49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.
(a) This part establishes requirements for support of the continued airworthiness of and safety improvements for transport category airplanes. These requirements may include performing assessments, developing design changes, developing revisions to Instructions for Continued Airworthiness (ICA), and making necessary documentation available to affected persons. Requirements of this part that establish standards for design changes and revisions to the ICA are considered airworthiness requirements.
(b) Except as provided in paragraph (c) of this section, this part applies to the following persons, as specified in each subpart of this part:
(1) Holders of type certificates and supplemental type certificates.
(2) Applicants for type certificates and supplemental type certificates and changes to those certificates (including service bulletins describing design changes).
(3) Persons seeking design approval for airplane repairs, alterations, or modifications that may affect airworthiness.
(4) Holders of type certificates and their licensees producing new airplanes.
(c) An applicant for approval of a design change is not required to comply with any applicable airworthiness requirement of this part if the applicant elects or is required to comply with a corresponding amendment to part 25 of this chapter that is adopted concurrently or after that airworthiness requirement.
(d) For the purposes of this part, the word “type certificate” does not include supplemental type certificates.
For the purposes of this part:
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.
(a) Except as provided in paragraph (g) of this section, this section applies to transport category, turbine-powered airplanes with a type certificate issued after January 1, 1958, that, as a result of the original certification, or later increase in capacity, have—
(1) A maximum type-certificated passenger capacity of 30 or more or
(2) A maximum payload capacity of 7,500 pounds or more.
(b) Holders of, and applicants for, type certificates, as identified in paragraph (d) of this section must develop Instructions for Continued Airworthiness (ICA) for the representative airplane's EWIS in accordance with part 25, Appendix H paragraphs H25.5(a)(1) and (b) of this subchapter in effect on December 10, 2007 for each affected type design, and submit those ICA for review and approval by the FAA Oversight Office. For purposes of this section, the “representative airplane” is the configuration of each model series airplane that incorporates all variations of EWIS used in production on that series airplane, and all TC-holder-designed modifications mandated by airworthiness directive as of the effective date of this rule. Each person specified in paragraph (d) of this section must also review any fuel tank system ICA developed by that person to comply with SFAR 88 to ensure compatibility with the EWIS ICA, including minimizing redundant requirements.
(c) Applicants for amendments to type certificates and supplemental type certificates, as identified in paragraph (d) of this section, must:
(1) Evaluate whether the design change for which approval is sought necessitates a revision to the ICA required by paragraph (b) of this section to comply with the requirements of Appendix H, paragraphs H25.5(a)(1) and (b). If so, the applicant must develop and submit the necessary revisions for review and approval by the FAA Oversight Office.
(2) Ensure that any revised EWIS ICA remain compatible with any fuel tank system ICA previously developed to comply with SFAR 88 and any redundant requirements between them are minimized.
(d) The following persons must comply with the requirements of paragraph (b) or (c) of this section, as applicable, before the dates specified.
(1) Holders of type certificates (TC): December 10, 2009.
(2) Applicants for TCs, and amendments to TCs (including service bulletins describing design changes), if the date of application was before December 10, 2007 and the certificate was issued on or after December 10, 2007: December 10, 2009 or the date the certificate is issued, whichever occurs later.
(3) Unless compliance with § 25.1729 of this subchapter is required or elected, applicants for amendments to TCs, if the application was filed on or after December 10, 2007: December 10, 2009, or the date of approval of the certificate, whichever occurs later.
(4) Applicants for supplemental type certificates (STC), including changes to existing STCs, if the date of application was before December 10, 2007 and the certificate was issued on or after December 10, 2007: June 7, 2010, or the date of approval of the certificate, whichever occurs later.
(5) Unless compliance with § 25.1729 of this subchapter is required or elected, applicants for STCs, including changes to existing STCs, if the application was filed on or after December 10, 2007, June 7, 2010, or the date of approval of the certificate, whichever occurs later.
(e) Each person identified in paragraphs (d)(1), (d)(2), and (d)(4) of this section must submit to the FAA Oversight Office for approval a compliance plan by March 10, 2008. The compliance plan must include the following information:
(1) A proposed project schedule, identifying all major milestones, for meeting the compliance dates specified in paragraph (d) of this section.
(2) A proposed means of compliance with this section, identifying all required submissions, including all compliance items as mandated in part 25, Appendix H paragraphs H25.5(a)(1) and (b) of this subchapter in effect on December 10, 2007, and all data to be developed to substantiate compliance.
(3) A proposal for submitting a draft of all compliance items required by paragraph (e)(2) of this section for review by the FAA Oversight Office not less than 60 days before the compliance time specified in paragraph (d) of this section.
(4) A proposal for how the approved ICA will be made available to affected persons.
(f) Each person specified in paragraph (e) must implement the compliance plan, or later approved revisions, as approved in compliance with paragraph (e) of this section.
(g) This section does not apply to the following airplane models:
For purposes of this subpart—
(a)
(b)
(a)
(1) A maximum type-certificated passenger capacity of 30 or more, or
(2) A maximum payload capacity of 7,500 pounds or more.
(b)
(2)
(i) Fuel tanks for which the type certificate holder has notified the FAA under paragraph (g) of this section that it will provide design changes and service instructions for Flammability Reduction Means or an Ignition Mitigation Means (IMM) meeting the requirements of paragraph (c) of this section.
(ii) Fuel tanks substantiated to be conventional unheated aluminum wing tanks.
(c)
(1)
(i) Fuel tanks that are designed to be Normally Emptied must meet the flammability exposure criteria of Appendix M of part 25 of this chapter if any portion of the tank is located within the fuselage contour.
(ii) For all other fuel tanks, the FRM must meet all of the requirements of Appendix M of part 25 of this chapter, except, instead of complying with paragraph M25.1 of this appendix, the Fleet Average Flammability Exposure may not exceed 7 percent.
(2)
(d)
(1)
(2)
(e)
(f)
(g)
(1) A proposed project schedule for submitting the required analysis, or a determination that compliance with paragraph (b) of this section is not required because design changes and service instructions for FRM or IMM will be developed and made available as required by this section.
(2) A proposed means of compliance with paragraph (b) of this section, if applicable.
(h)
(1) A proposed project schedule, identifying all major milestones, for meeting the compliance dates specified in paragraphs (d), (e) and (f) of this section.
(2) A proposed means of compliance with paragraphs (d), (e) and (f) of this section.
(3) A proposal for submitting a draft of all compliance items required by paragraphs (d), (e) and (f) of this section for review by the FAA Oversight
(4) A proposal for how the approved service information and any necessary modification parts will be made available to affected persons.
(i) Each affected type certificate holder must implement the compliance plans, or later revisions, as approved under paragraph (g) and (h) of this section.
(a)
(1) Any fuel tank designed to be Normally Emptied if the fuel tank installation was approved pursuant to a supplemental type certificate or a field approval before September 19, 2008;
(2) Any fuel tank designed to be Normally Emptied if an application for a supplemental type certificate or an amendment to a type certificate was made before September 19, 2008 and if the approval was not issued before September 19, 2008; and
(3) If an application for a supplemental type certificate or an amendment to a type certificate is made on or September 19, 2008, any of the following design changes:
(i) Installation of a fuel tank designed to be Normally Emptied,
(ii) Changes to existing fuel tank capacity, or
(iii) Changes that may increase the flammability exposure of an existing fuel tank for which FRM or IMM is required by § 26.33(c).
(b)
(i) Holders of supplemental type certificates and field approvals: Within 12 months of September 19, 2008,
(ii) Applicants for supplemental type certificates and for amendments to type certificates: Within 12 months after September 19, 2008, or before the certificate is issued, whichever occurs later.
(2)
(i) Fuel tanks for which the type certificate holder, supplemental type certificate holder, or field approval holder has notified the FAA under paragraph (f) of this section that it will provide design changes and service instructions for an IMM meeting the requirements of § 25.981(c) in effect September 19, 2008; and
(ii) Fuel tanks substantiated to be conventional unheated aluminum wing tanks.
(c)
(1) Holders of supplemental type certificates and field approvals: Before March 21, 2011.
(2) Applicants for supplemental type certificates and for amendments to type certificates: Before March 21, 2011 or before the certificate is issued, whichever occurs later.
(d)
(1) For holders and applicants subject to paragraph (a)(1) or (a)(3)(iii) of this section, if the assessment required by paragraph (c) of this section identifies any features of the design change that compromise any CDCCL applicable to any airplane on which the design change is eligible for installation, the holder or applicant must submit for approval by the FAA Oversight Office design changes and service instructions for Flammability Impact Mitigation Means (FIMM) that would bring the design change into compliance with the CDCCL. Any fuel tank modified as required by this paragraph must also be evaluated as required by paragraph (b) of this section.
(2) Applicants subject to paragraph (a)(2), or (a)(3)(i) of this section must comply with the requirements of 14 CFR 25.981, in effect on September 19, 2008.
(3) Applicants subject to paragraph (a)(3)(ii) of this section must comply with the requirements of 14 CFR 26.33.
(e)
(1) Holders of supplemental type certificates and field approvals: Before September 19, 2012.
(2) Applicants for supplemental type certificates and for amendments to type certificates: Before September 19, 2012, or before the certificate is issued, whichever occurs later.
(f)
(1) A proposed project schedule for submitting the required analysis or impact assessment.
(2) A proposed means of compliance with paragraph (d) of this section.
(3) For the requirements of paragraph (d) of this section, a proposal for submitting a draft of all design changes, if any are required, and Airworthiness Limitations (including CDCCLs) for review by the FAA Oversight Office not less than 60 days before the compliance time specified in paragraph (e) of this section.
(4) For the requirements of paragraph (d) of this section, a proposal for how the approved service information and any necessary modification parts will be made available to affected persons.
(g) Each person subject to this section must implement the compliance plans, or later revisions, as approved under paragraph (f) of this section.
(a)
(1) A maximum type-certificated passenger capacity of 30 or more, or
(2) A maximum payload capacity of 7,500 pounds or more.
(b) If the application was made on or after June 6, 2001, the requirements of 14 CFR 25.981 in effect on September 19, 2008, apply.
(a)
(b) Any fuel tank meeting all of the criteria stated in paragraphs (b)(1), (b)(2) and (b)(3) of this section must have flammability reduction means (FRM) or ignition mitigation means (IMM) that meet the requirements of 14 CFR 25.981 in effect on September 19, 2008.
(1) The fuel tank is Normally Emptied.
(2) Any portion of the fuel tank is located within the fuselage contour.
(3) The fuel tank exceeds a Fleet Average Flammability Exposure of 7 percent.
(c) All other fuel tanks that exceed an Fleet Average Flammability Exposure of 7 percent must have an IMM that meets 14 CFR 25.981(d) in effect on September 19, 2008, or an FRM that meets all of the requirements of Appendix M to this part, except instead of complying with paragraph M25.1 of that appendix, the Fleet Average Flammability Exposure may not exceed 7 percent.
(a)
(1) A maximum type certificated passenger seating capacity of 30 or more; or
(2) A maximum payload capacity of 7,500 pounds or more.
(b)
(1) Identify fatigue critical baseline structure for all airplane model variations and derivatives approved under the type certificate; and
(2) Develop and submit to the FAA Oversight Office for review and approval, a list of the structure identified under paragraph (b)(1) of this section and, upon approval, make the list available to persons required to comply with § 26.47 and §§ 121.1109 and 129.109 of this chapter.
(c)
(1) Review the repair data and identify each repair specified in the data that affects fatigue critical baseline structure identified under paragraph (b)(1) of this section;
(2) Perform a DTE and develop the DTI for each repair identified under paragraph (c)(1) of this section, unless previously accomplished;
(3) Submit the DT data to the FAA Oversight Office or its properly authorized designees for review and approval; and
(4) Upon approval, make the DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(d)
(1) Perform a DTE and develop the DTI.
(2) Submit the DT data required in paragraph (d)(1) of this section for review and approval by the FAA Oversight Office or its properly authorized designees.
(3) Upon approval, make the approved DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(e)
(1) Develop repair evaluation guidelines for operators' use that include—
(i) A process for conducting surveys of affected airplanes that will enable identification and documentation of all existing repairs that affect fatigue critical baseline structure identified under paragraph (b)(1) of this section and § 26.45(b)(2);
(ii) A process that will enable operators to obtain the DTI for repairs identified under paragraph (e)(1)(i) of this section; and
(iii) An implementation schedule for repairs covered by the repair evaluation guidelines. The implementation
(2) Submit the repair evaluation guidelines to the FAA Oversight Office for review and approval.
(3) Upon approval, make the guidelines available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(4) If the guidelines direct the operator to obtain assistance from the holder of a type certificate, make such assistance available in accordance with the implementation schedule.
(f)
(1) The identified list of fatigue critical baseline structure required by paragraph (b)(2) of this section must be submitted no later than 180 days after January 11, 2008 or before issuance of the type certificate, whichever occurs later.
(2) For published repair data that are current as of January 11, 2008, the DT data required by paragraph (c)(3) of this section must be submitted by June 30, 2009.
(3) For repair data published after January 11, 2008, the DT data required by paragraph (c)(3) of this section must be submitted before FAA approval of the repair data.
(4) For unpublished repair data developed after January 11, 2008, the DT data required by paragraph (d)(1) of this section must be submitted within 12 months of the airplane's return to service or in accordance with a schedule approved by the FAA Oversight Office.
(5) The repair evaluation guidelines required by paragraph (e)(1) of this section must be submitted by December 30, 2009.
(g)
(1) Convair CV-240, 340, 440, if modified to include turbine engines.
(2) Vickers Armstrong Viscount, TCDS No. A-814.
(3) Douglas DC-3, if modified to include turbine engines, TCDS No. A-618.
(4) Bombardier CL-44, TCDS No. 1A20.
(5) Mitsubishi YS-11, TCDS No. A1PC.
(6) British Aerospace BAC 1-11, TCDS No. A5EU.
(7) Concorde, TCDS No. A45EU.
(8) deHavilland D.H. 106 Comet 4C, TCDS No. 7A10.
(9) deHavilland DHC-7, TCDS No. A20EA.
(10) VFW-Vereinigte Flugtechnische Werk VFW-614, TCDS No. A39EU.
(11) Illyushin Aviation IL 96T, TCDS No. A54NM.
(12) Bristol Aircraft Britannia 305, TCDS No. 7A2.
(13) Handley Page Herald Type 300, TCDS No. A21N.
(14) Avions Marcel Dassault—Breguet Aviation Mercure 100C, TCDS No. A40EU.
(15) Airbus Caravelle, TCDS No. 7A6.
(16) Lockheed L-300, TCDS No. A2S0.
(17) Boeing 707-100/-200, TCDS No. 4A21.
(18) Boeing 707-300/-400, TCDS No. 4A26.
(19) Boeing 720, TCDS No. 4A28.
(a)
(b)
(1) Review existing alteration data and identify all alterations that affect fatigue critical baseline structure identified under § 26.43(b)(1);
(2) For each alteration identified under paragraph (b)(1) of this section, identify any fatigue critical alteration structure;
(3) Develop and submit to the FAA Oversight Office for review and approval a list of the structure identified under paragraph (b)(2) of this section; and
(4) Upon approval, make the list required in paragraph (b)(3) of this section available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(c)
(1) Perform a DTE and develop the DTI for the alteration and fatigue critical baseline structure that is affected by the alteration;
(2) Submit the DT data developed in accordance with paragraphs (c)(1) of this section to the FAA Oversight Office or its properly authorized designees for review and approval; and
(3) Upon approval, make the DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(d)
(1) Review the repair data, and identify each repair that affects any fatigue critical alteration structure identified under paragraph (b)(2) of this section;
(2) For each repair identified under paragraph (d)(1) of this section, unless previously accomplished, perform a DTE and develop DTI;
(3) Submit the DT data developed in accordance with paragraph (d)(2) of this section to the FAA Oversight Office or its properly authorized designees for review and approval; and
(4) Upon approval, make the DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(e)
(1) The list of fatigue critical alteration structure identified under paragraph (b)(3) of this section must be submitted no later than 360 days after January 11, 2008.
(2) For alteration data developed and approved before January 11, 2008, the DT data required by paragraph (c)(2) of this section must be submitted by June 30, 2009.
(3) For alteration data approved on or after January 11, 2008, DT data required by paragraph (c)(2) of this section must be submitted before initial approval of the alteration data.
(4) For repair data developed and approved before January 11, 2008, the DT data required by paragraph (d)(2) of this section must be submitted by June 30, 2009.
(5) For repair data developed and approved after January 11, 2008, the DT data required by paragraph (d)(2) of this section must be submitted within 12 months after initial approval of the repair data and before making the DT data available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(a)
(b)
(1) Review the alteration data and identify all alterations that affect fatigue critical baseline structure identified under § 26.43(b)(1);
(2) For each alteration identified under paragraph (b)(1) of this section, identify any fatigue critical alteration structure;
(3) Develop and submit to the FAA Oversight Office for review and approval a list of the structure identified under paragraph (b)(2) of this section; and
(4) Upon approval, make the list required in paragraph (b)(3) of this section available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(c)
(1) Perform a DTE and develop the DTI for the alteration and fatigue critical baseline structure that is affected by the alteration;
(2) Submit the DT data developed in accordance with paragraphs (c)(1) of this section to the FAA Oversight Office or its properly authorized designees for review and approval; and
(3) Upon approval, make the DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(d)
(1) Review the repair data, and identify each repair that affects any fatigue critical alteration structure identified under paragraph (b)(2) of this section;
(2) For each repair identified under paragraph (d)(1) of this section, unless previously accomplished, perform a DTE and develop DTI;
(3) Submit the DT data developed in accordance with paragraph (d)(2) of this section to the FAA Oversight Office or its properly authorized designees for review and approval; and
(4) Upon approval, make the DTI available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(e)
(1) The list of fatigue critical alteration structure required by paragraph (b)(3) of this section must be submitted no later than 360 days after January 11, 2008.
(2) For alteration data developed and approved before January 11, 2008, the DT data required by paragraph (c)(2) of this section must be submitted by June 30, 2009.
(3) For alteration data developed after January 11, 2008, the DT data required by paragraph (c)(2) of this section must be submitted before approval of the alteration data and making it available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(4) For repair data developed and approved before January 11, 2008, the DT data required by paragraph (d)(2) of this section must be submitted by June 30, 2009.
(5) For repair data developed and approved after January 11, 2008, the DT data required by paragraph (d)(2) of this section, must be submitted within 12 months after initial approval of the repair data and before making the DT data available to persons required to comply with §§ 121.1109 and 129.109 of this chapter.
(a)
(1) A project schedule identifying all major milestones for meeting the compliance times specified in §§ 26.43(f), 26.45(e), and 26.47(e), as applicable.
(2) A proposed means of compliance with §§ 26.43, 26.45, and 26.47, as applicable.
(3) A plan for submitting a draft of all compliance items required by this subpart for review by the FAA Oversight Office not less than 60 days before the applicable compliance date.
(b)
(1) For holders of type certificates, no later than 90 days after January 11, 2008.
(2) For holders of supplemental type certificates no later than 180 days after January 11, 2008.
(3) For applicants for changes to type certificates whose application are submitted before January 11, 2008, no later than 180 days after January 11, 2008.
(c)