Other Documents Referenced in 14 CFR 
43.13(a) and 145.109(d), Memorandum Opinion to Manager, AWP-230 and 
Manager, Sacramento FSDO, from Assistant Chief Counsel for 
Regulations, AGC-200 (Aug. 13, 2010).
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    We do not intend for future changes to inspection programs issued 
by manufacturers to be binding on an owner or operator who had already 
selected a specific program that was

[[Page 6060]]

current at the time of selection.\8\ Therefore, to comply with Sec.  
91.409(f)(3), an owner or operator need only select a manufacturer-
recommended inspection program that is ``current'' at the time of 
selection, and that program would remain ``current'' for purposes of 
complying with the regulation--unless the FAA mandated a revision with 
an Airworthiness Directive or an amendment to an applicable operating 
rule. Although operators would not be required to revise their 
inspection programs when a manufacturer issues inspection program 
revisions, operators may choose to incorporate these revisions if they 
are applicable. This practice would comply with Sec.  91.409(f)(3). In 
keeping with this interpretation and to clarify the requirement of 
paragraph (f)(3), we propose to revise the phrase ``current inspection 
program'' and replace it with the following: a program ``that was the 
most current program available at the time of selection and identified 
in the aircraft maintenance records.''
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    \8\ See 36 FR 19507, October 7, 1971, and 37 FR 14758, July 25, 
1972.
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    Current paragraph (f)(4) provides the fourth inspection program 
option, which is the option to select any other inspection program 
established by the registered owner or operator ``of that airplane or 
turbine-powered rotorcraft'' and approved by the Administrator. The FAA 
proposes to revise Sec.  91.409(f)(4) to remove the phrase ``of that 
airplane or turbine-powered rotorcraft'' and replace it with ``for that 
aircraft'' for simplicity because it would cover all the types of 
aircraft referenced in the proposed revisions to paragraph (e) of the 
section, including unmanned aircraft.
    Also, the phrase ``and approved by the Administrator'' would be 
moved from preceding the phrase ``under paragraph (g) of this 
section,'' to follow the phrase ``established by the registered owner 
or operator'' that appears earlier in the sentence. Accordingly, it 
would precede the phrase ``for that aircraft.'' This change would help 
clarify that the inspection program approval is specific to the 
specific aircraft.
    Additionally, in the undesignated, concluding text of Sec.  
91.409(f), the FAA proposes to remove the requirement to include the 
name and address of the person responsible for scheduling inspections 
in the selected program. This requirement has resulted in unnecessary 
administrative revisions as personnel and addresses change. This is a 
burden to both the FAA and industry and has little or no safety 
benefit, as the owner and operator of the aircraft are ultimately 
responsible for ensuring all the required inspections are accomplished.

D. Conforming and Clarifying Changes to Subpart E of Part 91

1. Applicability Statement (Sec.  91.401)
    The FAA proposes to amend Sec.  91.401 (the applicability section 
for subpart E to part 91) to incorporate certain applicability 
provisions that are currently found in other sections of subpart E. 
These provisions would be better suited in subpart E's overall 
applicability section. The agency also proposes to make other 
clarifying changes to this section.
    Specifically, Sec.  91.401 would be revised to incorporate two 
provisions in Sec.  91.409(c) that exempt certain aircraft from 
inspection requirements. As noted above, current Sec.  91.409(c) 
provides, in part, that the requirements for annual inspections, 
airworthiness certification inspections, and 100-hour inspections 
(paragraphs (a) and (b) of Sec.  91.409)) do not apply to certain 
aircraft under specified circumstances. This includes, in pertinent 
part, the following:
    1. An aircraft that carries a special flight permit, a current 
experimental certificate, or a light-sport, or provisional 
airworthiness certificate (Sec.  91.409(c)(1)); and
    2. An aircraft inspected in accordance with an approved aircraft 
inspection program under part 125 or 135 and so identified by the 
registration number in the operations specifications of the certificate 
holder having the approved inspection program (Sec.  91.409(c)(2)).
    As Sec.  91.409(c) is currently written, it excludes these aircraft 
from the inspection requirements in paragraphs (a) and (b) only and 
does not expressly exclude them from the alternative inspection 
programs in paragraphs (d) and (e). This language may be construed 
incorrectly to suggest that these aircraft are subject to the 
alternative inspection programs in paragraphs (d) and (e). It was not 
the FAA's intent to require that those covered aircraft comply with any 
other inspection program in Sec.  91.409.
    The FAA proposes to move the exception in Sec.  91.409(c)(1) for 
aircraft that carry a special flight permit into a new Sec.  
91.401(c)(3). The FAA issues special flight permits for specific 
purposes under Sec.  21.197 to aircraft that may not at the time meet 
applicable airworthiness standards but remain capable of safe flight 
for the intended purpose; therefore, under these circumstances, it is 
inconsistent to require compliance with an inspection program in 
subpart E. Accordingly, such aircraft should be excluded from the 
inspections required by paragraphs Sec.  91.409(a) and (b), the other 
inspection requirements of that section, and Sec.  91.405 because the 
special flight permit itself, when issued to the operator, already 
assures the aircraft has been inspected and found to be in a condition 
for safe flight for the intended operation.
    The FAA also proposes to move the current Sec.  91.409(c)(2) 
exceptions to new Sec.  91.401(c)(1) and (2). The current Sec.  
91.409(c)(2) provides that paragraphs (a) and (b) do not apply to 
aircraft inspected in accordance with an approved aircraft inspection 
program under part 125 or 135. The current language in Sec.  91.409 
could be misread to suggest the other Sec.  91.409 inspection program 
requirements apply to those aircraft in addition to those of part 125 
or Sec.  135.419, as applicable; this was not the FAA's intent. By 
moving this exception requirement to Sec.  91.401, we would clarify 
that an aircraft inspected in accordance with part 125 or an approved 
aircraft inspection program, under Sec.  135.419, is not subject to the 
other inspection requirements of Sec.  91.409 or Sec.  91.405.
    Similarly, the FAA proposes to move the inspection exception 
provision for aircraft that carry a current experimental certificate, a 
light-sport airworthiness certificate, or a provisional airworthiness 
certificate in Sec.  91.409(c)(1) to a new Sec.  91.401(c)(4) because 
Sec.  91.409(c)(1) does not expressly exclude these aircraft from the 
alternative inspection programs in paragraphs (d) and (e). However, the 
FAA also proposes to clarify that these aircraft types must comply with 
any portions of Sec.  91.409 that are specified in the operating 
limitations under Sec.  91.317 or Sec.  91.319. This would remove 
conflicting requirements that occur when the current regulation excepts 
these aircraft from the requirements of paragraphs (a) and (b), but the 
operating limitations issued by the FAA for the aircraft require 
compliance with specified portions of the regulation.
2. Compliance With General Airworthiness Requirements (Sec.  91.403)
    We propose to amend Sec.  91.403(c) by revising the text and 
dividing the alternative compliance options located in that single 
paragraph into three new paragraphs (c)(1), (2), and (3) for clarity. 
The paragraph currently holds the requirement that no person may 
operate an aircraft for which a manufacturer's maintenance manual or 
instructions for continued airworthiness has been issued that contains 
an airworthiness limitations section unless the person has complied 
with any mandatory replacement times, inspection intervals,

[[Page 6061]]

and related procedures specified in that section or alternative 
inspection intervals and related procedures set forth in an operations 
specification approved by the Administrator under part 121 or 135 or in 
accordance with an inspection program approved under Sec.  91.409(e). 
The proposed revision is intended to more clearly convey the 
alternative options available to maintain compliance with the FAA-
approved Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness (ICA) provided by the manufacturer.
    The proposed options follow closely those in the current rule but 
with minor changes. The first option in paragraph (c)(1) would still 
mandate compliance with the replacement times, inspection intervals, 
and related procedures found in the airworthiness limitations section 
of the manufacturer's maintenance manual or ICA. The second option in 
paragraph (c)(2) would provide for alternative inspection intervals and 
related procedures set forth in a CAMP for parts 121 and 135 operators, 
which would be approved by the FAA and authorized by operations 
specifications issued to the operator. In addition to including 
operations under parts 121 and 135 as provided in the current rule, 
this alternative would include operations under subpart K of part 91 if 
the operators are utilizing a CAMP under Sec.  91.1411. This is because 
the authorization process for a CAMP under part 91, subpart K, would be 
similar to the process for CAMPs under parts 121 and 135. The FAA may 
review and authorize any potential changes to an approved airworthiness 
limitations section during the review process of the CAMP.
    The third option in Sec.  91.403(c)(3) would be to use any 
alternative inspection intervals and related procedures set forth in an 
inspection program identified under Sec.  91.409(f). Section 91.409(f) 
lists the inspection programs that the FAA authorizes for use. The FAA 
considers these inspection programs to be permissible inspection 
options for these aircraft. Currently, the reference in Sec.  
91.403(c), now proposed as Sec.  91.403(c)(3), referred to inspection 
intervals within authorized inspection programs under Sec.  91.409(e). 
This reference has been updated for clarity to Sec.  91.409(f) because 
that paragraph directly lists the inspection programs.
    Finally, the FAA proposes to add a new paragraph (e) to Sec.  
91.403 that clarifies that aircraft operating under a special flight 
permit must do so in accordance with conditions and limitations issued 
by the Administrator. The proposed revision would also state that the 
aircraft must be inspected, at least to the extent necessary, to 
determine the aircraft is in a condition for safe operation for the 
intended flight. While this is the current practice in the issuance of 
a special flight permit, the revision would make that requirement 
explicit. These requirements are necessary for safety because the 
aircraft in question would not otherwise meet applicable airworthiness 
requirements.
3. Clarification of Maintenance Required To Correct Discrepancies 
(Sec.  91.405)
    The FAA proposes to revise Sec.  91.405(a) to state that, between 
required inspections, the owner or operator would be required to 
evaluate and disposition or correct, as appropriate, any discrepancies 
through inspection, overhaul, repair, preservation, or the replacement 
of parts, in accordance with part 43, or appropriately deferred as 
provided in Sec.  91.213. The paragraph currently requires that each 
owner or operator of an aircraft ``[s]hall have that aircraft inspected 
as prescribed in subpart E of this part and shall between required 
inspections, except as provided in paragraph (c) of this section, have 
discrepancies repaired as prescribed in part 43 of this chapter.''
    The current text requires only that those discrepancies must be 
``repaired,'' which does not properly include all ``maintenance'' 
elements, as it is defined in 14 CFR 1.1, and discrepancy disposition 
may be done through several different types of maintenance actions, 
such as inspection, preservation, or the replacement of parts. The FAA 
also proposes to add, in paragraph (a), a reference to Sec.  91.213 
(Inoperative instruments and equipment) as that section permits 
deferral of qualifying instruments and equipment under specific 
conditions and limitations.
    The FAA also proposes to revise Sec.  91.405(c), which provides an 
exception to the requirement in paragraph (a) to repair discrepancies. 
Paragraph (c) is narrowly tailored to only instruments or equipment 
permitted to be inoperative by Sec.  91.213(d)(2), and those must be 
``repaired, replaced, removed, or inspected at the next required 
inspection.'' The FAA proposes to change paragraph (c) to clarify that 
an inoperative instrument or item of equipment would be required to be 
inspected at each required inspection to ensure it will not have an 
adverse effect on the aircraft's continued safe operation.
    We discussed this issue in the 1988 \9\ rule preamble in response 
to a commenter, who had requested clarification on the length of time 
an inoperative instrument or equipment item could remain inoperative 
after deactivation or removal. In the FAA's response, we explained that 
the rule required a person to determine whether an aircraft with 
inoperative instruments and equipment is in condition for safe 
operation. Additionally, at every required inspection thereafter, the 
aircraft owner or operator would need to have any inoperative 
instrument and equipment reevaluated to ensure the discrepancy would 
not affect the operation of any other installed instrument or 
equipment. Therefore, the FAA believed that the rule provided adequate 
safeguards without having to impose time limits on the repair or 
replacement of inoperative instruments and equipment. The intent of the 
rule was that if the inoperative instrument or item of equipment is not 
repaired, replaced, or removed at or before the next required 
inspection, the inoperative item must be inspected again (i.e., 
reevaluated) at the required inspection to ensure that it will not have 
an adverse effect on the aircraft's safe operation.\10\ Revised 
paragraph (c) would provide clarification that there is no time 
limitation as to how long the inoperative instrument or item of 
equipment could remain inoperative so long as it is inspected at each 
required inspection and there is no adverse effect on the aircraft's 
continued safe operation.
---------------------------------------------------------------------------

    \9\ 53 FR 50190, 50193; December 13, 1988 (inoperative 
instruments or equipment final rule document for 14 CFR 91.30 and 
91.165 (re-codified as 14 CFR 91.213 and 91.405, respectively, on 
August 18, 1989)).
    \10\ FAA Legal Interpretation, Peri-Aircraft Electronics 
Association (June 13, 2018).
---------------------------------------------------------------------------

    Finally, the FAA proposes to revise paragraph (d) to grammatically 
follow the unnumbered introductory text of Sec.  91.405. That text 
states: ``Each owner or operator of an aircraft--.'' The beginning of 
revised paragraph (d) would grammatically follow the section's 
introductory text by stating: ``Shall ensure that when inoperative 
instruments or equipment are present, a placard marking it 
`Inoperative' has been installed as required by Sec.  43.11 of this 
chapter.'' The FAA proposes to add the phrase ``marking it 
`Inoperative' '' for clarity and to be consistent with the requirements 
in Sec. Sec.  43.11(b) and 91.213(d)(3)(ii). The following table is 
added for clarity.

[[Page 6062]]



          Table 1--List of Proposed Revisions to Sec.   91.405
------------------------------------------------------------------------
                                 Contains the
    Current regulation:       requirements for:     Revised in proposed:
------------------------------------------------------------------------
91.405....................  Each owner or          N/A.
                             operator of an
                             aircraft--.
91.405(a).................  Shall have that        91.405(a) shall have
                             aircraft inspected     that aircraft
                             as prescribed in       inspected as
                             subpart E of part 91   prescribed in
                             and shall between      subpart E of part 91
                             required               and shall, between
                             inspections, except    required
                             as provided in Sec.    inspections, except
                              91.405(c), have       as provided in Sec.
                             discrepancies           91.405(c), have
                             repaired as            discrepancies
                             prescribed in part     evaluated and
                             43.                    dispositioned or
                                                    corrected, as
                                                    appropriate, through
                                                    inspection,
                                                    overhaul, repair,
                                                    preservation, or the
                                                    replacement of
                                                    parts, in accordance
                                                    with part 43, or
                                                    appropriately
                                                    deferred as provided
                                                    in Sec.   91.213;
91.405(b).................  .....................  N/A.
91.405(c).................  Shall have any         91.405(c) shall, at
                             inoperative            the next required
                             instrument or item     inspection, have any
                             of equipment,          inoperative
                             permitted to be        instrument or item
                             inoperative by Sec.    of equipment that is
                              91.213(d)(2)          permitted to be
                             repaired, replaced,    inoperative by Sec.
                             removed, or             91.213(d)(2) and
                             inspected at the       that has not been
                             next required          repaired, replaced,
                             inspection.            or removed,
                                                    inspected to ensure
                                                    that the inoperative
                                                    instrument or item
                                                    of equipment will
                                                    not have an adverse
                                                    effect on the
                                                    continued safe
                                                    operation of the
                                                    aircraft.
91.405(d).................  When listed            91.405(d) shall
                             discrepancies          ensure that when
                             include inoperative    inoperative
                             instruments or         instruments or
                             equipment, shall       equipment are
                             ensure that a          present, a placard
                             placard has been       marking it
                             installed as           ``inoperative'' has
                             required by Sec.       been installed as
                             43.11.                 required by Sec.
                                                    43.11.
------------------------------------------------------------------------

4. Additional Clarifications of the Aircraft Inspection Requirements 
(Sec.  91.409)
    In addition to the proposal to extend the inspection program 
options in Sec.  91.409(f) to single-engine turbine-powered airplanes 
and unmanned aircraft, we propose other minor clarifications to Sec.  
91.409. As discussed under the proposal to revise Sec.  91.401, 
Applicability, aircraft that carry a special flight permit, a current 
experimental certificate, or a light-sport, or provisional 
airworthiness certificate as described in Sec.  91.409(c)(1), are 
specifically excluded from the inspection requirements of Sec.  
91.409(a). The same is true for aircraft inspected in accordance with 
an approved aircraft inspection program under part 125 or 135 as 
described in Sec.  91.409(c)(2). This proposal would relocate the 
exemption language of Sec.  91.409(c)(1) and (2) placing it under Sec.  
91.401(c). This change would be part of our proposed clarification and 
streamlining of subpart E of part 91.
    We also propose to revise Sec.  91.409(c)(1) through (4), which 
provide an exception to the inspection requirements in paragraphs (a) 
and (b). As previously stated, Sec.  91.409(c)(1) and (2) would be 
relocated to Sec.  91.401(c), which will leave Sec.  91.409(c)(1) and 
(2) vacant. We propose relocating Sec.  91.409(c)(3), aircraft that are 
``subject to the requirements of paragraph (d) or (e) of this 
section,'' into the vacant paragraphs (c)(1) and (2) positions. 
Additionally, we propose to relocate the progressive inspection program 
exception to paragraphs (a) and (b) from Sec.  91.409(d) to paragraph 
(c)(1). We also propose to move the exception of large airplanes, 
multiengine turbine-powered airplanes, and unmanned aircraft that are 
subject to the proposed Sec.  91.409(e)(1) into the vacant Sec.  
91.409(c)(2) position. Furthermore, we propose to move Sec.  
91.409(c)(4), aircraft that are subject to the proposed Sec.  
91.409(e)(2) (i.e., turbine-powered rotorcraft and single-engine 
turbine-powered airplanes) into Sec.  91.409(c)(3). Existing Sec.  
91.409(c)(4) will be deleted because these changes leave it vacant. 
Headings have been added for clarity and consistency to Sec.  
91.409(a), (b), and (c).
    Finally, we propose to update the language in paragraph (g), which 
establishes the requirement for covered operators to submit new or 
changed inspection programs for FAA approval, to require simply that 
the program be submitted in a manner acceptable to the FAA. The 
proposed revision would provide both the FAA and operators more 
flexibility in the way these types of programs are submitted, reviewed, 
and approved. The FAA is also proposing conforming amendments to 
paragraphs (g) introductory text and (g)(1) to modify language that 
currently specifies ``airplane'' or ``rotorcraft'' so that it would 
read ``aircraft,'' to apply to airplanes, rotorcraft, and unmanned 
aircraft. The following table is added for clarity.

        Table 2--List of Reorganized Requirements (Sec.   91.409)
------------------------------------------------------------------------
                                 Contains the          Reorganized in
    Current regulation:       requirements for:          proposed:
------------------------------------------------------------------------
91.409(c)(1)..............  Inspection             Moved to Sec.
                             requirements that      91.401(c)(3) and
                             are not applicable     (4).
                             to an aircraft that
                             carries a current
                             experimental, light-
                             sport, or
                             provisional
                             airworthiness
                             certificate.
91.409(c)(2)..............  Inspection             Moved to Sec.
                             requirements that      91.401(c)(1) and
                             are not applicable     (2).
                             to aircraft
                             inspected in
                             accordance with an
                             approved aircraft
                             inspection program
                             under part 125 or
                             135.
91.409(c)(3)..............  Inspection             Moved to Sec.
                             requirements that      91.409(c)(1) and
                             are not applicable     (2).
                             to aircraft subject
                             to the requirements
                             of paragraph (d) or
                             (e).
91.409(c)(4)..............  Inspection             Moved to Sec.
                             requirements that      91.409(c)(3). Note:
                             are not applicable     Section 91.409(c)(4)
                             to turbine-powered     would be vacant.
                             rotorcraft when the
                             operator elects to
                             inspect that
                             rotorcraft in
                             accordance with
                             paragraph (e).
91.409(e).................  Large Airplanes (not   Revised and separated
                             inspected in           into Sec.
                             accordance with part   91.409(e)(1) and
                             125).                  (2).
------------------------------------------------------------------------


[[Page 6063]]

5. Language Used in Reference to Inspection Programs (Sec.  91.415(a))
    We propose to clarify the language in Sec.  91.415(a) by changing 
the phrase ``approved aircraft inspection program'' to ``an inspection 
program approved under Sec.  91.409(f)(4) or Sec.  91.1109, or Sec.  
125.247(e)(3) of this chapter'' to remain consistent with inspection 
program terminology in other 14 CFR sections. The FAA uses the term 
``approved aircraft inspection program,'' or ``AAIP,'' for a program 
approved under Sec.  135.419, whereas programs approved under parts 121 
and 135 (10 or more), and part 91, subpart K, would be referred to as 
``inspection programs.''
    Additionally, we propose to add Sec.  125.247(e)(3) to the list of 
inspection programs to which the Administrator can mandate revisions, 
if the Administrator finds that revisions are necessary for the 
continued adequacy of the program. This is to align with the changes 
being made to Sec.  125.247(e)(3), discussed below.

E. Other Miscellaneous Inspection Program and Maintenance Program 
Updates

1. Removal of Reference to Sec.  91.409 (Sec.  91.501(a))
    We propose to revise Sec.  91.501(a) to remove the information in 
parenthesis: ``(Section 91.409 prescribes an inspection program for 
large and for turbine-powered (turbojet and turboprop) multiengine 
airplanes and turbine-powered rotorcraft of U.S. registry when they are 
operated under this part or part 129 or 137.).'' This language is 
informational only, does not convey any regulatory requirement, and was 
only a specific reference to inspection requirements in subpart G that 
continue to apply to aircraft operated under subpart F. Moreover, the 
introductory sentence of the section states that the regulations in 
this subpart are in addition to the requirements prescribed in other 
subparts, which includes the requirements in Sec.  91.409.
2. Mechanical Reliability Reporting Requirements (Sec.  91.1415(d))
    We propose to revise the reporting requirements in Sec.  91.1415(d) 
to align them with the equivalent service difficulty reporting 
requirements found in Sec. Sec.  121.703, 125.409, 135.415, and 
145.221. Section 91.1415 prescribes the requirements for occurrence and 
detection reporting for aircraft failures, malfunctions, and defects by 
fractional ownership program managers under subpart K, who maintain 
aircraft under a CAMP. Paragraph (d) sets forth the procedural 
requirements for report submission to the FAA.
    When the FAA revised similar reporting requirements in parts 121, 
125, 135, and 145 [70 FR 76979, Dec. 29, 2005], Sec.  91.1415(d) was 
not included in the change. The proposed change would standardize the 
reporting requirements by increasing Sec.  91.1415(d) from 72 to 96 
hours, as it is in the others, to be consistent. Accordingly, the FAA 
proposes to change the section heading from ``Mechanical reliability 
reports'' to ``Service difficulty reports.'' Additionally, we would 
require that the reports be submitted ``to the FAA offices in Oklahoma 
City, Oklahoma,'' rather than specifying the reports be submitted 
directly ``to the Flight Standards office that issued the program 
manager's management specifications.'' This would be accomplished by 
submitting reports to the FAA Service Difficulty Reporting online 
database.
3. Part 125 Inspection Program and Maintenance Requirements (Sec.  
125.247(d) and (e))
    We propose to amend the text in Sec.  125.247(d)(1), which 
prohibits operation of an airplane subject to part 125 unless the 
``installed engines have been maintained in accordance with the 
overhaul periods recommended by the manufacturer or a program approved 
by the Administrator.'' Specifically, we will remove the phrase ``a 
program approved by the Administrator'' because there is no FAA-
approved maintenance program required by part 125 that includes 
overhaul periods, nor will we establish one.
    Similarly, we would revise paragraph (d)(2), which prohibits 
operation unless the ``engine overhaul periods are specified in the 
inspection programs required by Sec.  125.247(a)(3),'' to remove the 
reference to overhaul periods being specified in an inspection program. 
The proposed text would state: ``The engine overhaul periods, or a 
reference to where they can be found, are specified in the certificate 
holder's operations specifications'' because inspection programs do not 
include overhaul limits; overhaul limits are part of maintenance 
programs, not inspection programs.
    Additionally, we would revise the introductory paragraph in Sec.  
125.247(e) from ``Inspection programs which may be approved for use 
under this part . . .'' to ``Inspection programs that may be authorized 
for use under this part . . . [.]'' The inspection programs referenced 
in paragraphs (e)(1) and (2) do not require additional FAA acceptance 
or approval because authorization is contained in the operating 
specifications. In conjunction with this change, we propose to revise 
paragraph (a)(3) to replace the word ``approved'' with ``authorized,'' 
so the paragraph would conclude with the phrase ``inspection program 
authorized by the Administrator under paragraph (e).''
    Finally, we will revise the text in paragraphs (e)(1), (2), and (3) 
to align with the proposed changes in Sec.  91.409(f) (e.g., in 
paragraph (e)(1), we would remove ``continuous'' from ``continuous 
inspection program'' because a ``continuous inspection program'' is not 
defined in the regulations, although an inspection program may be part 
of a CAMP). Additionally, we will add ``maintenance'' after 
``airworthiness'' in the phrase ``continuous airworthiness program'' 
because these programs have the same requirements as a CAMP. To be 
consistent with the revision proposed for Sec.  91.409(f)(3) to replace 
the reference to ``[a] current inspection program recommended by the 
manufacturer'' with ``[a]n inspection program recommended by the 
manufacturer that was the most current program available at the time of 
selection . . . , '' we will make the same revision to paragraph (e)(2) 
for the same reasons. This change would eliminate confusion over the 
use of the word ``current.''
    Also, to be consistent with current Sec.  91.409(f)(4), we will 
revise paragraph (e)(3) of this section to provide that an inspection 
program developed by the certificate holder for use under this part 
must be approved by the FAA. Further, we will incorporate into this 
paragraph the additional requirement in current Sec.  91.409(f)(4) that 
the Administrator may require revision of the inspection program in 
accordance with the provisions of Sec.  91.415. This would allow the 
Administrator to mandate changes to the program if it were found 
inadequate. The procedures of Sec.  91.415 would be followed, and 
certificate holders would have the opportunity to file for a petition 
for reconsideration.
4. Terminology in the Applicability of Part 135, Subpart J (Sec.  
135.411(a)(2))
    The FAA proposes to clarify that a maintenance program referenced 
in Sec.  135.411(a)(2) is a CAMP. Currently, Sec.  135.411(a)(2) lists 
only the part 135 sections under which the operator's aircraft must be 
maintained, but it does not refer to that combination of sections as a 
``continuous airworthiness maintenance program.'' This term is 
referenced in Sec.  135.429(d)(3) and in other regulations, such as 
Sec.  91.409(f)(1), which refers directly to a CAMP for aircraft 
maintained under Sec.  135.411(a)(2). Therefore, we will

[[Page 6064]]

change ``maintained under a maintenance program . . .'' in paragraph 
(a)(2) to ``under a continuous airworthiness maintenance program . . 
.'' for consistency with other regulatory requirements.
5. Part 137 Inspection Requirements for Operations Over Congested Areas 
(Sec.  137.53(c))
    The FAA proposes to revise Sec.  137.53(c) by removing the text in 
paragraph (c)(1) of the section. Paragraph (c)(1)(i) currently provides 
an aircraft inspection requirement that must be met before the aircraft 
may be operated over a congested area. It requires that, except for the 
larger aircraft addressed by paragraph (c)(1)(ii), the aircraft must 
have had, within the preceding 100 hours of time in service, a 100-hour 
or annual inspection or have been inspected under a progressive 
inspection system. The FAA proposes to move this inspection requirement 
to Sec.  91.409, the inspections regulation. Specifically, the 100-hour 
or annual inspection requirement would be re-located to Sec.  91.409(b) 
to be included with the other 100-hour or annual inspection 
requirements for aircraft operated for hire or flight instruction. The 
option for the aircraft to be inspected under a progressive inspection 
system would be included under the Sec.  91.409(c)(1) exception annual 
and 100-hour requirements in Sec.  91.409.
    Section 137.53(c)(1)(ii) specifies the inspection program 
requirements for ``a large or turbine-powered multiengine civil 
airplane . . .'' if it will be operated over congested areas under part 
137. It directs that such aircraft be inspected in accordance with the 
applicable inspection program requirements of Sec.  91.409. Large or 
turbine-powered multiengine civil airplanes are already required to be 
inspected in accordance with Sec.  91.409, specifically paragraph (e), 
regardless of whether the aircraft is operated over congested areas 
under part 137. We propose to remove Sec.  137.53(c)(1)(ii) in its 
entirety so only the Sec.  91.409(e) inspection requirements will apply 
to remove redundancy and to eliminate possible confusion.

F. Clarification of Part 145 Requirements on Documents and Data and 
Contract Maintenance

1. Current and Accessible Documents and Data (Sec.  145.109(d))
    The FAA proposes to remove the last sentence and its prescriptive 
list of documents in Sec.  145.109(d),\11\ that repair stations must 
keep ``current and accessible'' when performing maintenance, preventive 
maintenance, or alterations. The prescriptive list requires that the 
documents be ``current and accessible when the relevant work is being 
done;'' however, this conflicts with Sec.  43.13(a) because not all of 
these documents must be ``current'' when used. For example, repair 
stations are also authorized to use maintenance and overhaul manuals 
that were current at the aircraft's certification instead of the 
manufacturer's most current version in time. Repair stations may also 
use other documents (including a manual revision that pre-dates the 
current version if the maintenance is performed using other acceptable 
methods, techniques, and practices).
---------------------------------------------------------------------------

    \11\ Section 145.109(d) prescribes the following document list: 
airworthiness directives, Instructions for Continued Airworthiness, 
maintenance manuals, overhaul manuals, standard practice manuals, 
service bulletins, and other applicable data acceptable to or 
approved by the FAA.
---------------------------------------------------------------------------

    A 2010 FAA legal interpretation \12\ clarified that ``current'' in 
Sec.  145.109(d) means ``up to date,'' i.e., the most recent version 
(revision) of the document (e.g., maintenance manual) issued by the 
manufacturer. This interpretation also clarified that if a maintenance 
provider used a prior version or revision of a manual in performing 
maintenance, that person would not be in violation of the maintenance 
performance rules in Sec.  43.13 unless the FAA could show that the 
information used was no longer acceptable. This is because of the 
flexibility provided in the maintenance regulations. For example, Sec.  
43.13(a) provides that the person performing maintenance shall use the 
current manufacturer's maintenance manual or ICA, ``or other methods, 
techniques, and practices acceptable to the Administrator. . . .'' If a 
repair station were to use ``other methods, techniques, and practices 
acceptable to the Administrator'' (for example, those contained in a 
prior manual revision), then the repair station would not be required 
to use the latest revision provided by the manufacturer. Therefore, the 
FAA proposes to remove the requirement in Sec.  145.109(d) that the 
documents and data referred to in that section must be current.
---------------------------------------------------------------------------

    \12\ Legal Interpretation of ``Current'' as it Applies to 
Maintenance Manuals and Other Documents Referenced in 14 CFR 
43.13(a) and 145.109(d), Memorandum Opinion to Manager, AWP-230 and 
Manager, Sacramento FSDO, from Assistant Chief Counsel for 
Regulations, AGC-200 (Aug. 13, 2010).
---------------------------------------------------------------------------

    The means for assuring appropriate data would be provided by the 
repair station's quality control system. Currently, Sec.  145.211(a) 
requires that each repair station establish and maintain a quality 
control system acceptable to the FAA that ensures the airworthiness of 
the articles being maintained. Section 145.211(c) provides that, as 
part of a repair station's acceptable quality control system, the 
repair station must keep current a quality control manual in a format 
acceptable to the FAA and specify what that manual must include. 
Section 145.211(c)(1)(v) provides specifically that the manual must 
include a description of the procedures used for ``[e]stablishing and 
maintaining current technical data for maintaining articles.'' In 
developing acceptable procedures for assuring the currency of the 
technical data, repair stations typically work with their responsible 
Flight Standards office to tailor procedures that consider realistic 
time frames in which to incorporate manual revisions and other changes 
and updates into their systems. Further, Sec.  145.211(c)(2) requires 
that the manual include ``[r]eferences, where applicable, to the 
manufacturer's inspection standards for a particular article, including 
reference to any data specified by that manufacturer.''
    Based on the above considerations, the FAA invites the public to 
comment on this proposal to remove the current requirement that a 
repair station must maintain the specified documents and that the 
documents be ``current'' and accessible when the relevant work is being 
done. In particular, we seek comments that address any concerns 
associated with repair stations using a manual that is not the most 
current revision issued by the manufacturer, in the context of the 
maintenance performance rule that permits using other acceptable 
methods, techniques, and practices, and any potential unintended 
impacts of the proposal. Based on the comments received, the FAA may 
consider alternatives to removing the requirements in Sec.  145.109(d), 
including retaining or amending the provision.
2. FAA Contract Maintenance (Sec. Sec.  145.201(a)(2) and 145.217) 
Approval
    We propose to amend Sec. Sec.  145.201(a)(2) and 145.217, which 
address contract maintenance by a certificated repair station, to 
clarify that the requirements in Sec.  145.217, including the need to 
obtain FAA approval of contract maintenance, are applicable only when 
the certificated repair station is assuming responsibility for the 
maintenance, preventive maintenance, and alterations work performed by 
an outside source.
    Section 145.201(a)(2) contains the general authority for a 
certificated repair station to arrange (i.e., contract) for another 
person to perform maintenance,

[[Page 6065]]

preventive maintenance, or alterations of any article for which it is 
rated. That regulation further requires that if the person to whom the 
work is contracted is not certificated under part 145, the certificated 
repair station must ensure that the non-certificated person follows a 
quality control system equivalent to the system followed by the 
certificated repair station.
    Section 145.217 contains additional specific procedures that a 
repair station must follow when contracting a maintenance function to 
an outside source. By the plain language of Sec.  145.217(a)(1), FAA 
approval is required for a maintenance function to be contracted to an 
outside source, whether the outside source is an FAA-certificated 
repair station or a non-certificated person. This requirement has 
caused confusion in the past as some repair stations believed pre-
approval was not required if: (1) the contract was with another FAA-
certificated repair station that was rated for the task; and (2) after 
completing the requested work, the contracted repair station made the 
requisite airworthiness determination and approved the work performed 
for return to service.
    In 2006, we attempted to address this confusion in a larger part 
145 proposed rulemaking. In our proposal to amend Sec.  145.217 [71 FR 
70253, 70266, December 1, 2006], we proposed to remove the requirement 
in paragraph (a)(1) that maintenance functions contracted to all 
outside sources be approved by the FAA. We proposed to limit FAA 
approval to a maintenance function contracted to an outside source not 
certificated under part 145. A repair station contracting a maintenance 
function to a repair station certificated under part 145 would not have 
to obtain FAA approval. The FAA withdrew the large part 145 2006 NPRM 
because it did not adequately address the repair station operating 
environment at that time. It was also withdrawn because of the many 
significant issues commenters to the NPRM raised.\13\
---------------------------------------------------------------------------

    \13\ The FAA summarized and responded to comments in the NPRM 
withdrawal, which did not include reference to negative comments 
regarding the contract maintenance proposal. See 74 FR 21287, May 7, 
2009.
---------------------------------------------------------------------------

    We believe the confusion surrounding the approval requirement is 
part of a broader misunderstanding of contract maintenance regulations. 
Section 145.217 applies when a certificated repair station contracts a 
maintenance function to an outside source with the intent of then 
assuming regulatory responsibility for the maintenance work performed 
by the outside source, regardless of whether that outside source is 
certificated under part 145. The certificated repair station, rather 
than the outside source, would approve the article for return to 
service. The originating certificated repair station would be 
responsible for making the maintenance record entry required by 14 CFR 
43.9(a), if applicable. Because it assumes responsibility for the 
outside source's performed maintenance, the certificated repair station 
must meet the requirements in Sec.  145.217, notably to obtain FAA 
approval of the contract maintenance and to ensure that the work is 
accomplished in a satisfactory manner.
    As written, however, Sec. Sec.  145.201(a)(2) and 145.217 can be 
read to apply even to contract maintenance arrangements where the 
originating certificated repair station contracts work to another 
certificated repair station and that outside repair station then 
performs the work and approves the article for return to service under 
its own certificate, rating(s), and quality control system. This 
construction of the regulations was never intended. Compliance with 
this additional administrative procedure in Sec.  145.217 does not 
provide any additional safety benefit in this scenario because the 
outside source is also certificated under part 145 with the appropriate 
rating(s) and will be using the privileges of its own certificate to 
perform the work and approve the article for return to service; \14\ 
therefore, this constitutes an unnecessary administrative burden on the 
requesting repair station and the FAA. The FAA would have already 
determined, through the issuance of the repair station certificate, 
operations specifications, ratings, and other authorizations or 
approvals, that the outside certificated repair station meets the 
qualifications under part 145 to perform, independently, the 
maintenance, preventive maintenance, or alterations on the type of 
article(s) in question.
---------------------------------------------------------------------------

    \14\ See 14 CFR 145.5(a) and 145.201.
---------------------------------------------------------------------------

    Accordingly, the FAA proposes to amend Sec.  145.201(a)(2) to 
clarify that compliance with Sec.  145.217 is required only where the 
certificated repair station assumes responsibility for the outside 
source's performed work. Section 145.201(a)(2) currently authorizes a 
certificated repair station to ``[a]rrange for another person to 
perform the maintenance, preventive maintenance, or alterations of any 
article for which the certificated repair station is rated.'' The 
phrase ``for which the certificated repair station is rated'' is 
confusing because it can be read to imply that the certificated repair 
station may not arrange for another person to perform the maintenance, 
preventive maintenance, or alterations of any article for which the 
certificated repair station is not rated. Repair stations routinely 
arrange for other repair stations to perform work on articles for which 
the originating repair station is not rated or otherwise qualified to 
maintain or alter as long as the other repair station is rated to 
perform the work and approves the article for return to service. Thus, 
we will remove the phrase ``for which the certificated station is 
rated'' from Sec.  145.201(a)(2) to clarify that part 145 contains no 
restriction on the ability of repair stations to arrange for other 
persons to perform work on articles for which the originating repair 
station is not rated. The section would now provide that a certificated 
repair station may ``[a]rrange for another person to perform the 
maintenance, preventive maintenance, or alterations of any article.'' 
As discussed below, we are also proposing clarifications to limitations 
on contract maintenance in Sec.  145.217.
    The FAA proposes to add language to Sec.  145.201(a)(2) that would 
permit the originating certificated repair station to approve an 
article for return to service after work performed by an outside person 
only if the originating certificated repair station is: (1) rated to 
perform maintenance, preventive maintenance, or alterations on the 
article; and (2) complies with the requirements in Sec.  145.217 for 
contract maintenance. This will make it more explicit that while a 
repair station can make arrangements for other persons to perform 
maintenance, preventive maintenance, or alterations, the repair station 
would be able to approve the article(s) for return to service only if 
it meets the additional contract maintenance requirements in Sec.  
145.217, including the requirement in Sec.  145.217(a)(1) to obtain FAA 
approval, regardless of whether the outside person is certificated 
under part 145.
    In addition, we will remove the second sentence in Sec.  
145.201(a)(2) because it is redundant; this subsection requires a 
certificated repair station that enters into an arrangement with a 
noncertificated person to ``ensure that the noncertificated person 
follows a quality control system equivalent to the system followed by 
the certificated repair station.'' This requirement is already 
contained in Sec.  145.217(b)(1), and its inclusion in Sec.  
145.201(a)(2) is superfluous.
    Additionally, the FAA proposes to revise paragraph Sec.  145.217(a) 
to reflect the same proposal for Sec.  145.201(a)(2) to clarify that 
the approval and other

[[Page 6066]]

requirements in Sec.  145.217 only apply when the originating 
certificated repair station approves an article for return to service 
after an outside source performs maintenance, preventive maintenance, 
or alterations.
    The FAA is also proposing to move existing Sec.  145.217(b)(3) into 
a new paragraph (a)(3). This provision currently applies when a 
certificated repair station contracts a maintenance function to a 
noncertificated person and requires that the originating certificated 
repair station verify, by test and/or inspection, that the work has 
been performed satisfactorily by the noncertificated person and that 
the article is airworthy before approving it for return to service. We 
believe the requirement to verify an outside person's work should be 
applicable any time the originating certificated repair station 
approves an article for return to service following work performed by 
an outside person, regardless of whether that outside person is 
certificated. Even if the outside person is another certificated repair 
station, that person would not be exercising the full privileges of its 
certificate because it will not be approving the article(s) for return 
to service. Therefore, it is imperative that the originating 
certificated repair station, which will be approving the article for 
return to service, verify that the work has been performed 
satisfactorily and that the article is airworthy. By moving the 
requirement into paragraph (a), the originating certificated repair 
station would be required to verify the satisfactory performance of 
work performed by both certificated and noncertificated outside persons 
and the airworthiness of the article prior to approving it for return 
to service.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), direct that each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. Fourth, the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate that 
may result in the expenditure by State, local, or Tribal governments, 
in the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $177 million using the most 
current (2022) Implicit Price Deflator for the Gross Domestic Product. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this proposed rule. We suggest readers seeking 
greater detail read the full regulatory analysis available in the 
docket for this rulemaking.
    In conducting these analyses, we determined that this proposed 
rule: (1) has benefits that justify its costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) would not have a significant 
economic impact on a substantial number of small entities; (4) would 
not create unnecessary obstacles to the foreign commerce of the United 
States; and (5) would not impose an unfunded mandate on State, local, 
or Tribal governments, or on the private sector by exceeding the 
threshold identified above. These analyses are summarized below.

A. Summary of the Regulatory Impact Analysis

    The estimated per aircraft savings is $7,974, and if 20 percent of 
the estimated single-engine turboprops are inspected under a 
manufacturer-recommended inspection program, the net annualized cost 
savings would be $7.4 million using a seven percent discount rate. 
These estimates are based on only one manufacturer offering a 
manufacturer-recommended inspection program (i.e., the manufacturer who 
has developed and provided us with cost savings estimates). The FAA 
does not identify any new costs for unmanned aircraft, and there are 
unquantifiable cost savings and benefits.

B. Statement of Need for Regulatory Action

    The rule proposes to revise the aircraft maintenance inspection 
rules for small, corporate-sized, and unmanned aircraft. The most 
substantial change is the addition of more inspection program options 
for owners and operators of single-engine turbine-powered airplanes and 
unmanned aircraft. Currently, owners and operators of these types of 
aircraft operating under part 91 are limited to annual, 100-hour, or 
progressive inspection programs, while unmanned aircraft operating 
under part 135 are limited to AAIPs or CAMPs.
    This change would increase these options or, in the case of 
unmanned aircraft, require the selection of one of the options to 
include, among others, a manufacturer-recommended inspection program 
and an inspection program established by the registered owner or 
operator and approved by the Administrator. The added inspection 
programs would afford aircraft owners and operators more flexibility in 
performing aircraft inspections because they would have more options 
and would likely reduce inspection costs for the same. These programs 
would provide owners and operators of single-engine turbine-powered 
airplanes and unmanned aircraft with more aircraft inspection options 
without reducing safety.
    Manufacturers will also be able to implement more efficient and 
effective inspection programs for new and existing fleets of aircraft, 
which would bolster safety, control associated costs, and likely be 
attractive to new and existing owners. This rulemaking does not create 
a burden for single-engine turbine-powered airplane owners or operators 
because the decision to switch aircraft inspection programs is 
voluntary. This rulemaking does not create a burden for unmanned 
aircraft owners or operators because these aircraft are already using 
manufacturer inspection programs under authorized exemptions. Generally 
speaking, a manufacturer's inspection requirements are optimized for a 
particular unmanned aircraft model when compared to annual inspection 
requirements or inspections under an AAIP or CAMP. Additionally, some 
maintenance-related regulations have confusing language, which has 
resulted in legal interpretation requests. This proposed rule would 
make several changes to clarify and simplify maintenance and inspection 
requirements for part 91 and part 125 operators and contract 
maintenance document retention requirements for part 145 repair 
stations. These clarifications would help ensure consistency in use and 
interpretation.
    Furthermore, the FAA proposes to align reporting requirements with 
similar requirements in other regulations, for example, Sec. Sec.  
121.703, 135.415, and 145.221. Specifically, the rule proposed would 
lengthen the reporting interval for mechanical reliability reports, for 
aircraft operating under part 91, subpart K, fractional ownership 
rules, from 72 to 96 hours;

[[Page 6067]]

and (2) allow electronic report submissions.

C. Summary of Benefits and Costs

    By increasing inspection options available to owners and operators 
of single-engine turbine-powered airplanes and unmanned aircraft, this 
proposal is expected to result in improved safety and net cost savings. 
The FAA does not identify any new costs; there are unquantifiable cost 
savings and benefits. Unmanned aircraft manufacturers seeking type 
certification or operational approval are already required to have an 
inspection program developed at the time the aircraft receives 
certification.
    One manufacturer estimated that inspecting aircraft under a 
Maintenance Steering Group--3rd Task Force (MSG-3) (used by 
manufacturers to develop initial scheduled maintenance/inspection 
requirements) inspection program could save owners/operators 
approximately $7,974 per aircraft compared to an annual inspection 
program.
    Manufacturers would incur costs to update inspection programs, but 
these costs would be voluntary, as the rule would not require 
manufacturers to develop new inspection programs. However, most 
manufacturers would likely choose to do so, given the relatively low 
associated costs compared to potential safety and customer satisfaction 
benefits. Furthermore, even if a manufacturer does not choose to create 
an inspection program for a specific type of aircraft, this rule still 
provides a benefit to aircraft owners and operators because it allows 
them to develop their own inspection program.
    Improved safety will be one of this proposal's benefits because a 
manufacturer-developed or owner-created inspection program would be 
customized to the specific aircraft. This is due to the utilization of 
more relevant and appropriate inspection tasks and intervals. A 
manufacturer-developed program likely would be less invasive compared 
with the annual or 100-hour inspection. For example, high-utilization 
operators performing a 100-hour inspection frequently generate 
maintenance issues due to frequent disassembly, inspection, and 
reassembly of components. Aircraft safety would be improved by having a 
less invasive scheduled maintenance process. The FAA estimated cost and 
cost savings over a 10-year time horizon as presented in the table 
below. Safety benefits were not quantified.
    Table 1 below presents a summary of estimated costs and cost 
savings for this proposal's manned aircraft maintenance programs over a 
10-year time period. These estimates are based on only one manufacturer 
offering a manufacturer-developed inspection program, i.e., the 
manufacturer who has developed and provided us with cost savings 
estimates. They result in an annualized net cost savings of $7.4 
million using a 7 percent discount rate.

                                                       Table 3--Summary of Costs and Cost Savings
                                                                  [$2020 U.S. Dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 10-Year total cost                           10-Year net cost
       savings         10-Year total costs         savings         Net cost savings 7%   Net cost savings 3%   Annualized net cost   Annualized net cost
   (undiscounted)        (undiscounted)        (undiscounted)         present value         present value          savings 7%            savings 3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
      $77,757,841            $3,526,016           $74,231,825           $52,058,197           $63,278,086            $7,372,660            $7,392,755
--------------------------------------------------------------------------------------------------------------------------------------------------------

    To understand the maximum potential cost savings for single-engine 
turbine-powered airplane and unmanned aircraft owners and operators, we 
ran a sensitivity analysis based on the assumption that all 
manufacturers of this type of aircraft would develop and make available 
manufacturer-developed inspection programs to those owners and 
operators. The sensitivity analysis indicates that annualized net cost 
savings reach $36.8 million at a 7 percent discount rate if all 
manufacturers offer similar inspection programs.
1. Who is potentially affected by this proposed rule?
     Owners and operators of single-engine turbine-powered 
airplanes and unmanned aircraft operating under or otherwise using the 
inspection provisions of part 91.
     Manufacturers who choose to develop inspection programs.
2. Assumptions
     Estimates are in 2020 dollars.
     The period of analysis is 10 years.
     Annual cost savings per aircraft of opting for a 
manufacturer-developed and recommended inspection program over an 
annual inspection program is $7,974.
     The FAA uses a wage rate of $84.76 per hour adjusted for 
total compensation and benefits to estimate costs. This is based on 
compensation data for an Aerospace Engineer from the Bureau of Labor 
Statistics.
     Development of manufacturer-recommended inspection program 
would require four aerospace engineers full-time for 1 year.
     Update of these programs would require two aerospace 
engineers full time each year.
    Estimates of the number of single-engine turbine-powered airplanes 
are computed using estimates of turboprops (years 2021 through 2030) 
from the 2018 FAA Aerospace Forecast times the average number of 
single-engine turboprops as a percent of total turboprops from 2012 to 
2019 from the FAA General Aviation Survey, Calendar Year 2019
3. Benefits
    This proposal will result in improved safety because a 
manufacturer-developed inspection program would be less invasive 
compared with an annual or 100-hour inspection. For example, high-
utilization operators performing 100-hour inspections may encounter 
more maintenance issues due to frequent disassembly, inspection, and 
reassembly of components.\15\ The proposed inspection programs would 
meet the current minimum inspection requirements for turbine-powered 
multi-engine airplanes.
---------------------------------------------------------------------------

    \15\ Textron Aviation Inc. Petition for Rulemaking for 14 CFR 
91.409.
---------------------------------------------------------------------------

    Another benefit would be more flexible scheduling for high-
utilization operators because a 100-hour or annual inspection may 
require more aircraft downtime.\16\ The FAA has not quantified these 
benefits; those who benefit would be passengers and owners and 
operators.
---------------------------------------------------------------------------

    \16\ Due to less time in maintenance the improved aircraft 
availability would enable our high-utilization operators more 
flexible scheduling. An annual or 100-hour inspection is costly 
considering shop equipment, labor, and aircraft downtime. Reduced 
operating costs may lower fares, therefore making air travel 
available to a wider segment of the public.'' Textron Aviation Inc. 
Petition for Rulemaking for 14 CFR 91.409.

---------------------------------------------------------------------------

[[Page 6068]]

4. Costs and Cost Savings
    This proposed rule would result in net cost savings. The proposal 
might potentially affect all the single-engine turbine airplanes. To 
estimate the number of affected aircraft and the proposed rule's impact 
on aircraft owners and operators, we use the FAA's general aviation 
survey (GA Survey) that tracks the number of single-engine turbine-
powered airplanes. Estimates of the number of single-engine turboprop 
aircraft form the basis of the analysis and, accordingly, the number of 
aircraft that potentially could be inspected under one of the proposed 
optional inspection programs instead of the annual inspection program. 
However, we acknowledge the uncertainty on how many manufacturers of 
single-engine turbine airplanes would follow the example of one 
manufacturer that already developed its own inspection program.
    That general aviation aircraft manufacturer provided estimates of 
the cost differential between an MSG-3 inspection program and an annual 
inspection program. An MSG-3 program is a manufacturers' inspection 
program. Their analysis found that the total cost savings over 5 years 
would be $39,871 or $7,974 on average per year, per aircraft.
    The cost savings would apply to only 20 percent of the estimated 
number of single-engine turboprops fleet ranging from 4,847 in year 1 
to 4,960 in year 10. The manufacturer that has developed this 
inspection program and supplied us with these estimates manufactures 20 
percent of single-engine turbine aircraft. As this manufacturer has 
actively developed the program, we think it highly likely the company 
would offer it to owners and operators of its aircraft. As it is likely 
to save these owners and operators money, we think that owners and 
operators would adopt the manufacturer's recommended inspection 
program. The result would be the following total cost savings estimate 
in year 1:

 Savings per aircraft x estimated Single-Engine turboprops x 
20% = $7,974 x 4,847 x .2 = $7,730,502.\17\
---------------------------------------------------------------------------

    \17\ These numbers are subject to rounding.

    The manufacturer has already developed the program; therefore, the 
development costs have already been incurred, and these development 
costs would not be accounted for in this analysis. This manufacturer 
would only incur the annual costs to maintain its inspection program it 
already developed. Below is the estimate of annual maintenance costs:
    The annual manufacturer cost to maintain a manufacturer-recommended 
inspection program is as follows:

 Two aerospace engineers x loaded hourly wage rate x 2,080 
hours = 2 x $84.76 x 2,080 = $352,602.

    The estimated annual per aircraft savings is $7,974, and if 20 
percent of the estimated single-engine turboprops are inspected under 
this manufacturer's inspection program, the net cost savings in the 
first year would be $7.3 million, undiscounted ($7.7 million 
undiscounted cost savings - $.4 million undiscounted maintenance 
costs).\18\
---------------------------------------------------------------------------

    \18\ These numbers are subject to rounding.
---------------------------------------------------------------------------

    Table 2 presents undiscounted cost savings, costs, net costs, 
discounted net cost savings, and annualized cost savings based on only 
one manufacturer offering its recommended inspection program. The 
annualized net cost savings would be $7.4 million at a 7 percent 
discount rate.

                                                 Table 4--Estimated Net Cost Savings of One Manufacturer
                                                                 [$2020 U.S. dollars] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Estimated      20% of the
                                                             number of    fleet achieves       Costs         Net cost        Net cost        Net cost
                          Year                             single-engine   cost savings   (undiscounted)      savings       savings 7%      savings 3%
                                                            turboprops    (undiscounted)                  (undiscounted)   present value   present value
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................           4,847      $7,730,502        $352,602      $7,377,900      $6,895,234      $7,163,010
2.......................................................           4,836       7,712,810         352,602       7,360,209       6,428,691       6,937,703
3.......................................................           4,834       7,708,955         352,602       7,356,354       6,004,976       6,732,106
4.......................................................           4,841       7,720,321         352,602       7,367,719       5,620,798       6,546,123
5.......................................................           4,852       7,738,000         352,602       7,385,399       5,265,687       6,370,710
6.......................................................           4,866       7,760,935         352,602       7,408,333       4,936,485       6,204,363
7.......................................................           4,882       7,786,358         352,602       7,433,757       4,629,370       6,044,324
8.......................................................           4,905       7,823,019         352,602       7,470,417       4,347,851       5,897,216
9.......................................................           4,933       7,867,064         352,602       7,514,462       4,087,369       5,759,209
10......................................................           4,960       7,909,877         352,602       7,557,275       3,841,736       5,623,323
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............      77,757,841       3,526,016      74,231,825      52,058,197      63,278,086
                                                         -----------------------------------------------------------------------------------------------
    Annualized Net Cost Savings.........................  ..............  ..............  ..............  ..............       7,411,916       7,418,122
--------------------------------------------------------------------------------------------------------------------------------------------------------
* These numbers are subject to rounding.

5. Sensitivity Analysis
    Since there are four other manufacturers producing single-engine 
turbine-powered aircraft in this market segment, we conducted a 
sensitivity analysis to illustrate the maximum potential cost savings 
that could be achieved by all five manufacturers--and the owners and 
operators of the estimated aircraft fleet if the proposed rule is 
adopted. The following table shows cost savings if all owners and 
operators of single-engine turbine-powered aircraft were to transfer to 
an MSG-3 program and were able to achieve an annual cost savings of 
$7,974 per airplane.
    For Year 1 in Table 3, using 2022 forecast estimates, the annual 
potential cost savings of the proposed rule would be $38,652,509 
[$7,974 (estimated cost savings per aircraft) x 4,847 (estimated single 
turboprops)]. In the remaining years in the 10-year period of analysis 
in Table 3, annual potential cost savings are calculated in the same 
manner as in Year 1 by multiplying $7,974 cost savings per aircraft 
with the number of forecasted aircrafts.

[[Page 6069]]



                          Table 5--Sensitivity Analysis: Maximum Potential Cost Savings
                                              [$2020 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                  Maximum potential
                     Year                           cost savings        7% present value      3% present value
                                                   (undiscounted)
----------------------------------------------------------------------------------------------------------------
1.............................................           $38,652,509           $36,123,840           $37,526,708
2.............................................            38,564,051            33,683,336            36,350,317
3.............................................            38,544,776            31,464,019            35,273,930
4.............................................            38,601,603            29,448,978            34,297,025
5.............................................            38,690,001            27,585,436            33,374,335
6.............................................            38,804,675            25,857,193            32,498,304
7.............................................            38,931,791            24,244,763            31,655,109
8.............................................            39,115,095            22,765,341            30,877,817
9.............................................            39,335,318            21,395,807            30,147,246
10............................................            39,549,385            20,104,902            29,428,457
                                               -----------------------------------------------------------------
    Total.....................................           388,789,204           272,673,615           331,429,247
                                               -----------------------------------------------------------------
    Annualized Cost Savings...................  ....................            38,822,588            38,853,618
----------------------------------------------------------------------------------------------------------------

    Airplane manufacturers would have had to develop the inspection 
programs and incur the necessary annual costs to maintain and update 
their inspection programs for airplane owners and operators to realize 
these cost savings. We estimate that each manufacturer will devote four 
aerospace engineers full-time for 1 year to develop the inspection 
program in the first year of the analysis. The development costs for 
five manufacturers are as follows:

 Five manufacturers x development costs = 5 x $705,203 = 
$3,526,016

    Presented in the following table are cost savings, costs, net 
costs, discounted net cost savings, and annualized cost savings at 
their maximum potential. If all five manufacturers were to develop and 
offer manufacturer-recommended inspection programs, and all owners and 
operators of single-engine turbine-powered airplanes were to adopt 
these programs in place of their annual inspection programs, the 
annualized net cost savings would be $36.8 million at a 7 percent 
discount rate.

                                           Table 6--Sensitivity Analysis: Maximum Potential Net Cost Savings *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Maximum
                                                           potential cost       Costs       Maximum potential    Maximum potential    Maximum potential
                           Year                                savings     (undiscounted)    net cost savings   net cost savings 7%  net cost Savings 3%
                                                           (undiscounted)                     (undiscounted)       present value        present value
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................................................     $38,652,509      $3,526,016          $35,126,493          $32,828,498          $34,103,391
2........................................................      38,564,051       1,763,008           36,801,043           32,143,456           34,688,513
3........................................................      38,544,776       1,763,008           36,781,768           30,024,879           33,660,528
4........................................................      38,601,603       1,763,008           36,838,595           28,103,988           32,730,615
5........................................................      38,690,001       1,763,008           36,926,993           26,328,436           31,853,548
6........................................................      38,804,675       1,763,008           37,041,667           24,682,427           31,021,813
7........................................................      38,931,791       1,763,008           37,168,783           23,146,850           30,221,622
8........................................................      39,115,095       1,763,008           37,352,087           21,739,255           29,486,082
9........................................................      39,335,318       1,763,008           37,572,310           20,436,847           28,796,047
10.......................................................      39,549,385       1,763,008           37,786,377           19,208,678           28,116,613
                                                          ----------------------------------------------------------------------------------------------
    Total................................................     388,789,204      19,393,088          369,396,116          258,643,314          314,678,773
                                                          ----------------------------------------------------------------------------------------------
    Annualized Net Cost Savings..........................  ..............  ..............  ...................           36,824,989           36,889,952
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not add due to rounding.

    We request additional information regarding who would take 
advantage of this type of manufacturer's inspection program and 
quantified data on potential cost savings or costs. After the comment 
period closes and depending on what information we receive, the FAA may 
choose to update the estimates.
    While the FAA quantified costs and cost savings, the rule would 
also result in unquantified cost savings by simplifying, clarifying, 
correcting terms, allowing for electronic data submission, and allowing 
an additional 24 hours to submit a mechanical reliability report.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider regulatory action 
effects on small business and other small entities and to minimize any 
significant impact. The term ``small entities'' comprises small 
businesses and not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields and 
governmental jurisdictions with populations of less than 50,000.
    We believe this proposed rule would not have a significant impact 
on a substantial number of entities for the following reasons:
     The rule would not impose mandatory costs on small 
entities or result in any new costs to maintain the manufacturer 
inspection program.
     It is likely to result in cost savings on the order of 
about $8,000 per aircraft

[[Page 6070]]

for those small entities who voluntarily choose to use a manufacturer 
inspection program on their aircraft.
    Therefore, for the reasons provided, we certify that this proposed 
rulemaking will not result in a significant economic impact on a 
substantial number of small entities.
    The FAA solicits comments regarding this determination.

E. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and 
determined that it would only have a domestic impact; therefore, it 
will not create unnecessary obstacles to United States foreign 
commerce.

F. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or Tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs.
    The FAA determined that the proposed rule will not result in the 
expenditure of $165 million or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

G. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined this 
proposed rule will not result in any new information collection 
requirements.
    The FAA proposes to lengthen the reporting interval for mechanical 
reliability reports, for aircraft operating under part 91, subpart K, 
fractional ownership rules, from 72 to 96 hours, and allow electronic 
report submissions. This increase in the reporting interval would align 
the requirement with similar reporting requirements in other 
regulations, for example, 14 CFR 121.703, 135.415, and 145.221.
    Currently, the general aviation public, including part 91, subpart 
K, owners and operators, use FAA Form 8010-4, Malfunction and Defect 
Report, to submit voluntary reporting of occurrences or detection of 
failure, malfunctions, or defects. Approval to collect such information 
previously was granted by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)) and was assigned OMB Control Number 2120-0663.
    The supporting statement submitted to OMB for renewal of the 
Collection of Information 2120-0663 in October 2020 estimated that 
2,000 respondents from the General Aviation public each year would use 
Form 8010-4 by spending 10 minutes each for an annual 334 total burden 
hours. The proposed change would simply align the required reporting 
interval from 72 hours to 96 hours with similar requirements for part 
121, part 135, and part 145 operators of 14 CFR and would neither 
decrease nor increase the current burden hours on 2,000 respondents.
    Therefore, we determined that there would be no new information 
collection requirements associated with the proposal to increase the 
reporting timeframe for mechanical reliability reports in 14 CFR 
91.1415 from 72 to 96 hours and to allow for electronic submissions.

H. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

I. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 13132, Federalism. We determined 
this action would not have a substantial direct effect on the States, 
or the relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government; therefore, it will not have any federalism 
implications.

B. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\19\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\20\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
affect uniquely or significantly their respective Tribes. Our proposal 
analysis has not identified any unique or significant effects, 
environmental or otherwise, on tribes.
---------------------------------------------------------------------------

    \19\ 65 FR 67249 (Nov. 6, 2000).
    \20\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    We analyzed this proposed rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001) and determined that it would not be 
a ``significant energy action'' under the executive order and would not 
be likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

D. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent

[[Page 6071]]

unnecessary differences in regulatory requirements.
    We analyzed this action under the policies and agency 
responsibilities of E.O. 13609 and determined that this action would 
have no effect on international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    We invite interested persons to participate in this rulemaking by 
submitting written comments, data, or views. We also invite comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from adopting the proposals in this document. The 
most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, 
commenters should submit only one time if comments are filed 
electronically, or commenters should send only one copy of written 
comments if comments are filed in writing.
    We will file in the docket all comments it receives, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments that we receive on or before the comments 
closing date; however, we will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
that are received.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
internet by--
    1. Searching the Federal eRulemaking Portal www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at 
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at 
www.GovInfo.com.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the internet through the Federal eRulemaking Portal referenced in item 
(1) above.

C. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT 
section of this document. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

D. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this proposed rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at 
www.federalregister.gov and the Government Publishing Office's website 
at www.govinfo.gov. A copy may also be found at the FAA's Regulations 
and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

E. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 91

    Air carrier, Air taxis, Aircraft, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Transportation.

14 CFR Part 125

    Aircraft, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Aviation safety.

14 CFR Part 137

    Agriculture, Aircraft, Aviation safety.

14 CFR Part 145

    Aircraft, Aviation safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.401 by revising paragraph (c) to read as follows:


Sec.  91.401  Applicability.

* * * * *
    (c) Sections 91.405 and 91.409 do not apply to--
    (1) An airplane inspected in accordance with part 125 of this 
chapter.
    (2) An aircraft inspected in accordance with an approved aircraft

[[Page 6072]]

inspection program under part 135 of this chapter and so identified by 
the registration number in the operations specifications of the 
certificate holder having the approved aircraft inspection program.
    (3) An aircraft that carries a special flight permit.
    (4) An aircraft that carries a current experimental, light-sport, 
or provisional airworthiness certificate, unless specified in an 
additional operating limitation under Sec.  91.317 or Sec.  91.319.
0
3. Amend Sec.  91.403 by revising paragraph (c) and adding paragraph 
(e) to read as follows:


Sec.  91.403  General.

* * * * *
    (c) No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has been 
issued that contains an airworthiness limitations section unless:
    (1) The mandatory replacement times, inspection intervals, and 
related procedures specified in the airworthiness limitations section 
have been complied with; or
    (2) Alternative inspection intervals and related procedures set 
forth in a continuous airworthiness maintenance program approved by the 
Administrator and authorized by operations specifications under part 
121 or 135 of this chapter, or management specifications under subpart 
K of this part have been complied with; or
    (3) Alternative inspection intervals and related procedures set 
forth in an inspection program authorized for use under Sec.  91.409(f) 
have been complied with.
* * * * *
    (e) No person may operate an aircraft under a special flight permit 
unless it is operated in accordance with any conditions and limitations 
issued by the Administrator and it has been inspected to the extent 
necessary to determine the aircraft is in a condition for safe 
operation for the intended flight.
0
4. Amend Sec.  91.405 by revising paragraphs (a), (c), and (d) to read 
as follows:


Sec.  91.405  Maintenance required.

* * * * *
    (a) Shall have that aircraft inspected as prescribed in this 
subpart and shall, between required inspections, except as provided in 
paragraph (c) of this section, have discrepancies evaluated and 
dispositioned or corrected, as appropriate, through inspection, 
overhaul, repair, preservation, or the replacement of parts, in 
accordance with part 43 of this chapter, or appropriately deferred as 
provided in Sec.  91.213;
* * * * *
    (c) Shall, at each required inspection, have any inoperative 
instrument or item of equipment that is permitted to be inoperative by 
Sec.  91.213(d)(2), and that has not been repaired, replaced, or 
removed inspected to ensure that the inoperative instrument or item of 
equipment will not have an adverse effect on the continued safe 
operation of the aircraft; and
    (d) Shall ensure that when inoperative instruments or equipment are 
present, a placard marking it ``inoperative'' has been installed as 
required by Sec.  43.11 of this chapter.
0
5. Amend Sec.  91.409 by:
0
a. Adding a heading for paragraph (a);
0
b. Revising paragraphs (b), (c), (e), (f) introductory text, and 
(f)(1), (3), and (4);
0
c. Removing the undesignated paragraph following paragraph (f)(4); and
0
d. Revising paragraphs (g) introductory text and (g)(1).
    The addition and revisions read as follows:


Sec.  91.409  Inspections.

    (a) Annual inspections. * * *
    (b) 100 hour inspections. Except as provided in paragraph (c) of 
this section, no person may operate an aircraft carrying any person 
(other than a crewmember) for hire, no person may give flight 
instruction for hire in an aircraft which that person provides, and no 
person may operate an aircraft over congested areas under part 137 of 
this chapter unless within the preceding 100 hours of time in service 
the aircraft has received an annual or 100-hour inspection and been 
approved for return to service in accordance with part 43 of this 
chapter or has received an inspection for the issuance of an 
airworthiness certificate in accordance with part 21 of this chapter. 
The 100-hour limitation may be exceeded by not more than 10 hours while 
en route to reach a place where the inspection can be done. The excess 
time used to reach a place where the inspection can be done must be 
included in computing the next 100 hours of time in service.
    (c) Applicability of annual and 100 hour inspections. Paragraphs 
(a) and (b) of this section do not apply to--
    (1) An aircraft authorized by the Administrator to be inspected in 
accordance with a progressive inspection program under paragraph (d) of 
this section;
    (2) An aircraft subject to the requirements of paragraph (e)(1) of 
this section; or
    (3) Turbine-powered rotorcraft or single-engine turbine-powered 
airplanes when the owner or operator elects to inspect that aircraft in 
accordance with paragraph (e)(2) of this section.
* * * * *
    (e) Large airplanes (which are not inspected in accordance with 
part 125 of this chapter), turbine-powered airplanes and rotorcraft, 
and unmanned aircraft--(1) Large airplanes, multiengine turbine-powered 
airplanes, and unmanned aircraft. Except as specified in Sec.  91.401, 
no person may operate a large airplane, multiengine turbine-powered 
airplane, or unmanned aircraft unless the replacement times for life-
limited parts specified in the aircraft specifications, type data 
sheets, or other documents approved by the Administrator are complied 
with and the aircraft, including the airframe, engines, propellers, 
rotors, appliances, survival equipment, and emergency equipment, is 
inspected in accordance with an inspection program selected under the 
provisions of paragraph (f) of this section.
    (2) Turbine-powered rotorcraft and single-engine turbine-powered 
airplanes. In lieu of paragraph (a), (b), or (d) of this section, the 
owner or operator of a turbine-powered rotorcraft or a single-engine 
turbine-powered airplane may elect to use an inspection program 
selected under the provisions of paragraph (f) of this section. If an 
alternate inspection program is selected, no person may operate the 
aircraft unless the replacement times for life-limited parts specified 
in the aircraft specifications, type data sheets, or other documents 
approved by the Administrator are complied with and the aircraft, 
including the airframe, engines, propellers, rotors, appliances, 
survival equipment, and emergency equipment, is inspected in accordance 
with the inspection program.
    (f) Selection of inspection program under paragraph (e) of this 
section. The registered owner or operator of each aircraft that is 
required to or has opted to use an inspection program under this 
section, as described in paragraph (e) of this section, must select, 
identify in the aircraft maintenance records, and use one of the 
following programs for the inspection of the aircraft. Each operator 
shall make a copy of the selected program available to the person 
performing inspections on the aircraft and, upon request, to the 
Administrator.
    (1) An inspection program that is part of a continuous 
airworthiness maintenance program currently in use by a person holding 
an air carrier certificate or an operating certificate

[[Page 6073]]

issued under part 121 or 135 of this chapter and operating that make 
and model aircraft under part 121 of this chapter or operating that 
make and model under part 135 of this chapter and maintaining it under 
Sec.  135.411(a)(2) of this chapter.
* * * * *
    (3) An inspection program recommended by the manufacturer that was 
the most current program available at the time of selection and 
identified in the aircraft maintenance records.
    (4) Any other inspection program established by the registered 
owner or operator and approved by the Administrator for that aircraft 
under paragraph (g) of this section. The Administrator may require 
revision of this inspection program in accordance with the provisions 
of Sec.  91.415.
    (g) Inspection program approved under paragraph (e) of this 
section. Each operator of an aircraft desiring to establish or change 
an approved inspection program under paragraph (f)(4) of this section 
must submit the program for approval in a manner acceptable to the FAA. 
The program must be in writing and include at least the following 
information:
    (1) Instructions and procedures for the conduct of inspections for 
the particular make and model aircraft, including necessary tests and 
checks. The instructions and procedures must set forth in detail the 
parts and areas of the airframe, engines, propellers, rotors, and 
appliances, including survival and emergency equipment required to be 
inspected.
* * * * *
0
6. Amend Sec.  91.415 by revising paragraph (a) to read as follows:


Sec.  91.415  Changes to aircraft inspection programs.

    (a) Whenever the Administrator finds that revisions to an 
inspection program approved under Sec.  91.409(f)(4) or Sec.  91.1109 
or Sec.  125.247(e)(3) of this chapter are necessary for the continued 
adequacy of the program, the owner or operator must, after notification 
by the Administrator, make any changes in the program found to be 
necessary by the Administrator.
* * * * *
0
7. Amend Sec.  91.501 by revising paragraph (a) to read as follows:


Sec.  91.501  Applicability.

    (a) This subpart prescribes operating rules, in addition to those 
prescribed in other subparts of this part, governing the operation of 
large airplanes of U.S. registry, turbojet-powered multiengine civil 
airplanes of U.S. registry, and fractional ownership program aircraft 
of U.S. registry that are operating under subpart K of this part in 
operations not involving common carriage. The operating rules in this 
subpart do not apply to those aircraft when they are required to be 
operated under parts 121, 125, 129, 135, and 137 of this chapter.
* * * * *
0
8. Amend Sec.  91.1415 by revising the section heading and paragraph 
(d) to read as follows:


Sec.  91.1415  CAMP: Service difficulty reports.

* * * * *
    (d) Each program manager 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 that is 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 workday.
* * * * *

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; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
9. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705, 
44710-44711, 44713, 44716-44717, 44722.

0
10. Amend Sec.  125.247 by revising paragraphs (a)(3), (d), and (e) to 
read as follows:


Sec.  125.247  Inspection programs and maintenance.

    (a) * * *
    (3) The airplane, including airframe, aircraft engines, propellers, 
appliances, and survival and emergency equipment, and their component 
parts, is inspected in accordance with an inspection program authorized 
by the Administrator under paragraph (e) of this section.
* * * * *
    (d) No person may operate an airplane subject to this part unless--
    (1) The installed engines have been maintained in accordance with 
the overhaul periods recommended by the manufacturer or a period 
approved by the Administrator; and
    (2) The engine overhaul periods, or a reference to where they can 
be found, are specified in the certificate holder's operations 
specifications.
    (e) Inspection programs that may be authorized for use under this 
part include, but are not limited to--
    (1) An inspection program that is a part of a current continuous 
airworthiness maintenance program approved for use by a certificate 
holder under part 121 or 135 of this chapter;
    (2) An inspection program recommended by the manufacturer of the 
aircraft that was the most current program available at the time of 
selection and authorization under this part; or
    (3) An inspection program developed by a certificate holder under 
this part and approved by the Administrator. The Administrator may 
require revision of this inspection program in accordance with the 
provisions of Sec.  91.415 of this chapter.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

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

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
12. Amend Sec.  135.411 by revising paragraph (a)(2) to read as 
follows:


Sec.  135.411  Applicability.

    (a) * * *
    (2) Aircraft that are type certificated for a passenger seating 
configuration, excluding any pilot seat, of ten seats or more, shall be 
maintained under a continuous airworthiness maintenance program in 
Sec. Sec.  135.415, 135.417, and 135.423 through 135.443.
* * * * *

PART 137--AGRICULTURAL AIRCRAFT OPERATIONS

0
13. The authority citation for part 137 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 44701-44702.

0
14. Amend Sec.  137.53 by revising paragraph (c) to read as follows:


Sec.  137.53  Operation over congested areas: Pilots and aircraft.

* * * * *
    (c) Aircraft. Each aircraft, other than a helicopter, must be 
equipped with a device capable of jettisoning at least

[[Page 6074]]

one-half of the aircraft's maximum authorized load of agricultural 
material within 45 seconds. If the aircraft is equipped with a device 
for releasing the tank or hopper as a unit, there must be a means to 
prevent inadvertent release by the pilot or other crewmember.

PART 145--REPAIR STATIONS

0
15. The authority citation for part 145 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709, 
44717.

0
16. Amend Sec.  145.109 by revising paragraph (d) to read as follows:


Sec.  145.109  Equipment, materials, and data requirements.

* * * * *
    (d) A certificated repair station must maintain, in a format 
acceptable to the FAA, the documents and data required for the 
performance of maintenance, preventive maintenance, and alterations 
under its repair station certificate and operations specifications in 
accordance with part 43 of this chapter. These documents and data must 
be accessible when the relevant work is being done.
0
17. Amend Sec.  145.201 by revising paragraph (a)(2) to read as 
follows:


Sec.  145.201  Privileges and limitations of certificate.

    (a) * * *
    (2) Arrange for another person to perform the maintenance, 
preventive maintenance, or alterations of any article. The certificated 
repair station may approve an article for return to service following 
the maintenance, preventive maintenance, or alterations performed on 
the article by the other person if--
    (i) The certificated repair station is rated to perform 
maintenance, preventive maintenance, or alterations on the article; and
    (ii) The requirements for contract maintenance in Sec.  145.217 
have been met.
* * * * *
0
18. Amend Sec.  145.217 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing ``; and'' at the end of paragraph (a)(1) and adding a 
period in its place;
0
c. Adding paragraph (a)(3);
0
d. Adding the word ``and'' at the end of paragraph (b)(1);
0
e. Removing ``; and'' at the end of paragraph (b)(2) and adding a 
period in its place; and
0
f. Removing paragraph (b)(3).
    The revision and addition read as follows:


Sec.  145.217  Contract maintenance.

    (a) A certificated repair station may approve an article for return 
to service following the maintenance, preventive maintenance, or 
alterations performed on an article by an outside source under contract 
or other arrangement, in accordance with Sec.  145.201(a)(2), provided 
all the following conditions are met:
* * * * *
    (3) The certificated repair station verifies, by test and/or 
inspection, that the work has been performed satisfactorily by the 
other person and that the article is airworthy before approving it for 
return to service.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44707 in Washington, DC.
Robert M. Ruiz,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2024-00763 Filed 1-30-24; 8:45 am]
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