[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Proposed Rules]
[Page 38542-38543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-21]
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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 steve.slotte@faa.gov (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
frederick.sobeck@faa.gov (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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