[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Proposed Rules]
[Pages 38542-38543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10596]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25, 91, 121, 125, and 129

[Docket No. FAA-2004-18379; Notice No. 05-08]
RIN 2120-AI31


Enhanced Airworthiness Program for Airplane Systems/Fuel Tank 
Safety (EAPAS/FTS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Alignment of compliance times for EAPAS and FTS.

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SUMMARY: On October 6, 2005, the FAA published the ``Enhanced 
Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/
FTS)'' proposed rule. This proposal includes a discussion about our 
intent to coordinate the Instructions for Continued Airworthiness (ICA) 
for fuel tank system and electrical wiring interconnection systems 
(EWIS) to avoid redundancies in those ICA. It also discusses our intent 
to align the compliance dates for operators to include those ICA in 
their maintenance programs. The purpose of this document is to advise 
industry that while we still intend to avoid redundancies in the fuel

[[Page 38543]]

tank system and EWIS ICA, it is no longer practical to align the 
compliance dates to incorporate those ICA into operator maintenance 
programs. As a result, the December 16, 2008 compliance date in the 
fuel tank safety operational rules remains firm, and industry should 
proceed with the necessary plans to meet this date.

DATES: The mandatory compliance date for airline operators to comply 
with the fuel tank safety operational rules is December 16, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, ANM-111, Airplane & 
Flight Crew Interface, Federal Aviation Administration, 1601 Lind 
Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-2315; facsimile 
(425) 227-1320, e-mail [email protected] (certification rules) or 
Fred Sobeck, AFS-304, Aircraft Maintenance Division, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-7355; facsimile (202) 267-7335, e-mail 
[email protected] (operating rules).

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2001, the FAA issued the ``Transport Airplane Fuel Tank 
System Design Review, Flammability Reduction, and Maintenance and 
Inspection Requirements'' final rule.\1\ The operational portion of 
this rule, called ``Fuel Tank Safety Rule,'' requires operators of 
affected transport category airplanes to include fuel tank system 
maintenance and inspection instructions in their existing maintenance 
programs by a specified date. This final rule also included a Special 
Federal Aviation Regulation (SFAR) component, called SFAR 88, which 
applies to design approval holders (DAHs). SFAR 88 requires DAHs, among 
other things, to develop the fuel tank system maintenance and 
inspection instructions that operators need to include in their 
maintenance programs.
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    \1\ 66 FR 23086.
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    On July 30, 2004, the FAA published the ``Fuel Tank Safety 
Compliance Extension (Final Rule) and Aging Airplane Program Update 
(Request for Comments)'' final rule.\2\ That action revised the 
compliance date for fuel tank safety operational rules to December 16, 
2008.
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    \2\ 69 FR 45936.
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    On October 6, 2005, the FAA published the ``Enhanced Airworthiness 
Program for Airplane Systems and Fuel Tank Safety (EAPAS/FTS)'' 
proposal.\3\ In that proposed rule, we discussed our intent to 
coordinate the Instructions for Continued Airworthiness (ICA) for fuel 
tank system and electrical wiring interconnection systems (EWIS). The 
intent of this approach is to facilitate a more comprehensive treatment 
of those ICA and accomplish maintenance instructions at consistent 
intervals. We also discussed our intent to align the compliance times 
for incorporation of those ICA into operators' maintenance programs. 
This would have allowed operators to accomplish their maintenance 
program revisions for both initiatives at one time.
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    \3\ 70 FR 58508.
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    When we originally drafted the EAPAS/FTS proposal, we aligned the 
compliance dates at December 16, 2008, assuming we would issue the 
final rule by mid-2006. This would have allowed operators enough time 
to meet the 2008 compliance date for both fuel tank system and EWIS 
ICA. However, we also realized the EAPAS/FTS rulemaking could take 
longer than expected, so we asked for comments about the possible 
impact on the compliance times. The comment period for the proposal 
closed on February 3, 2006. We are currently reviewing the comments to 
the proposal; we anticipate that we will not issue a final rule that 
will respond to those comments for several months. If we were to keep 
the compliance times aligned, we would need to extend the December 16, 
2008 date to coincide with the compliance date of the EAPAS final rule. 
After studying the impact of delays in issuing the October 2005 EAPAS/
FTS proposal, and after reviewing the comments related to compliance 
dates, we have determined that public safety would not be served by 
extending implementation of the fuel tank safety operational rules 
beyond the December 16, 2008 date. Also, since adoption of the May 7, 
2001 final rule, specifically SFAR 88, DAHs have had enough time to 
develop the required fuel tank system ICA and make them available to 
operators.
    Therefore, for the reasons stated, we have decided not to maintain 
the alignment of the fuel tank system and EWIS compliance times 
specified in the EAPAS/FTS proposal. Today's action gives industry 
notice that the December 16, 2008 date for compliance with the fuel 
tank safety operational rules remains firm.
    While alignment of the fuel tank system and EWIS ICA compliance 
dates is no longer practical, coordination of the maintenance tasks 
contained in the ICA is still desirable and possible. Therefore, it 
remains our intent to fully coordinate these tasks to avoid possible 
conflicts, remove redundancies, and provide maximum efficiency to 
accomplish them.
    We are still evaluating the appropriate compliance date for 
implementation of the EWIS ICA and will provide that date in the EAPAS 
final rule.

    Issued in Washington, DC, June 29, 2006.
John M. Allen,
Acting Director, Flight Standards Service.
Dorenda D. Baker,
Acting Director, Aircraft Certification Service.
[FR Doc. E6-10596 Filed 7-6-06; 8:45 am]
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