(a) Applicability. This section applies to each multiengine airplane operated by a certificate holder in scheduled operations under this part, except for those operations conducted between any point within the State of Alaska and any other point within the State of Alaska.

(b) Multiengine airplanes with 10 or more passenger seats. After December 5, 2007, a certificate holder may not operate, in scheduled operations under this part, a multiengine airplane initially type certificated with 10 or more passenger seats unless the maintenance program for that airplane includes damage-tolerance-based inspections and procedures. Paragraphs (d), (e), and (f) of this section list the exceptions to this requirement.

(c) Multiengine airplanes with nine or fewer passenger seats. After December 20, 2010, a certificate holder may not operate, in scheduled operations under this part, a multiengine airplane initially type certificated with nine or fewer passenger seats unless the inspection program for that airplane includes service-history-based inspections and procedures. Paragraph (e) of this section lists the exception to this requirement.

(d) New model added through type certificate amendment. This paragraph applies to each U.S.-registered multiengine airplane initially type certificated with 10 or more passenger seats added to a type certificate after December 8, 2003, that has a certification basis that does not include a requirement for damage-tolerance-based inspections and procedures. A certificate holder may not operate that airplane, in scheduled operations, more than 4 years after the date of the type certificate amendment unless the maintenance program for that airplane includes damage-tolerance-based inspections and procedures.

(e) Design-life goal airplanes. If on or after December 5, 2007, the time in service of the airplane reaches the design-life goal listed in appendix G to this part the certificate holder may operate that airplane in scheduled operations until the date the airplane's time in service reaches the design-life goal or until December 20, 2010, whichever occurs sooner. After that date, the certificate holder may not operate the airplane in scheduled operations unless it complies with paragraph (b) or paragraph (c) of this section.

(f) Airworthiness directive-mandated service-history-based inspections. Until December 20, 2010, a certificate holder may operate an airplane for which an airworthiness directive requires the maintenance program to include service-history-based inspections and procedures. After that date, the certificate holder may not operate the airplane unless the maintenance program for that airplane includes damage-tolerance-based inspections and procedures.

(g) Approvals. The inspections and procedures required by this section to be included in the certificate holder's maintenance program for an airplane must be approved by the FAA Aircraft Certification Office or office of the Small Aircraft Directorate or Transport Airplane Directorate having cognizance over the type certificate for the affected airplane.
 

Effective Date Note: At 67 FR 72764, Dec. 6, 2002, §135.168 was added, effective Dec. 8, 2003.