11734 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations 

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. 

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 

§ 26.43(e) and § 26.45(b)(1) and (e)(1). 

Change to § 26.43(e) 

The change to § 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 § 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 § 26.45(b) 

The change to § 26.45(b)(1) clarifies 

that § 26.45(b)(1) applies to both 

existing and future alterations and 

corrects an inconsistency with 

§ 26.45(b). This change does not require 

additional work, since § 26.45(b) already 

applies to existing and future 

alterations. 

Change to § 26.45(e)(1) 

The change to § 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 § 26.43(e) and the scope 

of § 26.45(b)(1). This technical 

amendment also adds to § 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. 

■ 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 

■ 1. The authority citation for part 26 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

■ 2. Amend § 26.43 by revising 

paragraph (e) introductory text to read 

as follows: 

§ 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— 

* * * * * 

■ 3. Amend § 26.45 by revising 

paragraphs (b)(1) and (e)(1) to read as 

follows: 

§ 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 

§ 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. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations 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 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1301 

Tennessee Valley Authority 

Procedures 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Final rule. 

SUMMARY: The Tennessee Valley 

Authority is amending its regulations 

which contain TVA’s procedures for the 

Freedom of Information Act (FOIA), the 

Privacy Act, and the Government in the 

Sunshine Act. These amendments 

reflect changes in position titles and 

addresses; for FOIA purposes, update 

the definitions of ‘‘news media’’ and 

‘‘news media requesters’’ to reflect 

changes in the way news is delivered; 

conform references to Privacy Act 

systems of records to the most current 

publication of TVA’s Privacy Act 

Systems Notices in the Federal Register; 

clarify special procedures for the release 

of certain medical records in response to 

Privacy Act requests; pursuant to 

amendments to the TVA Act, reflect 

changes in the number of TVA Board 

members required for a quorum; and 

make other editorial changes. 

DATES: Effective Date: March 12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas P. Goschy, Assistant General 

Counsel, Tennessee Valley Authority, 

400 W. Summit Hill Drive, Knoxville, 

Tennessee 37902–1401, (865) 632–8960. 

SUPPLEMENTARY INFORMATION: This rule 

was not published in proposed form 

since it relates to agency procedure and 

practice. TVA considers this rule to be 

a procedural rule which is exempt from 

notice and comment under 5 U.S.C. 

533(b)(3)(A). This rule is not a 

significant rule for purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, TVA certifies 

that these regulatory amendments will 

not have a significant impact on small 

business entities. Since this rule is 

nonsubstantive, it is being made 

effective March 12, 2010. 

List of Subjects in 18 CFR Part 1301 

Freedom of Information, Government 

in the Sunshine, Privacy. 

■ For the reasons stated in the preamble, 

TVA amends 18 CFR Part 1301 as 

follows: 

PART 1301—PROCEDURES 

Subpart A—Freedom of Information 

Act 

■ 1. The authority citation for part 1301, 

Subpart A, is revised to read as follows: 

Authority: 16 U.S.C. 831–831ee, 5 U.S.C. 

552. 

■ 2. In § 1301.3, revise paragraphs (a) 

and (b) to read as follows: 

§ 1301.3 Requirements for making 

requests. 

(a) How made and addressed. You 

may make a request for records of TVA 

by writing to the Tennessee Valley 

Authority, FOIA Officer, 400 W. 

Summit Hill Drive (WT 7D), Knoxville, 

Tennessee 37902–1401. You may find 

TVA’s ‘‘Guide to Information About 

TVA’’—which is available electronically 

at http://www.tva.gov, and is available 

in paper form as well—helpful in 

making your request. For additional 

information about the FOIA, you may 

refer directly to the statute. If you are 

making a request for records about 

yourself, see Subpart B Privacy Act for 

additional requirements. If you are 

making a request for records about 

another individual, either a written 

authorization signed by that individual 

permitting disclosure of those records to 

you or proof that that individual is 

deceased (for example, a copy of a death 

certificate or an obituary) will help the 

processing of your request. Your request 

will be considered received as of the 

date it is received by the FOIA Officer. 

For the quickest possible handling, you 

should mark both your request letter 

and the envelope ‘‘Freedom of 

Information Act Request.’’ 

(b) Descriptions of records sought. 

You must describe the records that you 

seek in enough detail to enable TVA 

personnel to locate them with a 

reasonable amount of effort. Whenever 

possible, your request should include 

specific information about each record 

sought, such as the date, title or name, 

author, recipient, and subject matter of 

the record. If known, you should 

include any file designations or 

descriptions for the records that you 

want. As a general rule, the more 

specific you are about the records or 

type of records that you want, the more 

likely TVA will be able to locate those 

records in response to your request. If 

TVA determines that your request does 

not reasonably describe records, you 

will be informed what additional 

information is needed or why your 

request is otherwise insufficient. TVA 

shall also give you an opportunity to 

discuss your request so that you may 

modify it to meet the requirements of 

this section. If your request does not 

reasonably describe the records you 

seek, the agency’s response to your 

request may be delayed. 

* * * * * 

■ 3. In § 1301.5, revise paragraph (b) 

introductory text to read as follows: 

§ 1301.5 Timing of responses to request. 

* * * * * 

(b) Multi-track processing procedures. 

TVA has established three tracks for 

handling requests and the track to 

which a request is assigned will depend 

on the nature of the request and the 

estimated processing time, including a 

consideration of the number of pages 

involved. If TVA places a request in a 

track other than Track 1, it will advise 

requesters of the limits of its faster 

track(s). TVA may provide requesters in 

its tracks 2 and 3 with an opportunity 

to limit the scope of their requests in 

order to qualify for faster processing 

within the specified limits of TVA’s 

faster track(s). When doing so, TVA may 

contact the requester either by 

telephone, e-mail, or letter, whichever is 

most efficient in each case. 

* * * * * 

■ 4. In § 1301.9, revise paragraph (a) to 

read as follows: 

§ 1301.9 Appeals. 

(a) Appeals of adverse 

determinations. If you are dissatisfied 

with TVA’s response to your request, 

you may appeal an adverse 

determination denying your request, in 

any respect, to TVA’s FOIA Appeal 

Official, Tennessee Valley Authority, 

400 W. Summit Hill Drive (WT 7D), 

Knoxville, Tennessee 37902–1401. You 

must make your appeal in writing, and 

it must be received by the FOIA Appeal 

Official within 30 days of the date of the 

letter denying your request. Your appeal 

letter may include as much or as little 

related information as you wish, as long 

as it clearly identifies the TVA 

determination (including the assigned 

request number, if known) that you are 

appealing. An adverse determination by 

the TVA FOIA Appeal Official will be 

the final action of TVA. 

* * * * * 

■ 5. In § 1301.10, revise paragraph (b)(6) 

to read as follows: 

§ 1301.10 Fees. 

* * * * * 

(b) * * * 

(6) Representative of the news media, 

or news media requester, means any 


jlentini on DSKJ8SOYB1PROD with RULES