[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Rules and Regulations]
[Pages 31618-31620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15311]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 26, 121, 125, and 129

[Docket No. FAA-2005-22997; Amendment Nos. 26-3, 121-345, 125-57, and 
129-47]
RIN 2120-AI23


Reduction of Fuel Tank Flammability in Transport Category 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correcting amendments.

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SUMMARY: The Federal Aviation Administration (FAA) is correcting 
inadvertent errors that appeared in a previously-published final rule. 
That final rule amended FAA regulations that require operators and 
manufacturers of transport category airplanes to take steps that, in 
combination with other required actions, should greatly reduce the 
chances of a catastrophic fuel tank explosion. In that final rule, 
erroneous compliance dates were shown. This document changes those 
compliance dates accordingly. It also corrects other non-substantive 
errors that have come to our attention.

DATES: Effective July 2, 2009.

FOR FURTHER INFORMATION CONTACT: If you have technical questions about 
this action, contact Michael E. Dostert, FAA, Propulsion/Mechanical 
Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-2132, facsimile (425) 227-1320; e-mail: 
[email protected]. Direct any legal questions to Doug Anderson, ANM-
7, FAA, Office of Regional Counsel, 1601 Lind Avenue, SW., Renton, WA 
98057-3356; telephone (425) 227-2166; facsimile (425) 227-1007, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (FAA) published a final rule, 
request for comments entitled ``Reduction of Fuel Tank Flammability in 
Transport Category Airplanes'' in the Federal Register on July 21, 2008 
(73 FR 42444).
    Recently, it was brought to our attention that the effective date 
shown in the document was inconsistent with the Congressional Review 
Act. This act specifies that, for major rules like this one, the 
effective date is no sooner than 60 days after publication or 60 days 
after submission to Congress, whichever occurs later. Since this rule 
was not received by the Government Accounting Office until October 27, 
2008, the effective date of the rule per the Congressional Review Act 
is December 26, 2008, not September 19, 2008. Because compliance dates 
were calculated based on a September 19, 2008 effective date, those 
dates are incorrect. This document makes the appropriate amendatory 
changes necessary to reflect the new compliance dates. We also found 
some minor errors in Sec. Sec.  121.1117, 125.509 and 129.117 and are 
correcting them in this document.

List of Subjects

14 CFR Part 26

    Aircraft, Aviation safety, Continued airworthiness.

14 CFR Part 121

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

14 CFR Part 125

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 129

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

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter 1 of Title 14, Code of Federal Regulations (CFR) parts 
26, 121, 125, and 129, as follows:

PART 26--CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR 
TRANSPORT CATEGORY AIRPLANES

0
1. The authority citation for part 26 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.


0
2. Revise Sec.  26.5 to read as follows:


Sec.  26.5  Applicability table.

    Table 1 of this section provides an overview of the applicability 
of this part. It provides guidance in identifying what sections apply 
to various types of entities. The specific applicability of each 
subpart and section is specified in the regulatory text.


                                     Table 1--Applicability of Part 26 Rules
----------------------------------------------------------------------------------------------------------------
                                                                       Applicable sections
                                               -----------------------------------------------------------------
                                                      Subpart B             Subpart D             Subpart E
                                               -----------------------------------------------------------------
                                                                            Fuel tank         Damage tolerance
                                                      EAPAS/FTS           flammability              data
----------------------------------------------------------------------------------------------------------------
            Effective date of rule                December 10, 2007     December 26, 2008     January 11, 2008
----------------------------------------------------------------------------------------------------------------
Existing \1\ TC Holders.......................                 26.11                 26.33   26.43, 26.45, 26.49
Pending \1\ TC Applicants.....................                 26.11                 26.37          26.43, 26.45
Existing \1\ STC Holders......................                   N/A                 26.35          26.47, 26.49
Pending \1\ STC/ATC Applicants................                 26.11                 26.35   26.45, 26.47, 26.49
Future \2\ STC/ATC Applicants.................                 26.11                 26.35   26.45, 26.47, 26.49
Manufacturers.................................                   N/A                 26.39                   N/A
----------------------------------------------------------------------------------------------------------------
\1\ As of the effective date of the identified rule.
\2\ Application made after the effective date of the identified rule.


[[Page 31619]]

Sec.  26.33  [Amended]

0
3. Amend Sec.  26.33 as follows:
0
A. In paragraph (b)(1), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
B. In paragraph (d) introductory text, remove ``September 20, 2010,'' 
and add ``December 27, 2010,'' in its place.
0
C. In paragraph (d)(2) remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
D. In paragraph (e), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.
0
E. In paragraph (f), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.

0
F. In paragraph (g) introductory text, remove ``September 19, 2008,'' 
and add ``December 26, 2008,'' in its place.
0
G. In paragraph (h) introductory text, remove ``September 19, 2008,'' 
and add ``December 26, 2008,'' in its place.

0
4. Amend Sec.  26.35 as follows:
0
A. In paragraph (a)(1), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
B. In paragraph (a)(2), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place, in both places.
0
C. In paragraph (a)(3) introductory text, remove ``September 19, 
2008,'' and add ``after December 26, 2008,'' in its place.
0
D. In paragraph (b) introductory text, remove ``Flammability Exposure 
Analysis--'' and add ``Flammability Exposure Analysis.'' in its place.
0
E. In paragraph (b)(1)(i), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
F. In paragraph (b)(1)(ii), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
G. In paragraph (b)(2)(i), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
H. In paragraph (c)(1), remove ``March 21, 2011,'' and add ``June 26, 
2011,'' in its place.
0
I. In paragraph (c)(2), remove ``March 21, 2011,'' and add ``June 26, 
2011,'' in its place.
0
J. In paragraph (d)(2), remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
K. In paragraph (e)(1), remove ``September 19, 2012,'' and add 
``December 26, 2012,'' in its place.
0
L. In paragraph (e)(2), remove ``September 19, 2012,'' and add 
``December 26, 2012,'' in its place.
0
M. Revise the table in paragraph (f)(4) to read as set forth below.


Sec.  26.35  Changes to type certificates affecting fuel tank 
flammability.

* * * * *
    (f) * * *
    (4) * * *

                                       Table 2--Compliance Planning Dates
----------------------------------------------------------------------------------------------------------------
                                    Flammability exposure    Impact assessment      Design changes and service
                                        analysis plan              plan                 instructions plan
----------------------------------------------------------------------------------------------------------------
STC and Field Approval Holders....  March 26, 2009.......  February 26, 2011...  August 26, 2011.
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  26.37  [Amended]

0
5. Amend Sec.  26.37 as follows:
0
A. In paragraph (a) introductory text, remove ``September 19, 2008,'' 
the first place it appears and add ``December 26, 2008,'' in its place; 
and remove ``September 19, 2008,'' the second place it appears and add 
``before December 26, 2008,'' in its place.

0
B. In paragraph (b), remove ``September 19, 2008,'' and add ``December 
26, 2008,'' in its place.


Sec.  26.39  [Amended]

0
6. Amend Sec.  26.39 as follows:
0
A. In paragraph (a), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.
0
B. In paragraph (b) introductory text, remove ``September 19, 2008,'' 
and add ``December 26, 2008,'' in its place.
0
C. In paragraph (c), remove ``September 19, 2008,'' and add ``December 
26, 2008,'' in its place.

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

0
7. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44012, 44105, 46301.


Sec.  121.1117  [Amended]

0
8. Amend Sec.  121.1117 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.
0
B. In paragraph (e)(1), remove ``September 19, 2014,'' and add 
``December 26, 2014,'' in its place.
0
C. In paragraph (e)(2), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.
0
D. In paragraph (e)(3), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.
0
E. In paragraph (k)(1), remove ``December 18, 2008,'' and add ``March 
26, 2009,'' in its place.
0
F. In paragraph (k)(2), remove ``March 18, 2009,'' and add ``June 24, 
2009,'' in its place.
0
G. In paragraph (l), remove ``September 19, 2008,'' and add ``December 
26, 2008,'' in its place.
0
H. In paragraph (n), remove ``September 19, 2017,'' and add ``December 
26, 2017,'' in its place; and remove ``September 19, 2008,'' and adding 
``December 26, 2008,'' in its place.
0
I. In paragraph (o)(3), remove ``Armstrong Viscount'' and add ``VC-10'' 
in its place.
0
J. Remove paragraph (o)(12) and redesignate paragraphs (o)(13) through 
(o)(18) as paragraphs (o)(12) through (o)(17), respectively.
0
K. In the newly redesignated paragraph (o)(13), remove the words 
``Handley Page'' the first time they appear.

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
9. The authority citation for part 125 continues to read as follows:

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


0
10. Amend Sec.  125.509 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.
0
B. In paragraph (e)(1), remove ``September 19, 2014,'' and add 
``December 26, 2014,'' in its place.
0
C. In paragraph (e)(2), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.

[[Page 31620]]

0
D. In paragraph (e)(3), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.
0
E. In paragraph (l), remove ``September 19, 2017'' and add ``December 
26, 2017,'' in its place; and remove ``September 19, 2008'' and add 
``December 26, 2008,'' in its place.
0
F. In paragraph (m)(3), remove ``Armstrong Viscount'' and add ``VC-10'' 
in its place.
0
G. Remove paragraph (m)(12) and redesignate paragraphs (m)(13) through 
(m)(18) as paragraphs (m)(12) through (m)(17).
0
H. In newly redesignated paragraph (m)(13), remove the words ``Handley 
Page'' the first time they appear.
0
I. Add Table 2 immediately after paragraph (k) to read as set forth 
below.
    The addition reads as follows:


Sec.  125.509  Flammability reduction means.

* * * * *
    (k) * * *

                                 Table 2
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series............................  A318, A319, A320, A321 Series.
737 Series............................  A300, A310 Series.
777 Series............................  A330, A340 Series.
767 Series............................
757 Series............................
------------------------------------------------------------------------

* * * * *

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

0
11. The authority citation for part 129 continues to read as follows:

    Authority:  49 U.S.C. 1372, 40113, 40119, 44101, 44710-44702, 
447-5, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906, 
44912, 44105, Pub. L. 107-71 sec. 104.


Sec.  129.117  [Amended]

0
12. Amend Sec.  129.117 as follows:
0
A. In paragraph (b), remove ``September 20, 2010,'' and add ``December 
27, 2010,'' in its place.
0
B. In paragraph (d) introductory text, remove the words ``After the 
dates specified in paragraphs (j), (k), and (l) of this section,'' and 
capitalize the first letter of the word ``after''.
0
C. In paragraph (e)(1), remove ``September 19, 2014,'' and add 
``December 26, 2014,'' in its place.
0
D. In paragraph (e)(2), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.
0
E. In paragraph (e)(3), remove ``September 19, 2017,'' and add 
``December 26, 2017,'' in its place.
0
F. In paragraph (k)(1), remove ``December 18, 2008,'' and add ``March 
26, 2009,'' in its place.
0
G. In paragraph (k)(2), remove ``March 18, 2009,'' and add ``June 24, 
2009,'' in its place.
0
H. In paragraph (l), remove ``September 19, 2008,'' and add ``December 
26, 2008,'' in its place.
0
I. In paragraph (m), Table 3, remove the phrase ``707/720 Series''.
0
J. In paragraph (n), remove ``September 19, 2017,'' and add ``December 
26, 2017,'' in its place; and remove ``September 19, 2008,'' and add 
``December 26, 2008,'' in its place.
0
K. In paragraph (o)(3), remove ``Armstrong Viscount'' and add ``VC-10'' 
in its place.
0
L. Remove paragraph (o)(12) and redesignate paragraphs (o)(13) through 
(o)(18) as paragraphs (o)(12) through (o)(17).
0
M. In newly redesignated paragraph (o)(13), remove the words ``Handley 
Page'' the first time they appear.

    Issued in Washington, DC, on June 22, 2009.
Rebecca MacPherson,
Assistant Chief Counsel for Regulation, Office of the Chief Counsel.
[FR Doc. E9-15311 Filed 7-1-09; 8:45 am]
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