Operational and Structural Difficulty Reports

Federal RegisterAug 14, 1995

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SUMMARY: The Federal Aviation Administration (FAA) proposes to revise

the reporting requirements for air carrier certificate holders and

certificated domestic and foreign repair stations concerning failures,

malfunctions, and defects of aircraft, aircraft engines, systems, and

components. The proposed rule would clarify and standardize the type of

information submitted to the FAA allowing the FAA to identify trends

that may affect aviation safety. This action was prompted by an

internal FAA review of the effectiveness of the reporting system and by

air carrier industry concern over the quality of the data being

reported by air carriers. The objective of the proposed rule is to

update and improve the reporting system to effectively collect and

disseminate clear and concise information, particularly with regard to

aging aircraft, to the aviation industry.

DATES: Comments must be submitted on or before November 13, 1995.

ADDRESSES: Comments on this notice should be delivered, in triplicate,

to: Federal Aviation Administration, Office of the Chief Counsel,

Attention: Rules Docket (AGC-200), Docket No. 28293, 800 Independence

Avenue SW., Washington, DC 20591. Comments delivered must be marked

Docket No. 28293. Comments may also be submitted electronically to the

following Internet address: [email protected]. Comments may be

examined in Room 915G weekdays between 8:30 a.m. and 5 p.m., except on

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Benjamin J. Burton, Aircraft

Maintenance Division, AFS-330, Flight Standards Service, Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC

20591, telephone (202) 267-3797.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the

proposed rule by submitting such written data, views, or arguments as

they may desire. Comments relating to the environmental, energy,

federalism, or economic impact that might result from adopting the

proposals in this notice are also invited. Substantive comments should

be accompanied by cost estimates. Comments should identify the

regulatory docket or notice number and should be submitted in

triplicate to the Rules Docket address specified above. All comments

received on or before the closing date for comments specified will be

considered by the Administrator before taking action on this proposed

rulemaking. The proposals contained in this notice may be changed in

light of comments received. All comments received will be available,

both before and after the closing date for comments, in the Rules

Docket for examination by interested persons. A report summarizing each

substantive public contact with FAA personnel concerning this

rulemaking will be filed in the docket. Commenters wishing the FAA to

acknowledge receipt of their comments submitted in response to this

notice must include a preaddressed, stamped postcard on which the

following statement is made: ``Comments to Docket No. 28293.'' The

postcard will be date stamped and mailed to the commenter.

Availability of the NPRM

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue SW., Washington, DC 20591, or by calling (202)

267-3484.

Persons interested in being placed on the mailing list for future

NPRMs should request from the above office a copy of Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, which

describes the application procedure.

Background

Sections 121.703, 127.313, and 135.515 require that holders of

certificates issued under part 121, 127, or 135 submit reports on

certain specified failures, malfunctions, or defects of specific

systems and on all other failures, malfunctions, or defects that, in

the opinion of the certificate holder, have endangered or may endanger

the safe operation of an aircraft. Section 125.409 requires that part

125 certificate holders report each failure, malfunction, or defect. In

addition, Secs. 145.63 and 245.79 contain provisions for certificated

domestic and foreign repair stations, respectively, to report defects

or recurring unairworthy conditions of any aircraft, powerplant,

propeller, or any component thereof to the FAA. Both certificate

holders and certificated repair stations must submit the reports

described above to the FAA. In accordance with the Flight Standards'

Service Difficulty Program, set forth in FAA Order No. 8010.2, the

information is reviewed and evaluated by the Principal Maintenance

Inspector (PMI) and mailed to the FAA's Mike Monroney Aeronautical

Center in Oklahoma City, OK, for input into the Service Difficulty

Reporting Subsystem (SDRS). The report data is entered into the SDRS

and compiled to generate a weekly summary that is distributed to

aircraft manufacturers, air carriers, repair stations, members of the

general aviation community, and various offices of the FAA. Additional

review and evaluation of the data are accomplished by the Aeronautical

Center to identify trends or significant reports. The appropriate FAA

office is notified if trends or significant safety items are noted.

Sections 121.705, 127.315, and 135.417 contain provisions for

submitting a summary report to the FAA on mechanical difficulties or

malfunctions that interrupt a flight or cause unscheduled aircraft

changes, stops, or diversions en route that are not required to be

reported under Sec. 121.703, 127.313, or 135.415, respectively. Section

121.705 also requires a summary report containing information on the

number of aircraft engines removed prematurely because of a

malfunction, failure, or defect and the number of propeller featherings

that occur in flight for other than training purposes, demonstrations,

or flight checks.

Section 127.315 requires further summary reports containing

information on the number of engines removed, and Sec. 135.417 requires

further summary reports on the number of propeller featherings that

occur.

The reporting requirements for Sec. 21.3 have not been addressed in

this notice. ARAC decided and FAA agreed that revisions to this section

were not intended as part of the FAA's original task assignment to

ARAC.

History

The explosive decompression and structural failure of a Boeing 737-

200 series aircraft on April 28, 1988, focused

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worldwide attention on aging air carrier fleets. As a result of this

event, a joint effort between the air carrier industry and regulatory

authorities was established to address the continued airworthiness of

the air transport fleet. This effort led to the establishment of the

Airworthiness Assurance Task Force (AATF).

The AATF's activities focused on five major efforts that were a

direct result of airworthiness issues presented by airlines and

aircraft manufacturers at the First International Conference on Aging

Airplanes, which was hosted by the FAA in June 1988. One of the issues

presented at the conference was the need to ensure an adequate

communications system between airlines, manufacturers, and the FAA.

This task was assigned to the Improved Airworthiness Communications

Steering Committee (IACSC) Data Collection Subcommittee of the AATF.

The FAA attended joint FAA/industry meetings with the IACSC to

discuss problems associated with Secs. 121.703, 121.705, 145.63,

145.79, and the Service Difficulty Report (SDR) program. Issues

addressed in the March 21, 1991, General Accounting Office (GAO) report

entitled Changes Needed in FAA 's Service Difficulty Reporting Program

and written proposals from IACSC surfaced as points of discussion

during the FAA/industry meetings. Members of the air carrier industry

and FAA personnel expressed concern that, because of a lack of a

standardized reporting format, there are varied interpretations of what

is required to be reported. It was also noted that report information

submitted by air carriers is inconsistent from airline to airline and

results in incomplete data. In addition, air carriers voiced concern

about the timeliness of the FAA's dissemination of SDR information. The

IACSC noted that the manual data entry of reports into the SDRS delays

the distribution of information to the airlines.

The IACSC recommended establishing a new Sec. 121.704. This new

section specifically would address defects in aircraft structures and

problems normally associated with aging aircraft. The IACSC further

suggested that the reporting requirements of Secs. 121.703(a)(14) and

121.703(a)(15) relating to aircraft structures be revised and

transferred to the proposed new section. The proposed reporting

requirements would enable collection of information on discrepancies

found in primary structure or principal structural elements. In

addition, information on discrepancies found in composite materials

that comprise primary structure or principal structural elements would

be collected.

The IACSC also suggested revising Secs. 145.63 and 145.79 to allow

part 121 certificate holders to require certificated repair stations to

submit the reports required under proposed Secs. 121.703 and 121.704

when a repair station discovers a malfunction or defect in a

certificate holder's aircraft. This change would serve to reduce the

number of duplicate reports on the same problem from air carriers and

repair stations, who presently are both required to report the

occurrence.

The IACSC was realigned as the International Airworthiness

Communications Working Group (IACWG) under the Aviation Rulemaking

Advisory Committee (ARAC). The ARAC was established under FAA Order No.

1110.119, dated February 22, 1991, to advise the FAA on aviation

safety-related rulemaking activity on a wide range of issues. Following

the evaluation of the IACWG's recommendation for the revision of part

121, the ARAC tasked the group with preparing similar recommendations

for operations conducted under parts 125, 127, and 135.

During preparation of the recommendations for parts 125, 127, and

135, the IACWG noted that the current reliability reporting

requirements of Secs. 127.315 and 135.417 are also unnecessary. There

is no equivalent section in part 125. Therefore, the IACWG suggested

deleting Secs. 127.315 and 135.417, which would be consistent with the

IACWG's proposed deletion of Sec. 121.705. Currently, reliability

information for operations conducted under these parts must be

monitored in accordance with Secs. 127.136 and 135.431.

The IACSC also was of the opinion that the current reporting

requirements of Sec. 121.705 are unnecessary because the data reported

is reliability information that does not affect flight safety. The

subcommittee further stated that this regulation does not provide

sufficient guidance on the type or scope of the information to be

reported; therefore, reporting is inconsistent. Reliability information

currently must be monitored in accordance with Sec. 121.373.

Consequently, IACSC did not believe Sec. 121.705 was necessary and

suggested that it be deleted.

Subsequent discussions within the working group revealed that

Sec. 121.705(a) would need to remain in the regulation so that PMI's

would continue to receive timely information from air carriers on

mechanical interruptions of flights caused by malfunctions or defects

that are not required to be reported to the SDRS. The working group,

therefore, recommended deleting only Secs. 121.705 (b) and (c),

127.315(b), and 135.417(b), which relate to premature engine removals

and in-flight propeller featherings.

The Proposed Rule

Based on the earlier joint discussions with representatives of the

air carrier industry, recommendations from the ARAC, and an internal

review of the SDR program, the FAA recognizes that improvements to

reporting requirements and the SDR program are necessary. This proposed

rule presents actions to correct deficiencies cited during the FAA/

industry meetings and in the GAO report, and was developed based on the

recommendations from the ARAC.

This proposed rule would modify the current reporting requirements

for air carriers and repair stations to standardize report information.

The proposed rule also would explicitly permit the submission of the

required reports in an electronic form to encourage reporting that will

give the FAA information on a near real-time basis. In addition, the

proposed rule would revise the current reporting requirements for air

carriers to include the reporting of certain occurrences or detections

of failures, malfunctions, or defects of aircraft, aircraft engines,

systems, and components that occur during ground operations and that

could affect the safety of flight operations.

The proposed rule would also allow part 121, 125, 127, or 135

certificate holders to require a certificated domestic or foreign

repair station to submit operational and structural difficulty reports

to the FAA on behalf of the certificate holder when the repair station

discovers defects or unairworthy conditions. This provision would

eliminate duplicate reporting of a problem by the air carrier and the

repair station. The proposed rule would delete Secs. 121.705 (b) and

(c), 127.315(b), and 135.417(b), removing the requirement for

submitting summary reports on premature engine removals and in-flight

propeller featherings because this information is reliability-related

data rather than safety-of-flight data. The proposed rule also would

add new Secs. 121.704, 125.410, 127.314, and 135.416 to specifically

address the reporting of structural defects and problems normally

associated with aging aircraft.

Sections 121.703, 125.409, 127.313, and 135.415 would be revised to

focus on the reporting of operational defects, and new Secs. 121.704,

125.410, 127.314,

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and 135.416 would be added to manage the reporting of structural

defects.

Section 125.409 would be revised by requiring reports for specific

events rather than reports of the occurrence or detection of every

failure, malfunction, or defect. The proposed change eliminates the

reporting of defects that do not compromise the airworthiness of the

aircraft. The proposal would add requirements to part 125 that are

equivalent to the reporting requirements in proposed Secs. 121.703,

127.313, and 135.415.

In proposing to revise the part 135 reporting requirements, the FAA

recognizes that aircraft maintained in accordance with part 135 may

operate under part 91 at times; however, all part 135 reporting

requirements would apply as long as the aircraft is maintained under

part 135.

Reporting requirements would be revised for each of the proposed

sections to standardize report information. Required reporting

information would be revised to include total aircraft flight time to

aid in evaluating corrosion and aircraft structural fatigue. In

addition, the amount of elapsed time since the last maintenance

performed on components would be added to determine how long components

have been in service. Information on manufacturer's part numbers and

serial numbers would be added to develop trend information. Reporting

procedures would also be revised to encourage the electronic

transmission of data directly to a centralized collection point as

specified by the FAA. (Presently, the data base is maintained at the

Mike Monroney Aeronautical Center.) A program that enters SDR data

electronically into the SDRS would be optional. The electronic

submission of data would provide a database that is near real-time.

Data would be uploaded and available the next business day. The

proposed rule would also provide for collecting information on aborted

or ``rejected'' takeoffs caused by the failure, malfunction, or defect

of an aircraft component or system. This information would be used to

generate statistical data for future analysis of the safety

implications such events may have on flight operations.

Sections 145.63 and 145.79 would be revised to allow parts 121,

125, 127, and 135 certificate holders to require certificated domestic

and foreign repair stations to submit the reports required under the

proposed sections of parts 121, 125, 127, and 135 on behalf of the

certificate holder when the repair station discovers a malfunction or

defect. This proposed change would eliminate the requirement for the

air carrier and the repair station to report the same problem to the

FAA. However, the air carrier would not be relieved of the

responsibility of ensuring that these reports are submitted.

The purpose of the proposed regulation would be to enhance air

carrier safety by collecting additional and more timely data that

identifies mechanical failures, malfunctions, and defects which may be

a serious hazard to the operation of an aircraft. The information

collected would be used to develop and implement corrective actions to

help prevent future occurrences of these failures, malfunctions, and

defects once they have been identified.

It should be noted that there is currently a proposal to delete

part 127 in an NPRM published in the Federal Register on March 29,

1995, regarding Commuter Operations and General Certification and

Operations Requirements (60 FR 16230). If part 127 is deleted in that

final rule as proposed, the proposed revisions to part 127 in this NPRM

will not be considered in the development of a final rule.

General Discussion of the Proposed Rule

Sections 121.703, 125.409, 127.313, and 135.415

The proposed rule would change the titles of Secs. 121.703,

127.313, and 135.415 from ``Mechanical reliability reports'' to

``Operational difficulty reports.'' The proposed rule also would change

the title of Sec. 125.409 from ``Reports of defects or unairworthy

conditions'' to ``Operational difficulty reports.'' The title change

would reflect more accurately the type of information collected, which

may be categorized as primarily operational and safety-related

information rather than reliability and failure information as is

implied by the current titles.

Sections 121.703(a)(1), 125.409(a)(1), 127.313(a)(1), and 135.415(a)(1)

Proposed Secs. 121.703(a)(1), 125.409(a)(1), 127.313(a)(1), and

135.415(a)(1) would specify that a certificate holder must report each

failure, malfunction, or defect involving any fire, rather than only

those fires that occur during flight, as is currently prescribed by the

regulations. The proposed changes would ensure that information is also

reported on fires that occur on the ground because these fires may

affect the safety of flight. In addition, the current requirement to

report whether the related fire-warning system functioned properly in

the event of a fire caused by a failure, malfunction, or defect also

would be retained by the proposed rule.

Current Secs. 121.703(a)(2), 127.313(a)(2), and 135.415(a)(2)

require certificate holders to report failures, malfunctions, or

defects concerning fires during flight that are not protected by a

related fire warning system. Proposed Secs. 121.703(a)(1),

125.409(a)(1), 127.313(a)(1), and 135.415(a)(1) would retain this

requirement because failures, malfunctions, or defects involving any

fire must be reported by the certificate holder.

Sections 121.703(a)(2), 125.409(a)(2), 127.313(a)(2), and 135.415(a)(2)

Proposed Secs. 121.703(a)(2), 127.313(a)(2), and 135.415(a)(2)

would revise current Secs. 121.703(a)(3), 127.313(a)(3), and

135.415(a)(3), respectively, which address the reporting of failures,

malfunctions, or defects involving false fire warnings during flight.

The proposed rule would require that any false fire or smoke warning

necessitating the use of emergency procedures be reported to ensure

that the certificate holder documents occurrences that have safety-of-

flight implications. This requirement also would be added to proposed

Sec. 125.409(a)(2).

Sections 121.703(a)(3), 125.409(a)(3), 127.313(a)(3), and 135.415(a)(3)

Proposed Secs. 121.703(a)(3), 127.313(a)(3), and 135.415(a)(3)

would require that information on damage to an engine, adjacent

structure, equipment, or components caused by a failure, malfunction,

or defect of an engine exhaust system be reported by the certificate

holder regardless of whether such damage occurred in flight or on the

ground. Proposed Sec. 125.409(a)(3) would add the same requirements for

operations conducted under part 125. Currently, Secs. 121.703(a)(4),

127.313(a)(4), and 135.415(a)(4) require only that the certificate

holder report to the FAA damage to an engine, adjacent structure,

equipment, or components caused by an engine exhaust system during

flight.

Sections 121.703(a)(4), 125.409(a)(4), 127.313(a)(4), and 135.415(a)(4)

Proposed Secs. 121.703(a)(4), 127.313(a)(4), and 135.415(a)(4)

would revise the current requirements in Secs. 121.703(a)(5),

127.313(a)(5), and 135.415(a)(5), respectively, by requiring that the

failure, malfunction, or defect of airplane or helicopter components

that cause an accumulation or circulation of smoke, vapor, or toxic or

noxious fumes resulting in the use of emergency

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procedures be reported. Proposed Sec. 125.409(a)(4) would add the same

requirements for operations conducted under part 125. These proposed

changes would eliminate the reporting of events that do not affect

safety by indicating that such events would have to be reported only if

emergency procedures are exercised.

The proposed change also would delete the words ``during flight.''

The proposed reporting requirement would include events that occur in

flight or on the ground and would expand the reporting of these events

to the entire aircraft. The current requirements only cover these

events if they occur in the crew compartment or passenger cabin.

Sections 121.703(a)(5), 125.409(a)(5), 127.313(a)(5), and 135.415(a)(5)

These proposed sections would combine the reporting requirements

for engine failures and shutdowns in current Secs. 121.703(a)(6),

121.703(a)(7), 121.703(a)(8), and 121.703(a)(9) into proposed

Sec. 121.703(a)(5); current Secs. 127.313(a)(6), 127.313(a)(7),

127.313(a)(8), and 127.313(a)(9) into proposed Sec. 127.313(a)(5); and

current Secs. 135.415(a)(6), 135.415(a)(7), 135.415(a)(8), and

135.415(a)(9) into proposed Sec. 135.415(a)(5). An equivalent

Sec. 125.409(a)(5) would also be added.

The proposed change would require that the certificate holder

report failures, malfunction, or defects involving all engine flameouts

and shutdowns during ground or flight operations. The proposed sections

would contain a provision to exclude intentional engine shutdowns, such

as those that occur during flight crew training, test flights, and

taxiing to reduce fuel consumption.

Sections 121.703(a)(6), 125.409(a)(6), and 135.415(a)(6)

These proposed sections would amend current Secs. 121.703(a)(10)

and 135.415(a)(10) by deleting the words ``during flight.'' The

proposed change would require that the certificate holder report the

failure, malfunction, or defect of any propeller feathering system or

the ability of the system to control overspeed events whether such

events occur during flight or on the ground. Proposed

Sec. 125.409(a)(6) would specifically state the equivalent requirement

for operations conducted under part 125.

Sections 121.703(a)(7), 125.409(a)(7), 127.313(a)(6), and 135.415(a)(7)

These proposed paragraphs would redesignate the requirements in

Sec. 121.703(a)(11) as Sec. 121.703(a)(7), Sec. 127.313(a)(9) as

Sec. 127.313(a)(6), and Sec. 135.415(a)(11) as Sec. 135.415(a)(7), and

would add new Secs. 125.409(a)(7). These requirements pertain to

reporting the failure, malfunction, or defect of a fuel or fuel-dumping

system that affects fuel flow or causes hazardous leakage in flight.

Section 127.313(a)(6) is proposed to include fuel dumping systems

because these systems are now available on some helicopters.

Sections 121.703(a)(8), 125.409(a)(8), 127.313(a)(10), and

135.415(a)(8)

The proposed rule would redesignate current paragraph

Sec. 121.703(a)(12) as Sec. 121.703(a)(8); revise current

Sec. 135.415(a)(12) and redesignate it as Sec. 135.415(a)(8); revise

Sec. 127.313(a)(10); and add new Sec. 125.409(a)(8). These sections

require the reporting of failures, malfunctions, or defects in the

operation of landing gear and landing gear doors during flight. Section

127.313(a)(10) would be revised to include equivalent requirements to

apply to helicopters that have retractable landing gear. The

requirements of current Sec. 127.313(a)(10) related to helicopter

structures that require major repairs would be moved to proposed new

Sec. 127.314. The proposed rule would also remove the term ``unwanted''

from current Sec. 135.415(a)(12) to require that any landing gear

extension or retraction, or opening or closing of landing gear doors

during flight resulting from a malfunction or defect must be reported.

This also would ensure consistency with the reporting requirements of

parts 121 and 125.

Sections 121.703(a)(9), 125.409(a)(9), 127.313(a)(11), and

135.415(a)(9)

Current Secs. 121.703(a)(13) and 135.415(a)(13) relating to

failures, malfunctions, or defects in aircraft braking components would

be revised and redesignated as proposed Secs. 121.703(a)(9) and

135.415(a)(9), respectively. The equivalent requirements would be

revised and redesignated in proposed Sec. 125.409(a)(9) to provide

consistency with parts 121 and 135. Section 127.313(a)(11) would be

revised to include the reporting of failures, malfunctions, or defects

of brake system components because wheeled helicopters are equipped

with brakes. The requirements of current Sec. 127.313(a)(11) related to

cracks, deformation, or corrosion of helicopter structures would be

moved to proposed new Sec. 127.314.

The proposed rule would change ``loss of brake actuating force'' to

``any detectable loss of brake actuating force'' to clarify the

interpretation of the term ``loss.'' Some air carriers have interpreted

the term ``loss'' to mean total loss of braking action. This proposed

rule would state that failures, malfunctions, or defects that result in

any reduced braking are events that are required to be reported,

excluding aircraft braking component malfunctions, defects, or

discrepancies that are deferrable according to the Minimum Equipment

List as provided for in Sec. 91.213.

Sections 121.703(a)(10), 125.409(a)(10), 127.313(a)(7), and

135.415(a)(10)

Proposed Secs. 121.703(a)(10), 125.409(a)(10), 127.313(a)(7), and

135.415(a)(10) would include the reporting of information relating to

aborted takeoff. Currently, air carriers are not required to report

information on aborted or ``rejected'' takeoffs. Limited information

relating to aborted takeoffs that result from an accident or incident

may be available through the FAA's Accident/Incident Data Subsystem or

the National Transportation Safety Board (NTSB). The proposed rule

would require that information on all aborted takeoffs after initiation

of the takeoff roll, resulting from a failure, malfunction, or defect

of an aircraft component or system be reported to troubleshoot problems

that may have safety-of-flight implications.

In addition, the current regulations require reporting of failures,

malfunctions, or defects occurring in aircraft components or systems

that result in any emergency action taken during flight, excluding the

shutdown of an aircraft engine. The reference to excepting engine

shutdowns in current Secs. 121.703(a)(16), 127.313(a)(12), and

135.415(a)(16) would not be included in this proposed paragraph because

the reporting of failures, malfunctions, or defects involving any

aircraft engine shutdown would be required by proposed

Secs. 121.703(a)(5), 127.313(a)(5), and 135.415(a)(5), respectively.

Sections 121.703(a)(11), 125.409(a)(11), 127.313(a)(9), and

135.415(a)(11)

The proposed paragraphs would revise current Sec. 121.703(a)(17)

and redesignate it as Sec. 121.703(a)(11); add new Sec. 125.409(a)(11);

and revise current Secs. 127.313(a)(9) and 135.415(a)(11). The proposed

rule would state that a failure of individual components that does not

affect the operation of an aircraft's emergency evacuation system or

components, exit doors, passenger evacuation lighting systems, or

evacuation equipment need not be reported. The proposed rule also would

state that failures, malfunctions, or defects that are deferrable

according to the Minimum Equipment List as provided for in Sec. 91.213

need not be reported. This proposed change would

[[Page 41996]]

allow the exclusion of an item failure, such as a burned out reading

light bulb, provided that such a failure would not affect the integrity

of any of the systems and components described above.

Sections 121.703(c), 125.409(c), 127.313(c), and 135.415(c)

The proposed rule would revise current Secs. 121.703(c),

127.313(c), and 135.415(c), and would add new Sec. 125.409(c). These

sections would extend the reporting requirements of a failure,

malfunction, or defect in any aircraft to the aircraft, aircraft

systems, components, and powerplants. These items have been added to

require that reports of failures, malfunctions, or defects that

endanger safe aircraft operation must include those that occurred

throughout the aircraft as well as all of those that involve the

aircraft's subassemblies.

Sections 121.703(d), 125.409(d), 127.313(d), and 135.415(d)

Under the proposed rule, each report of the occurrence or detection

of a failure or defect for a 24-hour period still would be required to

be submitted within 72 hours. However, this proposed rule would revise

the current requirements in Secs. 121.703(d), 127.313(d), and

135.415(d) by replacing the terms ``send,'' ``mailed,'' or

``delivered'' with the term ``submit.'' An equivalent Sec. 125.409(d)

would also be added that revises the reporting requirements currently

found in Sec. 125.409(b). This change would allow for the use of other

means, such as electronic transmission via telephone facsimile or

computer modem, to submit reports to the FAA. In addition, these

proposed sections would change the location for submitting reports from

the FAA Flight Standards District Office (FSDO) charged with the

overall inspection of the certificate holder to a centralized

collection point as specified by the FAA. However, the certificate

holder would be required to make the operational difficulty report

(ODR) data available to the FSO for examination at the time it is

submitted to the FAA in a form and manner acceptable to the

Administrator. This change would allow PMI's to remain informed of ODR

activity and improve the timeliness of FAA processing of the data.

Currently, Sec. 135.415(d) contains provisions for aircraft

operating in areas where mail is not collected, thereby preventing

mailing within the required 72 hours. In such cases, the reports are

required to be submitted within 24 hours after the aircraft returns to

a point where mail is collected. This provision also would be included

in proposed Sec. 125.409(d) because part 125 certificate holders often

have remote operations similar to certain part 135 certificate holders.

Sections 121.703(e), 125.409(e), 127.313(e), and 135.415(e)

These proposed sections would revise the current reporting

requirements of Secs. 121.703(e), 127.313(e), and 135.415(e), and would

add new reporting requirements in proposed Sec. 125.409(e) to ensure

reporting consistency. Current requirements of Secs. 121.703(e),

127.313(e), and 135.415(e) allow the certificate holder to submit

reports in a manner and form convenient to the certificate holder. The

proposed changes would standardize reporting requirements and would

explicitly provide for electronic reporting.

Section 121.703(e) specifies that information detailed in

paragraphs (e)(1) through (e)(6) is mandatory and that information

detailed in paragraphs (e)(7) through (e)(9) is desirable additional

information. Additional available information may be submitted at a

later date by resubmitting the ODR under its original Operator Control

number as assigned by the FAA. This action would provide the FAA with

additional data. Using the original Operator Control number would

overwrite the original ODR with the additional available data.

The FAA would require that the following additional information be

reported: aircraft serial number; station where the discrepancy was

detected; FAA-modified Air Transport Association (ATA) Specification

100 code; and aircraft total time and total cycles. A current reporting

item, ``type'', has been replaced by manufacturer and model. The

addition of these items would increase the effectiveness of operational

difficulty reporting and possible tracking of equipment. In addition,

the FAA is developing a reporting form, FAA Form No. 8070-2 (see Figure

1), to standardize reporting.

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Reporting items that pertain to engine or component serial numbers

and the time since the last maintenance of a component have been added

to the reporting requirements. These items, along with the current

requirement to report the emergency procedure effected, would be

considered desirable information. The reporting of this information

would be beneficial; however, collection of this information should not

delay the submission of new reports.

The proposed rule would delete current Secs. 121.703(g) and

121.703(h); Secs. 127.313(g) and 127.313(h); and Secs. 135.415(g) and

135.415(h). Current Secs. 121.703(g), 127.313(g), and 135.415(g)

contain provisions for air carriers to submit a report even when all of

the information required is not available. Current Secs. 121.703(h),

127.313(h), and 135.415(h) contain provisions for air carriers to

submit supplemental reports when they obtain additional report

information. These paragraphs would be deleted because proposed

Secs. 121.703(e), 127.313(e), and 135.415(e) would require that the

following information be included on all reports: manufacturer, model,

serial number, and identification number of the aircraft; operator

name; date; flight number; station; stage of flight when the failure,

malfunction, or defect occurred: the nature of the failure,

malfunction, or defect; the FAA-modified ATA code; and the aircraft

total time and total cycles. In addition, proposed Secs. 121.703(d),

125.409(d), 127.313(d), and 135.415(d) would require that the report be

submitted with the 72-hour period. Therefore, the submission of an

incomplete report as currently permitted under Secs. 121.703(g),

127.313(g), and 135.415(g) would not meet the intent of the proposed

rule. Further, the provision for the submission of any additional data

as specified in current Secs. 121.703(h), 127.313(h), and 135.415(h)

would be unnecessary and might add information to SDRS that is not

safety related.

Sections 121.703(f), 125.409(f), 127.313(f), and 135.415(f)

Sections 121.703(f), 127.313(f), and 135.415(f) currently state

that certificate holders that also hold Type Certificates (TC)

(including Supplemental Type Certificates (STC)), Parts Manufacturer

Authorization (PMA), or Technical Standard Order (TSO) authorization,

or who are licensees of TC, need not report failures, malfunctions, or

defects under these sections if the failures are reported under

Sec. 21.3 or under part 830 of the NTSB regulations (49 CFR 830). An

equivalent Sec. 125.409(f) would be added to provide consistency with

parts 121, 127, and 135. In addition, Secs. 121.703(f), 127.313(f), and

135.415(f) would be revised by deleting an obsolete reference to

Sec. 37.17. Part 37 was removed effective September 9, 1980.

Sections 121.703(g), 125.409(g), 127.313(g), and 135.415(g)

These proposed paragraphs would allow parts 121, 125, 127, and 135

certificate holders to require a certificated domestic or foreign

repair station to report a failure, malfunction, or defect discovered

by the repair station. Currently, when a repair station finds a

failure, malfunction, or defect, this information is reported by both

the repair station under Sec. 145.63(a) or Sec. 145.79(c), as

appropriate, and the part 121, 125, 127, or 135 certificate holder.

Therefore, information about the same problem is reported twice to the

FAA. The proposed revision is intended to eliminate these duplicate

reports. However, the certificate holder would not be relieved of the

responsibility to ensure that these reports are submitted. The proposed

rule would require that the part 121, 125, 127, or 135 certificate

holder receive a copy of the report submitted by the repair station.

Sections 121.704(a)(1), 125.410(a)(1), 127.314(a)(1), and 135.416(a)(1)

The proposed rule would revise and incorporate the reporting

requirements relating to defects in aircraft structures of current

Secs. 121.703(a)(14) and 121.703(a)(15) into Sec. 121.704(a)(1); of

current Secs. 127.313(a)(10) and 127.313(a)(11) into

Sec. 127.314(a)(1); and of current Secs. 135.415(a)(14) and

135.415(a)(15) into Sec. 135.416(a)(1). An equivalent

Sec. 125.410(a)(1) also would be added. Proposed Secs. 121.704(a)(1),

125.410(a)(1), 127.314(a)(1), and 135.416(a)(1) would contain

provisions for reporting information relevant to structural defects of

aging aircraft and corrosion protection. The required reporting would

focus on discrepancies found in primary structural or principal

structural elements relating to corrosion that exceed the

manufacturer's Maintenance Manual (MM) allowable limits. As used in

this paragraph, the MM includes the aircraft's Structural Repair Manual

and other manufacturer's documents, which set forth maintenance

requirements.

Sections 121.704(a)(2), 125.410(a)(2), 127.314(a)(2), and 135.416(a)(2)

These proposed sections would revise the reporting requirements for

parts 121, 127, and 135, and would add reporting requirements for part

125, for cracks detected only in a primary structure or principal

structural element that require the repair or replacement of the

structural element. Currently, Secs. 121.703(a)(15), 127.313(a)(11),

and 135.415(a)(15) require reporting of all cracks in aircraft

structures even if the location and size of the crack do not have

safety-of-flight implications.

Sections 121.704(a)(3), 125.410(a)(3), 127.314(a)(3), and 135.416(a)(3)

These proposed sections would include a reporting requirement for

the detection of disbonding of any primary structure or principal

structural element. Currently, air carriers may report disbonding in

accordance with Sec. 121.703(c), 127.313(c), or 135.415(c); however,

this requirement should be explicit because reporting of disbonding

defects is necessary in the early identification of safety-of-flight

issues associated with aging aircraft.

Sections 121.704(a)(4), 125.410(a)(4), 127.314(a)(4), and 135.416(a)(4)

These proposed sections would require air carriers to report

failures or defects of primary structure or principal structural

elements when data developed by a Designated Engineering Representative

(DER), under SFAR-36, or other approved repair data that is not found

in the manufacturer's MM is used to accomplish the repair.

Some air carriers are uncertain about whether the subsequent

detection of the same failure or defect must be reported when the

failure or defect was repaired using DER, SFAR-36, or other approved

non-MM repair data. The proposed rule would explicitly require that air

carriers shall report each and every occurrence of a failure or defect

repaired in accordance with DER-approved or other non-MM repair data.

Some Part 135 aircraft may not have Structural Repair Manuals

(SRM). Repairs accomplished within the limits of SRM's or MM are not

reportable. Repairs developed outside these approved data sources are

reportable whether the accepted or approved data is developed by a DER,

under SFAR 36, or other approved repair data.

Sections 121.704(a)(5), 125.410(a)(5), 127.314(a)(5), and 135.416(a)(5)

These proposed sections would require the collection of information

on any discrepancies found in primary structure or principal structural

elements comprised of composite materials. The specific reporting of

failures and defects of new and emerging technologies used in the

manufacturing of aircraft structures is necessary in the early

identification and

[[Page 41999]]

resolution of problems that may have an adverse effect on safety.

Sections 121.704(b), 125.410(b), 127.314(b), and 135.416(b)

The proposed sections would require that in addition to the reports

required by proposed Secs. 121.704(a), 125.410(a), 127.314(a), and

135.416(a), certificate holders would be required to report any other

failure or defect that occurs or is detected in an aircraft structure

if, in the opinion of the certificate holder, the failure or defect has

endangered or may endanger the safe operation of any aircraft.

Sections 121.704(c), 125.410(c), 127.314(c), and 135.416(c)

These proposed sections would require that each report be submitted

to a centralized collection point specified by the FAA within the

required reporting period. Currently, Service Difficulty Reports are

submitted to the FAA FSDO charged with the overall inspection of the

certificate holder. However, under the proposal, the certificate holder

would be required to make the SDR data available to the FSDO for

examination within the time limits specified above in a form and manner

acceptable to the Administrator. This would allow PMI's to remain

informed of SDR activity, improve the timeliness of FAA processing of

the data, and increase the data's availability for analysis. This

proposed section also would allow for the use of other means, such as

electronic transmission via telephone facsimile or computer modem, to

submit reports to the FAA to increase the timeliness of reporting.

Proposed Secs. 125.410(c) and 135.416(c) would include provisions

for aircraft operating in areas where mail is not collected, thereby

preventing mailing within the required 72 hours. In such cases, the

reports would be required to be submitted within 72 hours after the

aircraft returns to a point where mail is collected.

Sections 121.704(d), 125.410(d), 127.314(d), and 135.416(d)

Under the proposed rule, reports of structural problems would

require information on: manufacturer, model, serial number, and

registration number of the aircraft; operator name; nature of failure

or defect and its location; FAA-modified ATA code; aircraft total time

and cycles; and the date and station where the certificate holder found

the discrepancy. Optional information would include the identification

of the manufacturer's part number or the serial number of the part or

component and the time since the last maintenance overhaul, repair, or

inspection. To promote standardized reports, the FAA is currently

revising a reporting form, FAA Form No. 8070-3 (see Figure 2).

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Sections 121.704(e), 125.410(e), 127.314(e), and 135.416(e)

These proposed sections would include the current provisions of

Secs. 121.703(f), 127.313(f), and 135.415(f), which relieve a holder of

a Type Certificate, Supplemental Type Certificate, Parts Manufacturer

Approval (PMA), a TSO Authorization, or the licensee of a Type

Certificate from reporting any failure, malfunction, or defect under

this section if reports are submitted on the same failure, malfunction,

or defect under Sec. 21.3 or under the accident reporting provisions of

Part 830 of the NTSB regulations. Proposed Sec. 125.410(e) would

include a similar provision.

Sections 121.704(f), 125.410(f), 127.314(f), and 135.416(f)

These proposed sections would allow parts 121, 125, 127, and 135

certificate holders to delegate to a certificated repair station the

task of reporting the detection of a failure, malfunction, or defect

discovered by the repair station. Currently, when a repair station

finds a failure, malfunction, or defect, this information is reported

by both the repair station under Sec. 145.63(a) or Sec. 145.79(c), as

appropriate, and the part 121, 125, 127, or 135 certificate holder.

This proposed section would eliminate duplicate reporting of the same

failures or defects but would not relieve the certificate holder of the

responsibility for ensuring that the report is submitted to the FAA. In

addition, the proposed rule would require that the certificate holder

receive a copy of the report submitted by the repair station.

Sections 121.705, 127.315, and 135.417

Under the proposal, Secs. 121.705(a), 127.315(a), and 135.417(a)

would remain in effect, requiring that operators report to the

Administrator interruptions to flights, unscheduled changes of aircraft

en route, or unscheduled stops or diversions from routes, caused by

known or suspected mechanical difficulties or malfunctions that are not

required to be reported under proposed Secs. 121.703 and 121.704,

127.313 and 127.314, and 135.415 and 135.416, respectively. The

requirements of current Secs. 121.705 (b) and (c), 127.315(b), and

135.417(b) would be deleted because this is reliability data and does

not have safety-of-flight implications. In addition, these items

currently are required to be monitored under Sec. 121.373, 127.136, and

135.431.

Sections 125.409(b) and 127.313(b)

Under the proposal, Sec. 127.313(b) would be corrected to state

that, for the purposes of this section, during flight means the period

from the moment the helicopter leaves the surface of the earth on

(rather than ``or'') takeoff until it touches down on landing. An

equivalent paragraph would also be added to Sec. 125.409(b).

Section 127.313(a)(8)

The proposed rule would redesignate current Sec. 127.313(a)(13) as

Sec. 127.313(a)(8). This paragraph concerns main rotor and auxiliary

rotor systems.

Sections 145.63 and 145.79

The proposed rule would revise Secs. 145.63 and 145.79 to allow

certificated domestic and foreign repair stations, respectively, to be

delegated by a part 121, 125, 127, or 135 certificate holder to submit

operational and structural difficulty reports to the FAA on behalf of

the certificate holder. A repair station would submit these reports, as

delegated, when it discovers a defect or unairworthy condition of an

aircraft, powerplant, propeller, or any component thereof. When a

certificated repair station submits a report for a part 121, 125, 127,

or 135 certificate holder, the repair station would not be required to

submit a separate report under Sec. 145.63(a) or 145.79(c), as

appropriate.

Currently, when a certificated repair station finds a defect or

unairworthy condition, the repair station and the part 121, 125, 127,

or 135 certificate holder report the condition or defect to the FAA.

The proposed rule would require that only one report be submitted in

such circumstances.

Paperwork Reduction Act Approval

The reporting burden associated with parts 121, 125, 127, 135, and

145 of the Federal Aviation Regulations has been approved by OMB under

control numbers 2120-003, 2120-008, 2120-0010, 2120-0039, and 2120-

0085.

This NPRM proposes to clarify the reporting burden. The

clarification may cause a reduction in burden, because it may lead to a

reduction in redundancy of reporting. Some 125 certificate holders may

have a slight reduction in reporting. There are minimal additional

reporting requirements associated with this proposed rule.

Regulatory Evaluation Summary

Executive Order 12866 established the requirement that, within the

extent permitted by law, a Federal regulatory action may be undertaken

only if the potential benefits to society for the regulation outweigh

the potential costs to society. In response to this requirement, and in

accordance with Department of Transportation (DOT) policies and

procedures, the FAA has estimated the anticipated benefits and costs of

this rulemaking action. The FAA has determined that this proposed rule

is not a ``significant rulemaking action,'' as defined by Executive

Order 12866 (Regulatory Planning and Review), and is not considered

significant under DOT Order 2100.5, Policies and Procedures for

Simplification, Analysis, and Review of Regulations. The anticipated

costs and benefits associated with this proposed rule are stated below.

The total number of reports submitted to the FAA is not expected to

change substantially. Although more specific and detailed reports will

generally be required, the clarification of reporting requirements

should expedite the reporting process. Therefore, the costs of

complying with the proposed rule change are not expected to differ

significantly from the costs of complying with the present

requirements. Increases in the volume of some types of reports are

expected to be offset by decreases in the volume of other types of

reports. New requirements to report on-ground incidents that may have

implications for flight safety and those pertaining to aging aircraft

issues should increase the volume of reports. Other provisions,

however, such as the elimination of duplicate reporting by the air

carriers and repair stations and the elimination of reports involving

issues of reliability (e.g., unscheduled stops or diversions from

routes), would reduce the number of required reports. In addition, Part

125 operators would not be required to report as many incidents as is

currently required. The FAA believes that the increased and decreased

reporting requirements are offsetting but invites comments from the

public regarding the validity of this assumption.

The purpose of the proposed rule is to enhance air carrier safety

by clarifying and standardizing reporting requirements and facilitating

the timely flow of information to the FAA. These data identify

mechanical problems that may be a serious hazard to the operation of an

aircraft. The information collected would be used to develop corrective

actions to eliminate the identified problems. Increased standardization

of these reports should make it easier for FAA personnel to interpret

their significance, thereby reducing the number of manhours devoted by

the FAA to processing and interpreting the information gleaned from

these reports.

One major safety benefit would result from the clarification of

reporting requirements that specifically address structural defects

normally associated with aging aircraft. Another benefit

[[Page 42002]]

would derive from the new requirement that air carriers report problems

that occur during ground operations that could affect flight safety.

The proposed rule would also explicitly permit the submission of

the required reports in an electronic form. Electronic submission of

data will give the FAA more timely information, thereby permitting

earlier recognition of significant trends. In addition, the allowance

of electronic reporting should reduce the processing and storage costs

of the air carriers. The costs of duplicating these reports, mailing

them to the FAA, and record-keeping should all be reduced. Because of

the negligible nature of many of these processing costs, however, any

cost-savings should be quite minor. In addition, the need for FAA-

compatible equipment/software may dilute some of these cost-savings, at

least initially. The FAA invites comments from the industry regarding

the potential magnitude of these cost-savings.

Regulatory Flexibility Determinations

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by government regulations. The RFA requires

agencies to review rules that may have a ``significant economic impact

on a substantial number of small entities.''

Under FAA Order 2100.14A, the criterion for a ``substantial

impact'' is a number that is not less than 11 and that is more than one

third of the small entities subject to the rule. For operators of

aircraft for hire, a small operator is one that owns, but not

necessarily operates, nine or fewer aircraft. The FAA's criterion for a

``significant impact'' is $116,300 or more per year for a scheduled

operator whose entire fleet has a seating capacity of 60 seats or more,

$65,000 for a scheduled operator with a fleet including smaller

aircraft, and $4,600 or more for an unscheduled operator.

Any incremental costs or cost-savings per operator are likely to be

nominal, however, for reasons previously noted. The FAA has therefore

determined that the proposed rule would not have a significant impact

on a substantial number of small entities. The FAA solicits comments

from the affected segment of the aviation industry regarding the

possible extent of any cost impacts.

International Trade Impact Assessment

The incremental costs and cost savings associated with the proposed

rule changes are not significant enough to result in relative trade

advantages to either U.S. or foreign entities. Therefore, the FAA has

determined that they would have no impact on the sale of foreign

products domestically, or the sale of U.S. products in foreign markets.

Federalism Implications

The regulations proposed herein will not have substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposed rule would not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and International

Trade Impact Analysis, the FAA has determined that this proposed

regulation is not a significant regulatory action under Executive Order

12866. In addition, the FAA certifies that this proposal, if adopted,

will not have a significant economic impact, positive or negative, on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act. This proposal is not considered significant

under DOT Order 2100.5, Policies and Procedures for Simplification,

Analysis, and Review of Regulations. The FAA has determined that a

separate regulatory evaluation is not needed for this proposal, and all

information related to the costs and benefits, including an initial

Regulatory Flexibility Determination and an International Trade Impact

Analysis, is included in this document under the heading ``Regulatory

Evaluation Summary.''

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and

recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

Aircraft, Aviation safety, Reporting and recordkeeping

requirements, Safety.

14 CFR Part 127

Air carriers, Aircraft, Aviation safety, Helicopters, Reporting and

recordkeeping requirements.

14 CFR Part 135

Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping

requirements.

14 CFR Part 145

Aircraft, Aviation safety, Reporting and recordkeeping

requirements.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR parts 121, 125, 127, 135, and

145 of the Federal Aviation Regulations as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND

SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE

AIRCRAFT

1. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-

1430, 1472, 1485, and 1502; 49 U.S.C. 106(g).

2. Section 121.703 is amended by revising the heading and

paragraphs (a), (c), (d), (e), (f), and (g) and by removing paragraph

(h) to read as follows:

Sec. 121.703 Operational difficulty reports.

(a) Each certificate holder shall report the occurrence or

detection of each failure, malfunction, or defect concerning--

(1) Any fire and, when monitored by a related fire-warning system,

whether the fire-warning system functioned properly;

(2) Any false fire or smoke warnings that require the use of

emergency procedures;

(3) An engine exhaust system that causes damage to the engine,

adjacent structure, equipment, or components;

(4) An aircraft component that causes the accumulation or

circulation of smoke, vapor, or toxic or noxious fumes requiring the

use of emergency procedures;

(5) Any engine flameout or shutdown during ground or flight

operations, excluding intentional engine shutdowns during such

operations (e.g., flight crew training, test flights, or while taxiing

to reduce fuel consumption);

(6) A propeller feathering system or ability of the system to

control overspeed;

(7) A fuel or fuel-dumping system that affects fuel flow or causes

hazardous leakage during flight;

(8) A landing gear extension or retraction or the opening or

closing of landing gear doors during flight;

(9) Any brake system component that results in any detectable loss

of brake actuating force when the aircraft is in motion on the ground,

excluding failures, malfunctions, or defects that are deferrable

according to the

[[Page 42003]]

Minimum Equipment List as provided for in Sec. 91.213;

(10) Any aircraft component or system that results in aborted

takeoffs after initiation of the takeoff roll or the taking of

emergency actions during flight; and

(11) Any emergency evacuation system or component including any

exit door, passenger emergency evacuation lighting system, or

evacuation equipment that is found to be defective, or that fails to

perform the intended function during an actual emergency or during

training, testing, maintenance, demonstrations, or inadvertent

deployments, excluding failures, malfunctions, or defects that are

deferrable according to the Minimum Equipment List as provided for in

Sec. 91.213.

(b) * * *

section, each certificate holder shall report any other failure,

malfunction, or defect in an aircraft, system, component, or powerplant

that occurs or is detected at any time if, in its opinion, that

failure, malfunction, or defect has endangered or may endanger the safe

operation of an aircraft.

(d) Each certificate holder shall submit each report required by

this section, covering each 24-hour period beginning at 0900 local time

of each day and ending at 0900 local time on the next day, to a

centralized collection point as specified by the FAA. Each certificate

holder also shall make the report data available for examination by the

Flight Standards District Office charged with the overall inspection of

the certificate holder in a form and manner acceptable to the

Administrator. Each report of occurrences during a 24-hour period shall

be submitted to the FAA within the next 72 hours. However, a report

that is due on Saturday or Sunday may be submitted on the following

Monday, and one that is due on a holiday may be submitted on the next

work day.

(e) The certificate holder shall submit the reports required by

this section in an electronic form or another form acceptable to the

Administrator. The reports shall include the information listed in

paragraphs (e)(1) through (e)(6) of this section and should include as

much information that is available for paragraphs (e)(7) through (e)(9)

of this section:

(1) Manufacturer, model, serial number, and registration number of

the aircraft.

(2) The name of the operator.

(3) The date; flight number; station where the failure,

malfunction, or defect was detected; and the stage during which the

failure, malfunction, or defect occurred (e.g., preflight, taxi,

takeoff, climb, cruise, descent, approach, landing, or inspection).

(4) The nature of the failure, malfunction, or defect.

(5) The applicable FAA modified Air Transport Association

Specification 100 code (ATA code).

(6) The aircraft total time and total cycles.

(7) The engine or component serial number.

(8) The emergency procedure effected.

(9) Identification of the part and system involved, including

available information pertaining to type designation of the major

component and the time since the last maintenance overhaul, repair, or

inspection.

(f) A certificate holder that is also the holder of a Type

Certificate (including a Supplemental Type Certificate), a Parts

Manufacturer Approval (PMA), or a Technical Standard Order (TSO)

authorization, or that is a licensee of a Type Certificate, need not

report a failure, malfunction, or defect under this section if the

certificate holder has reported the failure, malfunction, or defect

under Sec. 21.3 of this chapter or under the accident reporting

provisions of part 830 of the regulations of the National

Transportation Safety Board.

(g) A report required by this section may be submitted by a

certificated repair station when the reporting task has been assigned

to it by a part 121 certificate holder. However, the part 121

certificate holder remains primarily responsible for ensuring

compliance with the provisions of this section. The part 121

certificate holder shall receive a copy of each report submitted by the

repair station.

3. Section 121.704 is added to read as follows:

Sec. 121.704 Structural difficulty reports.

(a) Each certificate holder shall report the occurrence or

detection of each failure or defect of each primary structure or

principal structural element, as defined in the manufacturer's

Maintenance Manual, which includes the aircraft's Structural Repair

Manual, related to--

(1) Corrosion that requires rework or blendout that exceeds the

manufacturer's Maintenance Manual (MM) allowable limits and requires a

repair or a complete or partial replacement of a primary structure or

principal structural element;

(2) Cracks that require a repair or a complete or partial

replacement of a primary structure or principal structural element;

(3) Disbonding that requires a repair or a complete or partial

replacement of a primary structure or principal structural element;

(4) Failures or defects repaired in accordance with data approved

by a Designated Engineering Representative (DER) or other approved data

not contained in the manufacturer's MM; and

(5) Any crack, fracture, or delamination of a primary structure or

principal structural element composed of composite materials.

(b) In addition to the reports required by paragraph (a) of this

section, each certificate holder shall report any other failure or

defect in aircraft structure that occurs or is detected at any time if,

in its opinion, that failure or defect has endangered or may endanger

the safe operation of any aircraft.

this section covering such 24-hour period beginning at 0900 local time