[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Rules and Regulations]
[Pages 72830-72834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30997]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 91, 121, 125, and 129

[Docket No. FAA-1999-6411; Amendment Nos. 21-82, 91-272, 121-285, 125-
140, 129-35, Special Federal Aviation Regulation No. 88-1]
RIN 2120-AG62


Extension of Compliance Times for Fuel Tank System Safety 
Assessments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This final rule extends the compliance deadline for 
supplemental type certificate holders to complete safety assessments of 
their fuel tank systems, and any system that may affect the fuel tank 
system, and to develop design changes and maintenance programs needed 
to correct unsafe conditions. It also extends the compliance time for 
the affected operators to incorporate instructions for maintenance and 
inspection of the fuel tank system into their maintenance or inspection 
programs. This action is needed to allow supplemental type certificate 
holders additional time to complete their compliance submittals using a 
newly identified method of completing their safety assessments and 
identifying corrective actions without acquiring information from the 
type certificate holders. Because the operators are dependent upon the 
supplemental certificate holders for showing compliance with the 
operating rules, this rule allows them the same time extension.

DATES: This final rule is effective December 9, 2002. Comments must be 
submitted on or before February 7, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
1999-6411 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mike Dostert, Transport Airplane 
Directorate, Propulsion/Mechanical Systems Branch, ANM-112, Federal 
Aviation Administration, 1601 Lind Avenue SW., Renton, Washington 
98055-4056; telephone (425) 227-2132.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This final rule is being adopted without prior notice and prior 
public comment. The Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 1134, February 26, 1979), 
however, provide that, to the maximum extent possible,

[[Page 72831]]

operating administrations for the DOT should provide an opportunity for 
public comment on regulations issued without prior notice. Accordingly, 
the FAA invites interested persons to participate in this rulemaking by 
submitting written comments, data, or views. We also invite comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from this amendment. The most helpful comments 
reference a specific portion of the amendment, explain the reason for 
any recommended changes, and include supporting data. We ask that you 
send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES 
section.
    The FAA will consider all comments received on or before the 
closing date for comments. Late filed comments will be considered to 
the extent practicable. This final rule may be amended in light of the 
comments received.
    If you want the FAA to acknowledge receipt of your comments on this 
amendment, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Availability of Final Rule

    You can get an electronic copy of this final rule using the 
Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search).
    (2) On the search page, typing in the last four digits of the 
Docket number shown at the beginning of this final rule, and clicking 
on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, clicking on the final rule.
    You can also get an electronic copy using the Internet through the 
Office of Rulemaking's Web page at http:/www.faa.gov/avr/armhome.htm, 
or the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this final 
rule.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Any small entity that has a question regarding this 
document may contact their local FAA official, or the person listed 
under FOR FURTHER INFORMATION CONTACT. You can find out more about 
SBREFA on the Internet at, http://www.faa.gov/avr/arm/sbrefa.htm. For 
more information on SBREFA, e-mail us at [email protected].

Background

Amendment 25-102 and SFAR 88

    Following the 1996 TWA 800 accident, which was caused by an 
explosion in the center wing fuel tank, the FAA issued regulations to 
establish several new transport airplane fuel tank safety requirements 
(66 FR 23086, May 7, 2001). The final rule, which was effective June 6, 
2001, included:
    1. Amendment 21-78 (SFAR 88) which requires type certificate (TC) 
and supplemental type certificate (STC) holders to:
    [sbull] Conduct a revalidation of the fuel tank system designs on 
the existing fleet of transport category airplanes carrying 30 or more 
passengers or a payload of 7,500 lbs. or more;
    [sbull] Develop all design changes required to demonstrate they 
meet the new ignition prevention requirements; and
    [sbull] Develop fuel tank maintenance and inspection instructions,
    2. Amendments 91-266, 121-282, 125-36, and 129-30, which require 
certain operators to incorporate FAA-approved fuel tank maintenance and 
inspection requirements into their maintenance or inspection programs, 
and
    3. Amendment 25-102, which adopts new airworthiness standards for 
future designs to impose ignition prevention design and maintenance 
requirements (Sec.  25.981(a) & (b) and paragraph H25.4 of appendix H), 
and fuel tank flammability requirements (Sec.  25.981(c)).

Amendment to SFAR 88 To Allow Equivalent Safety Findings

    On September 10, 2002, the FAA amended SFAR 88 by incorporating 
provisions into the rule that allow for findings of equivalent safety 
(Amendment 21-82, 67 FR 67490). This amendment added a paragraph that 
allows the FAA to approve a type certificate holder's required 
submission based on a finding that it provides an equivalent level of 
safety to full compliance with the SFAR. SFAR 88 is a part 21 rule 
which did not provide certificate holders the ability to make 
compliance findings based upon a finding of equivalent safety, as is 
available when making findings of compliance with part 25 for new or 
amended type certificates. Therefore, Amendment 21-82 provides a 
``level playing field'' between pending applicants and current holders 
of TCs. It also allows applicants to propose other means to achieve the 
safety goals of the SFAR such as flammability reduction using 
polyurethane foam or nitrogen inerting.

Discussion of SFAR 88 and This Amendment

    SFAR 88 requires that holders of type certificates and supplemental 
type certificates review the designs of fuel tank systems of large 
transport category airplanes, and develop design changes and 
maintenance and inspection programs based on the findings of those 
reviews. The reviews are conducted using the ignition prevention 
requirements that were adopted for new or amended type designs in Sec.  
25.981. Reports documenting compliance must be submitted to the FAA by 
December 6, 2002.
    When the SFAR was written, the FAA believed that, to the extent 
that STC holders would be dependent upon the TC holders for the 
information needed to show compliance with the SFAR, this information 
would be available either from the original certification data or 
through business agreements with the TC holders. For a variety of 
reasons, this information has generally not been made available to the 
STC holders.
    Since issuance of SFAR 88, we have gained experience and now 
recognize that STC holders can show compliance without access to data 
from the TC holders. On August 27, 2002, about 3 months prior to the 
compliance date for the SFAR, we conducted a seminar in Chicago with 
STC holders where methods for showing compliance without TC data were 
presented. (Presentations from this seminar can be accessed at the 
following Web site: http://www.faa.gov/certification/aircraft/sfar88/index.htm). These methods allow STC holders to conduct the safety 
assessment of their STC up to the interface with the TC holder's 
design, and to define service information (both maintenance 
instructions and design changes) needed to correct any deficiencies 
identified in

[[Page 72832]]

the assessment. For all safety issues associated with the interface 
between the STC and the TC holder's design, the STC holder can 
reference the design configuration control limitations defined by the 
TC holder, which will be sufficient to address these issues.
    Until the August seminar, STC holders did not have access to this 
information regarding a means of compliance that is not dependent on 
access to TC holder data. Because of the widespread belief that access 
to these data was necessary, many STC holders had not made significant 
progress in assessing their designs. A six-month extension of the 
compliance time for STC holders will allow them to complete their 
compliance submittals using the method described above. This amendment 
therefore provides an extension of six months for STC holders to the 
compliance time of December 6, 2002, specified in SFAR 88.
    It should be noted that the compliance deadline is not being 
extended for TC holders; and we expect them to comply by the original 
deadline. As noted previously, Amendment 21-82 allows TC holders to use 
factors providing an equivalent level of safety in complying with SFAR 
88. Under this provision, some TC holders have expressed an intention 
to provide fuel tank inerting systems as an alternative to some design 
changes that would otherwise be necessary to eliminate ignition 
sources. Because these inerting systems involve new technology, the TC 
holders have indicated that they will not be able to complete the 
design changes by the deadline. Given the potential safety benefits of 
these systems, we have stated that a short delay in providing these 
design changes may be acceptable for a finding of equivalent safety, 
provided that the TC holders otherwise comply with SFAR 88's system 
safety assessment and maintenance program requirements by the December 
6, 2002, deadline.
    Operators are dependent upon STC holders for showing compliance 
with the operating rules (parts 91, 121, 125, and 129) that require 
development of an approved maintenance program by June 2004. Therefore 
this rulemaking would also provide a six-month extension of the 
compliance times for these rules. This extension will also enable 
operators to fully address any maintenance program changes associated 
with fuel tank inerting system changes that TC holders may develop, as 
discussed previously.
    Since this rule simply extends the compliance time for STC holders 
and operators, it should not result in additional costs and therefore 
is not considered ``significant'' for purposes of Executive Order 
12866, DOT Regulatory Policies and Procedures, or the Regulatory 
Flexibility Act, and it does not require preparation of a regulatory 
evaluation.

Paperwork Reduction Act

    There are no new requirements for information collection associated 
with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Good Cause for Immediate Adoption

    Sections 553(b)(3)(B) and 553(d)(3) of the Administrative 
Procedures Act (APA) (5 U.S.C. Sections 553(b)(3)(B) and 553(d)(3)) 
authorize agencies to dispense with certain notice procedures for rules 
when they find ``good cause'' to do so. Under section 553(b)(3)(B), the 
requirements of notice and opportunity for comment do not apply when 
the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Section 553(d)(3) allows an agency, upon finding good cause, to make a 
rule effective immediately, thereby avoiding the 30-day delayed 
effective date requirement in section 553.
    In the context of the APA, ``impracticable'' means that, if notice 
and comment procedures are followed, they would defeat the purpose of 
the rule. As explained previously, the purpose of this final rule is to 
prevent a large number of STC holders from being in noncompliance with 
SFAR 88 as of the December 6, 2002, deadline by extending this deadline 
by six months. There is no way we could issue a notice, receive 
comments, and issue a final rule before then. Therefore, it is 
``impracticable'' to provide notice and opportunity to comment.
    This final rule also provides a six-month extension of the 
compliance time for the operating rules, which originally had a 
deadline of June 2004 (18 months after the deadline for SFAR 88). The 
need to extend this deadline results directly from the extension for 
STC holders. We acknowledged in the original fuel tank safety final 
rule that the operators are heavily dependent on TC and STC holders' 
compliance, and we gave the operators 18 months after the SFAR 88 
compliance deadline with the understanding that they would need that 
entire time to develop the maintenance program changes required by the 
operating rules. Nothing has occurred to make us reconsider that 
decision, so the extension of the STC holder deadline necessitates 
extending the operating rule deadline, as well.
    Providing notice and opportunity to comment on this extension would 
create uncertainty for the operators and could be highly disruptive. 
Since it is important for operators to be able to plan their compliance 
activities, and notice and comment procedures would make this 
impossible, we also find that providing notice and opportunity to 
comment are impracticable for the operating rule extension.
    For the same reasons, we find good cause to make this rule 
effective immediately upon publication.

Economic Evaluation, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency to 
propose or adopt a regulation only upon a reasoned determination that 
the benefits of the intended regulation justify its costs. Second, the 
Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits agencies 
from setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S. standards, this Trade 
Act requires agencies to consider international standards and, where 
appropriate, use them as the basis of U.S. standards. Fourth, the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation.)
    In conducting these analyses, the FAA has determined this rule (1) 
Is not a ``significant regulatory action'' as defined in section 3(f) 
of Executive Order 12866 and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures; (2) will not have a significant 
impact on a substantial

[[Page 72833]]

number of small entities; (3) will have little effect on international 
trade; and (4) does not impose an unfunded mandate on state, local, or 
tribal governments, or on the private sector.
    For regulations with an expected minimal economic impact, the 
above-specified analyses are not required. The Department of 
Transportation Order DOT 2100.5 prescribes policies and procedures for 
simplification, analysis, and review of regulations. If it is 
determined that the expected impact is so minimal that the proposal 
does not warrant a full evaluation, a statement to that effect and the 
basis for it is included in the proposed regulation. The FAA has 
determined that there are minimal costs associated with this final rule 
and the safety benefits contemplated by the SFAR will still be 
achieved. Since current circumstances preclude industry from meeting 
the original compliance time, a 6-month extension will impose de 
minimus economic impact.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA. If, however, an agency determines that a proposed or final 
rule is not expected to have a significant economic impact on a 
substantial number of small entities, section 605(b) of the RFA 
provides that the head of the agency may so certify and a regulatory 
flexibility analysis is not required. The certification must include a 
statement providing the factual basis for this determination, and the 
reasoning should be clear.
    This action simply provides a six-month extension of the original 
compliance times. The FAA therefore expects this final rule to impose 
no cost on small entities. Consequently, the FAA certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed the potential effect of this final rule 
and has determined that it will not result in additional costs to 
supplemental type certificate holders or operators and will have a 
minimal effect on international trade

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in a $100 million or more expenditure (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector. Such a mandate 
is deemed to be a ``significant regulatory action.''
    This final rule does not contain such a mandate; therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We therefore determined that this final rule does not have 
federalism implications.

Plain English

    Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each 
agency to write regulations that are simple and easy to understand. We 
invite your comments on how to make these regulations easier to 
understand, including answers to questions such as the following:
    [sbull] Are the requirements in the regulation clearly stated?
    [sbull] Does the regulation contain technical language or jargon 
that interferes with their clarity?
    [sbull] Would the regulation be easier to understand if it was 
divided into more (but shorter) sections?
    [sbull] Is the description in the preamble helpful in understanding 
the regulation?
    Please send your comments to the address specified in the ADDRESSES 
section.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this final rule qualifies for a categorical 
exclusion.

Energy Impact

    The energy impact of the final rule has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA), Pub. L. 94-163, as 
amended (42 U.S.C. 6362), and FAA Order 1053.1. It has been determined 
that the final rule is not a major regulatory action under the 
provisions of the EPCA.

List of Subjects

14 CFR Parts 21, 91, and 125

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Reporting and 
recordkeeping requirements, Safety, Transportation.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety, Reporting and 
recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 21, 91, 121, 125, and 129 of Title 14, Code 
of Federal Regulations, as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

    1. The authority citation for part 21 continues to read:

    Authority: 42 U.S.C. 7572; 40105, 40113; 44701-44702, 44707, 
44709, 44711, 44713, 44715, and 45303.


    2. SFAR No. 88-1 is amended by revising the introductory text of 
paragraph 2 and by adding a new paragraph 2(e) to read as follows:

[[Page 72834]]

SFAR No. 88--Fuel Tank System Fault Tolerance Evaluation Requirements

* * * * *

    2. Compliance: Each type certificate holder, and each 
supplemental type certificate holder of a modification affecting the 
airplane fuel tank system, must accomplish the following within the 
compliance times specified in paragraph (e) of this section:
* * * * *
    (e) Each type certificate holder must comply no later than 
December 6, 2002, or within 18 months after the issuance of a type 
certificate for which application was filed before June 6, 2001, 
whichever is later; and each supplemental type certificate holder of 
a modification affecting the airplane fuel tank system must comply 
no later than June 6, 2003, or within 18 months after the issuance 
of a supplemental type certificate for which application was filed 
before June 6, 2001, whichever is later.

PART 91--GENERAL OPERATING AND FLIGHT RULES

    3. The authority citation for part 91 continues to read:

    Authority: 49 U.S.C. 1301(7), 1303, 1344, 1348, 1352-1355, 1401, 
1421-1431, 1471, 1472, 1502, 1510, 1522, and 2121-2125; Articles 12, 
29, 31, and 32(a) of the Convention on International Civil Aviation 
(61 Stat 1180); 42 U.S.C. 4321 et. seq.; E.O. 11514; 49 U.S.C. 
106(g) (Revised Pub. L. 97-449, January 21, 1983).


    4. Amend Sec.  91.410 by revising the first sentence of paragraph 
(b) to read as follows:


Sec.  91.410  Special maintenance program requirements.

* * * * *
    (b) After December 6, 2004, no person may operate a turbine-powered 
transport category airplane with a type certificate issued after 
January 1, 1958, and either a maximum type certificated passenger 
capacity of 30 or more, or a maximum type certificated payload capacity 
of 7,500 pounds or more, unless instructions for maintenance and 
inspection of the fuel tank system are incorporated into its inspection 
program. * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    5. The authority citation for part 121 continues to read:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.


    6. Amend Sec.  121.370 by revising the first sentence of paragraph 
(b) to read as follows:


Sec.  121.370  Special maintenance program requirements.

* * * * *
    (b) After December 6, 2004, no certificate holder may operate a 
turbine-powered transport category airplane with a type certificate 
issued after January 1, 1958, and either a maximum type certificated 
passenger capacity of 30 or more, or a maximum type certificated 
payload capacity of 7,500 pounds or more, unless instructions for 
maintenance and inspection of the fuel tank system are incorporated in 
its maintenance program. * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

    7. The authority citation for part 125 continues to read:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


    8. Amend Sec.  125.248 by revising the first sentence of paragraph 
(b) to read as follows:


Sec.  125.248  Special maintenance program requirements.

* * * * *
    (b) After December 6, 2004, no certificate holder may operate a 
turbine-powered transport category airplane with a type certificate 
issued after January 1, 1958, and either a maximum type certificated 
passenger capacity of 30 or more, or a maximum type certificated 
payload capacity of 7,500 pounds or more unless instructions for 
maintenance and inspection of the fuel tank system are incorporated in 
its inspection program. * * *

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

    9. The authority citation for part 129 continues to read:

    Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 44701-
44702, 44712, 44716-44717, 44722, 44901-44904, 44906.


    10. Amend Sec.  129.32 by revising the first sentence of paragraph 
(b) to read as follows:


Sec.  129.32  Special maintenance program requirements.

* * * * *
    (b) For turbine-powered transport category airplanes with a type 
certificate issued after January 1, 1958, and either a maximum type 
certificated passenger capacity of 30 or more, or a maximum type 
certificated payload capacity of 7,500 pounds or more, no later than 
December 6, 2004, the program required by paragraph (a) of this section 
must include instructions for maintenance and inspection of the fuel 
tank systems. * * *

    Issued in Washington, DC on December 3, 2002.
Marion C. Blakey,
Administrator.
[FR Doc. 02-30997 Filed 12-4-02; 3:40 pm]
BILLING CODE 4910-13-P