(a) Applicability and general requirements. After December 5, 2007, a certificate holder may not operate an airplane under this part unless the maintenance program for that airplane includes damage-tolerance-based inspections and procedures. Paragraphs (b), (c), and (d) of this section list the exceptions to this requirement. This section does not apply to an airplane operated by a certificate holder under this part between any point within the State of Alaska and any other point within the State of Alaska.

(b) New model added through type certificate amendment. This paragraph applies to each airplane 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 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.

(c) Design-life goal airplanes. If on or after December 5, 2007, the time in service of an airplane reaches the design-life goal listed in appendix N to this part, the certificate holder may operate that airplane 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 unless the maintenance program for that airplane includes damage-tolerance-based inspections and procedures.

(d) 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.

(e) 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 Airplane Directorate or Transport Airplane Directorate having cognizance over the type certificate for the affected airplane.
 

Effective Date Note: At 67 FR 72761, Dec. 6, 2002, §121.370a was added, effective Dec. 8, 2002.