[Federal Register Volume 69, Number 162 (Monday, August 23, 2004)]
[Rules and Regulations]
[Pages 51940-51941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19252]



[[Page 51939]]

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Part V





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); Extension of Comment Period; 
Final Rule

  Federal Register / Vol. 69, No. 162 / Monday, August 23, 2004 / Rules 
and Regulations  

[[Page 51940]]


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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); Extension of Comment 
Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule and request for comments; extension of comment 
period.

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SUMMARY: This action extends the comment period for the Aging Airplane 
Program Update portion of the Final Rule issued on July 30, 2004 (Fuel 
Tank Safety Compliance Extension (Final Rule) and Aging Airplane 
Program Update (Request for Comments)). In the Final Rule, the FAA 
extended the date for operators to comply with the special maintenance 
program requirements for transport airplane fuel tank systems from 
December 6, 2004 to December 16, 2008. In addition, the Final Rule 
included 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. This extension is a result of a request from Airbus.

DATES: Send your comments on or before September 29, 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 20590-0001.
     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 or 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 continues to invite interested persons to take part in this 
rulemaking by sending written comments, data, or views about the Final 
Rule we issued on July 30, 2004 (Fuel Tank Safety Compliance Extension 
(Final Rule) and Aging Airplane Program Update (Request for 
Comments)(69 FR 45936, July 30, 2004)). We also invite comments about 
the economic, environmental, energy, or federalism impacts that might 
result from either the Fuel Tank Safety Compliance Extension or the 
Aging Airplane Program Update. The most helpful comments reference a 
specific portion of the Final Rule, explain the reason for any 
recommended change, 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 
about the Final Rule. 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 of this 
preamble between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also review the docket using the Internet at 
the Web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including 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.
    We will consider all comments we receive on either the Fuel Tank 
Safety Compliance Extension or the Aging Airplane Program Update by 
their respective comment period closing dates. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay.
    If you want the FAA to acknowledge receipt of your comments on the 
Final Rule, 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.

Background

    On July 30, 2004, the FAA issued Amendment No. 91-283, 121-305, 
125-46, 129-39, Fuel Tank Safety Compliance Extension (Final Rule) and 
Aging Airplane Program Update (66 FR 45936, July 30, 2004). Comments to 
that document were to be received by August 30, 2004.
    On August 5, 2004, Airbus asked the FAA to extend the comment 
period to October 31, 2004. In its petition, Airbus did not object to 
the existing notice period as it relates to the Fuel Tank Compliance 
Extension. However, Airbus believes the discussion of our plans about 
the relationship between design approval holders and operators are 
important and represent a major shift in our philosophy about 
regulatory requirements for design approval holders. Airbus expresses a 
strong interest in carefully considering the implications of these 
potential changes and providing comment to us. As such, Airbus believes 
the existing comment period for the Aging Airplane Program Update is 
inadequate.
    While the FAA agrees with the petitioner's request for an extension 
of the comment period for the Aging Airplane Program Update, the FAA 
believes that an extension to October 31, 2004 would be excessive. As 
we stated in the Final Rule, the Aging Airplane Program Update was 
provided 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. Therefore, we 
believe an added 30 days would be enough for the petitioner to respond 
to the Aging Airplane Program Update in the Final Rule.

[[Page 51941]]

    Absent unusual circumstances, the FAA does not anticipate any 
further extension of the comment period for the Aging Airplane Program 
Update.

Extension of Comment Period

    In accordance with 14 CFR 11.47(c), the FAA has reviewed the 
petition made by Airbus for an extension of the comment period to 
Amendment No. 91-283, 121-305, 125-46, 129-39. The FAA finds that 
extension of the comment period for the Aging Airplane Program Update 
is consistent with the public interest, and that good cause exists for 
taking this action. This petitioner has a substantive interest in the 
Aging Airplane Program Update and good cause for the extension.
    Accordingly, the comment period for the Aging Airplane Program 
Update in Amendment No. 91-283, 121-305, 125-46, 129-39 is extended 
until September 29, 2004.

    Issued in Washington, DC, August 17, 2004.
John M. Allen,
Deputy Director, Flight Standards Service.
[FR Doc. 04-19252 Filed 8-20-04; 8:45 am]
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