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[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Rules and Regulations]               
[Page 11734-11735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr10-2]                         


[[Page 11734]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 26

[Docket No. FAA-2005-21693; Amendment No. 26-4]
RIN 2120-AI32

 
Damage Tolerance Data for Repairs and Alterations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to a final rule published in the Federal Register on 
December 12, 2007. That final rule required holders of design approvals 
to make damage tolerance data for repairs and alterations to fatigue 
critical airplane structure available to operators. After issuing the 
final rule, the FAA determined that further changes were needed to 
clarify the applicability of certain provisions and the compliance time 
of another provision.

DATES: Effective Date: Effective on March 12, 2010.

FOR FURTHER INFORMATION CONTACT: For technical questions contact Greg 
Schneider, Airframe and Cabin Safety Branch, ANM-115, Federal Aviation 
Administration, 1601 Lind Ave., SW., Renton, Washington 98057-3356; 
telephone (425) 227-2116; facsimile (425) 227-1232; e-mail 
Greg.Scheider@faa.gov. For legal questions contact Doug Anderson, 
Office of the Chief Council, ANM-7, Federal Aviation Administration, 
1601 Lind Ave., SW., Renton, Washington 98057-3356; telephone (425) 
227-2166; facsimile (425) 227-1007; e-mail Douglas.Anderson@faa.gov.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) 
published a final rule in the Federal Register on December 12, 2007 (72 
FR 70486), which amended 14 CFR parts 26, 121, and 129. That final rule 
requires holders of design approvals to make available to operators 
damage tolerance (DT) data for repairs and alterations to fatigue 
critical airplane structure. After issuing the final rule, the FAA 
determined that minor technical changes are needed to clarify the 
intent of and compliance with Sec.  26.43(e) and Sec.  26.45(b)(1) and 
(e)(1).

Change to Sec.  26.43(e)

    The change to Sec.  26.43(e) clarifies that this section does not 
apply to type certificate (TC) holders of pending or future type 
certified airplane models, including any airplane model type certified 
after January 11, 2008. This change is relieving to TC holders and does 
not impact a TC holder's ability to comply with Sec.  26.43(e). The FAA 
did not intend to require TC holders to develop repair evaluation 
guidelines (REG) for pending or future type certified airplane models. 
The purpose of the REG is to enable operators to obtain DT data for 
existing repairs for which DT data has not already been provided. 
Section 26.43(b), (c), and (d) already require all TC holders to 
develop and make available to operators DT data for all future repairs 
they develop that affect fatigue critical baseline structure. 
Operators, therefore, will have the DT data for TC holder repairs 
necessary to support their compliance with 14 CFR 121.1109(c)(2) of the 
Aging Airplane Safety rule. For repairs developed by the operator or 
third parties, operators are responsible for developing or obtaining 
the necessary DT data to comply with the certification bases for these 
airplanes; it would not be appropriate to impose this obligation on the 
TC holder.

Change to Sec.  26.45(b)

    The change to Sec.  26.45(b)(1) clarifies that Sec.  26.45(b)(1) 
applies to both existing and future alterations and corrects an 
inconsistency with Sec.  26.45(b). This change does not require 
additional work, since Sec.  26.45(b) already applies to existing and 
future alterations.

Change to Sec.  26.45(e)(1)

    The change to Sec.  26.45(e)(1) provides an appropriate compliance 
time for submitting a list of fatigue critical alteration structure for 
alteration data approved on or after January 11, 2008. This change is 
relieving and necessary to correct an oversight in the original 
regulatory text, which inadvertently imposes a compliance time that 
cannot be met for future alterations. For alteration data approved on 
or after January 11, 2008, this change would require that the list of 
fatigue critical structure be submitted before the alteration data is 
approved.

Justification for Immediate Adoption

    Since this action is relieving to holders of type certificates and 
clarifies the intent of the regulations, the FAA finds that notice and 
public comment under 5 U.S.C. 553(d) is unnecessary. For the same 
reason, the FAA finds good cause exists under 5 U.S.C. 553(d) for 
making this rule effective upon publication.

Technical Amendment

    The technical amendment clarifies the applicability of Sec.  
26.43(e) and the scope of Sec.  26.45(b)(1). This technical amendment 
also adds to Sec.  26.45(e)(1) an appropriate compliance time for 
submitting fatigue critical alteration structure for alteration data 
approved on or after January 11, 2008.

List of Subjects in 14 CFR Part 26

    Aircraft, Aviation safety, Continued airworthiness.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) part 26 
is amended 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, 44704.


0
2. Amend Sec.  26.43 by revising paragraph (e) introductory text to 
read as follows:


Sec.  26.43  Holders of and applicants for type certificates--Repairs.

* * * * *
    (e) Repair evaluation guidelines. Except for airplane models whose 
type certificate is issued after January 11, 2008, holders of a type 
certificate for each airplane model subject to this section must--
* * * * *

0
3. Amend Sec.  26.45 by revising paragraphs (b)(1) and (e)(1) to read 
as follows:


Sec.  26.45  Holders of type certificates--Alterations and repairs to 
alterations.

* * * * *
    (b) * * *
    (1) Review alteration data and identify all alterations that affect 
fatigue critical baseline structure identified under Sec.  26.43(b)(1);
* * * * *
    (e) * * *
    (1) The list of fatigue critical alteration structure identified 
under paragraph (b)(3) of this section must be submitted--
    (i) No later than 360 days after January 11, 2008, for alteration 
data approved before January 11, 2008.
    (ii) No later than 30 days after March 12, 2010 or before initial 
approval of the alteration data, whichever occurs later, for alteration 
data approved on or after January 11, 2008.
* * * * *


[[Page 11735]]


    Issued in Washington, DC, on March 9, 2010.
Julie A. Lynch,
Acting Director, Office of Rulemaking.
[FR Doc. 2010-5470 Filed 3-11-10; 8:45 am]
BILLING CODE 4910-13-P
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