[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45936-45942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17188]



[[Page 45935]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 121, 125, and 129



Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane 
Program Update (Request for Comments); Final Rule

  Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Rules 
and Regulations  

[[Page 45936]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 129

[Docket No. FAA-2004-17681; Amendment No. 91-283, 121-305, 125-46, 129-
39]
RIN 2120-AI20


Fuel Tank Safety Compliance Extension (Final Rule) and Aging 
Airplane Program Update (Request for Comments)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action extends the date for operators to comply with the 
special maintenance program requirements for transport airplane fuel 
tank systems. This extension is from December 6, 2004 to December 16, 
2008. This action is necessary to allow operators enough time, after 
receipt of fuel tank systems maintenance programs from design approval 
holders, to incorporate necessary revisions into their maintenance 
programs.
    Besides the compliance date extension, this rule includes an 
overview of the findings of the FAA's review of our Aging Airplane 
Program and the additional rulemaking projects we plan because of that 
review.

DATES: This final rule is effective July 30, 2004.
    File comments on or before August 30, 2004.

ADDRESSES: You may send comments [identified by Docket Number FAA-2004-
17681] using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time. You can also go to Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mario L. Giordano, FAA, Aircraft 
Maintenance Division, Flight Standards Service, AFS-300, 800 
Independence Avenue, SW., Washington DC 20591; telephone: (412) 262-
9024 (x241); fax: (412) 264-9302, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA is adopting this final rule without prior notice and public 
comment. However, the Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 1134; February 26, 1979) 
provide that, to the maximum extent possible, operating administrations 
for the DOT should provide an opportunity for public comment on 
regulations issued without prior notice. Therefore, we invite 
interested persons to take part in this rulemaking by filing any 
written data, views, or arguments they may wish. We also invite 
comments about environmental, energy, federalism, or international 
trade impacts that might result from this amendment.
    As for the Aging Aircraft Program update, we are providing this 
mainly for informational purposes. As part of the normal rulemaking 
process, the public will have an opportunity to comment on the 
specifics of each proposal under the Aging Aircraft Program at the time 
we publish the applicable rulemaking documents. However, we also 
welcome any comments you may have on the general Aging Airplane Program 
update in this final rule.
    For any comments about either the compliance date extension or the 
Aging Aircraft Program update, please include the regulatory docket or 
amendment number and send two copies to the address above. We will file 
all comments received, as well as a report summarizing each substantive 
public contact with FAA personnel on this rulemaking, in the public 
docket. The docket is available for public inspection before and after 
the comment closing date. The docket number for this rule is FAA-2004-
17681.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets. 
The available information includes the name of the individual sending 
the comment (or signing the comment for an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477-78) or 
you may visit http://dms.dot.gov.
    The FAA will consider all comments received on or before the 
closing date for comments. We will consider late comments to the extent 
practicable. We may amend this final rule because of the comments 
received.
    Commenters who want the FAA to acknowledge receiving their comments 
filed in response to this final rule must include a preaddressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-2004-17681.'' We will date-stamp 
the postcard and mail it to you.

Availability of Final Rule

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing 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 sending 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. Please 
include the docket number.

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. Therefore, any small entity that has a question about 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, http://www.gov/avr/arm/sbrefa.htm. For more information on

[[Page 45937]]

SBREFA, e-mail us [email protected].

Background

General

    The FAA developed the Aging Airplane Program to addresses 
structural and non-structural system safety issues that may arise as 
airplanes age and in response to:
    (1) Airplanes being operated beyond their original design service 
goals;
    (2) The 1988 Aloha B737 accident; and
    (3) The Aging Airplane Safety Act of 1991.
    To address the safety issues raised by the above events, the FAA 
developed four rulemaking projects. These projects became known 
collectively as the Aging Airplane Program and are:
    (1) The Enhanced Airworthiness Program for Airplane Systems (Notice 
of Proposed Rulemaking in development);
    (2) The Aging Airplane Safety Rule (Interim Final Rule issued on 
December 6, 2002);
    (3) The Widespread Fatigue Damage Program (Notice of Proposed 
Rulemaking in development); and
    (4) The Corrosion Prevention and Control Program (Notice of 
Proposed Rulemaking issued on October 3, 2002).
    Besides the Aging Airplane Program, the FAA issued the Fuel Tank 
System Safety Rule (Final Rule) on April 19, 2001 in response to 
certain fuel tank system failures, including the 1996 TWA Flight 800 
B747 accident. Since there are interactions between the operational 
rules of the Fuel Tank System Safety Rule and the rules of the Aging 
Airplane Program, we included it in the overall review of the Aging 
Airplane Program.

Review of Aging Airplane Program

    The FAA recently performed a comprehensive review of the Aging 
Airplane Program. The goals of this review were to:
     Identify how to most effectively align the rulemaking 
initiatives to ensure there are no overlapping or redundant 
requirements;
     Ensure that design approval holder data supporting 
operator compliance is available on time; and,
     Ensure that the resulting maintenance requirements allow 
operators to be more efficient in revising their maintenance programs 
when addressing multiple, similar initiatives.
    During this review, the FAA found that certain compliance dates in 
the existing rules and the pending rulemaking projects conflict. If not 
corrected, these conflicting dates would prevent operators from 
complying with the requirements efficiently during scheduled 
maintenance. In addition, this conflict would impact our ability to 
schedule oversight programs to coincide with the operators' scheduled 
maintenance.
    Our review of the Aging Airplane Program also revealed that we need 
to make certain substantive changes to the focus of and language in 
some of the individual rulemaking projects. This action is necessary to 
improve the overall efficiency of the individual rulemaking projects 
and the Aging Airplane Program as a whole by ensuring that these 
projects work together.
    The FAA expects that the realignment of the compliance dates and 
other aspects of the Aging Airplane Program will result in:
    (1) Enhanced safety by causing inspections to be focused on the 
same area of an airplane at the same time and by reducing the need to 
disturb airplane systems repeatedly;
    (2) Fewer service disruptions by reducing the number of times an 
airplane has to be removed from service to perform such inspections; 
and
    (3) Significantly lower compliance costs for operators due to the 
efficiencies associated with performing multiple inspections at the 
same time.
    To make the Aging Airplane Program realignment possible, the FAA is 
extending the compliance date for the Fuel Tank Safety operational 
rules from 2004 to 2008. We are also extending compliance with some 
aging-related operational rules from 2007 to 2010. The details of these 
extensions are discussed in more detail later in this rulemaking. 
However, we want to be clear that we are confident that these 
extensions will not have a negative impact on safety. The FAA remains 
committed to actively addressing all fuel tank and aging airplane 
safety concerns. In the last few years, we have created a safety net of 
actions that include more than 600 airworthiness directives (ADs) to 
address specific safety concerns, and several far-reaching initiatives 
to establish new safety standards for air carrier operations and 
airplanes. We will continue to use ADs to address any potential aging 
issues with specific aircraft. In addition, we will also continue to 
encourage industry to develop and implement programs that support 
compliance with the Aging Airplane Program initiatives.

First Action To Improve the Aging Airplane Program

    During the Aging Airplane Program review, we recognized that the 
Fuel Tank Safety Rule compliance date of December 6, 2004 presented a 
problem. The operators need to start immediate action to meet the Fuel 
Tank Safety Rule requirements by this date but will have difficulty 
doing so for reasons discussed in more detail below. While the FAA 
intends to initiate a rulemaking to address those factors making 
compliance difficult, this rulemaking will not be in place by the 
existing compliance date. Therefore, we are taking action to correct 
this by extending the compliance date in this final rule.
    This is the first rulemaking arising from the Aging Airplane 
Program review. While all the details about the FAA's new approach to 
the Aging Airplane Program are not developed fully, the FAA understands 
that industry is eager for information on this new approach. Therefore, 
we are including an overview of our findings and the additional 
rulemaking projects that we plan based on the Aging Airplane Program 
review in this final rule. As these projects develop, we may decide we 
need to make changes to some aspects of the individual projects 
described here. The rulemaking document for each project under the 
Aging Airplane Program will fully discuss our decisions and proposals 
for that project.
    This final rule will first discuss the Fuel Tank Safety Rule 
compliance date extension. The overview about the Aging Airplane 
Program will immediately follow, starting in the section below entitled 
``Review of Aging Airplane Program''.

Fuel Tank Safety Rule--Extending Compliance Dates

    On April 19, 2001, the FAA issued a final rule entitled, 
``Transport Airplane Fuel Tank System Design Review, Flammability 
Reduction, and Maintenance and Inspection Requirements'' (66 FR 23086, 
May 7, 2001). This discussion refers to this as the ``Fuel Tank Safety 
Rule.'' As stated above, there are interactions between the operational 
rules of the Fuel Tank Safety Rule and the Aging Airplane Program 
rules. Therefore, we included these operational rules in our review of 
the Aging Aircraft Program.
    We issued the Fuel Tank Safety Rule to address unforeseen failure 
modes in fuel tank systems and the lack of specific maintenance 
procedures that could result in degrading the design safety features 
intended to preclude ignition of fuel tank vapors.
    One part of the Fuel Tank Safety Rule, Special Federal Aviation 
Regulation (SFAR) 88, applies to design approval

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holders (i.e., manufacturers and other holders of supplemental type 
certificates) of certain turbine-powered transport category airplanes, 
and any person who modifies these airplanes later. SFAR 88 requires 
them to perform safety assessments to confirm if the design of the fuel 
tank system precludes the existence of ignition sources in the fuel 
tank system. SFAR 88 also requires developing design changes and 
maintenance and inspection instructions to assure the safety of the 
fuel tank system.
    Other sections of the Fuel Tank Safety Rule (referred to as the 
``operational rules'') requires operators of these airplanes to include 
fuel tank safety maintenance and inspection instructions in their 
existing maintenance programs. The requirements of these operational 
rules address two areas:
    (1) The fuel tank systems of the ``baseline'' airplane (as 
originally made by the design approval holder); and
    (2) The ``actual configuration'' of the fuel tank systems of each 
affected airplane (as modified or altered after original manufacture).
    The FAA recognizes that operators will have difficulty meeting 
their obligations before the December 6, 2004 compliance date specified 
in 14 CFR 91.410(b), 121.370(b), 125.248(b) and 129.32(b) for the 
following four reasons:
    (1) SFAR 88 requires design approval holders to perform complex 
analyses and to develop programs from those analyses. These safety 
analyses identified an unanticipated large number of potential ignition 
sources and safety features for which the design approval holders must 
develop associated maintenance and inspection tasks. The design 
approval holders have not yet fully developed these tasks. 
Consequently, operators cannot develop their maintenance and inspection 
instructions without this guidance and information from the design 
approval holders.
    (2) When the FAA adopted SFAR 88, we provided guidance on how to 
perform safety assessments. However, this guidance was not specific 
enough to help design approval holders comply with the requirement to 
develop maintenance programs based on these assessments. Because this 
type of safety assessment had never been performed, we did not fully 
recognize the complexity of the assessments and their potential 
outcomes. In some cases, we could not have developed this guidance on 
maintenance programs until we had the results of the safety 
assessments.
    (3) The FAA, the design approval holders and the operators did not 
share a common understanding of our requirements and expectations for 
developing these maintenance and inspection instructions.
    (4) FAA's requirement that maintenance and inspection instructions 
address the actual configuration of the operators' airplanes resulted 
in confusion and difficulty among the operators. They did not know to 
what extent they needed to confirm the actual configuration of their 
airplanes, including repairs, alterations and modifications, or to 
evaluate their impact on the safety of the fuel tank system.
    Based on the above, the FAA believes that it is not feasible to 
require compliance with the operational rules by the existing 
compliance date of December 6, 2004. The FAA considers an extension of 
this compliance date by about four years appropriate. We based this 
decision on (i) the scope of work still necessary to develop and set up 
the programs required by the Fuel Tank Safety Rule's operational rules, 
(ii) the goal of aligning the compliance dates in all the Aging 
Airplane Program rulemaking initiatives, and (iii) the effort required 
of both the FAA and industry to ensure compliance.
    Therefore, the FAA is issuing this extension of time for the 
operating rules in the Fuel Tank Safety Rule immediately. This final 
rule extends the compliance dates for 14 CFR Sec. Sec.  91.410(b), 
121.370(b), 125.248(b) and 129.32(b), special maintenance program 
requirements from December 6, 2004 to December 16, 2008.
    Extending the compliance dates does not affect the FAA's commitment 
to identify fuel tank system unsafe conditions and implement 
airworthiness directives to require corrective action. As described in 
the preamble of the Fuel Tank Safety Rule, the FAA intends to address 
unsafe conditions identified in the design holder assessments by 
issuing airworthiness directives to require corrective actions. 
Therefore, this extension will not delay correcting existing unsafe 
conditions. Rather, it will simply allow more time for operators to 
implement programs that will enable them to prevent other unsafe 
conditions from developing in the future.

Review of Aging Airplane Program

    As discussed above, the FAA performed a comprehensive review of the 
Aging Airplane Program. Based on this review, the FAA has concluded 
that:
    (1) We need to realign certain compliance dates in the existing 
rules and pending proposals to be more consistent; and
    (2) We need to make certain substantive changes to the focus and 
direction of some of the individual rulemaking projects to ensure that 
these projects work together.
    Therefore, the FAA has decided to revise the existing rules and 
pending proposals of the Aging Airplane Program accordingly and to 
align the compliance schedules as nearly as possible. Besides the 
extended compliance time adopted in this final rule, the FAA actions 
that will be affected by these revisions are:
    (1) Transport Airplane Fuel Tank System Design Review, Flammability 
Reduction, and Maintenance and Inspection Requirements Special Federal 
Aviation Regulation;
    (2) Enhanced Airworthiness Program for Airplane Systems;
    (3) Aging Airplane Safety Rule;
    (4) Widespread Fatigue Damage Program; and
    (5) Corrosion Prevention and Control Programs.
    We intend to publish separate rulemaking documents soon for each of 
these actions. As part of the normal rulemaking process the public will 
have an opportunity to comment on the specifics of each proposal at the 
time we publish the applicable rulemaking documents. However, we also 
welcome comments you may have on the general Aging Airplane Program 
update in this document.

Transport Airplane Fuel Tank System Design Review, Flammability 
Reduction, and Maintenance and Inspection Requirements

    Besides the compliance date extension contained in this final rule, 
the FAA is considering revising the operational rules of the Fuel Tank 
Safety Rule to do the following:
    (1) Limit the scope of the requirement to assess the ``actual 
configuration'' of fuel tank systems and identify clearly the 
configuration elements that directly affect fuel tank system safety;
    (2) Clarify what changes the operators need to make to their 
maintenance programs;
    (3) Clarify the roles and responsibilities of the principal 
airworthiness inspectors in reviewing and approving the incorporation 
of the operator's fuel system maintenance program; and
    (4) Clarify other terminology.
    The EAPAS proposal (discussed below) also affects fuel tank wiring 
issues. To prevent overlap or conflict with EAPAS, the FAA will propose

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these changes as a part of that rulemaking.
    As previously discussed, the design approval holders did not fully 
develop the maintenance and inspection tasks that would be used by the 
operators in making changes to their maintenance programs. 
Consequently, we will also issue guidance to help ensure the design 
approval holders are fully aware of what is necessary to show 
compliance with SFAR 88. We will base this guidance on feedback from 
both operators and design approval holders. We intend to contact all 
design approval holders and provide them with necessary information on 
our expectations for determining what maintenance and inspection tasks 
SFAR 88 requires and when they must provide these tasks. We will then 
work with them to ensure their full compliance. This will guarantee 
that operators have the documents they need to comply with the Fuel 
Tank Safety Rule's operational rules.
    Overall, the FAA's guidance will include developing:
    (1) A compliance plan;
    (2) A means to oversee the progress towards compliance; and
    (3) Possible actions we may take if the design holder does not 
comply.

Enhanced Airworthiness Program for Airplane Systems (EAPAS)

    The FAA intends to develop an NPRM that addresses electrical wiring 
system malfunctions and wire contamination based on recommendations of 
the Aging Transport Systems Rulemaking Advisory Committee. 
Specifically, we are considering requiring design approval holders for 
transport category airplanes to make changes to existing Instructions 
for Continued Airworthiness to improve maintenance information for 
wiring systems. We are also considering requiring operators to 
incorporate these changes into their regular maintenance programs. We 
also intend to strengthen design requirements for wire systems by:
    (1) Moving existing regulatory references to wiring into a single 
section of the regulations specifically for wiring; and
    (2) Adding new certification rules to ensure the safety of wire 
systems.
    Since the Fuel Tank Safety Rule and the EAPAS proposal have similar 
elements and operational requirements, we believe it is appropriate to 
combine the operational requirements of the two programs. This would 
preclude any redundancies that may currently exist between the two 
rulemakings if we were to issue them separately.

Aging Airplane Safety Rule

    On December 6, 2002, the FAA published an interim final rule with 
request for comments, referred to as the ``Aging Airplane Safety Rule'' 
(67 FR 72726). This final rule requires airplanes used in air carrier 
operations to undergo inspections and records reviews by the 
Administrator or a designated representative. These inspections and 
reviews occur after the aircraft's 14th year in-service and at named 
intervals after that. These inspections and records reviews will ensure 
that operators maintain these airplanes' age-sensitive parts and 
components in an acceptable and timely manner.
    This rule also bans operating these airplanes after specified 
deadlines unless operators include damage-tolerance-based inspections 
and procedures in their maintenance or inspection programs. The damage-
tolerance-based inspections and procedures help to ensure the continued 
airworthiness of fatigue-sensitive parts and components of an airplane.
    In this rule, the FAA stated that we continually seek to find ways 
to carry out our rules at lower cost without compromising safety and 
sought comments for that purpose. Industry responded to our request 
with many comments citing the adverse economic impact of the rule as 
currently written. We reviewed these comments and determined that 
changes to the rule would substantially reduce the burden on the 
industry without compromising the rule's safety objective. These 
changes would be in the area requiring damage tolerance based 
inspections and procedures. Specifically, we are considering limiting 
the applicability of these damage-tolerance requirements to airplanes 
initially type certificated with 30 or more passenger seats or a 
payload capacity of 7,500 pounds or more that are:
    (1) Transport category airplanes operated by air carriers under 14 
CFR Part 121; or
    (2) U.S.-registered airplanes operated under 14 CFR Part 129.
    The FAA also received many comments recommending that we task the 
Aviation Rulemaking Advisory Committee (ARAC) to establish guidelines 
for the development of damage tolerance programs that will support 
compliance with the rule. We agree with this recommendation and intend 
to task ARAC. Therefore, we are considering extending the compliance 
date stated in the final rule from December 5, 2007 to December 20, 
2010. This will allow enough time for ARAC to perform this task and for 
operators to comply with the requirement to include damage tolerance-
based inspections in their maintenance program.
    The FAA also received comments about the Aging Airplane Safety Rule 
that sought direct participation by design approval holders to develop 
the required programs. Without this participation, the operators will 
have difficulty complying with the rule. Based on these comments, we 
are considering proposing a new rule to require design approval holders 
to develop damage tolerance programs that will support compliance with 
the rule.
    We are addressing the comments to the interim final rule. We intend 
to publish a revised final rule soon. We also intend to publish an NPRM 
to propose the new requirements for design approval holders.

Widespread Fatigue Damage

    The FAA intends to develop an NPRM to require incorporation into 
the FAA-approved maintenance program of a program to preclude 
widespread fatigue damage (WFD). This NPRM is based on recommendations 
from ARAC and results from the concern for the continued operational 
safety of airplanes that are approaching or have exceeded their 
expected service life. We are considering imposing a limit on the total 
flight cycles or hours. To operate an airplane beyond this limit, more 
inspections, modifications or replacement actions must be incorporated 
into the operator's maintenance program to preclude widespread fatigue 
damage. This proposal would ban continued operations unless operators 
accomplish such action.
    This proposal is similar to the Aging Airplane Safety Rule. 
Complying with both of these operational requirements would depend on 
design approval holders developing the necessary data and 
documentation. Therefore, we are also considering proposing a new rule 
to require design approval holders to develop these data and documents.

Corrosion Prevention and Control Program

    The Corrosion Prevention and Control Program (CPCP) NPRM, issued on 
October 3, 2002 (67 FR 62142), proposes to require that maintenance or 
inspection programs include FAA-approved corrosion prevention and 
control programs. This would apply to all airplanes operated under Part 
121, all U.S. registered multi-engine airplanes operating under Part 
129, and all multiengine airplanes used in scheduled operations under 
Part 135.

[[Page 45940]]

    After considering the comments received, the FAA has determined 
that actions by the industry and the FAA may have made this proposal 
unnecessary. Therefore, we are considering withdrawing this NPRM.

New Approach for Requirements for Design Approval Holders

    As identified in the preceding paragraphs, the FAA is considering 
proposing new rules to require design approval holders to develop the 
necessary data and documents to support the operator's compliance with 
each of the Aging Airplane Program rulemaking projects. As noted above 
in our discussion of the Fuel Tank Safety Rule, we implemented design 
holder requirements through a Special Federal Aviation Regulation 
(SFAR) to Part 21.
    Since that rulemaking action, the FAA determined that for future 
operational rules where operators must rely on data or documents from 
design approval holders, we will mandate that the design approval 
holders' data or documents be developed by a specified date. For the 
Aging Airplane Program rulemaking projects and other future rulemaking 
actions related specifically to continued airworthiness, we decided 
that the requirements for the design approval holders will be included 
in a new subpart to Part 25, rather than in an SFAR. This approach will 
locate all requirements for design approval holders related to the 
continued airworthiness of transport category airplanes together in one 
place. We believe this will be a more efficient organization of those 
regulations.
    The FAA plans to create the new subpart and modify the 
applicability of Part 25 to include requirements for design approval 
holders as well as applicants for Part 25 design approvals. We will 
propose those actions in the individual rulemaking documents.
    Since the FAA has not previously included design holder continued 
airworthiness requirements in Part 25, we wanted to highlight this new 
approach for the public.

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 ``No Notice''

    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.''
    The FAA finds that notice and public comment on this final rule are 
impracticable. For the APA, ``impracticable'' means that, if notice and 
comment procedures were followed, they would defeat the purpose of the 
rule. As explained previously, the purpose of this final rule is to 
extend the compliance dates for the operational rules from December 6, 
2004, to December 16, 2008. Coordinating and issuing rulemaking 
documents will take time under current procedures. We cannot issue a 
notice, receive comments, and issue a final rule before the current 
compliance date. The operators will also need several months before the 
compliance date to develop programs to comply with these requirements. 
Therefore, any delay in issuing this final rule would subject operators 
to confusion and the expense of trying to comply without the necessary 
documents from design approval holders. Therefore, it is 
``impracticable'' to provide notice and opportunity to comment.

Good Cause for Immediate Adoption

    Section 553(d)(1) allows an agency to make a rule effective 
immediately if it relieves a restriction. This avoids the 30-day 
delayed effective date requirement in section 553. Since this final 
rule relieves a restriction by extending compliance dates, it is 
effective on 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 if the agency makes 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) bans 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards. Where suitable, the Trade Act directs agencies to use those 
international standards as the basis of U.S. standards. Fourth, the 
Unfunded Mandates Reform Act of 1995 requires agencies to prepare a 
written assessment of the costs, benefits, and other effects of 
proposed or final rules. This requirement applies only to rules that 
include a Federal mandate on State, local, or tribal governments, 
likely to result in a total expenditure of $100 million or more in any 
one year (adjusted for inflation).
    In conducting these analyses, the FAA determines that this rule:
    (1) Has benefits which justify its costs and is not a ``significant 
regulatory action'' as defined in the Executive Order and as defined in 
DOT's Regulatory Policies and Procedures;
    (2) Will not have a significant impact on a substantial number of 
small entities;
    (3) Has minimal effects on international trade; and
    (4) Does not impose an unfunded mandate on State, local or tribal 
governments or on the private sector.

Economic Summary

    This rule extends the compliance time for operators to comply with 
the Fuel Tank Safety Rule. If the FAA left the original compliance date 
in place, some operators' maintenance programs would have been out of 
compliance. Those operators would have been subject to fines and they 
would have experienced maintenance schedule disruptions. With more time 
to comply, however, operators would be able to upgrade their 
maintenance manuals to incorporate the maintenance programs suggested 
by the design approval holders. Although we cannot provide a 
quantitative estimate of the losses resulting from the fines and 
maintenance schedule disruptions, we believe these would have been 
significant. Further, there will be a decrease in overall paperwork and 
costs if this rule has the same compliance date as the other aging 
aircraft rules. Having a common compliance date would allow operators 
to most efficiently set up their aging aircraft maintenance programs. 
Further, operators will be able to take more time to understand the new 
procedures and provide more training to their mechanics. Thus, we 
maintain that this

[[Page 45941]]

rule produces benefits and reduces costs.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 states:
    ``* * * 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 business, organizations, and governmental jurisdictions subject 
to regulation.''
    To achieve this principle, the Act requires agencies to seek and 
consider flexible regulatory proposals and to explain the reason for 
their actions. The Act covers a wide range of small entities, including 
small businesses, not-for-profit organizations, and small governmental 
jurisdictions.
    As this rule results in lower costs for all operators, the 
Administrator certifies the final rule is not expected to have a 
significant economic impact on a substantial number of small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 bans Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. The Act does not consider legitimate domestic objectives, such 
as safety, to be unnecessary obstacles. The statute also requires 
consideration of international standards and, where suitable, that they 
be the basis for U.S. standards. The FAA has assessed the potential 
affect of this action and determined that it will have only a domestic 
impact and, therefore, no affect on any trade-sensitive activity.

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.
    Section 202(a) (2 U.S.C. 1532) of Title II of the Act requires that 
each Federal agency, to the extent permitted by law, prepare a written 
statement assessing the affects of any Federal mandate in a proposed or 
final agency rule that may result in the expenditure by State, local, 
and tribal governments, in the aggregate, or by the private sector, of 
$100 million or more (adjusted annually for inflation) in any one year. 
The Act considers such a mandate to be a ``significant regulatory 
action.'' Section 203(a) of the Act (2 U.S.C. 1533) provides that 
before setting up any regulatory requirements that might significantly 
or uniquely affect small governments, an agency must have developed a 
plan under which the agency must:
    (1) Provide notice of the requirements to potentially affected 
small governments, if any;
    (2) Enable officials of affected small governments to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant Federal intergovernmental mandates; and,
    (3) Inform, educate, and advise small governments on compliance 
with the requirements.
    About the second requirement listed above, Section 204(a) of the 
Act (2 U.S.C. 1534) requires the Federal agency to develop an effective 
process to permit elected officers of State, local, and tribal 
governments (or their designees) to provide the input described.
    This action does not contain a significant Federal 
intergovernmental or private sector mandate because it reduces the 
costs to operators. Therefore, the requirements of Title II 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 the following:
     Are the requirements in the regulation clearly stated?
     Does the regulation contain technical language or jargon 
that interferes with their clarity?
     Would the regulation be easier to understand if it was 
divided into more (but shorter) sections?
     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.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects

14 CFR Parts 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 Amendments

0
Considering the foregoing, the Federal Aviation Administration amends 
Parts 91, 121, 125, and 129 of Title 14, Code of Federal Regulations, 
as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

0
2. 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 16, 2008, 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

[[Page 45942]]

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

0
3. The authority citation for part 121 continues to read:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.


0
4. 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 16, 2008, 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

0
5. 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.


0
6. 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 16, 2008, 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

0
7. The authority citation for part 129 continues to read:

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906, 
44912, 46105, Pub. L. 107-71 sec. 104.


0
8. 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, the program 
required by paragraph (a) of this section must include instructions for 
maintenance and inspection of the fuel tank systems no later than 
December 16, 2008. * * *

    Issued in Washington, DC, July 21, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-17188 Filed 7-28-04; 8:45 am]
BILLING CODE 4910-13-P