[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Proposed Rules]
[Pages 58878-58882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25045]



[[Page 58877]]

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

Part IV





Department of Transportation





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



Federal Aviation Administration



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



14 CFR Parts 43 and 45



Safe Disposition of Life-Limited Aircraft Parts; Proposed Rule

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / 
Proposed Rules

[[Page 58878]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 43 and 45

[Docket No. FAA-2000-8017; Notice No. 00-11]
RIN 2120-AH11


Safe Disposition of Life-Limited Aircraft Parts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action responds to the Wendall H. Ford Investment and 
Reform Act for the 21st Century by proposing that all persons who 
remove any life-limited aircraft part be required to have a method to 
prevent the installation of that part after it has reached its life 
limit. This action would reduce the risk of life-limited parts being 
used beyond their life limits. This proposal would also require that 
manufacturers of life-limited parts provide instructions on how to mark 
a part showing its life limit, when someone removing such a part 
requests it.

DATES: Comments must be received on or before January 30, 2001. 
Comments on the information collection requirements must be submitted 
on or before December 1, 2000.

ADDRESSES: Address your comments to the Docket Management System (DMS), 
U.S. Department of Transportation, Room Plaza Level 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number ``FAA-2000-8017'' at the beginning of your comments, and you 
should submit two copies of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Al Michaels, Flight Standards Service, 
AFS-300, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-7501, facsimile (202) 267-
5115, or e-mail: <a href="/cdn-cgi/l/email-protection#640508060116104a090d070c05010817240205054a030b12"><span class="__cf_email__" data-cfemail="2849444a4d5a5c0645414b40494d445b684e4949064f475e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed action by submitting such written data, views, or arguments, 
as they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this document also are invited. Substantive comments 
should be accompanied by cost estimates. Comments must identify the 
regulatory docket or notice number and be submitted in duplicate to the 
Docket Management System address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning this proposed 
rulemaking, will be filed in the docket.
    The Administrator will consider all comments received on or before 
the closing date before taking action on this proposed rulemaking. 
Comments filed late will be considered as far as possible without 
incurring expense or delay. The proposals in this document may be 
changed in light of the comments received.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    (2) On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number for the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the 
Federal Register's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number and notice number of this 
rulemaking.

Background

    The FAA has found life-limited parts that exceeded their life-
limits installed on type-certificated products during accident 
investigations and routine surveillance. Although such installation of 
life-limited parts violates existing FAA regulations, concerns have 
arisen regarding the disposition of these life-limited parts when they 
have reached their life limits.
    Concerns over the use of life-limited aircraft parts led Congress 
to pass a law requiring the safe disposition of these parts when they 
have reached their life limits. The Wendall H. Ford Investment and 
Reform Act for the 21st Century (Public Law 106-181), added section 
44725 to Title 49, United States Code, as follows:

Sec. 44725. Life-Limited Aircraft Parts

    (a) IN GENERAL--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to require the 
safe disposition of life-limited parts removed from an aircraft. The 
rulemaking proceeding shall ensure that the disposition deter 
installation on an aircraft of a life-limited part that has reached 
or exceeded its life limits.
    (b) SAFE DISPOSITION--For the purposes of this section, safe 
disposition includes any of the following methods:
    (1) The part may be segregated under circumstances that preclude 
its installation on an aircraft.
    (2) The part may be permanently marked to indicate its used life 
status.
    (3) The part may be destroyed in any manner calculated to 
prevent reinstallation in an aircraft.
    (4) The part may be marked, if practicable, to include the 
recordation of hours, cycles, or other airworthiness information. If 
the parts are marked with cycles or hours of usage, that information 
must be updated every time the part is removed from service or when 
the part is retired from service.
    (5) Any other method approved by the Administrator.
    (c) * * *
    (d) PRIOR-REMOVED LIFE-LIMITED PARTS--No rule issued under 
subsection (a) shall require the marking of parts removed from 
aircraft before the effective date of the rules issued under 
subsection (a), nor shall any such rule forbid the installation of 
an otherwise airworthy life-limited part.

    Existing regulations are not as specific as the legislation 
governing the safe disposition of life-limited parts. There are no 
requirements for persons to safely disposition life-limited parts that 
have reached their life limits. This proposal would require all life-
limited parts to be controlled in a manner to prevent installation on a 
type-certificated product (See sec 21.1(b)) after they have reached 
their life limit. However, the regulations require that each registered 
owner or operator under

[[Page 58879]]

Sec. 91.417(a)(2)(ii) and each certificate holder under 
Sec. 121.380(a)(2)(iii) or Sec. 135.439(a)(2)(ii), maintain records 
showing ``the current status of life-limited parts of each airframe, 
engine, propeller, rotor, and appliance.'' This proposal would provide 
additional controls for life-limited parts that would reduce the risk 
of parts being installed in type-certificated products after reaching 
their life limits.
    This statute requires the FAA to issue a rule ensuring the safe 
disposition of life-limited aircraft parts. Congress also provided 
civil penalties for violations of this statute.

Current Requirements

    Existing regulations require specific markings be placed on all 
life-limited parts at the time of manufacture. This includes 
permanently marking the part with a part number (or equivalent) and a 
serial number (or equivalent). See 14 CFR 45.14.
    The type design of an aircraft, aircraft engine, or propeller 
includes the Airworthiness Limitations section that describes life 
limits for parts installed on the product. See 14 CFR 21.31(c) and 14 
CFR 25 appendix H 25.4.
    In order for an aviation product to comply with its type design, 
the life-limited parts installed on it must fall within the acceptable 
ranges described in the Airworthiness Limitations section. For this 
reason, installation of a life-limited part after the mandatory 
replacement time has been reached would be a violation of the 
maintenance regulations. Section 43.13(b) requires that maintenance 
work be completed so that the product worked on ``will be at least 
equal to its original or properly altered condition.* * *''
    Persons who install parts do not always have adequate information 
to determine a part's current life status. In particular, documentation 
problems may mislead an installer concerning the actual useful life 
remaining for a life-limited part.
    The purpose of this proposed rule is to provide for the data needs 
of a subsequent installer to prevent the installation of a previously 
removed life-limited part that has reached its life limit. This 
proposal would reduce the risk of life-limited parts being used beyond 
their life-limits.

Section-by-Section Discussion of the Proposals

Section 43.1  Applicability

    The removal, storage, and disposal of parts is closely related to 
the maintenance of aircraft. We propose to amend the applicability of 
part 43.

Section 43.10  Disposition of Life-Limited Aircraft Parts

    Part 43 would be amended by adding a new section to incorporate the 
new legislation. Paragraph (a) proposes definitions for ``life-limited 
part'' and ``life status.''
    ``Life-limited part'' would be defined to mean any part for which a 
mandatory replacement time is specified in the Airworthiness 
Limitations section of a type certificate holder's maintenance manual 
or Instructions for Continued Airworthiness.
    ``Life status'' would be defined to mean the accumulated cycles, 
hours, or any other mandatory replacement time of a life-limited part.
    Paragraph (b) proposes requirements for the safe disposition of any 
life-limited part that is removed from a type-certificated product (see 
Sec. 21.1(b)) and has reached its life limit. Generally, a type-
certificated product incorporates life-limited parts. The method used 
must prevent the part from being installed after it has reached its 
life limit. Generally, this is accomplished by ensuring that the life 
status of the part is readily available.
    In accordance with the statute, this proposal would apply only to 
life-limited aircraft parts removed after the effective date of the 
final rule. Existing recordkeeping and storage regulations will 
continue to apply to the control of life-limited parts removed before 
the effective date of this rule.
    This paragraph provides that each person removing a life-limited 
part from a type-certificated product must ensure that the part is 
controlled using one of the methods in paragraphs (b)(1) through (6) of 
this section. The person who removes the part need not be the same 
person who implements the requirements of paragraphs (b)(1) through 
(6). For example, an air carrier mechanic removing a part might not 
personally control the part in accordance with one of the methods 
described in paragraph (b) (1) through (6) of this section, but may 
give the part to the air carrier's material control department to 
disposition in accordance with its procedures manual. The air carrier's 
procedures must ensure the part can not be installed in a type-
certificated product after it has reached its life limit.
    The first method for controlling a life-limited part, in paragraph 
(b)(1), is to segregate it under circumstances that preclude its 
installation on a type-certificated product. These circumstances must 
include, at least, keeping a record of the serial number and current 
life status of the part, and ensuring the part is segregated from 
serviceable parts. In this way the parts retrieved from inventory would 
be new, or records would be available to indicate the life status of 
the part.
    Paragraph (b)(2) provides that the part may be permanently and 
legibly marked, when practical, to indicate its life status. The life 
status must be updated each time the part is removed from service. We 
expect that permanent marking will be used mostly for parts that are 
permanently removed from service. If they are not permanently removed 
from service, this marking must be accomplished in accordance with the 
manufacturer's marking instructions, as required under proposed 
Sec. 45.14. This will ensure the integrity of the part is maintained.
    Paragraph (b)(3) provides that the part may be destroyed in any 
manner that prevents installation in a type-certificated product. 
Advisory Circular (AC) No. 21-38, Disposition of Unsalvageable Aircraft 
Parts and Materials, provides guidance for destruction of parts.
    Paragraph (b)(4) proposes that the part may be marked, if 
practical, to include the life status. This marking must be 
accomplished in accordance with the manufacturer's marking 
instructions, as required under proposed Sec. 45.14, to maintain the 
integrity of the part. When a part is marked with its life status and 
installed in a type-certificated product, the life status must be 
updated each time the part is removed from service. When the part is 
retired from service, it may be marked to indicate current life status, 
or it may be destroyed, permanently marked, segregated from serviceable 
parts, or treated in any other manner approved by the Administrator.
    The statute does not provide for tagging any life-limited parts, 
but does provide that FAA may approve methods other then those 
prescribed in proposed paragraph (b)(1) through (4). The FAA recognizes 
that there are cases when marking is impractical. Size, material, or 
geometry might make it impractical to mark the part. Proposed paragraph 
(b)(5) provides that if it is impractical to mark the life-limited 
part, a tag may be attached to the part to record the life status. The 
tag with current life status must be updated each time the part is 
removed from service. Marking is preferred over tagging because marking 
is integral with the part and more likely to remain on the part, 
therefore, tagging would only be permitted when marking is impractical. 
The manufacturer may provide assistance in determining whether a part 
may be marked or tagged. Life status information must be updated

[[Page 58880]]

each time the part is removed from service.
    Paragraph (b)(6) provides that any other method approved by the 
Administrator may be used. For instance, if an air carrier or repair 
station currently has an approved method for handling life-limited 
parts that provides at least the same level of safety as (b)(1) through 
(b)(5), that method could be acceptable under this proposed rule.
    Paragraph (c) stipulates that each person removing a life-limited 
part from segregation, other than for immediate installation, must 
ensure that the part is controlled using one of the methods in 
paragraphs (b)(2) through (6).

Section 45.14  Identification and disposition of critical components

    Section 45.14 would be amended by adding language requiring each 
person producing life-limited parts to provide detailed marking 
instructions, when requested. For example, the producer would state 
what materials or methods may be used to mark the parts, and where the 
mark should be located on the part, to avoid adversely affecting the 
part. The producer would also state whether the part cannot practically 
be marked without compromising its integrity.

Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the Department of Transportation has submitted the 
information requirements associated with this proposal to the Office of 
Management and Budget for its review.
    Title: Safe Disposition of Life-Limited Aircraft Parts.
    Summary: This proposal requires the disposition of life-limited 
parts. This may include marking or tagging the parts with their life 
status. This information must be updated each time the part is removed 
from service or when the part has reached its life-limit and is retired 
from service. Each person removing a life-limited part from a type-
certificated product must ensure that the disposition of the part is 
controlled as required. The person removing the part need not be the 
same person implementing the requirements of the proposal.
    Use of: This rule would support the information needs of a 
subsequent installer in preventing the installation into a type-
certificated product of a part that has reached its life limit.
    Respondents (including number of): The likely respondents to this 
proposed information requirement are persons responsible for removing 
and disposing of life-limited parts. Of about 5,000 FAA certificated 
repair stations, the FAA believes about 1,500 would perform most of 
these procedures. Although some of these procedures may be carried out 
on behalf of air carriers and owner/operators in general aviation, the 
FAA believes that most of the procedures will be performed by a 
certificated repair station.
    Frequency: The FAA estimates each of the 1,500 certified repair 
stations would perform 300 such procedures as an annual average. Each 
of the remaining 3,500 would average 50 procedures annually. Thus, the 
annual frequency of information requirements is 625,000 procedures.
    Annual Burden Estimate: This proposal would result in an annual 
recordkeeping and reporting burden as follows:
    (1) there would be 625,000 removal and disposal procedures 
annually;
    (2) the recordkeeping and recording part of each procedure would 
take 5 minutes; and
    (3) the average fully burdened labor cost of the individuals 
performing the procedures is about $50 per hour.
    Thus, the total annual estimated burden of Public Law 106-181, 
which directs this rulemaking, would be about $2,600,000, borne by a 
total of 5,000 respondents.
    The agency is soliciting comments to--
    (1) evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) evaluate the accuracy of the agency's estimate of the burden;
    (3) enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    According to the regulations implementing the Paperwork Reduction 
Act of 1995, (5 CFR 1320.8(b)(2)(vi)), an agency may not conduct or 
sponsor, a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

Economic Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall 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 requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits agencies 
from setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S. standards, this Trade 
Act requires agencies to consider international standards and, where 
appropriate, that they be the basis of U.S. standards. And fourth, the 
Unfunded Mandates Reform Act of 1995 requires agencies to prepare a 
written assessment of the costs, benefits and other effects of proposed 
or final rules that include a Federal mandate likely to result in the 
expenditure by State, local or tribal governments, in the aggregate, or 
by the private sector, of $100 million or more, in any one year 
(adjusted for inflation).
    However, for regulations with an expected minimal impact the above-
specified analyses are not required. If it is determined that the 
expected impact is so minimal that the proposal does not warrant a full 
evaluation, a statement to that effect and the basis for it is included 
in the evaluation.
    Consistent with Department of Transportation policies and 
procedures for simplification, analysis, and review of regulations, 
this proposal is deemed to have a minimal impact, and does not warrant 
a full evaluation. The FAA requests comments with supporting 
justification regarding the FAA determination of minimal impact.

Expected Benefits

    This proposed rule would decrease the possibility of installation 
into a type-certificated product of life-limited parts that have 
reached their life-limits.

[[Page 58881]]

In general current industry good practices already deter such 
installation. These practices generally reflect the direction and 
advice of current FAA regulatory and advisory material. See 14 CFR 
parts 43, 45, 91, 121 and 135, and FAA Advisory Circulars Nos. 43-9C 
and 20-62D. Thus, the additional benefits expected to result from the 
broadening and strengthening of good business practices directed by 
this legislation are small.

Expected Costs

    It is the FAA's intent that this rulemaking would specify only the 
requirements necessary to bring industry into compliance with Public 
Law 106-181. Thus, the FAA expects that additional compliance costs 
would be attributable to the legislation and not to the rule.
    While no existing FAA rule is as specific as this proposed rule, 
its requirements generally reflect industry good practices. The 
implementation of the legislation directing this proposed rule would 
add to existing requirements, and consequently to costs, by requiring 
that each person removing a life-limited part from a type-certificated 
product must control the disposition of that part by marking, tagging, 
segregating, destroying, or any other approved method that ensures that 
no life-limited part that has reached its life limit will be installed 
into a type-certificated product.
    The FAA believes that the 5,000 FAA certificated repair stations 
will conduct almost all these procedures. Additional costs are 
estimated to average about $1,250 annually for each of the 1,500 FAA 
certificated repair stations most involved with the disposition of 
life-limited parts. The FAA assumes these repair stations annually 
perform an average of 300 procedures involving the safe disposition of 
life-limited parts. The FAA assumes the remaining 3,500 repair stations 
average 50 such procedures annually. Additional annual costs for these 
repair stations is expected to be about $200.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objective of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the business, organizations, and governmental jurisdictions subject 
to regulation.'' To achieve that principle, the Act requires agencies 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions. The Act covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, Sec. 605(b) of the 1980 act provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    Because this proposed rule imposes no economic effects, the FAA 
certifies that it would not have a significant impact on a substantial 
number of small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with the above statute and policy, the FAA has 
assessed the potential effect of this proposed document and has 
determined that it would impose the same costs on domestic and 
international entities and thus has a neutral trade impact.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, enacted as Public Law 
104-4 on March 22, 1995, is intended, among other things, to curb the 
practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of the Act requires each Federal agency to 
prepare a written statement assessing the effects of any Federal 
mandate in a proposed or final agency rule that may result in a $100 
million or more expenditure (adjusted annually for inflation) in any 
one year by State, local, and tribal governments, in the aggregate, or 
by the private sector; such a mandate is deemed to be a ``significant 
regulatory action.''
    This proposal does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Regulations Affecting Interstate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the Administrator, when modifying regulations in title 
14 of the CFR in a manner affecting interstate aviation in Alaska, to 
consider the extent to which Alaska is not served by transportation 
modes other than aviation, and to establish such regulatory 
distinctions as he or she considers appropriate. Because this proposed 
rule, if adopted, would only apply to the subsequent use of these life-
limited aircraft parts, it would not affect interstate aviation in 
Alaska. The FAA, therefore, specifically requests comments on whether 
there is justification for applying the proposed rule differently in 
interstate operations in Alaska.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this notice of proposed 
rulemaking would not have federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies 
for a categorical exclusion.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act

[[Page 58882]]

(EPCA) Public Law 94-163, as amended (42 U.S.C. 6362) and FAA Order 
1053.1. It has been determined that the notice is not a major 
regulatory action under the provisions of the EPCA.

List of Subjects

14 CFR Part 43

    Aircraft, Aviation safety, Life-limited parts, Reporting and 
recordkeeping requirements.

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

The Proposed Amendments

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

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND 
ALTERATION

    1. Amend the authority citation for part 43 to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707, 
44711, 44713, 44717, 44725.
    2. Add Sec. 43.1(c) to read as follows:


Sec. 43.1  Applicability.

* * * * *
    (c) This part applies to each person who removes, segregates, or 
dispositions a life-limited part from a type-certificated product as 
provided in Sec. 43.10.
    3. Add Sec. 43.10 to read as follows:


Sec. 43.10  Disposition of life-limited aircraft parts.

    (a) For the purposes of this section the following definitions 
apply.
    Life-limited part means any part for which a mandatory replacement 
time is specified in the Airworthiness Limitations section of a type 
certificate holder's maintenance manual or Instructions for Continued 
Airworthiness.
    Life status means the accumulated cycles, hours, or any other 
mandatory replacement time of a life-limited part.
    (b) After [the effective date of the final rule], each person who 
removes a life-limited part from a type-certificated product must 
ensure that the part is controlled using one of the methods in 
paragraphs (b)(1) through (6) of this section. The method must prevent 
the part from being installed after it has reached its life limit. 
Approved methods include:
    (1) The part may be segregated under circumstances that preclude 
its installation on a type-certificated product. These circumstances 
must include, at least--
    (i) Keeping a record of the serial number and current life status 
of the part, and
    (ii) Ensuring the part is stored separately from serviceable parts.
    (2) The part may be permanently and legibly marked, if practical, 
to indicate its life status. The life status must be updated each time 
the part is removed from service. Unless the part is permanently 
removed from service, this marking must be accomplished in accordance 
with the manufacturer's marking instructions, in order to maintain the 
integrity of the part, as required under Sec. 45.14 of this chapter.
    (3) The part may be destroyed in any manner that prevents 
installation in a type-certificated product.
    (4) The part may be marked, if practical, to include the life 
status. The life status must be updated each time the part is removed 
from service. This marking must be accomplished in accordance with the 
pertinent manufacturer's marking instructions, in order to maintain the 
integrity of the part, as required under Sec. 45.14 of this chapter.
    (5) If it is impractical to mark the part, a tag may be attached to 
the part to include the life status. The tag must be updated to reflect 
life status each time the part is removed from service.
    (6) Any other method approved by the Administrator.
    (c) Each person who removes a life-limited part from segregation as 
identified in paragraph (b)(1) of this section, other than for 
immediate installation on a type-certificated product, must ensure that 
the part is controlled using one of the methods in paragraphs (b)(2) 
through (6).

PART 45--IDENTIFICATION AND REGISTRATION MARKING

    4. The authority citation for part 45 is amended to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104, 46304, 46306, 47122.
    5. Revise Sec. 45.14 to read as follows:


Sec. 45.14  Identification and disposition of critical components

    Each person who produces a part for which a replacement time, 
inspection interval, or related procedure is specified in the 
Airworthiness Limitations section of a manufacturer's maintenance 
manual or Instructions for Continued Airworthiness must permanently and 
legibly mark that component with a part number (or equivalent) and a 
serial number (or equivalent). When requested by a person required to 
comply with Sec. 43.10 of this chapter, each person who produces a 
life-limited part must provide detailed marking instructions, or must 
state that the part cannot practicably be marked without compromising 
its integrity.

    Issued in Washington, DC, on September 26, 2000.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 00-25045 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>