844
14 CFR Ch. I (1–1–24 Edition)
Pt. 39
whichever is greater, above the reference
track and throughout the 10 dB-down time
interval.
K7.9 The tiltrotor altitude must not vary
during each flyover by more than
±
30 ft (
±
9
m) from the reference altitude throughout
the 10 dB-down time interval.
K7.10 During the approach procedure, the
tiltrotor must establish a stabilized constant
speed approach and fly between approach an-
gles of 5.5 degrees and 6.5 degrees throughout
the 10 dB-down time interval.
K7.11 During all test procedures, the
tiltrotor weight (mass) must not be less than
90 percent and not more than 105 percent of
the maximum certificated weight (mass).
For each of the test procedures, complete at
least one test at or above this maximum cer-
tificated weight (mass).
K7.12 A tiltrotor capable of carrying exter-
nal loads or external equipment must be
noise certificated without such loads or
equipment fitted
K7.13 The value of V
CON
used for noise cer-
tification must be included in the approved
Flight Manual.
[78 FR 1139, Jan. 8, 2013]
PART 39—AIRWORTHINESS
DIRECTIVES
Sec.
39.1
Purpose of this regulation.
39.3
Definition of airworthiness directives.
39.5
When does FAA issue airworthiness di-
rectives?
39.7
What is the legal effect of failing to
comply with an airworthiness directive?
39.9
What if I operate an aircraft or use a
product that does not meet the require-
ments of an airworthiness directive?
39.11
What actions do airworthiness direc-
tives require?
39.13
Are airworthiness directives part of
the Code of Federal Regulations?
39.15
Does an airworthiness directive apply
if the product has been changed?
39.17
What must I do if a change in a prod-
uct affects my ability to accomplish the
actions required in an airworthiness di-
rective?
39.19
May I address the unsafe condition in
a way other than that set out in the air-
worthiness directive?
39.21
Where can I get information about
FAA-approved alternative methods of
compliance?
39.23
May I fly my aircraft to a repair facil-
ity to do the work required by an air-
worthiness directive?
39.25
How do I get a special flight permit?
39.27
What do I do if the airworthiness di-
rective conflicts with the service docu-
ment on which it is based?
A
UTHORITY
: 49 U.S.C. 106(g), 40113, 44701.
S
OURCE
: Docket No. FAA–2000–8460, 67 FR
48003, July 22, 2002, unless otherwise noted.
§ 39.1
Purpose of this regulation.
The regulations in this part provide a
legal framework for FAA’s system of
Airworthiness Directives.
§ 39.3
Definition of airworthiness di-
rectives.
FAA’s airworthiness directives are
legally enforceable rules that apply to
the following products: aircraft, air-
craft engines, propellers, and appli-
ances.
§ 39.5
When does FAA issue airworthi-
ness directives?
FAA issues an airworthiness direc-
tive addressing a product when we find
that:
(a) An unsafe condition exists in the
product; and
(b) The condition is likely to exist or
develop in other products of the same
type design.
§ 39.7
What is the legal effect of failing
to comply with an airworthiness di-
rective?
Anyone who operates a product that
does not meet the requirements of an
applicable airworthiness directive is in
violation of this section.
§ 39.9
What if I operate an aircraft or
use a product that does not meet
the requirements of an airworthi-
ness directive?
If the requirements of an airworthi-
ness directive have not been met, you
violate § 39.7 each time you operate the
aircraft or use the product.
§ 39.11
What actions do airworthiness
directives require?
Airworthiness directives specify in-
spections you must carry out, condi-
tions and limitations you must comply
with, and any actions you must take to
resolve an unsafe condition.
§ 39.13
Are airworthiness directives
part of the Code of Federal Regula-
tions?
Yes, airworthiness directives are part
of the Code of Federal Regulations, but
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§ 39.25
they are not codified in the annual edi-
tion. FAA publishes airworthiness di-
rectives in full in the F
EDERAL
R
EG
-
ISTER
as amendments to § 39.13.
E
DITORIAL
N
OTE
: For a complete list of ci-
tations to airworthiness directives published
in the F
EDERAL
R
EGISTER
, consult the fol-
lowing publications: For airworthiness direc-
tives published in the F
EDERAL
R
EGISTER
since 2001, see the entries for 14 CFR 39.13 in
the List of CFR Sections Affected, which ap-
pears in the ‘‘Finding Aids’’ section of the
printed volume and at
www.govinfo.gov. For
citations to prior amendments, see the en-
tries for 14 CFR 39.13 in the separate publica-
tions List of CFR Sections Affected, 1973–
1985, List of CFR Sections Affected, 1964–1972,
and List of CFR Sections Affected, 1986–2000,
and the entries for 14 CFR 507.10 in the List
of Sections Affected, 1949–1963. See also the
annual editions of the Federal Register Index
for subject matter references and citations
to FAA airworthiness directives.
§ 39.15
Does an airworthiness directive
apply if the product has been
changed?
Yes, an airworthiness directive ap-
plies to each product identified in the
airworthiness directive, even if an indi-
vidual product has been changed by
modifying, altering, or repairing it in
the area addressed by the airworthi-
ness directive.
§ 39.17
What must I do if a change in a
product affects my ability to accom-
plish the actions required in an air-
worthiness directive?
If a change in a product affects your
ability to accomplish the actions re-
quired by the airworthiness directive
in any way, you must request FAA ap-
proval of an alternative method of
compliance. Unless you can show the
change eliminated the unsafe condi-
tion, your request should include the
specific actions that you propose to ad-
dress the unsafe condition. Submit
your request in the manner described
in § 39.19.
§ 39.19
May I address the unsafe condi-
tion in a way other than that set
out in the airworthiness directive?
Yes, anyone may propose to FAA an
alternative method of compliance or a
change in the compliance time, if the
proposal provides an acceptable level of
safety. Unless FAA authorizes other-
wise, send your proposal to your prin-
cipal inspector. Include the specific ac-
tions you are proposing to address the
unsafe condition. The principal inspec-
tor may add comments and will send
your request to the manager of the of-
fice identified in the airworthiness di-
rective (manager). You may send a
copy to the manager at the same time
you send it to the principal inspector.
If you do not have a principal inspector
send your proposal directly to the man-
ager. You may use the alternative you
propose only if the manager approves
it.
§ 39.21
Where can I get information
about FAA-approved alternative
methods of compliance?
Each airworthiness directive identi-
fies the office responsible for approving
alternative methods of compliance.
That office can provide information
about alternatives it has already ap-
proved.
§ 39.23
May I fly my aircraft to a re-
pair facility to do the work re-
quired by an airworthiness direc-
tive?
Yes, the operations specifications
giving some operators authority to op-
erate include a provision that allow
them to fly their aircraft to a repair fa-
cility to do the work required by an
airworthiness directive. If you do not
have this authority, the local Flight
Standards District Office of FAA may
issue you a special flight permit unless
the airworthiness directive states oth-
erwise. To ensure aviation safety, FAA
may add special requirements for oper-
ating your aircraft to a place where the
repairs or modifications can be accom-
plished. FAA may also decline to issue
a special flight permit in particular
cases if we determine you cannot move
the aircraft safely.
§ 39.25
How do I get a special flight
permit?
Apply to FAA for a special flight per-
mit following the procedures in 14 CFR
21.199.
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14 CFR Ch. I (1–1–24 Edition)
§ 39.27
§ 39.27
What do I do if the airworthi-
ness directive conflicts with the
service document on which it is
based?
In some cases an airworthiness direc-
tive incorporates by reference a manu-
facturer’s service document. In these
cases, the service document becomes
part of the airworthiness directive. In
some cases the directions in the service
document may be modified by the air-
worthiness directive. If there is a con-
flict between the service document and
the airworthiness directive, you must
follow the requirements of the air-
worthiness directive.
PART 43—MAINTENANCE, PREVEN-
TIVE MAINTENANCE, REBUILD-
ING, AND ALTERATION
Sec.
43.1
Applicability.
43.2
Records of overhaul and rebuilding.
43.3
Persons authorized to perform mainte-
nance, preventive maintenance, rebuild-
ing, and alterations.
43.5
Approval for return to service after
maintenance, preventive maintenance,
rebuilding, or alteration.
43.7
Persons authorized to approve aircraft,
airframes, aircraft engines, propellers,
appliances, or component parts for re-
turn to service after maintenance, pre-
ventive maintenance, rebuilding, or al-
teration.
43.9
Content, form, and disposition of main-
tenance, preventive maintenance, re-
building, and alteration records (except
inspections performed in accordance
with part 91, part 123, part 125,
§ 135.411(a)(1), and § 135.419 of this chap-
ter).
43.10
Disposition of life-limited aircraft
parts.
43.11
Content, form, and disposition of
records for inspections conducted under
parts 91 and 125 and §§ 135.411(a)(1) and
135.419 of this chapter.
43.12
Maintenance records: Falsification, re-
production, or alteration.
43.13
Performance rules (general).
43.15
Additional performance rules for in-
spections.
43.16
Airworthiness Limitations.
43.17
Maintenance, preventive maintenance,
and alterations performed on U.S. aero-
nautical products by certain Canadian
persons.
A
PPENDIX
A
TO
P
ART
43—M
AJOR
A
LTER
-
ATIONS
, M
AJOR
R
EPAIRS
,
AND
P
REVENTIVE
M
AINTENANCE
A
PPENDIX
B
TO
P
ART
43—R
ECORDING
OF
M
AJOR
R
EPAIRS AND
M
AJOR
A
LTERATIONS
A
PPENDIX
C
TO
P
ART
43 [R
ESERVED
]
A
PPENDIX
D
TO
P
ART
43—S
COPE AND
D
ETAIL
OF
I
TEMS
(
AS
A
PPLICABLE TO THE
P
AR
-
TICULAR
A
IRCRAFT
) T
O
B
E
I
NCLUDED
IN
A
NNUAL AND
100-H
OUR
I
NSPECTIONS
A
PPENDIX
E
TO
P
ART
43—A
LTIMETER
S
YSTEM
T
EST AND
I
NSPECTION
A
PPENDIX
F
TO
P
ART
43—ATC T
RANSPONDER
T
ESTS AND
I
NSPECTIONS
A
UTHORITY
: 42 U.S.C. 7572; 49 U.S.C. 106(f),
106(g), 40105, 40113, 44701–44702, 44704, 44707,
44709, 44711, 44713, 44715, 45303.
S
OURCE
: Docket No. 1993, 29 FR 5451, Apr.
23, 1964, unless otherwise noted.
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–
6, 31 FR 9211, July 6, 1966.
§ 43.1
Applicability.
(a) Except as provided in paragraphs
(b) and (d) of this section, this part pre-
scribes rules governing the mainte-
nance, preventive maintenance, re-
building, and alteration of any—
(1) Aircraft having a U.S. airworthi-
ness certificate;
(2) Foreign-registered civil aircraft
used in common carriage or carriage of
mail under the provisions of Part 121 or
135 of this chapter; and
(3) Airframe, aircraft engines, propel-
lers, appliances, and component parts
of such aircraft.
(b) This part does not apply to—
(1) Any aircraft for which the FAA
has issued an experimental certificate,
unless the FAA has previously issued a
different kind of airworthiness certifi-
cate for that aircraft;
(2) Any aircraft for which the FAA
has issued an experimental certificate
under the provisions of § 21.191(i)(3) of
this chapter, and the aircraft was pre-
viously issued a special airworthiness
certificate in the light-sport category
under the provisions of § 21.190 of this
chapter; or
(3) Any aircraft that is operated
under part 107 of this chapter, except
as described in § 107.140(d).
(c) This part applies to all life-lim-
ited parts that are removed from a
type certificated product, segregated,
or controlled as provided in § 43.10.
(d) This part applies to any aircraft
issued a special airworthiness certifi-
cate in the light-sport category except:
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