[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Rules and Regulations]
[Pages 7346-7348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-704]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 121 and 135

[Docket No. FAA-2002-6717; Amendment Nos. 1-55, 121-329, 135-108]
RIN 2120-AI03


Extended Operations (ETOPS) of Multi-Engine Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration is correcting a final rule 
published in the Federal Register on January 16, 2007 (72 FR 1808). 
That final rule applied to air carrier (part 121), commuter, and on-
demand (part 135) turbine powered multi-engine airplanes used in 
passenger-carrying, and some all-cargo, extended-range operations. This 
amendment corrects the rule language applicable to dual maintenance and 
formatting of a Part 1 definition and section of Appendix G. None of 
these changes is substantive, but will clarify the FAA's intent of the 
final rule for the public.

DATES: These amendments become effective February 15, 2007.

FOR FURTHER INFORMATION CONTACT: For technical information on 
operational issues, contact Robert Reich, Flight

[[Page 7347]]

Standards Service, Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC 20591; telephone (202) 267-8166; facsimile 
(202) 267-5229; e-mail <a href="/cdn-cgi/l/email-protection#da88b5b8bfa8aef488bfb3b9b29abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="3d6f525f584f49136f58545e557d5b5c5c135a524b">[email protected]</span></a>. For technical information 
on certification issues, contact Steve Clark, Transport Airplane 
Directorate, ANM-140S, 1601 Lind Ave., Renton, WA 98055; telephone 
(425) 917-6496; facsimile (425) 917-6590; e-mail 
<a href="/cdn-cgi/l/email-protection#82d1f6e7f4e7ecacd2acc1eee3f0e9c2c4c3c3ace5edf4"><span class="__cf_email__" data-cfemail="184b6c7d6e7d763648365b74796a73585e5959367f776e">[email protected]</span></a>. For legal information, contact Bruce 
Glendening, Office of the Chief Counsel, Division of Regulations, 
Federal Aviation Administration, 800 Independence Avenue, Washington, 
DC 20591; telephone (202) 267-3073; facsimile (202) 267-7971; e-mail 
<a href="/cdn-cgi/l/email-protection#7133030412145f361d141f15141f181f16311710105f161e07"><span class="__cf_email__" data-cfemail="3c7e4e495f59127b50595258595255525b7c5a5d5d125b534a">[email protected]</span></a>.

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

Need for the Correction

    Following publication of the final rule, it was brought to the 
attention of the FAA that the original intent of the concept of ``dual 
maintenance'' in the final rule did not codify existing FAA ETOPS 
guidance as published in the notice of proposed rulemaking. This 
amendment clarifies that language in 14 CFR 121.374.
    The concept of ``dual maintenance'' was set out in the preamble to 
the NPRM:
``(2) Dual Maintenance
    Dual maintenance is a concept relating to repetition of maintenance 
errors on redundant systems. There have been instances of a single 
mechanic repeating a maintenance error on multiple systems. An example 
of dual maintenance error is failing to install o-rings on engine oil 
or fuel components on multiple engines. Establishing procedures to 
avoid dual maintenance can minimize the probability of such errors. The 
use of two or more mechanics reduces the risk of this type of error. 
Routine tasks on multiple similar elements, such as oil and fuel filter 
changes, should never be scheduled and assigned on the same maintenance 
visit.
    However, the FAA is aware that under some limited circumstances, 
dual maintenance may be unavoidable. For instance, a pilot's report of 
a discrepancy on an ETOPS significant system may require maintenance on 
one engine at the same time as a scheduled maintenance event for the 
other engine. In such cases, the certificate holder must establish and 
follow procedures to mitigate the risk of a common cause human error.''
    The final rule, however, would appear to go beyond this concept and 
prohibit the maintenance of more than one ETOPS Significant System 
during a single maintenance visit. In the final rule, 14 CFR 121.374 
(c) read:
    ``(c) Limitations on dual maintenance.
    (1) Except as specified in paragraph (c)(2), the certificate holder 
may not perform scheduled or unscheduled maintenance during the same 
maintenance visit on more than one ETOPS Significant System listed in 
the ETOPS maintenance document, if the improper maintenance could 
result in the failure of an ETOPS Significant System.
    (2) In the event an unforeseen circumstance prevents the 
certificate holder from complying with paragraph (c)(1) of this 
section, the certificate holder may perform maintenance on more than 
one ETOPS Significant System provided:
    (i) The maintenance action on each ETOPS Significant System is 
performed by a different technician, or
    (ii) The maintenance action on each ETOPS Significant System is 
performed by the same technician under the direct supervision of a 
second qualified individual; and
    (iii) For either paragraph (c)(2)(i) or (ii) of this section, a 
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant 
to paragraph (d) of this section.''
    As written, a certificate holder would be forced to schedule a 
separate maintenance visit for each ETOPS significant system; moreover, 
scheduled maintenance would not qualify as an ``unforeseen 
circumstance'' in paragraph (2). The FAA finds that the intent of dual 
maintenance is clarified by writing 14 CFR 121.374 (c) as:
    ``(c) Limitations on dual maintenance.
    (1) Except as specified in paragraph (c)(2), the certificate holder 
may not perform scheduled or unscheduled dual maintenance during the 
same maintenance visit on the same or a substantially similar ETOPS 
Significant System listed in the ETOPS maintenance document, if the 
improper maintenance could result in the failure of an ETOPS 
Significant System.
    (2) In the event dual maintenance as defined in paragraph (c)(1) of 
this section can not be avoided, the certificate holder may perform 
maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant 
System is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct supervision 
of a second qualified individual; and
    (iii) For either paragraph (c)(2)(i) or (ii) of this section, a 
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant 
to paragraph (d) of this section.''
    Additionally, in Part 1, Definitions, the FAA corrects the 
definition of Extended operation (ETOPS) to add commas to avoid 
misinterpretation. Also, we correct the numbering of section G135.2.7 
in Appendix G in Part 135.

Corrections

    Part 1--Commas inserted in the definition of ETOPS in section 1.1 
to avoid misinterpretation.
    Part 121--Section 121.374 (c) is re-written to clarify restrictions 
on dual maintenance.
    Part 135--Section G135.2.7 is re-numbered correctly.

List of Subjects

14 CFR Parts 1 and 121

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

14 CFR Part 135

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

The Amendment

0
Accordingly, the Federal Aviation Administration amends 14 CFR parts 1, 
121, and 135 as follows:

[[Page 7348]]

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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


0
2. In Sec.  1.1, revise the following definition, in alphabetical 
order, to read as follows:


Sec.  1.1  General definitions.

* * * * *
    Extended Operations (ETOPS) means an airplane flight operation, 
other than an all-cargo operation in an airplane with more than two 
engines, during which a portion of the flight is conducted beyond a 
time threshold identified in part 121 or part 135 of this chapter that 
is determined using an approved one-engine-inoperative cruise speed 
under standard atmospheric conditions in still air.
* * * * *

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

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

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


0
4. In Sec.  121.374, revise paragraph (c) to read as follows:
* * * * *
    (c) Limitations on dual maintenance.
    (1) Except as specified in paragraph (c)(2), the certificate holder 
may not perform scheduled or unscheduled dual maintenance during the 
same maintenance visit on the same or a substantially similar ETOPS 
Significant System listed in the ETOPS maintenance document, if the 
improper maintenance could result in the failure of an ETOPS 
Significant System.
    (2) In the event dual maintenance as defined in paragraph (c)(1) of 
this section cannot be avoided, the certificate holder may perform 
maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant 
System is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct supervision 
of a second qualified individual; and
    (iii) For either paragraph (c)(2)(i) or (ii) of this section, a 
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant 
to paragraph (d) of this section.
* * * * *

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

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

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


0
6. In appendix G of part 135, revise section 135.2.7 to read as 
follows:

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

* * * * *
    G135.2.7 Fuel Requirements. No person may dispatch or release 
for flight an ETOPS flight unless, considering wind and other 
weather conditions expected, it has the fuel otherwise required by 
this part and enough fuel to satisfy each of the following 
requirements:
    (a) Fuel to fly to an ETOPS Alternate Airport.
    (1) Fuel to account for rapid decompression and engine failure. 
The airplane must carry the greater of the following amounts of 
fuel:
    (i) Fuel sufficient to fly to an ETOPS Alternate Airport 
assuming a rapid decompression at the most critical point followed 
by descent to a safe altitude in compliance with the oxygen supply 
requirements of Sec.  135.157;
    (ii) Fuel sufficient to fly to an ETOPS Alternate Airport (at 
the one-engine-inoperative cruise speed under standard conditions in 
still air) assuming a rapid decompression and a simultaneous engine 
failure at the most critical point followed by descent to a safe 
altitude in compliance with the oxygen requirements of Sec.  
135.157; or
    (iii) Fuel sufficient to fly to an ETOPS Alternate Airport (at 
the one-engine-inoperative cruise speed under standard conditions in 
still air) assuming an engine failure at the most critical point 
followed by descent to the one engine inoperative cruise altitude.
    (2) Fuel to account for errors in wind forecasting. In 
calculating the amount of fuel required by paragraph G135.2.7(a)(1) 
of this appendix, the certificate holder must increase the actual 
forecast wind speed by 5% (resulting in an increase in headwind or a 
decrease in tailwind) to account for any potential errors in wind 
forecasting. If a certificate holder is not using the actual 
forecast wind based on a wind model accepted by the FAA, the 
airplane must carry additional fuel equal to 5% of the fuel required 
by paragraph G135.2.7(a) of this appendix, as reserve fuel to allow 
for errors in wind data.
    (3) Fuel to account for icing. In calculating the amount of fuel 
required by paragraph G135.2.7(a)(1) of this appendix, (after 
completing the wind calculation in G135.2.7(a)(2) of this appendix), 
the certificate holder must ensure that the airplane carries the 
greater of the following amounts of fuel in anticipation of possible 
icing during the diversion:
    (i) Fuel that would be burned as a result of airframe icing 
during 10 percent of the time icing is forecast (including the fuel 
used by engine and wing anti-ice during this period).
    (ii) Fuel that would be used for engine anti-ice, and if 
appropriate wing anti-ice, for the entire time during which icing is 
forecast.
    (4) Fuel to account for engine deterioration. In calculating the 
amount of fuel required by paragraph G135.2.7(a)(1) of this appendix 
(after completing the wind calculation in paragraph G135.2.7(a)(2) 
of this appendix), the certificate holder must ensure the airplane 
also carries fuel equal to 5% of the fuel specified above, to 
account for deterioration in cruise fuel burn performance unless the 
certificate holder has a program to monitor airplane in-service 
deterioration to cruise fuel burn performance.
    (b) Fuel to account for holding, approach, and landing. In 
addition to the fuel required by paragraph G135.2.7 (a) of this 
appendix, the airplane must carry fuel sufficient to hold at 1500 
feet above field elevation for 15 minutes upon reaching the ETOPS 
Alternate Airport and then conduct an instrument approach and land.
    (c) Fuel to account for APU use. If an APU is a required power 
source, the certificate holder must account for its fuel consumption 
during the appropriate phases of flight.
* * * * *

    Issued in Washington, DC on February 9, 2007.
Rebecca MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 07-704 Filed 2-12-07; 3:52 pm]
BILLING CODE 4910-13-P


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