[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86976-86977]
[FR Doc No: 2020-28915]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2020-77]

Petition for Exemption; Summary of Petition Received; General
Atomics Aeronautical Systems, Incorporated

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

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before January 21, 2021.

ADDRESSES: Send comments identified by docket number FAA-2020-0984
using any of the following methods:
     Federal eRulemaking Portal: Go to http://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<PHONE_NUMBER>.
    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 http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://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 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Nia Daniels,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 21, 2020.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2020-0984.
    Petitioner: General Atomics Aeronautical Systems, Incorporated.
    Section(s) of 14 CFR Affected: Sec.  91.109(a).
    Description of Relief Sought: General Atomics Aeronautical Systems,
Incorporated seeks relief from Title 14 Code of Federal Regulations (14
CFR) Sec.  91.109(a), which requires civil aircraft used for flight
instruction to have dual fight controls. The petitioner requests to
conduct customer crew training of individuals that have not been issued
an FAA pilot certificate under part 61, when operating, at or above
2,500 feet above ground level (AGL), a company-owned unmanned aircraft
systems (UAS) issued a Special Airworthiness Certificate--Experimental
Category (SAC-EC).

[FR Doc. 2020-28915 Filed 12-30-20; 8:45 am]
BILLING CODE 4910-13-P


(2) Additionally, as allowed by § 21.21(b)(1), the in-service
experience requirements of paragraph (a)(1) of Section II of this
appendix may be reduced to some level other than 15,000 engine hours
provided compensating factors that provide an equivalent level of safety
are provided.

Section III – Airplanes with more than two engines

An applicant for an airplane with more than two engines must use one of
the methods described in the following paragraphs (a), (b) or (c) of
Section III of this appendix to certify the airplane for Extended
Operations.

(a) Service experience method.  The applicant must demonstrate that the
airplane and engine combination for which approval is sought has the
required airplane and propulsion system capability to safely conduct an
ETOPS mission and maximum diversion and has achieved required airplane
system reliability based upon fleet in-service experience.

(1) Required service experience.  After accumulating 250,000 worldwide
fleet engine hours on the airplane and engine combination for which
approval is sought, the applicant must perform a reliability review.
The number of hours may be reduced if adequate compensating factors are
identified which give a reasonable equivalent database.  Where
experience on another airplane is applicable, a significant portion of
the 250,000 hours must be obtained on the candidate airplane.

(2) Airplane systems assessment.  Airplane systems must comply with the
requirements of §25.1535(a) using available in-service reliability data
for ETOPS significant systems. All causes or potential causes of ETOPS
significant system failures occurring in service must have corrective
actions that are shown to be effective in preventing future occurrences.

(3) Airplane flight test requirements.  The applicant must conduct a
flight test to validate the adequacy of the airplane’s flying
qualities, performance and the flight crew’s ability to deal with
engine inoperative and non-normal worst case system failure conditions
expected to occur in service.

(b) Early ETOPS method.

(1) Maintenance and operational procedures.  The applicant must validate
all ETOPS Significant Systems maintenance and operational procedures.
The applicant must track and resolve any problems found as a result of
the validation through the Problem Tracking and Resolution System
required by paragraph (b)(5) of Section III of this appendix.

(2) New technology demonstration testing.  The applicant must conduct
testing to substantiate the suitability of any technology new to the
applicant, including substantially new manufacturing techniques.

(3) APU validation test.  If utilizing an APU in order to meet the
requirements of paragraph (a)(2) of section I of this appendix, one APU
of the type to certificated with the airplane must complete a test
consisting of 3,000 equivalent airplane operational cycles.  Following
completion of the demonstration test, the APU must be disassembled and
inspected.  Any potential sources of in-flight start problems or run
problems or both must be identified, tracked and resolved in accordance
with paragraph (b)(5) of Section III of this appendix.

(4) Airplane demonstration test.  For each airplane and engine
combination to be certificated, the applicant must conduct
flight-testing with one or more airplanes to demonstrate that the
aircraft, its components and equipment are capable of and function
properly during ETOPS and ETOPS diversions.  This flight-testing may be
coordinated with, but is not in place of flight-testing required for
compliance to § 21.35(b)(2).

(i) The flight test program must include:

(A) Flights simulating actual ETOPS operation including normal cruise
altitude, step climbs, and APU operations if compliance to paragraph I
(b)(2)of this appendix is necessary.

(B) Demonstration of maximum normal flight duration with maximum
diversion time for which eligibility is sought.

(C) Engine inoperative maximum time diversions to demonstrate the
airplane and propulsion system’s capability to safely conduct an ETOPS
diversion, including a repeat of a maximum continuous thrust (MCT)
diversion on the same engine.

(D) Non-normal conditions to demonstrate the airplane’s capability to
safely conduct an ETOPS diversion under worst case system failure
conditions expected to occur in service.

(E) Diversions into representative operational diversionary airports.

(F) Repeated exposure to humid and inclement weather on the ground
followed by long-range operations at normal cruise altitude.

(ii) The flight testing must validate the adequacy of the airplane’s
flying qualities, performance and flight crew’s ability to deal with
the conditions of paragraphs (b)(4)(i)(C), (b)(4)(i)(D), and
(b)(4)(i)(E) of Section III of this appendix.

(iii) The engine-inoperative diversions must be evenly distributed among
the number of engines in the applicant’s flight test program except as
required by paragraph (b)(4)(i)(C) of Section III of this appendix.

(iv) The test airplane or airplanes must be operated and maintained
using the recommended operations and maintenance manual procedures
during the airplane demonstration test.

(v) At the completion of the airplane or airplanes demonstration
testing, the ETOPS Significant Systems must undergo an airplane visual
inspection per the Instructions for Continued Airworthiness of §
25.1529.  The engines must also undergo a gas path inspection.  These
inspections are intended to identify any abnormal conditions that could
result in an in-flight shutdown or diversion.  The applicant must
identify, track and resolve any abnormal conditions in accordance with
paragraph (b)(5) of Section III of this appendix.

(5) Problem tracking and resolution system.  The applicant must
establish a problem tracking and resolution system to address problems,
as identified in § 21.4(a)(5), encountered on the ETOPS Significant
Systems during airplane and engine testing that could affect the safety
of ETOPS operations.  If the airplane or engine type certificated is a
derivative of a previously certificated airplane or engine the criteria
of § 21.4(a)(4) may apply.

(i) The system must contain a means for prompt identification of
problems that could impact the safety of ETOPS operations.

(ii) The system must contain the process for the timely notification to
the responsible FAA office of all relevant problems encountered, and
corrective actions deemed necessary, in a manner that allows for
appropriate FAA review of all planned corrective actions.

(iii) The system must be in effect during the phases of airplane and
engine development that will be used to assess early ETOPS eligibility.

(iv) Upon type certification, the problem tracking and resolution system
will revert to the requirements of § 21.4.

(6) Reliability demonstration acceptance criteria.  For ETOPS
significant systems, the type and frequency of failures that occur
during the airplane flight test program and the airplane demonstration
test required by paragraph (b)(4) of this section must be consistent
with the type and frequency of failures or malfunctions that would be
expected to occur on presently certified ETOPS airplanes, or any
non-ETOPS derivative models of those aircraft or engines.

(c) Combined service experience and early ETOPS method.

(1) The in-service experience requirements of paragraph (a)(1) of
Section III of this appendix may be reduced to 15,000 engine hours
provided compliance to paragraphs (a)(3), (b)(1), (b)(2), (b)(3),
(b)(5), and (b)(6) of Section III of this appendix have been met.

(2) Additionally, as allowed by § 21.21(b)(1), the in-service
experience requirements of paragraph (a)(1) of Section III of this
appendix may be reduced to some level other than 15,000 engine hours
provided compensating factors that provide an equivalent level of safety
are provided.

PART 33 -- ENGINE CERTIFICATION

9. The authority citation for part 33 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44702- 44704.

10.  Amend § 33.71 by revising paragraph (c)(4) to read as follows:

§ 33.71 Lubrication system.

*     *     *     *     *

(c) *   *   *

(4) Each oil tank cap must provide an oil-tight seal.  For applicants
seeking type design eligibility for engines to be installed in an
Extended Operations (ETOPS) airplane in accordance with § 25.1535, the
oil tank must be designed to prevent a hazardous quantity of oil loss
due to oil tank cap installation errors.

*     *     *     *     *

11. Revise § 33.90 to read as follows:

§ 33.90 Initial maintenance inspection test.

Each engine, except engines being type certificated through amendment of
an existing type certificate or through supplemental type certification
procedures, must complete one of the following tests on an engine that
substantially conforms to the final type design to establish when the
initial maintenance inspection is required:

(a) An approved engine test that simulates the conditions in which the
engine is expected to operate in service, including typical start-stop
cycles.

(b) An approved engine test in accordance with §§ 33.200(c) and
33.200(f) of this part.

12. Add subpart G of part 33 to read as follows:

SUBPART G – SPECIAL REQUIREMENTS: TURBINE AIRCRAFT ENGINES

  HYPERLINK  \l "P33_200EquivalentVibrationLevel"  § 33.200 Early
extended operations (ETOPS) eligibility and test requirements

Each applicant seeking engine type design eligibility for an engine to
be installed in a twin-engine ETOPS airplane that does not have the
service experience required by 14 CFR part 25, Appendix L, section II,
paragraph (a) must comply with the following:

(a) The engine must be designed using a design quality process
acceptable to the Administrator, which assures that design features of
the engine minimize the occurrence of failures, malfunctions, or
maintenance errors that could result in loss of thrust control,
in-flight shutdown, or other power loss.

(b) The design features of the engine must address problems that have
been shown to result in loss of thrust control, in-flight shutdown, or
other power loss, when compared to the applicant’s other relevant type
design approvals received within the past ten years, providing that
adequate service data is available within that ten year period.
Applicants without applicable engine service experience may show
equivalent experience and equivalent knowledge of problem mitigating
design practices to that gained from actual service experience in a
manner acceptable to the Administrator.

(c) The following test must be conducted on an engine that substantially
conforms to the type design and in accordance with an approved test plan
that consists of:

(1) Simulated ETOPS Mission Cyclic Endurance. The test must include a
minimum of 3,000 representative service start-stop mission cycles
(take-off, climb, cruise, descent, approach, landing and thrust
reverse), plus three simulated diversion cycles at maximum continuous
thrust for the maximum diversion time for which ETOPS eligibility is
sought.  The diversions are to be approximately evenly distributed over
the cyclic duration of the test, with the last diversion to be conducted
within 100 cycles of the completion of the test.

(2) Unbalance and Vibration Endurance.  (i) The simulated ETOPS mission
cyclic endurance test required by § 33.200(c)(1) must be performed with
the high speed and low speed main engine rotors independently unbalanced
to obtain a minimum of 90 percent of the recommended field service
maintenance vibration levels. In addition to the specified unbalance for
the low and high-speed rotors, for engines with three main engine
rotors, the intermediate speed rotor must also be independently
unbalanced to obtain a minimum of 90 percent of the recommended
production acceptance vibration level.  The vibration level must be
defined as the peak level seen during a slow acceleration and
deceleration of the engine across the operating speed range.

(ii) Each 60 rpm incremental step of the typical high-speed rotor
start-stop mission cycle speed range (take-off, climb, cruise, descent,
approach, landing and thrust reverse) must be subjected to a minimum of
three million vibration cycles during the cyclic endurance test.  The
test may be conducted using any rotor speed step increment up to 200 rpm
provided that the typical service start-stop cycle speed range is
covered. For a 200 rpm step the corresponding vibration cycle count is
to be ten million cycles.

(iii) Each 60 rpm incremental step of the high-speed rotor approved
operational speed range between minimum flight idle and cruise power,
and not covered by § 33.200(c)(2)(ii), must be subjected to a minimum
of 300,000 vibration cycles during the cyclic endurance test.  The test
may be conducted using any rotor speed step increment up to 200 rpm
provided that the applicable speed range is covered.  For a 200 rpm
step the corresponding vibration cycle count is to be 1 million cycles.

(iv) Vibration surveys will be conducted at periodic intervals
throughout the cyclic endurance test.  The equivalent value of the peak
vibration level observed during the surveys must meet the minimum
vibration requirement of § 33.200(c)(2)(i).

(v) An alternate vibration test that provides an equivalent
demonstration of the unbalance and vibration endurance test specified in
paragraphs §§ 33.200(c)(2)(i) through 33.200(c)(2)(iv) may be approved
by the Administrator.

(d) Prior to the testing required by § 33.200(c), the test engine must
be subjected to a calibration run to document power and thrust
characteristics.

(e) At the conclusion of the testing required by § 33.200(c), the test
engine must:

(1) Be subjected to a calibration test at sea-level conditions; and any
change in thrust characteristics must be within certified limits.

(2) Be visually inspected in accordance with the on-wing inspection
recommendations and limits contained in the Instructions for Continued
Airworthiness submitted in support of § 33.4.

(3) Be completely disassembled and:

(i) The engine hardware must be inspected:

(A) In accordance with the applicable inspection recommendations and
limits contained in the Instructions for Continued Airworthiness
submitted in support of § 33.4;

(B) With consideration of the causes of loss of thrust control,
in-flight shutdown or other power losses identified by § 33.200(b); and

(C) In a manner to identify wear or distress conditions which could
result in loss of thrust control, in-flight shutdown, or other power
loss, and which are not specifically identified by § 33.200(b) or
addressed within the current Instructions for Continued Airworthiness.

(ii) The engine hardware must not show distress to the extent that could
result in loss of thrust control, in-flight shutdown, or other power
loss within a period of operation before the component, assembly or
system would likely have been inspected or functionally tested for
integrity while in service.  Such hardware distress must have corrective
action implemented by way of design changes, maintenance instructions or
operational procedures before ETOPS eligibility is granted.

(iii) The type and frequency of hardware distress that occurs during the
engine test must be consistent with the type and frequency of hardware
distress that would be expected to occur on ETOPS eligible engines, or
any non-ETOPS derivative engines of this type.  Additional analysis
and/or tests may be required to satisfy this requirement.

(f) The 3,000 cycle simulated ETOPS mission cyclic endurance test
required by § 33.200(c) may be used to show compliance with §§ 33.90
and 33.90(b).  After completing the full number of test cycles required
for an initial maintenance inspection test conducted in accordance with
§ 33.90(a), the 3,000 cycle simulated ETOPS mission cyclic endurance
test may be interrupted so that the engine may be inspected by an
on-wing or other method and criteria acceptable to the Administrator.
Following the § 33.90(b) inspection, the ETOPS test must be resumed to
complete the requirements of § 33.200.

13. Add paragraph A33.3(c) to Appendix A to read as follows:

Appendix A to Part 33 – Instructions for Continued Airworthiness

*   *   *   *   *

A33.3 Content

*   *   *   *   *

 (c) Extended Operations (ETOPS) Requirements.  For engines to be
installed in ETOPS airplanes, procedures for engine condition monitoring
must be included within the Instructions for Continued Airworthiness.
The engine condition monitoring procedures must be able to determine
prior to flight, whether an engine is capable of providing, within
certified engine operating limits, the maximum power or thrust, bleed
air and power extraction required for the desired engine inoperative
diversion.  For engines to be installed on twin-engine ETOPS airplanes,
the engine condition monitoring procedures must be validated before
ETOPS eligibility is granted.

PART 121 -- AIR CARRIER OPERATIONS

14. 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, 46105.

15. Add § 121.7 to read as follows:

§ 121.7 Definitions and designations.

The following definitions apply to those sections of part 121 that apply
to ETOPS:

Adequate Airport means an airport that:

(1) The Administrator determines satisfies safety requirements of part
139, subpart D, excluding aircraft rescue and fire fighting service, or

(2) Meets the landing performance requirements of § 121.197, or

(3) Is a military airport that is active and operational, and meets the
landing performance requirements of § 121.197.

ETOPS alternate means an adequate airport listed in the certificate
holder’s operations specifications that meets the requirements of
§121.624 and the Rescue and Fire Fighting (RFF) requirements of
§121.106 designated in a dispatch/flight release.  This definition
applies to flight planning and does not in any way limit the discretion
of the pilot in command during flight.

ETOPS area of operation means (1) ETOPS area of operation means for
turbine engine powered airplanes with two engines, an area beyond 60
minutes from an adequate airport, or with more than two engines, an area
beyond 180 minutes from an adequate airport, and within the authorized
ETOPS maximum diversion time approved for the operation being conducted
or an area designated by the Administrator as an area of ETOPS
applicability.  An ETOPS area of operation is calculated at a one-engine
inoperative cruise speed (approved) under standard conditions in still
air.

(2) The Administrator designates the following areas as ETOPS areas in
which the planning, operational, and equipage requirements for ETOPS
apply:

(i) NOPAC: The North Pacific Air Traffic Service routes and adjacent
airspace between Anchorage and Tokyo Flight Information Region.

(ii) North Pacific: The Pacific Ocean areas north of 40oN latitudes
including NOPAC ATS routes, and published PACOTS (Pacific organized
track system) tracks between Japan and North America.

(iii) Polar areas - North Pole: The entire area north of 78º N
latitude.

(iv)  Polar areas -South Pole: The entire area south of 60º S latitude.

ETOPS dual maintenance means maintenance actions performed on the same
element of identical, but separate ETOPS maintenance significant
systems, during the same routine or non-routine visit.  This is to
recognize and preclude common cause human failure modes without proper
verification process or operation test prior to ETOPS.

(1) For turbine engine powered airplanes with two engines - A
maintenance action performed on the same element of identical but
separate ETOPS significant systems during the same routine or
non-routine visit.

(2) For turbine engine powered airplanes with more than two engines - A
maintenance action performed on the same element of identical but
separate ETOPS significant systems on 2 engines of a 3 engine aircraft,
or more than 1 engine per side of a 4 engine aircraft during the same
routine or non-routine visit.

ETOPS entry point means, for turbine engine powered airplanes, the first
point on the route of an authorized flight which is more than 60 minutes
from an adequate airport for airplanes with two engines, or 180 minutes
from an adequate airport for airplanes with more than two engines, or a
point designated as an entry point in an area designated by the
Administrator as an area of ETOPS applicability.  The ETOPS entry point
is calculated at a one-engine inoperative cruise speed (approved) under
standard conditions in still air.

ETOPS maintenance significant system means:

(1) A system for which the redundancy characteristics are directly
linked to the number of engines; or

(2) A system that may affect the proper functioning of the engines to
the extent that it could result in an in-flight shutdown or uncommanded
loss of thrust; or

(3) A system that contributes significantly to the safety of a
diversion.

ETOPS qualified personnel means maintenance personnel that have
completed the certificate holder’s ETOPS training program.

Maximum diversion time means for the purposes of ETOPS in part 121 the
diversion time, under standard conditions in still air at the One Engine
Inoperative Cruise Speed (Approved).

One engine inoperative cruise speed  means, for the purposes of those
sections of part 121 applicable to ETOPS, a speed within the certified
operating limits of the airplane, selected by the certificate holder and
approved by the FAA, that is used for calculating fuel reserve
requirements and the still air distance associated with the maximum
approved one engine inoperative diversion distance for the flight.

16. Amend § 121.97 by revising paragraph (b)(1)(ii) to read as follows:

§ 121. 97 Airports: Required data.

* * * * *

(b) * * *

(1) * * *

(ii) Public protection including the availability of facilities at each
airport or in the immediate area sufficient to protect the passengers
and crew from the elements and to see to their welfare.

*     *     *     *     *

17. Amend § 121.99 by adding paragraphs (c) and (d) to read as follows:

§ 121.99 Communications facilities.

*     *     *     *     *

(c) For ETOPS where voice communication facilities are available, voice
communications must be provided.  The certificate holder must consider
potential routes and altitudes necessary for diversion to ETOPS
alternates in determining whether voice communication facilities are
available.  Where voice communication facilities are not available or is
of poor quality, and voice communication is not possible, communications
using alternative systems must be substituted.

(d) For ETOPS beyond 180 minutes the certificate holder must have an
additional communication system that is capable of providing immediate
satellite based voice communications of landline telephone-fidelity.
The system must provide communication capability between the flight crew
and air traffic services and the flight crew and the certificate holder.
 The certificate holder must consider potential routes and altitudes
necessary for diversion to ETOPS alternates in determining whether
immediate, satellite based voice communications are available.  Where
immediate, satellite based voice communications are not available, or
are of poor quality, communications using alternative systems must be
substituted.

18. Add § 121.106 to read as follows:

§ 121.106 ETOPS alternate: Rescue fire fighting service (RFFS).

(a) Except as provided in paragraph (b) of this section, the following
rescue fire fighting service must be available at each airport
designated as an ETOPS alternate listed in a dispatch or flight release.

(1) For ETOPS up to 180-minute diversion length, the designated ETOPS
alternates must have rescue fire fighting capability equivalent to that
specified by ICAO Category 4.

(2) For Two-Engine 207-Minute operations the designated ETOPS Alternates
must have rescue fire fighting capability equivalent to that specified
by ICAO Category 4.  In addition, at least one adequate airport within
the 207-minute diversion time must have rescue fire fighting capability
equivalent to that specified by ICAO Category 7.

(3) For all other ETOPS operations beyond 180 minutes, the designated
ETOPS alternates must have rescue fire fighting capability equivalent to
that specified by ICAO Category 7.

(b) If the equipment and personnel required in paragraph (a) are not
immediately available at the airport, the airport may still be listed on
the dispatch or flight release if the required RFFS capability can be
augmented from the local fire fighting assets.  Such equipment and
personnel must be available on arrival of the diverting airplane and
must remain as long as the diverting airplane requires the services.  A
30-minute response time for augmentation by the local fire department is
adequate if the initial notification to respond can be initiated while
the diverting airplane is enroute.

19. Add § 121.122 to read as follows:

§ 121.122 Communications facilities.

(a) Each certificate holder conducting supplemental operations must show
that a two-way radio communication system or other means of
communication approved by the Administrator is available at points that
will ensure reliable and rapid communications, under normal operating
conditions over the entire route, (either direct or via approved
point-to-point circuits) between each airplane and the certificate
holder, and between each airplane and the appropriate air traffic
services, except as specified in § 121.351(c).

(b) For ETOPS where voice communication facilities are available, voice
communications must be provided.  The certificate holder must consider
potential routes and altitudes necessary for diversion to ETOPS
alternates in determining whether voice communication facilities are
available.  Where voice communication facilities are not available or is
of poor quality, and voice communication is not possible, communications
using alternative systems must be substituted.

(c) For ETOPS beyond 180 minutes the certificate holder must have an
additional communication system that is capable of providing immediate
satellite based voice communications of landline telephone-fidelity.
The system must provide communication capability between the flight crew
and air traffic services and the flight crew and the certificate holder.
 The certificate holder must consider potential routes and altitudes
necessary for diversion to ETOPS alternates in determining whether
immediate, satellite based voice communications are available.  Where
immediate, satellite based voice communications are not available, or
are of poor quality, communications using alternative systems must be
substituted.

20. Amend § 121.135(b) by;

Redesignating paragraphs (b)(10) through (b)(22) as paragraphs (b)(11)
through (b)(23);

Redesignating paragraphs (b)(23) and (b)(24) as paragraphs (b)(25) and
(b)(26); and

Adding paragraphs (b)(10) and (b)(24) as follows:

§ 121.135 Contents.

*     *     *     *     *

(b)  *     *     *

(10) For ETOPS, airplane performance data to support all phases of these
operations.

*   *  *  *  *

(24) For flag and supplemental operations, a passenger recovery plan
applicable to each approved en route alternate airport listed in the air
carrier’s operations specifications.

*     *     *     *     *

21. Amend § 121.161 by revising paragraph (a) and adding paragraph (d)
to read as follows:

§ 121.161 Airplane limitations: Type of route.

(a) No certificate holder may operate a turbine engine powered airplane
over a route that contains a point farther than 60 minutes flying time
from an adequate airport for airplanes with two engines, or 180 minutes
flying time from an adequate airport for airplanes with more than two
engines (in still air at normal cruising speed with one engine
inoperative) or within an area designated by the Administrator as an
Area of ETOPS Applicability unless approved by the Administrator in
accordance with Appendix O of this part.  The polar areas are designated
as areas of ETOPS applicability.  ETOPS must be authorized in the
certificate holder’s operations specifications.

*     *     *     *     *

(d) Unless authorized by the Administrator, based on the character of
the terrain, the kind of operation or the performance of the airplane to
be used, no certificate holder may operate a reciprocating engine
powered airplane over a route that contains a point farther than 60
minutes flying time (in still air at normal cruising speed with one
engine inoperative) from an adequate airport.

22. Add § 121.374 to read as follows:

§ 121.374 ETOPS maintenance elements.

Each certificate holder authorized to conduct ETOPS under Appendix O
must have a maintenance program that includes the following:

(a) Configuration, maintenance, and procedures (CMP) compliance. A
system to ensure compliance with the minimum requirements set forth in
the Configuration, Maintenance and Procedures (CMP) for each airframe
and engine combination, or the Type Design document for each airframe
and engine combination.  Any CMP changes necessary for continued safe
ETOPS flights will be mandated through the Airworthiness Directive
procedures pursuant to part 39 of this chapter.

(b) Continuous airworthiness maintenance program (CAMP). Develop and
follow a continuous airworthiness maintenance program based on the
manufacturers maintenance program or one currently approved for the
operator and supplemented for ETOPS for each airframe and engine
combination.  The program must include the following:

(1) ETOPS pre-departure service check. A check that must be accomplished
immediately prior to an ETOPS flight and certified complete by an ETOPS
qualified maintenance person.

(2) Dual maintenance. (i) Procedures to preclude ETOPS dual maintenance.

(ii) Procedures to use if ETOPS dual maintenance cannot be avoided.

(3) Verification program. Procedures for corrective action to an ETOPS
maintenance significant system.

(4) Task identification. Identify ETOPS specific procedures or tasks
that must be accomplished or verified by ETOPS qualified personnel.

(5) Centralized maintenance control procedures. Establish and document
procedures for centralized Maintenance Control related to ETOPS.

(6) ETOPS program document. Develop a document for use by personnel
involved in ETOPS. All ETOPS requirements, including supportive
programs, procedures, duties and responsibilities, must be identified in
this document and submitted for approval to the CHDO.  This document is
not required to be inclusive but must at least reference the maintenance
programs and clearly define where they are located in the certificate
holder’s document system.  Changes to the ETOPS document must be
submitted to the CHDO and approved before such changes may be adopted.

(7) ETOPS parts control. Develop an ETOPS parts control program to
ensure the proper identification of parts to maintain the ETOPS
configuration.

(8) Reliability program. Develop an ETOPS reliability program, or
supplement the existing reliability program.  The program must be
event-oriented and incorporate reporting procedures for significant
events detrimental to ETOPS flights.

(i) In addition to the reporting requirements in § 121.703, the
following items must be reported within 72 hours to the CHDO:

(A) In-flight shutdowns.

(B) Diversions or turnback.

(C) Uncommanded power changes or surges.

(D) Inability to control the engine or obtain desired power.

(E) Problems with systems critical to ETOPS.

(F) Any other event detrimental to ETOPS.

(ii) The certificate holder must conduct an investigation into the cause
of the occurrence of any event listed in § 121.703 and paragraph
(b)(8)(i) of this section in conjunction with manufacturers and submit
findings and description of corrective action to the CHDO.  The report
must be submitted in the manner prescribed by § 121.703(e).  The
corrective action must be acceptable to the CHDO.

(c) Propulsion system monitoring. (1) If the IFSD rate computed on a
12-month rolling average exceeds the following values, the certificate
holder, in conjunction with the CHDO, must investigate common cause
effects or systemic errors.

(i) Two engine airplanes:

(A) 0.05/1,000 engine hours for ETOPS up to and including 120 minutes;

(B) 0.03/1,000 engine hours for ETOPS beyond 120 minutes up to and
including 180 minutes, and 207 minutes in North Pacific; and

(C) 0.02/1,000 engine hours for ETOPS beyond 180 minutes, except for 207
minutes in North Pacific.

(ii) For airplanes with more than two engines:

(A) 0.2/1,000 engine hours for 3-engine ETOPS; and

(B) 0.1/1,000 engine hours for 4-engine ETOPS.

(2) The report of investigation and, if necessary, corrective action
taken, must be submitted within 30 days through the CHDO to the Director
of the Flight Standards Service for approval.

(d) Engine condition monitoring. The certificate holder must establish
and conduct an Engine Condition Monitoring program to detect
deterioration, at an early stage, and to allow for corrective action
before safe operation is affected.

(1) This program must describe the parameters to be monitored, method of
data collection, analysis, and corrective action process.

(2) The program must ensure that engine limit margins are maintained so
that a prolonged engine inoperative diversion may be conducted without
exceeding approved engine limits (for example, rotor speeds, exhaust gas
temperatures) at all approved power levels and expected environmental
conditions.

(e) Oil consumption monitoring. The certificate holder must establish
and conduct an engine oil consumption monitoring program to ensure that
there is enough oil to complete any ETOPS flight.  The operator’s
consumption limit must not exceed the manufacturer’s recommendations.
The program must consider the amount of oil added at the departing ETOPS
stations with reference to the running average consumption.  The
monitoring must be continuous up to and including oil added at the ETOPS
departure station.  The APU must be included if an APU is required for
ETOPS.

.

(f) APU in-flight start program. If APU in-flight start capability is
required for ETOPS, the certificate holder must have a cold soak
in-flight APU start and run reliability program acceptable to the
Administrator.

(g) Maintenance training. The certificate holder must review the
airplane and engine combination maintenance training program with the
CHDO to ensure that it adequately supports ETOPS training requirements.
The certificate holder must develop additional ETOPS specific training
that focuses on the special nature of ETOPS and is required for all
personnel involved in ETOPS.  This training is in addition to the
operator’s accepted maintenance training program to qualify
individuals for specific airplanes and engines.

(h) Procedural changes. Any substantial changes to the maintenance or
training procedures established to qualify for ETOPS must be submitted
to the CHDO and approved before they may be adopted.

23. Amend § 121.415 by adding paragraph (a)(4) to read as follows:

§ 121.415 Crewmember and dispatcher training requirements.

(a) *     *     *

 (4) Training for crewmembers and dispatchers in their roles and
responsibilities in the certificate holder’s passenger recovery plan.

*     *     *     *     *

24. Amend § 121.565 by revising paragraph (a) to read as follows:

§ 121.565 Engine inoperative: Landing; reporting.  REF
P121_565aEngineInoperative \h  \* MERGEFORMAT

(a) Except as provided in paragraph (b) of this section, whenever an
engine of an airplane fails or whenever an engine is shutdown to prevent
possible damage, the pilot in command shall land the airplane at the
nearest suitable airport in point of time at which a safe landing can be
made.

*     *     *     *     *

25. Add § 121.624 to read as follows:

§ 121.624 ETOPS alternates.

(a) No person may dispatch an airplane for ETOPS unless the ETOPS
Alternates listed in the dispatch or flight release are located such
that the airplane remains within the authorized ETOPS maximum diversion
time under which the flight is to be dispatched. The certificate holder
must consider all adequate airports within the diversion limits of the
operation that meet the standards of this part.  Each required ETOPS
Alternate must be listed in the dispatch or flight release.

(b) No person may list an airport as an ETOPS Alternate in the dispatch
or flight release unless the appropriate weather reports or forecasts or
any combination thereof indicating that weather conditions are at or
above ETOPS Alternate minima specified in the certificate holder’s
operations specifications and with field condition reports indicating
that a safe landing can be accomplished at the time of the intended
operation (from the earliest to the latest time of landing at that
airport).  Once a flight is enroute, the ETOPS Alternates must meet the
requirements of § 121.631(c).

(c) No person may list an airport as an ETOPS Alternate in the dispatch
or flight release unless that airport meets the requirements of this
part.

(d) No person may list an airport as an ETOPS Alternate in the dispatch
or flight release unless that airport meets the public protection
requirements of § 121.97(b)(1)(ii).

26. Revise § 121.625 to read as follows:

§ 121.625 Alternate airport weather minimums.

Except as required by § 121.624, no person may list an airport as an
alternate in the dispatch or flight release unless the appropriate
weather reports or forecasts or any combination thereof indicate that
the weather conditions will be at or above the alternate weather
minimums specified in the certificate holder's operations specifications
for that airport when the flight arrives.

27. Amend § 121.631 by redesignating paragraphs (c) and (d) as
paragraphs (e) and (f), respectively, and adding new paragraphs (c) and
(d) to read as follows:

§ 121.631 Original dispatch or flight release, redispatch or amendment
of dispatch or flight release.

*     *     *     *     *

(c) For ETOPS, in addition to paragraph (b) of this section, no person
may allow a flight to continue beyond the ETOPS Entry Point unless the
weather conditions at required ETOPS Alternates specified in the
dispatch or flight release are reviewed and forecast to be at or above
the operating minimums specified in the operations specifications for
that airport during the period in which that airport may be expected to
be used (from the earliest to the latest time of landing at that
airport).  Such a review must include all ETOPS Alternates within the
dispatch diversion time of the planned routing and advice to the flight
crew of any changes that have occurred since dispatch.  However, the
dispatch or flight release may be amended en route to add any ETOPS
Alternate with weather above operating minima and that is within the
maximum ETOPS diversion time that could be authorized for that flight.

(d) The pilot in command for supplemental operators, or a dispatcher for
flag operators must, prior to the ETOPS Entry Point, use company
communications to update any revised flight plan if required as a result
of re-evaluation of aircraft system capabilities.

28.  Add § 121.633 to read as follows:

§ 121.633 ETOPS: Time limited system planning.

(a) For ETOPS up to and including 180 minutes, the time required to fly
the distance to the planned ETOPS Alternate or Alternates, at the
approved one engine inoperative cruise speed, in still air and standard
day temperature, may not exceed the time specified in the Airplane
Flight Manual for the airplanes most time limited system time minus 15
minutes.

(b) Except as provided in paragraphs (c) and (d) of this section, for
ETOPS beyond 180 minutes, the time required to fly the distance to the
planned ETOPS Alternate or Alternates, at the all engines operating
cruise speed, correcting for wind and temperature, may not exceed the
time specified in the Airplane Flight Manual for the airplane’s cargo
fire suppression system time minus 15 minutes.

(c) Except as provided in paragraphs (b) and (d) of this section, for
ETOPS beyond 180 minutes, the time required to fly the distance to the
planned ETOPS Alternate or Alternates, at the approved one engine
inoperative cruise speed, correcting for wind and temperature, may not
exceed the time specified in the Airplane Flight Manual for the
airplanes most time limited system time (except for cargo fire
suppression) minus 15 minutes.

(d) Three and four-engine turbine powered airplanes not meeting the
requirements of paragraph (b) of this section as of the effective date
of this regulation may continue ETOPS operations for a period not to
exceed 6 years from the effective date of this regulation.

29. Add § 121.646 to read as follows:

§ 121.646 En route fuel supply: flag and supplemental operations.

(a) No person may dispatch or release for flight or takeoff a turbine
engine powered airplane with more than two engines more than 90 minutes
(with all engines operating at cruising power) and less than 180 minutes
(at the approved one engine inoperative cruise speed) from an adequate
airport unless, considering wind and other weather conditions (including
icing), it has enough fuel, assuming a rapid decompression at the most
critical point followed by descent to a safe altitude in compliance with
the oxygen supply requirements of § 121.333, to fly to an adequate
airport and conduct a normal approach and landing with enough fuel
remaining to hold for 15 minutes at 1500 feet above field elevation.

(b) No person may dispatch or release for flight or takeoff a turbine
powered airplane in ETOPS unless, considering wind and other weather
conditions expected, it has enough fuel to satisfy the following
requirements (b)(1) through (b)(4) of this section:

(1) Greater of:

(i) Fuel sufficient to fly to an ETOPS Alternate assuming a rapid
decompression at the most critical point followed by descent to a safe
altitude in compliance with the oxygen supply requirements of §
121.333, or

(ii) Fuel sufficient to fly to an ETOPS Alternate at the approved one
engine inoperative cruise speed 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 supply
requirements of § 121.333, or

(iii) Fuel sufficient to fly to an ETOPS Alternate at the approved one
engine inoperative cruise speed assuming an engine failure at the most
critical point followed by descent to the one engine inoperative cruise
altitude.

(2) Upon reaching the alternate hold at 1500 feet above field elevation
for 15 minutes and then conduct an instrument approach and land.

(3) Add a 5% wind speed factor (i.e., an increment to headwind or a
decrement to tailwind) on the actual forecast wind used to calculate
fuel in paragraph (b)(1)(i) above to account for any potential errors in
wind forecasting.  If a certificate holder is not using the actual
forecast wind based on wind model acceptable to the FAA, allow 5% of the
fuel required for paragraph (b)(1)(i) above, as reserve fuel to allow
for errors in wind data.

(4) Compensate in paragraph (b)(1)(i) above for the greater of:

(A) The effect of airframe icing during 10 percent of the time during
which icing is forecast (including the fuel used by engine and wing
anti-ice during this period), or

(B) Fuel for engine anti-ice, and if appropriate wing anti-ice for the
entire time during which icing is forecast.

(C) Unless the certificate holder has a program established to monitor
airplane in-service deterioration in cruise fuel burn performance and
includes in fuel supply calculations fuel sufficient to compensate for
any such deterioration, increase the fuel supply by 5% to account for
deterioration in cruise fuel burn performance.

(D) If an APU is a required power source, then its fuel consumption must
be accounted for during the appropriate phases of flight.

30. Amend § 121.687 by adding paragraph (a)(6) to read as follows:

§ 121.687 Dispatch release: Flag and domestic operations.

(a) *     *     *

(6) For each flight dispatched as an ETOPS flight, the ETOPS time basis
(if any) under which the flight is dispatched.

*     *     *     *     *

31. Amend § 121.689 by adding paragraph (a)(8) to read as follows:

§ 121.689 Flight release form: Supplemental operations.

(a) *     *     *

 (8) For each flight released as an ETOPS flight, the ETOPS time basis
(if any) under which the flight is released.

*     *     *     *     *

32. Add appendix O to read as follows:

Appendix O to Part 121 -- Requirements for ETOPS

The Administrator may approve ETOPS for various areas of operation in
accordance with the requirements and limitations specified in this
appendix.

A. ETOPS Authorizations: Airplanes with Two engines

(a) 75 Minutes ETOPS

(1) Caribbean / Western Atlantic Area. Approvals may be granted to
conduct ETOPS with maximum diversion times up to 75 minutes on Western
Atlantic/Caribbean area routes.  The airframe and engine combination
shall be reviewed by the Administrator to ensure the absence of factors
that could prevent safe operations.  The airframe and engine combination
need not be approved for ETOPS; however, it must have sufficient
favorable experience to demonstrate a level of reliability appropriate
for 75-minute ETOPS.  These operations must comply with the requirements
of section 121.633.  The certificate holder must employ an FAA approved
maintenance program that specifically addresses factors significant to
75-minute ETOPS operations except that a service check before departure
of the return flight may not be required.

(2) Other Areas. Approvals may be granted to conduct ETOPS operations
with maximum diversion times up to 75 minutes on other than Western
Atlantic / Caribbean area routes.  The airframe and engine combination
shall be reviewed by the Administrator to ensure the absence of factors
that could prevent safe operations.  The airframe and engine combination
need not be approved for ETOPS; however it must have sufficient
favorable experience to demonstrate a level of reliability appropriate
for 75-minute ETOPS.  These operations must comply with the requirements
of section 121.633.  The certificate holder must employ an FAA approved
operations and maintenance program that specifically addresses factors
significant to 75-minute ETOPS operations.

(b) 90-minutes ETOPS (Micronesia). Approvals may be granted to conduct
ETOPS with maximum diversion times up to 90 minutes on Micronesian area
routes.  For such operations the airframe and engine combination must be
type design approved for a minimum of 120 minute ETOPS.  The certificate
holder must employ an FAA approved operations and maintenance program
that specifically addresses factors significant to 120 minute ETOPS,
except that a service check before departure of the return flight may
not be required.  Minimum equipment list requirements for 120 minute
extended range (“ER”) operations apply to such operations.

(c) 120 minutes. Approvals may be granted to conduct ETOPS with maximum
diversion times up to 120 minutes.  For such operations the
airframe/engine combination must be type design approved for a minimum
of 120 minute ETOPS.  The certificate holder must employ an FAA approved
operations and maintenance program that specifically addresses factors
significant to 120 minute ETOPS.  Minimum equipment list requirements
for 120 minute extended range (“ER”) operations apply to such
operations.

(d) 138 Minutes. 138-minute ETOPS must be operated under one of the
following:

(1) Extension of 120-minute ETOPS authority. Approvals may be granted to
conduct ETOPS with maximum diversion times up to 138 minutes.  This
authority is deemed to be an extension of already existing 120-minute
ETOPS authority, and may only be exercised on a flight-by-flight
exception basis.  For such operations the airframe-engine combination
must be type design approved for a minimum of 120 minute ETOPS.  In
addition, airplane time-limited system capability may not be less than
the authorized 138-minute diversion time in still air conditions at the
approved one engine inoperative cruise speed plus a 15-minute allowance
for holding, approach and landing.  The certificate holder must employ
an FAA approved operations and maintenance program that specifically
addresses factors significant to 138-minute ETOPS.  Operators with
120-minute ETOPS authority but no 180-minute authority may apply to
AFS-200 through their certificate holding district office (CHDO) for a
modified MEL which satisfies the MMEL policy for system / component
relief in ETOPS beyond 120 minutes.  The certificate holder shall submit
for FAA approval a summary of revisions to training curricula for
maintenance, dispatch and flight crew personnel which identifies
differences between 138-minute ETOPS diversion authority and its
previously approved 120-minute ETOPS diversion authority.

(2) Use of existing 180-minute ETOPS approval. Approvals may be granted
to conduct ETOPS with maximum diversion times up to 138 minutes to
certificate holders with existing 180 minute ETOPS approval.  This
authority may be exercised on an unlimited basis.  For such operations
the airframe/engine combination must be type design approved for a
minimum of 180-minute ETOPS.  The certificate holder must employ an FAA
approved operations and maintenance program that specifically addresses
factors significant to 138-minute ETOPS.  Approved minimum equipment
list provisions for “beyond 120 minutes ETOPS” apply to these
operations.  The certificate holder shall submit for FAA approval a
summary of revisions to training curricula for maintenance, dispatch and
flight crew personnel which identifies differences between 138-minute
ETOPS diversion authority and its previously approved 180-minute ETOPS
diversion authority.

(e) 180 minutes. Approvals may be granted to conduct ETOPS with maximum
diversion times up to 180 minutes.  For such operations the airframe and
engine combination must be type design approved for a minimum of
180-minute ETOPS.  The certificate holder must employ an FAA approved
operations and maintenance program that specifically addresses factors
significant to 180-minute ETOPS operations.  Minimum equipment list
provisions for “beyond 120 minutes ETOPS” apply to these operations.

(f) Greater than 180 minutes.

Approvals may be granted to certificate holders with previous ETOPS
experience to conduct ETOPS with maximum diversion times exceeding 180
minutes as specified in paragraphs (g) through (j) of this appendix.
Approvals may be granted only to certificate holders with existing 180
minutes ETOPS approval on the airframe/engine combination listed in
their application.  In conducting all such operations, operators must
make every attempt to minimize diversion time along the preferred track
and plan ETOPS at maximum diversion distances of 180 minutes or less.
If conditions prevent the use of adequate airports within 180 minutes as
ETOPS Alternates, the route may be flown beyond 180 minutes authority
subject to the requirements provided for the specific area of
operations.  In addition to the MEL limitations for 180 minute ETOPS,
the following systems must be operational for dispatch:

(1) Fuel Quantity Indicating System (FQIS),

(2) APU (including electrical and pneumatic supply to its designed
capability),

(3) auto throttle system,

(4) the communication system required by section 121.99(d) or
121.122(c), as applicable, and

(5) one engine inoperative auto land capability, if flight planning is
predicated on its use.

Operators must inform the flight crew any time an aircraft is proposed
for dispatch under this authority and make available the dispatch
considerations requiring such operations.

(g) North Pacific

On flight by flight exception basis, tracked by the certificate holder,
when an ETOPS Alternate is not available within 180 minutes in the North
Pacific area of operation, the nearest available ETOPS Alternate must be
specified within 207 minutes maximum diversion time.  In conducting such
operations the operator must give Air Traffic Services preferred track,
if available, the first consideration.  Application of this exception
must be limited to circumstances such as political or military concern,
volcanic activity, airport weather below dispatch requirements,
temporary airport conditions and other weather related events.  For such
operations, the airframe and engine combination must be type design
approved for a minimum of 180-minute ETOPS.  The time required to fly
the distance to the planned ETOPS Alternate or alternates, at the
approved one engine inoperative cruise speed, in still air and standard
day temperature, may not exceed the time specified in the Airplane
Flight Manual for the airplane’s most time limited system time minus
15 minutes.

(h) Polar Area (North Pole) and North of NOPAC

On a flight by flight exception basis, tracked by the certificate
holder, when an ETOPS alternate is not available within 180 minutes in
the Polar Area (North Pole) or north of the North Pacific Area of
Operations, the nearest available ETOPS Alternate must be specified
within 240 minutes maximum diversion time.  Application of this
exception shall be limited to circumstances related to the weather
extremes particular to this area of the world such as volcanic activity,
extreme cold weather at en route airports, airport weather below
dispatch requirements, temporary airport conditions and other weather
related events.  The criteria used by the certificate holder to make
determinations that extreme weather precludes the use of an airport must
be established by the certificate holder and accepted by the FAA and
published in the certificate holder’s manual for the use of
dispatchers and pilots.  For such operations, the airframe/engine
combination must be type design approved for a minimum of 240-minute
ETOPS as specified in the Configuration Maintenance and Procedures (CMP)
Standard for such operations.  For such operations, the requirements in
paragraph C, Polar Area (North & South Pole) and ETOPS beyond 180
minutes North of the NOPAC area, of this appendix apply.

(i) 240 minutes Area of Operations

Approvals may be granted to certificate holders with previous ETOPS
experience and existing 180-minute ETOPS approval for the airframe
engine combination listed in their application to conduct ETOPS with
maximum diversion times up to 240 minutes on routes in the Pacific
oceanic areas between the US west coast and Australia, New Zealand and
Polynesia; south Atlantic oceanic areas; Indian Oceanic areas; oceanic
areas between Australia and South America.  The operator must designate
the nearest available ETOPS Alternate or Alternates along the planned
route of flight.  For such operations, the airframe and engine
combination must be type design approved for a minimum of 240 minute
ETOPS.  All requirements specified in the Configuration Maintenance and
Procedures (CMP) Standard for 240 minute ETOPS are applicable to such
operations.

(j) Beyond 240 minutes Area of Operations

Approvals may be granted, to certificate holders who have been operating
in accordance with 180 minute or greater ETOPS for 24 consecutive
months, of which at least 12 consecutive months shall be at 240 minute
ETOPS on the airframe/engine combination for which the authority is
requested, to conduct ETOPS with maximum diversion times beyond 240
minutes between city pairs on routes in the Pacific oceanic areas
between the US west coast and Australia, New Zealand and Polynesia;
south Atlantic oceanic areas; Indian Oceanic areas; oceanic areas
between Australia and South America, and South Pole area.  The operator
must designate the nearest available ETOPS alternate(s) along the
planned route of flight.  For such operations, the airframe and engine
combination must be type design approved for at least the maximum
authorized ETOPS diversion time necessary for that operation.  All
requirements specified in the Configuration Maintenance and Procedures
(CMP) Standard for beyond 240 minute ETOPS are applicable to such
operations.

B. ETOPS Authorizations: Airplanes with more than two engines

Approvals may be granted to conduct ETOPS on a routine basis with
maximum diversion times up to 240 minutes in any area of operations.
For all such operations, the nearest available ETOPS Alternate within
240 minutes diversion time (in still air at one engine inoperative
speed) must be specified.  If an ETOPS Alternate is not available within
240 minutes, the nearest alternate ETOPS alternate must be specified. In
either case the operator must designate the nearest available ETOPS
Alternate(s) along the planned route of flight. On all such operations,
MEL limitations for ETOPS apply and in addition, the Fuel Quantity
Indicating System (FQIS) and the communications requirements of §
121.99(d) or § 121.122(c) must be operational.  For company
communications on such operations, operators must use the system
required by § 121.99(d).  For such operations, the airframe and engine
combination must be type design approved for the maximum authorized
ETOPS diversion time.

C. Polar Area (North & South Pole) and ETOPS beyond 180 minutes North of
the NOPAC area

Approvals may be granted to conduct any operations within these areas.
To obtain such approvals, in addition to the requirements in paragraphs
(A) and (B) of this appendix, the operator must consider airport
requirements for ETOPS Alternates, airline recovery plan for passengers
at diversion alternates, fuel freeze strategy and monitoring,
communication capability, Minimum Equipment List considerations, airline
training issues specific to polar operations, long range crew
requirements, dispatch and crew considerations during solar flare
activity, special equipment requirements, and validation requirements
for area approval in a manner acceptable to the Administrator.

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

33. 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.

34.  Add § 135.98 to read as follows:

§ 135.98 Polar operations.

Except for intrastate operations within the State of Alaska, no person
may operate an aircraft in the region north of N 78o 00’, designated
as Polar, unless authorized by the Administrator and unless the
certificate holder’s operation specifications address the following
items:

(a) Designation and requirements for airports that may be used for
enroute diversions.

(b) Recovery plan for passengers at diversion alternates.

(c) Fuel freeze strategy and monitoring requirements for Polar
operations.

(d) Communication capability for Polar operations.

(e) MEL considerations for Polar operations.

(f) Training issues for Polar operations.

(g) Crew considerations during solar flare activity.

(h) Special equipment for Polar operations.

35. Amend § 135.345 by removing the word “and” from the end of
(a)(7), redesignating paragraph (a)(8) as (a)(10), and by adding new
paragraphs (a)(8) and (a)(9) to read as follows:

§ 135.345 Pilots: Initial, transition, and upgrade ground training.

*     *     *     *     *

(a) *     *     *

(8) ETOPS, if applicable;

(9) Passenger Recovery for ETOPS, if applicable; and

*     *     *     *     *

36. Add § 135.364 to read as follows:

§ 135.364 Multi-engine airplane limitations: Maximum distance from an
airport.

Unless approved by the Administrator in accordance with Appendix H of
this part (Extended Operations (ETOPS)), no certificate holder may
operate an airplane outside the continental U.S. unless the planned
route for that airplane remains within 180 minutes flying time (in still
air at normal cruise speed with one engine inoperative) from an airport
meeting the requirements of §§135.385, 135.387, 135.393 or 135.395, as
applicable, and §§ 135.219 or 135.221 as applicable.

37. Amend § 135.411 by adding paragraph (d) to read as follows:

§ 135.411 Applicability.

*     *     *     *     *

(d) A certificate holder performing Extended Operations must comply with
 paragraph (a)(2) of this section  and the additional requirements of
Appendix H of this part.

38. Add appendix H to read as follows:

APPENDIX H TO PART 135 --EXTENDED OPERATIONS (ETOPS)

The Administrator may approve ETOPS for various areas of operation in
accordance with the requirements and limitations specified in this
appendix

(A) Definitions:

(1) ETOPS: Extended operations.

ETOPS is an operation authorized under part 135 for flights beyond 180
minutes flying time (in still air at normal cruise speed with one engine
inoperative) from an airport meeting the requirements of §§ 135.385,
135.387, 135.393 or 135.395, as applicable, and §§ 135.219 or 135.221
as applicable.  However, ETOPS flights must be planned so as to remain
within 240 minutes flying time (in still air with one engine
inoperative) from an airport meeting the requirements of §§ 135.385,
135.387, 135.393 or 135.395, as applicable, and §§ 135.219 or 135.221
as applicable.

(2) ETOPS dual maintenance.

Maintenance actions performed on the same element of identical, but
separate ETOPS maintenance significant systems, during the same routine
or non-routine visit. This is to recognize and preclude common cause
human failure modes without proper verification process or operation
test prior to ETOPS.

(B) Certificate Holder Experience Prior to Conducting ETOPS

(1) Prior to applying for authorization to conduct ETOPS, the
certificate holder must have at least 12 months operating experience
with a type of transport category turbine-engine powered airplane
conducting international operations (excluding Canada and Mexico).  For
the purpose of this subparagraph, operations to or from the State of
Hawaii may be considered as experience in international operations.

(2) Certificate holders granted authority to operate under part 135 or
part 121 before [insert date final rule is effective] may credit up to 6
months of domestic operating experience (including Canada and Mexico) in
a transport category turbojet airplane as part of the required 12 months
of international experience.

(3) A certificate holder’s previous ETOPS experience with other
aircraft types may be considered by the Administrator as meeting the
requirements of paragraph (B)(1) in whole or in part.

(C) Airplane Requirements.

(1) No person may conduct ETOPS in a multi-engine airplane that was
added to the certificate holder’s U.S. operations specifications after
[insert date that is eight years after the effective date of this final
rule] unless the airplane is certificated to § 25.1535.

(2) No person may conduct ETOPS in a multi-engine airplane that was
added to the certificate holder’s U.S. operations specifications on or
before [insert date that is eight years after the effective date of this
final rule] unless the airplane has the following systems capability
acceptable to the Administrator:

		(a)  Electrical System.  Three or more independent electrical power
sources must be available, each of which must be capable of providing
power for all of the equipment required by this part for the duration of
any diversion.

(b) Fuel System.  The fuel supply system must be able to provide
sufficient fuel for the duration of any diversion following any single
failure of fuel system components.

D. Certificate holder requirements.

(1)  No certificate holder may operate an airplane in accordance with
ETOPS unless the planned route for that airplane remains within 240
minutes flying time (in still air and one engine inoperative) from an
airport meeting the requirements of §135.385, §135.387, §135.393 or
§ 135.395, as applicable, and §135.219 or § 135.221 as applicable.

(2)  In addition to the requirements of §135.83, §135.225 and
§135.229 the certificate holder will ensure flight crews have in-flight
access to current weather and operational information on all enroute
alternate, destination and destination alternate airports proposed for
each ETOPS flight.

(E) Operational Requirements.

(1)  No pilot in command may allow a flight to continue beyond the ETOPS
entry point unless the weather and operating conditions at the required
enroute alternate airports are reviewed and expected to be at or above
the operating minimums specified in the operations specifications during
the period in which that airport may be expected to be used based on
expected estimated times of arrival at that airport.  The planned route
of flight may be amended while en route to allow use of additional
enroute alternate airports provided weather is forecast to be at or
above operating minima and the airport is within the maximum ETOPS
diversion time.

(2) Pilots shall plan and conduct ETOPS under instrument flight rules.

(3) Time Limited Systems.

(a) For ETOPS, the time required to fly the distance to the planned
ETOPS alternate or alternates, at the all engines operating cruise
speed, correcting for wind and temperature, may not exceed the time
specified in the Airplane Flight Manual for the airplane’s cargo fire
suppression system time (if installed), minus 15 minutes.

(b) Except as provided in paragraph (a) above, the time required to fly
the distance to the planned ETOPS Alternate or Alternates, at the
approved one engine inoperative cruise speed, correcting for wind and
temperature, may not exceed the time specified in the Airplane Flight
Manual for the airplanes most time limited system time (except for cargo
fire suppression) minus 15 minutes.

(c) Certificate holders operating turbine-engine powered airplanes that,
on the effective date of this regulation, lack the airplane flight
manual information required by paragraphs a and b above, may continue
ETOPS operations for a period not to exceed the date that occurs eight
years following the effective date of this rule.

(F) Communications Requirements.

(1) No person may conduct an ETOPS flight unless the following
communications equipment, appropriate to the route to be flown, is
installed and operational:

(a) Two independent communication transmitters (at least one must allow
voice communication).

(b) Two independent communication receivers (at least one must allow
voice communication).

(c) Two headsets, or one headset and one speaker.

(2) In areas where voice communication facilities are not available, or
voice communication is not possible or is of poor quality,
communications using alternative systems may be substituted.

(G) Fuel Planning Requirements.

1. No person may take off a flight for operations in ETOPS unless the
fuel carried on board is the greater of:

a. Fuel required under §135.223, or

b. Considering forecast wind and other weather conditions, the airplane
carries sufficient fuel to complete the flight under the following
conditions:

(i) Greater of:

(a) Fuel sufficient to fly to a ETOPS enroute 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
§135.157; or

(b) Fuel sufficient to fly to a ETOPS enroute alternate airport at the
approved one engine inoperative cruise speed 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 supply requirements of §135.157; or

(c) Fuel sufficient to fly to a ETOPS enroute alternate airport at the
approved one engine inoperative cruise speed assuming an engine failure
at the most critical point followed by descent to the one engine
inoperative cruise altitude.

(ii) Upon reaching the enroute alternate airport, hold at 1500 ft above
field elevation for 15 minutes and then conduct an instrument approach
and land.

(iii) Add a 5% wind speed factor (i.e., an increment to headwind or a
decrement to tailwind) on the actual forecast wind used to calculate
fuel in paragragh b.(i) of this appendix to account for any potential
errors in wind forecasting.  If a certificate holder is not using the
actual forecast wind based on wind model acceptable to the FAA, allow 5%
of the fuel required for a above, as reserve fuel to allow for errors in
wind data.

(iv) Compensate in paragraph b.(i) above for the greater of:

(A) The effect of airframe icing during 10 percent of the time during
which icing is forecast, or

(B) Fuel for engine anti-ice, and if appropriate wing anti-ice for the
time during which icing is forecast,

2. Unless the certificate holder has a program established to monitor
airplane in-service deterioration of cruise fuel burn performance and
includes in fuel supply calculations fuel sufficient to compensate for
any such deterioration, increase the fuel supply by 5 percent to account
for deterioration in cruise fuel burn performance.

3. If the APU is a power source required by this appendix, then its fuel
consumption must be accounted for.

H. Maintenance Program Requirements.

Each certificate holder authorized to conduct ETOPS under section
135.364 must have a maintenance program that includes the following:

(a) Configuration, Maintenance, and Procedures (CMP) compliance.

A system to ensure compliance with the minimum requirements set forth in
the Configuration, Maintenance and Procedures (CMP) for each airframe
and engine combination, or the Type Design document for each airframe
and engine combination.

(b) Continuous airworthiness maintenance program (CAMP).

Develop and follow a continuous airworthiness maintenance program based
on the manufacturers maintenance program or one currently approved for
the operator and supplemented for ETOPS for each airframe and engine
combination.  The program must include the following:

(1). ETOPS pre-departure service check. A check that must be
accomplished immediately prior to an ETOPS flight and certified complete
by an ETOPS qualified maintenance person

(2) Dual maintenance.

(a) Procedures to preclude ETOPS dual maintenance.

(b) Procedures to use if ETOPS dual maintenance cannot be avoided.

(3) Verification program. Procedures for corrective action to an ETOPS
maintenance significant system.

(4) Task identification.  Identify ETOPS specific procedures or tasks
that must be accomplished or verified by ETOPS qualified personnel.

(5) Centralized maintenance control procedures. Establish and document
procedures for centralized Maintenance Control related to ETOPS.

(6) ETOPS program document.  Develop a document for use by personnel
involved in ETOPS. All ETOPS requirements, including supportive
programs, procedures, duties and responsibilities, must be identified in
this document and submitted for approval to the CHDO.  This document is
not required to be inclusive but must at least reference the maintenance
programs and clearly define where they are located in the certificate
holder’s document system.  Changes to the ETOPS document must be
submitted to the CHDO and approved before such changes may be adopted.

(7) ETOPS parts control.  Develop an ETOPS parts control program to
ensure the proper identification of parts to maintain the ETOPS
configuration.

(8) Enhanced Continuing Analysis and Surveillance System (CASS) program.
 The certificate holder must include the ETOPS program elements in the
certificate holder’s CASS program.  The program must incorporate
reporting procedures for significant events detrimental to ETOPS
flights.

(a) In addition to the reporting requirements in § 135.415and
§135.417, the following items must be reported within 72 hours to the
CHDO.

(1) In-flight shutdowns.

(2) Uncommanded power changes or surges.

(3) Inability to control the engine or obtain desired power.

(4) Problems with systems critical to ETOPS.

(5) Any other event detrimental to ETOPS.

(b) The certificate holder must conduct an investigation into the cause
of the occurrence of any event listed in § 135.415, §135.417, or
paragraph (8)(a) above in conjunction with manufacturers and submit
findings and corrective action to the CHDO.  The report must be
submitted in the manner prescribed by section 135.415(e).  If the CHDO
determines that additional corrective action is necessary, the
certificate holder must implement the corrective action.

(c) Propulsion system monitoring.

The certificate holder, in conjunction with the CHDO, must

(1) establish criteria as to what action is to be taken when adverse
trends in propulsion system conditions are detected and

(2) investigate common cause effects or systemic errors and submit the
findings to the CHDO within 30 days.

(d) Engine condition monitoring.

The certificate holder must establish an Engine Condition Monitoring
program to detect deterioration at an early stage to allow for
corrective action before safe operation is affected.

(1) This program must describe the parameters to be monitored, method of
data collection and corrective action process.

(2) The program must ensure that engine limit margins are maintained so
that a prolonged engine inoperative diversion may be conducted without
exceeding approved engine limits (for example, rotor speeds, exhaust gas
temperatures) at all approved power levels and expected environmental
conditions.

(e) Oil consumption monitoring.

The certificate holder must establish an engine oil consumption
monitoring program to ensure that there is enough oil to complete any
ETOPS flight.  The operator’s consumption limit must not exceed the
manufacturer’s recommendations.  The program must consider the amount
of oil added at the departing ETOPS stations with reference to the
running average consumption.  The monitoring must be continuous up to
and including oil added at the ETOPS departure station.  The APU must be
included if an APU is required for ETOPS.

(f) APU in-flight start program.

If APU in-flight start capability is required for ETOPS, the certificate
holder must have a cold soak in-flight APU start and run reliability
program acceptable to the Administrator.

(g) Maintenance training.

The certificate holder must review the airplane and engine combination
maintenance training program with the CHDO to ensure that it adequately
supports ETOPS training requirements.  The certificate holder must
develop additional ETOPS specific training that focuses on the special
nature of ETOPS and is required for all personnel involved in ETOPS.
This training is in addition to the operator’s accepted maintenance
training program to qualify individuals for specific airplanes and
engines.

(h) Procedural changes.

Any substantial changes to the maintenance or training procedures
established to qualify for ETOPS must be submitted to the CHDO and
approved before they may be adopted.

(i) Reporting.

For each airplane authorized to conduct ETOPS, the certificate holder
shall report on a quarterly basis operating hours and cycles for each
engine and airframe to the CHDO and to the airplane and engine
manufacturer.

Issued in Washington, DC, on November 7, 2003.						.

James Ballough

Director, Flight Standards Service

 “Improving Airline Profitability Through Better Estimated Times of
Arrival and Terminal Area Flight Information: a Benefit Analysis of
PASSUR” Darryl Jenkins and Bill Cotton.   Available at
www.passur.com/report

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