The FAA published Advisory Circular 91-67A, Minimum Equipment Requirements for General Aviation Operations Under 14 CFR Part 91, §91.213, in October 2023, clarifying acceptable methods for the operation of aircraft with certain inoperative instruments and equipment that are not essential for safe operations. An aircraft’s airworthiness certification is conditioned on the aircraft conforming to its type certificate and being in condition for safe operation, which means installed items must be operative. A minimum equipment list (MEL) allows operation of an aircraft with specified items inoperative.
Part 91 operators have long struggled with inconsistent MEL philosophies between the FAA and the European Union Aviation Safety Agency (EASA). Lack of international standardization of MEL authorization and use processes can lead to safety findings for U.S. operators in Safety Assessment of Foreign Aircraft (SAFA) inspections by EASA and some other civil aviation authorities (CAAs).
Some U.S. Part 91 operators utilize the master minimum equipment list (MMEL) to fly legally with named inoperative equipment. This is authorized by the FAA through a Letter of Authorization (LOA) and issuance of D095. However, EASA requires an MEL to be specific to the systems and configuration of the individual aircraft and to address types of operations conducted and other variables. EASA instead requires issuance of a D195 with an MEL specific to the aircraft and to contain maintenance and operations (M&O) procedures.
While the FAA believes revisions in AC 91-67A make an MMEL sufficient for EASA and other CAAs, EASA said at the recent NBAA International Operators Conference that processes described in AC 91-67A for a D095 MMEL are not customized enough to meet their standards.
Experts recommend Part 91 operators flying internationally apply for and receive FAA authorization to utilize an aircraft-specific MEL with issuance of D195.
“The best way to operate to Europe and some other countries is to use D195. I highly recommend D195,” said Michael Mulawka, CAM, chief pilot at Rich Products Corp. Mulawka suggested using an experienced vendor if you need assistance and added that FAA turnaround times have improved greatly.
“Most of the work for issuance of a D195 is up front, but the operator still needs to monitor and manage the MEL program. ”
KEVIN HONAN, Senior Operations Advisor, AviationManuals
Experts also suggest writing a Nonessential Equipment and Furnishings (NEF) program while producing the MEL. An NEF is supplemental to the MEL and refers to items which have no effect on the safe operation of the aircraft. The NEF does not have to be submitted to or approved by the FAA.
Once you’re authorized to use a D195, keep it updated and keep all current documents – the LOA and MEL including M and O procedures – on the aircraft and ready in case of a SAFA check.
“Most of the work for issuance of a D195 is up front, but the operator still needs to monitor and manage the MEL program,” said Kevin Honan, senior operations advisor for AviationManuals. “Sign up for the FAA’s DRS (Dynamic Regulatory System) updates related to your aircraft type. Then you know when your aircraft’s MMEL is updated and can keep your MEL current. Make sure M&O procedures are current by staying in touch with the OEM.
“As long as you’re complying with M&O procedures in the MEL and the procedures you have in place to defer an item, you shouldn’t have issues in Europe or other countries using the SAFA inspection checklist,” Honan said.
International Business Aviation Council Ltd.