FAA Issues Final Rule for Part 121 and Part 135 Extended Operations
February 2, 2007
David J. Harrington- New York
On January 16, 2007, the FAA issued its Final Rule for Extended Operations (ETOPS) of Multi-Engine Airplanes. The Final Rule codifies current FAA policy/guidance, industry best practices, and international standards and applies to 14 CFR Part 121 and Part 135 turbine powered multi-engine aircraft used in extended-range operations. However, all-cargo operations of Part 121 and Part 135 aircraft with more than two engines are exempted from the majority of the Rule. The Rule also affects manufacturers of both aircraft and engines used in ETOPS by mandating certain certifications standards for their manufacture.
The Rule is applicable to long-range operations beyond certain distances from adequate airports. Specifically, (1) two-engine airplanes operated under Part 121 when more than 60 minutes from an adequate airport; (2) passenger-carrying airplanes with more than two engines operated under Part 121 when more than 180 minutes from an adequate airport; and (3) flight operations of all two-engine transport category turbine-powered airplanes and all passenger-carrying transport category turbine-powered airplanes with more than two engines operating under Part 135 when more than 180 minutes from an adequate airport. Portions of the Rule are also applicable to all airplane operations in the North and South Polar areas. The Rule also excludes the ETOPS maintenance requirements from the operation of airplanes with more than two engines in both Parts 121 and Part 135 operations.
Under past FAA ETOPS guidance, Part 121 operators of two-engine aircraft were required to use an approved ETOPS aircraft-engine combination. Under the Final Rule, two-engine airplane-engines already approved for ETOPS operations can continue to be used in ETOPS operations under Parts 121 and 135 without re-certification under the new § 25.1535. Likewise, airplanes with more than two engines manufactured within eight years of when the Rule becomes effective can be used in ETOPS operations without type design approval under the new § 25.1535. Airplanes with more than two engines manufactured more than eight years after the effective date of the Rule must meet the certification requirements for airplane-engine combinations found in the Rule. The Rule also allows two-engine airplanes with existing type certificates to be approved for up to 180-minutes ETOPS without meeting requirements for fuel system pressure and flow, low fuel alerting and engine oil tank design – three new provisions that were not previously used to approve two-engine airplanes for ETOPS. The Rule does include a grandfather provision for Part 121 ETOPS operations using airplanes with more than two engines and for all ETOPS operations conducted under Part 135.
While the Final Rule changes many other areas of the current FAA ETOPS policy and guidance, a few significant changes are worth noting. Passenger recovery plans, which previously were only required for Polar operations, are now required for ETOPS greater than 180 minutes and for operations in North and South Polar areas for passenger-carrying operations using aircraft with two engines or more than two engines. For Part 135 operations, passenger recovery plans are only required in the North Polar area. Additionally, under the Rule, Part 121 ETOPS with aircraft with more than two engines and all Part 135 ETOPS will require cargo and baggage compartment fire suppression systems capable of putting out fires and suppressing re-ignition for the longest duration diversion for which the airplane is approved plus 15 minutes.
The Rule becomes effective February 15, 2007, although some sections of the Rule have delayed compliance dates. The Final Rule can be accessed at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.
gov/2007/pdf/07-39.pdf.
For more information, e-mail David Harrington at david.harrington@hklaw.com or call toll free, 1-888-688-8500.