[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Rules and Regulations]
[Page 51939-51941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-8]
[[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
[[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: Mario.Giordano@faa.gov.
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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