The FAA approves ETOPS in accordance with the requirements and limitations in this appendix.

Section I. ETOPS Approvals: Airplanes with Two engines.

(a) Propulsion system reliability for ETOPS.

(1) Before the FAA grants ETOPS operational approval, the operator must be able to demonstrate the ability to achieve and maintain the level of propulsion system reliability, if any, that is required by §21.4(b)(2) of this chapter for the ETOPS-approved airplane-engine combination to be used.

(2) Following ETOPS operational approval, the operator must monitor the propulsion system reliability for the airplane-engine combination used in ETOPS, and take action as required by §121.374(i) for the specified IFSD rates.

(b) 75 Minutes ETOPS—(1) Caribbean/Western Atlantic Area. The FAA grants approvals to conduct

ETOPS with maximum diversion times up to 75 minutes on Western Atlantic/Caribbean area routes as follows:

(i) The FAA reviews the airplane-engine combination to ensure the absence of factors that could prevent safe operations. The airplane-engine combination need not be type-design-approved for ETOPS; however, it must have sufficient favorable experience to demonstrate to the Administrator a level of reliability appropriate for 75-minute ETOPS.

(ii) The certificate holder must comply with the requirements of §121.633 for time-limited system planning.

(iii) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(iv) The certificate holder must comply with the maintenance program requirements of §121.374, except that a pre-departure service check before departure of the return flight is not required.

(2) Other Areas. The FAA grants approvals to conduct ETOPS with maximum diversion times up to 75 minutes on other than Western Atlantic/Caribbean area routes as follows:

(i) The FAA reviews the airplane-engine combination to ensure the absence of factors that could prevent safe operations. The airplane-engine combination need not be type-design-approved for ETOPS; however, it must have sufficient favorable experience to demonstrate to the Administrator a level of reliability appropriate for 75-minute ETOPS.

(ii) The certificate holder must comply with the requirements of §121.633 for time-limited system planning.

(iii) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(iv) The certificate holder must comply with the maintenance program requirements of §121.374.

(v) The certificate holder must comply with the MEL in its operations specifications for 120-minute ETOPS.

(c) 90-minutes ETOPS (Micronesia). The FAA grants approvals to conduct ETOPS with maximum diversion times up to 90 minutes on Micronesian area routes as follows:

(1) The airplane-engine combination must be type-design approved for ETOPS of at least 120-minutes.

(2) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(3) The certificate holder must comply with the maintenance program requirements of §121.374, except that a pre-departure service check before departure of the return flight is not required.

(4) The certificate holder must comply with the MEL requirements in its operations specifications for 120-minute ETOPS.

(d) 120-minute ETOPS. The FAA grants approvals to conduct ETOPS with maximum diversion times up to 120 minutes as follows:

(1) The airplane-engine combination must be type-design-approved for ETOPS of at least 120 minutes.

(2) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(3) The certificate holder must comply with the maintenance program requirements of §121.374.

(4) The certificate holder must comply with the MEL requirements for 120-minute ETOPS.

(e) 138-Minute ETOPS. The FAA grants approval to conduct ETOPS with maximum diversion times up to 138 minutes as follows:

(1) Operators with 120-minute ETOPS approval. The FAA grants 138-minute ETOPS approval as an extension of an existing 120-minute ETOPS approval as follows:

(i) The authority may be exercised only for specific flights for which the 120-minute diversion time must be exceeded.

(ii) For these flight-by-flight exceptions, the airplane-engine combination must be type-design-approved for ETOPS up to at least 120 minutes. The capability of the airplane's time-limited systems may not be less than 138 minutes calculated in accordance with §121.633.

(iii) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(iv) The certificate holder must comply with the maintenance program requirements of §121.374.

(v) The certificate holder must comply with minimum equipment list (MEL) requirements in its operations specifications for “beyond 120 minutes ETOPS”. Operators without a “beyond 120-minute ETOPS” MEL may apply through their responsible Flight Standards office for a modified MEL which satisfies the master MEL policy for system/component relief in ETOPS beyond 120 minutes.

(vi) The certificate holder must conduct training for maintenance, dispatch, and flight crew personnel regarding differences between 138-minute ETOPS authority and its previously-approved 120-minute ETOPS authority.

(2) Operators with existing 180-minute ETOPS approval. The FAA grants approvals to conduct 138-minute ETOPS (without the limitation in paragraph (e)(1)(i) of section I of this appendix) to certificate holders with existing 180-minute ETOPS approval as follows:

(i) The airplane-engine combination must be type-design-approved for ETOPS of at least 180 minutes.

(ii) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(iii) The certificate holder must comply with the maintenance program requirements of §121.374.

(iv) The certificate holder must comply with the MEL requirements for “beyond 120 minutes ETOPS.”

(v) The certificate holder must conduct training for maintenance, dispatch and flight crew personnel for differences between 138-minute ETOPS diversion approval and its previously approved 180-minute ETOPS diversion authority.

(f) 180-minute ETOPS. The FAA grants approval to conduct ETOPS with diversion times up to 180 minutes as follows:

(1) For these operations the airplane-engine combination must be type-design-approved for ETOPS of at least 180 minutes.

(2) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(3) The certificate holder must comply with the maintenance program requirements of §121.374.

(4) The certificate holder must comply with the MEL requirements for “beyond 120 minutes ETOPS.”

(g) Greater than 180-minute ETOPS. The FAA grants approval to conduct ETOPS greater than 180 minutes. The following are requirements for all operations greater than 180 minutes.

(1) The FAA grants approval only to certificate holders with existing 180-minute ETOPS operating authority for the airplane-engine combination to be operated.

(2) The certificate holder must have previous ETOPS experience satisfactory to the Administrator.

(3) In selecting ETOPS Alternate Airports, the operator must make every effort to plan ETOPS with maximum diversion distances of 180 minutes or less, if possible. If conditions necessitate using an ETOPS Alternate Airport beyond 180 minutes, the route may be flown only if the requirements for the specific operating area in paragraph (h) or (i) of section I of this appendix are met.

(4) The certificate holder must inform the flight crew each time an airplane is proposed for dispatch for greater than 180 minutes and tell them why the route was selected.

(5) In addition to the equipment specified in the certificate holder's MEL for 180-minute ETOPS, the following systems must be operational for dispatch:

(i) The fuel quantity indicating system.

(ii) The APU (including electrical and pneumatic supply and operating to the APU's designed capability).

(iii) The auto throttle system.

(iv) The communication system required by §121.99(d) or §121.122(c), as applicable.

(v) One-engine-inoperative auto-land capability, if flight planning is predicated on its use.

(6) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

(7) The certificate holder must comply with the maintenance program requirements of §121.374.

(h) 207-minute ETOPS in the North Pacific Area of Operations.

(1) The FAA grants approval to conduct ETOPS with maximum diversion times up to 207 minutes in the North Pacific Area of Operations as an extension to 180-minute ETOPS authority to be used on an exception basis. This exception may be used only on a flight-by-flight basis when an ETOPS Alternate Airport is not available within 180 minutes for reasons such as political or military concerns; volcanic activity; temporary airport conditions; and airport weather below dispatch requirements or other weather related events.

(2) The nearest available ETOPS Alternate Airport within 207 minutes diversion time must be specified in the dispatch or flight release.

(3) In conducting such a flight the certificate holder must consider Air Traffic Service's preferred track.

(4) The airplane-engine combination must be type-design-approved for ETOPS of at least 180 minutes. The approved time for the airplane's most limiting ETOPS significant system and most limiting cargo-fire suppression time for those cargo and baggage compartments required by regulation to have fire-suppression systems must be at least 222 minutes.

(5) The certificate holder must track how many times 207-minute authority is used.

(i) 240-minute ETOPS in the North Polar Area, in the area north of the NOPAC, and in the Pacific Ocean north of the equator.

(1) The FAA grants approval to conduct 240-minute ETOPS authority with maximum diversion times in the North Polar Area, in the area north of the NOPAC area, and the Pacific Ocean area north of the equator as an extension to 180-minute ETOPS authority to be used on an exception basis. This exception may be used only on a flight-by-flight basis when an ETOPS Alternate Airport is not available within 180 minutes. In that case, the nearest available ETOPS Alternate Airport within 240 minutes diversion time must be specified in the dispatch or flight release.

(2) This exception may be used in the North Polar Area and in the area north of NOPAC only in extreme conditions particular to these areas such as volcanic activity, extreme cold weather at en-route airports, airport weather below dispatch requirements, temporary airport conditions, and other weather related events. The criteria used by the certificate holder to decide that extreme weather precludes using an airport must be established by the certificate holder, accepted by the FAA, and published in the certificate holder's manual for the use of dispatchers and pilots.

(3) This exception may be used in the Pacific Ocean area north of the equator only for reasons such as political or military concern, volcanic activity, airport weather below dispatch requirements, temporary airport conditions and other weather related events.

(4) The airplane-engine combination must be type design approved for ETOPS greater than 180 minutes.

(j) 240-minute ETOPS in areas South of the equator.

(1) The FAA grants approval to conduct ETOPS with maximum diversion times of up to 240 minutes in the following areas:

(i) Pacific oceanic areas between the U.S. West coast and Australia, New Zealand and Polynesia.

(ii) South Atlantic oceanic areas.

(iii) Indian Ocean areas.

(iv) Oceanic areas between Australia and South America.

(2) The operator must designate the nearest available ETOPS Alternate Airports along the planned route of flight.

(3) The airplane-engine combination must be type-design-approved for ETOPS greater than 180 minutes.

(k) ETOPS beyond 240 minutes.

(1) The FAA grants approval to conduct ETOPS with diversion times beyond 240 minutes for operations between specified city pairs on routes in the following areas:

(i) The Pacific oceanic areas between the U.S. west coast and Australia, New Zealand, and Polynesia;

(ii) The South Atlantic oceanic areas;

(iii) The Indian Oceanic areas; and

(iv) The oceanic areas between Australia and South America, and the South Polar Area.

(2) This approval is granted to certificate holders who have been operating under 180-minute or greater ETOPS authority for at least 24 consecutive months, of which at least 12 consecutive months must be under 240-minute ETOPS authority with the airplane-engine combination to be used.

(3) The operator must designate the nearest available ETOPS alternate or alternates along the planned route of flight.

(4) For these operations, the airplane-engine combination must be type-design-approved for ETOPS greater than 180 minutes.

Section II. ETOPS Approval: Passenger-carrying Airplanes With More Than Two Engines.

(a) The FAA grants approval to conduct ETOPS, as follows:

(1) Except as provided in §121.162, the airplane-engine combination must be type-design-approved for ETOPS.

(2) The operator must designate the nearest available ETOPS Alternate Airports within 240 minutes diversion time (at one-engine-inoperative cruise speed under standard conditions in still air). If an ETOPS alternate is not available within 240 minutes, the operator must designate the nearest available ETOPS Alternate Airports along the planned route of flight.

(3) The MEL limitations for the authorized ETOPS diversion time apply.

(i) The Fuel Quantity Indicating System must be operational.

(ii) The communications systems required by §121.99(d) or §121.122(c) must be operational.

(4) The certificate holder must operate in accordance with the ETOPS authority as contained in its operations specifications.

Section III. Approvals for operations whose airplane routes are planned to traverse either the North Polar or South Polar Areas.

(a) Except for intrastate operations within the State of Alaska, no certificate holder may operate an aircraft in the North Polar Area or South Polar Area, unless authorized by the FAA.

(b) In addition to any of the applicable requirements of sections I and II of this appendix, the certificate holder's operations specifications must contain the following:

(1) The designation of airports that may be used for en-route diversions and the requirements the airports must meet at the time of diversion.

(2) Except for supplemental all-cargo operations, a recovery plan for passengers at designated diversion airports.

(3) A fuel-freeze strategy and procedures for monitoring fuel freezing.

(4) A plan to ensure communication capability for these operations.

(5) An MEL for these operations.

(6) A training plan for operations in these areas.

(7) A plan for mitigating crew exposure to radiation during solar flare activity.

(8) A plan for providing at least two cold weather anti-exposure suits in the aircraft, to protect crewmembers during outside activity at a diversion airport with extreme climatic conditions. The FAA may relieve the certificate holder from this requirement if the season of the year makes the equipment unnecessary.

[Doc. No. FAA-2002-6717, 72 FR 1883, Jan. 16, 2007, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]