Document
Federal Aviation Administration, DOT § 39.7 each of the reference masses defined in 39.11 What actions do airworthiness direc- § 38.13(b): tives require?
A38.6.3.1 Airspeed, ground speed and true 39.13 Are airworthiness directives part of airspeed; the Code of Federal Regulations?
A38.6.3.2 Fuel flow; 39.15 Does an airworthiness directive apply A38.6.3.3 Pressure altitude; if the product has been changed?
A38.6.3.4 Static air temperature; 39.17 What must I do if a change in a prod- A38.6.3.5 Airplane gross mass and CG for uct affects my ability to accomplish the each test point; actions required in an airworthiness di- A38.6.3.6 Levels of electrical and mechan- rective?
ical power extraction and bleed flow; 39.19 May I address the unsafe condition in A38.6.3.7 Engine performance; a way other than that set out in the air- A38.6.3.7.1 For jet airplanes, engine power worthiness directive?
setting; or 39.21 Where can I get information about A38.6.3.7.2 For propeller-driven airplanes, FAA-approved alternative methods of shaft horsepower or engine torque, and pro- compliance?
peller rotational speed; A38.6.3.8 Fuel lower heating value; 39.23 May I fly my aircraft to a repair facil- A38.6.3.9 When volumetric fuel flow meters ity to do the work required by an air- are used, fuel specific gravity and kinematic worthiness directive?
viscosity (see section A38.4.2.1.5. of this ap- 39.25 How do I get a special flight permit?
pendix); 39.27 What do I do if the airworthiness di- A38.6.3.10 The cumulative error (RSS) of rective conflicts with the service docu- the overall measurement system (see section ment on which it is based?
A38.5.1.7 of this appendix); AUTHORITY : 49 U.S.C. 106(g), 40113, 44701.
A38.6.3.11 Heading, track and latitude; A38.6.3.12 Stability criteria (see section S OURCE : Docket No. FAA–2000–8460, 67 FR A38.4.2.2.2 of this appendix); and 48003, July 22, 2002, unless otherwise noted.
A38.6.3.13 Description of the instruments and devices used to acquire the data needed § 39.1 Purpose of this regulation.
for the determination of SAR, and the indi- vidual accuracies of the equipment relevant The regulations in this part provide a to their effect on SAR (see sections A38.5.1.6 legal framework for FAA’s system of and A38.5.1.7 of this appendix).
Airworthiness Directives.
A38.6.4 Calculations and Corrections of SAR Test Data to Reference Specifications.
§ 39.3 Definition of airworthiness di- The measured SAR test data, all corrections rectives.
of the measured data to the reference speci- fications, and the SAR values calculated FAA’s airworthiness directives are from the corrected data must be provided for legally enforceable rules that apply to each of the test measurement points.
the following products: aircraft, air- A38.6.5 Calculated Values. The following craft engines, propellers, and appli- values must be provided for each airplane ances.
used to establish fuel efficiency certification in accordance with this part: A38.6.5.1 SAR (km/kg) for each reference § 39.5 When does FAA issue airworthi- airplane mass and the associated 90 percent ness directives?
confidence interval; FAA issues an airworthiness direc- A38.6.5.2 Average of the 1/SAR values; tive addressing a product when we find A38.6.5.3 RGF; and that: A38.6.5.4 Fuel efficiency metric value.
(a) An unsafe condition exists in the product; and PART 39—AIRWORTHINESS (b) The condition is likely to exist or DIRECTIVES develop in other products of the same type design.
Sec.
39.1 Purpose of this regulation.
§ 39.7 What is the legal effect of failing 39.3 Definition of airworthiness directives.
to comply with an airworthiness di- 39.5 When does FAA issue airworthiness di- rective?
rectives?
39.7 What is the legal effect of failing to Anyone who operates a product that comply with an airworthiness directive?
does not meet the requirements of an 39.9 What if I operate an aircraft or use a applicable airworthiness directive is in product that does not meet the require- ments of an airworthiness directive? violation of this section.
14 CFR Ch. I (1–1–25 Edition) § 39.9 § 39.9 What if I operate an aircraft or § 39.17 What must I do if a change in a use a product that does not meet product affects my ability to accom- plish the actions required in an air- the requirements of an airworthi- worthiness directive?
ness directive?
If a change in a product affects your If the requirements of an airworthi- ability to accomplish the actions re- ness directive have not been met, you quired by the airworthiness directive violate § 39.7 each time you operate the in any way, you must request FAA ap- aircraft or use the product.
proval of an alternative method of compliance. Unless you can show the § 39.11 What actions do airworthiness change eliminated the unsafe condi- directives require?
tion, your request should include the Airworthiness directives specify in- specific actions that you propose to ad- spections you must carry out, condi- dress the unsafe condition. Submit tions and limitations you must comply your request in the manner described with, and any actions you must take to in § 39.19.
resolve an unsafe condition.
§ 39.19 May I address the unsafe condi- tion in a way other than that set § 39.13 Are airworthiness directives out in the airworthiness directive?
part of the Code of Federal Regula- tions?
Yes, anyone may propose to FAA an alternative method of compliance or a Yes, airworthiness directives are part change in the compliance time, if the of the Code of Federal Regulations, but proposal provides an acceptable level of they are not codified in the annual edi- safety. Unless FAA authorizes other- tion. FAA publishes airworthiness di- wise, send your proposal to your prin- rectives in full in the F EDERAL REG - cipal inspector. Include the specific ac- ISTER as amendments to § 39.13.
tions you are proposing to address the unsafe condition. The principal inspec- E DITORIAL N OTE : For a complete list of ci- tations to airworthiness directives published tor may add comments and will send in the F EDERAL R EGISTER , consult the fol- your request to the manager of the of- lowing publications: For airworthiness direc- fice identified in the airworthiness di- tives published in the F EDERAL R EGISTER rective (manager). You may send a since 2001, see the entries for 14 CFR 39.13 in copy to the manager at the same time the List of CFR Sections Affected, which ap- you send it to the principal inspector.
pears in the ‘‘Finding Aids’’ section of the If you do not have a principal inspector printed volume and at www.govinfo.gov. For send your proposal directly to the man- citations to prior amendments, see the en- ager. You may use the alternative you tries for 14 CFR 39.13 in the separate publica- propose only if the manager approves tions List of CFR Sections Affected, 1973– it.
1985, List of CFR Sections Affected, 1964–1972, and List of CFR Sections Affected, 1986–2000, § 39.21 Where can I get information and the entries for 14 CFR 507.10 in the List about FAA-approved alternative of Sections Affected, 1949–1963. See also the methods of compliance?
annual editions of the Federal Register Index Each airworthiness directive identi- for subject matter references and citations fies the office responsible for approving to FAA airworthiness directives.
alternative methods of compliance.
That office can provide information § 39.15 Does an airworthiness directive apply if the product has been about alternatives it has already ap- changed? proved.
Yes, an airworthiness directive ap- § 39.23 May I fly my aircraft to a re- plies to each product identified in the pair facility to do the work re- airworthiness directive, even if an indi- quired by an airworthiness direc- tive?
vidual product has been changed by modifying, altering, or repairing it in Yes, the operations specifications the area addressed by the airworthi- giving some operators authority to op- ness directive. erate include a provision that allow them to fly their aircraft to a repair fa- cility to do the work required by an Federal Aviation Administration, DOT § 43.1 § 135.411(a)(1), and § 135.419 of this chap- airworthiness directive. If you do not ter).
have this authority, the local Flight 43.10 Disposition of life-limited aircraft Standards District Office of FAA may parts.
issue you a special flight permit unless 43.11 Content, form, and disposition of the airworthiness directive states oth- records for inspections conducted under erwise. To ensure aviation safety, FAA parts 91 and 125 and §§ 135.411(a)(1) and may add special requirements for oper- 135.419 of this chapter.
ating your aircraft to a place where the 43.12 Maintenance records: Falsification, re- repairs or modifications can be accom- production, or alteration.
plished. FAA may also decline to issue 43.13 Performance rules (general).
43.15 Additional performance rules for in- a special flight permit in particular spections.
cases if we determine you cannot move 43.16 Airworthiness Limitations.
the aircraft safely.
43.17 Maintenance, preventive maintenance, and alterations performed on U.S. aero- § 39.25 How do I get a special flight nautical products by certain Canadian permit?
persons.
Apply to FAA for a special flight per- APPENDIX A TO P ART 43—M AJOR A LTER - mit following the procedures in 14 CFR ATIONS , M AJOR R EPAIRS , AND P REVENTIVE 21.199.
MAINTENANCE APPENDIX B TO P ART 43—R ECORDING OF § 39.27 What do I do if the airworthi- M AJOR R EPAIRS AND M AJOR A LTERATIONS ness directive conflicts with the A PPENDIX C TO P ART 43 [R ESERVED ] service document on which it is A PPENDIX D TO P ART 43—S COPE AND D ETAIL based?
OF I TEMS ( AS A PPLICABLE TO THE P AR - TICULAR AIRCRAFT ) T O BE I NCLUDED IN In some cases an airworthiness direc- A NNUAL AND 100-H OUR INSPECTIONS tive incorporates by reference a manu- A PPENDIX E TO P ART 43—A LTIMETER S YSTEM facturer’s service document. In these T EST AND INSPECTION cases, the service document becomes A PPENDIX F TO P ART 43—ATC T RANSPONDER part of the airworthiness directive. In T ESTS AND I NSPECTIONS some cases the directions in the service A UTHORITY : 42 U.S.C. 7572; 49 U.S.C. 106(f), document may be modified by the air- 106(g), 40105, 40113, 44701–44702, 44704, 44707, worthiness directive. If there is a con- 44709, 44711, 44713, 44715, 45303.
flict between the service document and the airworthiness directive, you must S OURCE : Docket No. 1993, 29 FR 5451, Apr.
23, 1964, unless otherwise noted.
follow the requirements of the air- worthiness directive.
E DITORIAL N OTE : For miscellaneous tech- nical amendments to this part 43, see Amdt.
43–3, 31 FR 3336, Mar. 3, 1966, and Amdt. 43– PART 43—MAINTENANCE, PREVEN- 6, 31 FR 9211, July 6, 1966.
TIVE MAINTENANCE, REBUILD- ING, AND ALTERATION § 43.1 Applicability.
(a) Except as provided in paragraphs Sec.
(b) and (d) of this section, this part pre- 43.1 Applicability.
scribes rules governing the mainte- 43.2 Records of overhaul and rebuilding.
43.3 Persons authorized to perform mainte- nance, preventive maintenance, re- nance, preventive maintenance, rebuild- building, and alteration of any— ing, and alterations.
(1) Aircraft having a U.S. airworthi- 43.5 Approval for return to service after ness certificate; maintenance, preventive maintenance, (2) Foreign-registered civil aircraft rebuilding, or alteration.
used in common carriage or carriage of 43.7 Persons authorized to approve aircraft, mail under the provisions of Part 121 or airframes, aircraft engines, propellers, appliances, or component parts for re- 135 of this chapter; and turn to service after maintenance, pre- (3) Airframe, aircraft engines, propel- ventive maintenance, rebuilding, or al- lers, appliances, and component parts teration.
of such aircraft.
43.9 Content, form, and disposition of main- (b) This part does not apply to— tenance, preventive maintenance, re- (1) Any aircraft for which the FAA building, and alteration records (except has issued an experimental certificate, inspections performed in accordance with part 91, part 123, part 125, unless the FAA has previously issued a