Volume 12 INTERNATIONAL AVIATION
chapter 3
PART 129 OPERATIONS: FOREIGN OPERATORS OF U.S.‑REGISTERED
AIRCRAFT ENGAGED IN COMMON CARRIAGE
Section 2 Evaluate/Approve
a Maintenance Program and a Minimum Equipment List for U.S.‑Registered
Aircraft Under
Part 129
12-409 PROGRAM
TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.
A.
Maintenance. 3302, 3303, 3312, 3313.
B.
Avionics. 5302, 5303, 5312, 5313.
12-410 OBJECTIVE.
This section provides information and guidance to be used by the assigned
aviation safety inspector (ASI) in evaluating and approving a maintenance
program and a minimum equipment list (MEL) for United States (U.S.)‑registered
aircraft under Title 14 of the Code of Federal Regulations (14 CFR)
part 129, § 129.14.
12-411 GENERAL.
A.
Definitions.
1)
Assigned ASI. The Federal Aviation Administration (FAA) inspector
assigned compliance responsibility for maintenance programs approved under § 129.14.
2)
Expository Manual. A manual (existing or new) or a chapter, section, or appendix
of an existing manual that describes the maintenance program under
part 129
and the individual aircraft maintenance program. This description documents the
programs to show compliance with the regulations and to show the scope of the
FAA approval.
B. Applicable
Operations. Operations of U.S.‑registered aircraft operated in common
carriage by a foreign air carrier or foreign person within the United States or
solely outside the United States is subject to the MEL and maintenance program
requirements found in § 129.14. This includes arrangements in which a
manufacturer supplies an interim delivery U.S.‑registered aircraft.
12-412 MAINTENANCE
PROGRAM REQUIREMENTS. The operator, using an FAA‑approved maintenance
program will ensure U.S.‑registered aircraft will be maintained in an
airworthy condition. Refer to
Advisory Circular (AC) 129–4, Maintenance
Programs for U.S.‑Registered Aircraft Under 14 CFR
Part 129,
for guidance on what an acceptable maintenance program consists of, and for a
complete discussion of how the requirements of International Civil Aviation
Organization (ICAO) Annex 6 apply to U.S.‑registered aircraft
operating under
part 129. The ICAO standards are adopted as the basis for
the FAA‑approved maintenance programs. This applies to all operators,
including those operators who may not be ICAO members. The maintenance program
must also meet the minimum requirements of the regulations.
A. Identifying
the Relevant Section. Section 129.14(a) establishes the requirements
for approved maintenance and administration functions, while 14 CFR
part 43 provides the performance standards for the maintenance function.
B. Approving
the Maintenance Program. The evaluation of the aircraft maintenance
programs, when practicable, should be a joint maintenance and avionics effort.
1)
The operator’s manual system may consist of two parts that will require specific
approval. The first part describes the maintenance program that falls under
part 129 and that meets the standards specified by ICAO Annex 6
concerning the operator’s maintenance organization, administration, and control
procedures as they apply to maintenance of U.S.‑registered aircraft. The
second part describes the aircraft program for each make and model of U.S.‑registered
aircraft operated by a
part 129 operator.
2)
Those parts of the operator’s manual system that prescribe the
maintenance programs must be identified in order to support the approval
document. This is one of the most complex areas in the maintenance program
approval process. The ASI’s literature may vary greatly according to the size
of the operator. Therefore, choice of what material must be included or
referenced as the approved program will have to be resolved on a case‑by‑case
basis for each operator.
a)
If the operator’s manuals are written or arranged in such a manner that
the pertinent parts cannot be readily separated, the operator’s entire manual
system may be referenced in the approval document. In other cases, the operator
may have a single manual, sometimes approved by the Foreign Civil Aviation
Authority (FCAA), that identifies all of the essential elements, but references
other supportive manuals; or the operator’s manual system may be arranged in
such a way that specific chapters may be extracted and identified individually.
b)
The ASI should require the operator to develop additional procedures to
support the ICAO standards or to meet unique regulation requirements if these
are missing from the operator’s existing program. Therefore, the “expository
manual” must be determined at the assigned ASI’s discretion based on the
circumstances that are found. This determination must also take into
consideration the method of revision control that will be employed to keep the
approved programs current.
3)
The operator’s mechanism for adjustment of aircraft maintenance programs
will require thorough analysis. Its application to U.S.‑registered
aircraft must be well defined in the operator’s program.
AC 129–4 does not
require a separate approved reliability document. If the operator uses
reliability control to adjust its maintenance program, the system should be
described in its manual with pertinent pages identified as part of the
approved program. It is imperative that the approved program ensures FAA access
to reliability (and/or analytical) data to facilitate FAA surveillance.
4)
The operator’s expository manual may reference other approved documents
that address specific tasks (e.g., an engine manufacturer’s manual). The
expository manual and significant referenced material that make up the approved
program (under
part 129) must be written in the English language.
Secondary material can be in the local language if interpretation is available.
C.
Revision Control.
1)
The assigned ASI and the foreign operator must agree on a system of
revision control. This system of revision control must be part of the
maintenance program document.
2)
Any operator changes to the approved maintenance program must be
approved. However, if the revisions are approved by the operator’s FCAA, which
abides by the rules of ICAO, and the revisions are not contrary to the
regulations, then the assigned ASI may choose to accept the maintenance program
revision on that approval basis.
3)
Some changes will require prior FAA approval regardless of whether the
FCAA approves them. Since this is an area of ASI’s judgment, there cannot be a
list of rules.
a)
Items that need prior FAA approval must be decided on a case‑by‑case
basis. The following are some examples:
1.
AC 129–4 provides that “A,” “B,” “C,” and “D” check
intervals as well as any changes to their content should require prior
approval.
2.
The assigned ASI may determine that other significant or basic
elements of the operator’s aircraft maintenance program cannot be revised
without prior approval.
3.
Prior approval may also be required for changes to basic elements
within the
part 129 maintenance administration program.
4.
Some operators may have a reliability program that permits
adjustment to their aircraft maintenance program without further approval from
their FCAA. Any revision to the operator’s manual that changes the
administrative procedures controlling this type of program should require prior
approval. Conversely, if the FCAA directly approves each change to the operator’s
aircraft maintenance program that is generated by the operator’s reliability
program, changes to the administrative procedures don’t require prior FAA
approval.
b)
There may be several similar examples; in any event, the ASI should
coordinate with the FCAA.
4)
The maintenance program should establish a timeframe within which to
notify the FAA of any revision to the approved program. A copy of the revision
must be sent to the FAA office responsible for maintaining the maintenance
program.
D.
Standards for Recordkeeping.
1)
Maintenance records requirements are governed by ICAO Annex 6, Part 1,
and should be included in the maintenance program under
part 129. The
maintenance records requirements of 14 CFR
part 91, §§ 91.417
and 91.419 were negated by Amendment 91–201, and ICAO Standard 8.4
now governs the
part 129 operator’s records requirements.
2)
To meet the requirements of
part 43 and
part 129, § 129.14,
maintenance logbook entries and corrective actions must be made in the English
language.
E. Aircraft
Maintenance. The aircraft must be maintained by persons authorized under § 43.3.
Note:
Section 43.13
is amended to accept the methods, procedures, and practices prescribed by a
maintenance program approved under
part 129. This allows for the
Maintenance Release certification stated in ICAO Annex 6 Standard 8.8.
F. Program
Adoption. A previously approved aircraft maintenance program adoption
follows the guidelines found in
AC 129–4, as applicable.
12-413 OBTAINING
MEL APPROVAL. Each foreign air carrier may obtain approval for an MEL under
§ 129.14. MELs are approved by Operations Specifications (OpSpecs).
A. Each
foreign operator may develop its own MEL based on the Master Minimum Equipment
List (MMEL) approved by the FAA for the specific aircraft type.
B. In
seeking approval of an MEL, the foreign operator must show that the procedures
in its maintenance program are adequate to support the use of its MEL.
C. A
foreign operator leasing a U.S.‑registered aircraft from a U.S. air carrier may opt to use an approved MEL in accordance with the U.S. air carrier’s approved
MEL, subject to FAA approval of each arrangement.
12-414 MAINTENANCE
PROGRAM AND MEL APPROVALS.
A. The
responsibility for approving maintenance programs and MELs for U.S.‑registered
aircraft is delegated to certain regions and specific offices. Any office,
other than the assigned International Field Office (IFO), receiving an
application from a foreign air carrier must forward it to the appropriate
regional office.
B. The
operator’s FCAA should be encouraged to participate in the maintenance program
approval process. A written concurrence with the FAA approval should be
requested to ensure the FCAA understands and does not object to the maintenance
program as approved by the FAA.
12-415 COORDINATION
REQUIREMENTS. This task requires coordination between Airworthiness and
Operations ASIs and may require coordination with the regional office and/or
the appropriate FCAA and U.S. Embassy, as required.
12-416 REFERENCES,
FORMS, AND JOB AIDS.
A.
References.
·
14 CFR
parts 21,
91, and 145,
·
AC 129–4, Maintenance Programs for U.S.‑Registered
Aircraft Under 14 CFR
part 129,
·
Section 1 of this chapter and
Volume 2, Chapter 11,
Section 3, and
·
ICAO, Annex 6, Part 1.
B.
Forms. None.
C.
Job Aids. JTAs: 3.3.99, 3.3.100.
12-417 PROCEDURES.
A. Receive
the Application Letter. Applications for foreign air carrier OpSpecs must
be made in letter form. Ensure the application includes the following documents
for each leased U.S.‑registered aircraft operated by the applicant:
·
Registration markings as required by
part 45;
·
The lease agreement or a written memorandum of the terms thereof
signed by both parties, if applicable;
·
A proposed MEL tailored to the applicant’s operations and based
on the FAA‑approved MMEL, if applicable;
·
A maintenance program that satisfies the requirements of § 129.14;
·
Application for special purpose flight airman certificates, if
applicable; and
·
Letter of compliance to ICAO Annex 6, Part 1,
Chapters 8 and 11 for transport aircraft and ICAO Annex 6, Part 3,
Chapters 6 and 9 for helicopters.
B. Verify
the Approval of OpSpecs. Ensure that the OpSpecs have been approved by an
Operations ASI before proceeding with approval of the maintenance program for
foreign air carriers with operations to the United States. For foreign air
carriers (or persons) that do not operate to the United States, obtain evidence
that the applicant has been issued an Air Operator Certificate (AOC) by the
State of the operator or is in the process of obtaining an AOC.
C.
Evaluate the Maintenance Program.
1)
Determine which of the operator’s manuals or portions of them (pages,
sections, and chapters) require specific FAA approval.
2)
Ensure that all applicable items found in
AC 129–4,
paragraphs 7 through 16, are included in the operator’s maintenance
program.
3)
Ensure that the requirement of ICAO Annex 6, Part 1,
Chapters 8 and 11 are included in the operator’s maintenance program
for transport aircraft operations, or ICAO Annex 6, Part 3,
Chapters 6 and 9 for helicopter operations.
4)
Ensure that the operator has incorporated any applicable and current FAA
Handbook Bulletin requirements.
D. Evaluate
the MEL. If an operator applies for an MEL, ensure that an MMEL exists for
that aircraft.
1)
Ensure that the operator’s MEL is not less restrictive than the MMEL.
2)
Ensure that the operator has included a MEL management program in the
MEL or maintenance program.
E. Evaluate
a U.S. Operator’s Aircraft Maintenance Program and MEL for Use by a Foreign
Operator. For leased aircraft maintained under an adopted maintenance
program and an adopted MEL, ensure the following:
·
The foreign operator is capable of meeting the requirements of
the lessor’s adopted maintenance program; and
·
The foreign operator is capable of meeting the maintenance and
operational requirements of the lessor’s MEL.
F. Inform
the Operator of Notification Requirements. Instruct the operator to send
notification of any changes or revisions to its maintenance program to the FAA
office with responsibility for the maintenance program.
G. Evaluate
Revisions to an Approved Maintenance Program. Evaluate revisions to
the maintenance program as in the original approval. All revisions will be
approved in accordance with procedures provided in the maintenance program.
12-418 TASK
OUTCOMES.
A.
Complete PTRS.
B.
Complete the Task. Completion of this task will result
in one of the following:
1)
Approval of the Application. If the applicant meets the operating and
maintenance requirements of
parts 43,
91, and 129, accomplish the
following, as applicable:
a)
Issue OpSpecs for maintenance program approval.
b)
Coordinate with the principal operations inspector to confirm issuance
of MEL OpSpecs.
2) Disapproval
of the Application. Accomplish the following:
a)
Inform the applicant in writing of any deficiencies or omissions
requiring corrective actions.
b)
If deficiencies cannot be satisfactorily resolved, terminate the
application process and return the application and associated data to the
applicant with a letter describing the reasons for the termination.
3)
Document Task. File any supporting paperwork in the operator’s office
file.
12-419 FUTURE
ACTIVITIES. Normal surveillance.
RESERVED. Paragraphs 12–420 through 12–434.