3.3 Progressive Inspections & Disapproval Procedures (14 CFR 43.11 & 91.409)

3.3 Progressive Inspections & Disapproval Procedures (14 CFR 43.11 & 91.409)

[!NOTE] Administrative Authority vs. Physical Custody: An IA does not have the legal authority to seize an aircraft, impound logbooks, or confiscate an airworthiness certificate when an aircraft is found unairworthy during an annual inspection. The IA's regulatory duty under 14 CFR 43.11 is strictly administrative: certify that the inspection was completed, record a disapproval entry in the maintenance records, and provide the owner with a signed and dated list of discrepancies.

Two regulatory workflows frequently challenge IA candidates on the FAA knowledge examination: managing progressive inspection programs under 14 CFR 91.409(d), and executing inspection disapproval procedures under 14 CFR 43.11. Both processes demand exact procedural compliance to ensure legal airworthiness while safeguarding owner rights and maintenance integrity.

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Progressive Inspection Programs (14 CFR 91.409(d))

A progressive inspection program allows high-utilization flight operations—such as commercial flight training academies, corporate flight departments, and pipeline patrol operators—to avoid the prolonged operational downtime of a traditional annual inspection. Instead of grounding an aircraft for several weeks, the inspection is divided into scheduled, progressive increments.

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|                    PROGRESSIVE INSPECTION PROGRAM REQUIREMENTS                    |
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| 1. Written Application to Jurisdictional FAA FSDO                                 |
| 2. Program Supervised or Conducted by:                                            |
|    • Certificated mechanic holding an Inspection Authorization (IA)               |
|    • Certificated airframe repair station                                         |
|    • Aircraft Manufacturer                                                        |
| 3. Approved Inspection Procedures Manual (Routine vs. Detailed Phases)            |
| 4. Adequate Housing and Equipment for Complete Disassembly                        |
| 5. Mandatory Timeline: Complete cycle completed within 12 CALENDAR MONTHS         |
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1. FSDO Approval & Supervisory Requirements

Under 14 CFR 91.409(d), an owner or operator desiring to use a progressive inspection program must submit a written request to the FAA Flight Standards District Office (FSDO) having jurisdiction over the area where the applicant's principal base of operations is located. The program must be conducted or supervised by:

• A certificated mechanic holding an Inspection Authorization (IA).
• A certificated airframe repair station (the rule names the airframe rating specifically).
• The manufacturer of the aircraft.

2. Routine vs. Detailed Inspection Phases

The approved inspection procedures manual establishes a structured schedule dividing tasks into two distinct categories:

• Routine Inspections: Visual examinations, minor servicing, functional checks, and fluid level verifications that do not require extensive teardown. These are typically performed at frequent intervals (e.g., every 50 or 100 hours).
• Detailed Inspections: Thorough, in-depth examinations of specific systems, structural teardown, internal component access, non-destructive testing (NDT), control cable tension checks, and landing gear retraction tests.

3. The 12-Calendar-Month Complete Cycle Mandate

Regardless of how the progressive program is divided (e.g., four 90-day phases, or six segments scheduled every 100 hours), the complete inspection of the aircraft must be completed within 12 calendar months. If the progressive cycle is not completed within 12 calendar months, the aircraft loses its inspection currency and cannot be flown until brought back into compliance.

4. Discontinuance of a Progressive Inspection Program (still 14 CFR 91.409(d))

The discontinuance rules live in the closing text of 91.409(d) — not in 91.409(e), which is the separate inspection-program election for large and turbine-powered multiengine airplanes. If the progressive inspection is discontinued, the owner or operator must immediately notify the responsible Flight Standards office in writing. After discontinuance:

• the first annual inspection under 91.409(a)(1) is due within 12 calendar months after the last complete inspection of the aircraft under the progressive program; and
• the 100-hour inspection under 91.409(b) is due within 100 hours after that complete inspection.

The rule then defines what "complete inspection" means for this purpose: a detailed inspection of the aircraft and all its components in accordance with the progressive program. A routine inspection of the aircraft plus a detailed inspection of several components is expressly not a complete inspection — so the clock runs from the last full detailed cycle, not from the most recent phase.

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Inspection Disapproval Procedures (14 CFR 43.11)

When an IA conducts an annual inspection and finds discrepancies that render the aircraft unairworthy (e.g., cracked spar, unapproved propeller, overdue recurring AD, or cylinder compression below limits), and the owner declines to have the defects corrected immediately, the IA must follow the mandatory disapproval procedures of 14 CFR 43.11(a)(5).

The Mandatory Two-Step Disapproval Action

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|                         14 CFR 43.11 DISAPPROVAL WORKFLOW                         |
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| STEP 1: Logbook Entry in Aircraft Maintenance Records                             |
|         "I certify that this aircraft has been inspected in accordance with       |
|         an annual inspection and a list of discrepancies and unairworthy items    |
|         dated (Date) has been provided for the aircraft owner or operator."       |
|         (Date, Tach/TTIS, IA Signature, Certificate Type & Number)                |
|         CRITICAL: The logbook entry does NOT list the specific defects!           |
+-----------------------------------------------------------------------------------+
| STEP 2: Discrepancy List Delivered to Owner/Operator                              |
|         Provide a separate, signed, and dated document detailing all unairworthy  |
|         items, missing ADs, or non-conforming modifications.                      |
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Exact Required Logbook Phrasing

Under 14 CFR 43.11(a)(5), the IA must make an entry in the maintenance records containing:

1. The type of inspection and a brief description of the extent of the inspection.
2. The date of the inspection and aircraft total time in service.
3. The certification statement:

   "I certify that this aircraft has been inspected in accordance with an annual inspection and a list of discrepancies and unairworthy items dated [Date] has been provided for the aircraft owner or operator."

4. The IA's signature, certificate number, and certificate type ("A&P with Inspection Authorization").

[!WARNING] Critical Exam Distinction: Where the Defects Belong: Section 43.11(a)(5) prescribes a record entry that references a separate dated list; § 43.11(b) then requires that the signed and dated list of discrepancies be given to the owner or lessee. The regulation does not itself forbid additional detail in the record, but the entry it prescribes is the reference form, and standard practice is to keep the defect catalogue on the separate list rather than in the permanent record. Choose the answer that matches the regulatory formula: a disapproval statement in the record plus a signed, dated discrepancy list handed to the owner.

The Companion Placarding Duty — 14 CFR 43.11(b)

Section 43.11(b) adds a second obligation that candidates routinely miss. For items that are permitted to be inoperative under § 91.213(d)(2), the person performing the inspection must:

1. place a placard meeting the aircraft's airworthiness certification regulations on each inoperative instrument and on the cockpit control of each item of inoperative equipment, marking it "Inoperative"; and
2. add those items to the signed and dated list of discrepancies given to the owner or lessee.

So the discrepancy list is not only a catalogue of unairworthy findings — it also carries the deferrable items that the IA has placarded inoperative.

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Owner Rights, Repair Options & Airworthiness Reinstatement

Once an IA delivers the signed and dated discrepancy list, the aircraft owner possesses explicit statutory and regulatory protections regarding how, when, and by whom the discrepancies are resolved.

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|                      AIRCRAFT OWNER OPTIONS AFTER DISAPPROVAL                     |
+-----------------------------------------------------------------------------------+
| OPTION 1: Discrepancy Correction by Independent A&P Mechanic                      |
|           Owner hires any certificated A&P mechanic to fix minor/major defects.   |
|           Mechanic signs maintenance entry under 14 CFR 43.9 for completed work.  |
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| OPTION 2: Discrepancy Correction by Part 145 Certificated Repair Station          |
|           Repair station accomplishes corrective actions and signs release.       |
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| OPTION 3: Ferry to Another Maintenance Base (Special Flight Permit)               |
|           Owner applies for FAA Form 8130-7 to fly aircraft safely to repair base.|
+-----------------------------------------------------------------------------------+
| OUTCOME:  Once ALL discrepancies on the list are corrected and signed off:        |
|           • The aircraft is AIRWORTHY immediately.                                |
|           • NO new annual inspection is required!                                 |
|           • The original IA does NOT need to re-inspect the aircraft.             |
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1. No Monopoly for the Inspecting IA

The owner is under no legal obligation to have the inspecting IA perform the repairs. The owner may take the discrepancy list to any certificated A&P mechanic, specialized repair station, or other qualified facility.

2. Discrepancy Clearing under 14 CFR 43.9

Each mechanic or facility that repairs a discrepancy enters a return-to-service record in the logbooks under 14 CFR 43.9 (or executes an FAA Form 337 if the work involves a major repair or major alteration). For example, if an A&P mechanic replaces a cracked exhaust riser, that mechanic signs off that specific repair.

3. Automatic Restoration of Airworthiness

When every item on the discrepancy list has been corrected, signed off, and approved for return to service by authorized persons, the aircraft becomes fully airworthy! The original IA does not need to re-examine the aircraft, sign off the discrepancy list, or issue another annual endorsement. The annual inspection remains legally valid for 12 calendar months from the month the original inspection was performed and disapproved.

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Summary Table: Discrepancy Resolution & Authority Matrix

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Special Flight Permits (Ferry Permits) (14 CFR 21.197)

If an aircraft has been disapproved for return to service during an annual inspection (or if its annual inspection has expired) and the owner wishes to fly the aircraft to another airport or repair facility where repairs can be performed, the aircraft cannot be flown under standard airworthiness rules. The operator must obtain a Special Flight Permit.

1. Statutory Purpose and Limitations

Under 14 CFR 21.197(a)(1), a Special Flight Permit may be issued for an aircraft that may not currently meet applicable airworthiness requirements but is capable of safe flight, for the purpose of flying the aircraft to a base where repairs, alterations, or maintenance are to be performed.

2. Application and Issuance Workflow

• The owner or operator submits an application on FAA Form 8130-6 to the local FAA FSDO or an authorized Designated Airworthiness Representative (DAR).
• The application must state the purpose of the flight, proposed itinerary, essential crew, ways in which the aircraft does not comply with airworthiness standards, and any operating restrictions necessary for safety.
• An FAA Aviation Safety Inspector or DAR evaluates the application and issues the Special Flight Permit on FAA Form 8130-7.

3. Pre-Flight Maintenance Inspection and Endorsement

Before the Special Flight Permit becomes effective, the FAA almost universally requires a certificated mechanic (A&P or IA) to physically inspect the aircraft and endorse the logbooks stating:

"I have inspected this aircraft and determined it to be in a condition for safe flight for the intended itinerary from [Origin Airport] to [Destination Airport] under the operating limitations of Special Flight Permit dated [Date]."

4. Mandatory Operating Restrictions

Special Flight Permits are issued with mandatory operating limitations that typically mandate:

• Flight conducted under Day Visual Flight Rules (VFR) only.
• Flight restricted strictly to essential flight crewmembers (no passengers or non-essential personnel).
• Direct routing avoiding congested areas, open water, or hazardous terrain.
• Non-stop flight (or landing only at pre-designated fuel stops).
• Strict adherence to airspeed, trim, or gear-down configuration limitations.

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Common Exam Traps & IA Watchpoints

[!WARNING] Critical Exam Traps for Section 3.3:

• Trap: The "Grounding" Fallacy: An IA does not have the police power or statutory authority to ground an aircraft, padlock a hangar, or confiscate the airworthiness certificate. The IA simply signs the logbook as disapproved and hands the discrepancy list to the owner.
• Trap: Discrepancies in the Logbook: Never choose an option that states the IA writes the list of unairworthy items into the aircraft maintenance logbook. 14 CFR 43.11(a)(5) mandates that the discrepancy list is a separate document provided to the owner.
• Trap: Original IA Must Re-Inspect: A candidate often incorrectly assumes that the inspecting IA must perform a follow-up re-inspection or sign a second annual endorsement once repairs are complete. In reality, any A&P can sign off the discrepancies, and the aircraft is airworthy without any further IA involvement.
• Trap: Repeating the Entire Annual: Correcting discrepancies does NOT require conducting another complete annual inspection. The original annual inspection date remains valid for 12 calendar months.