Reduction of Fuel Tank Flammability in Transport Category Airplanes, 70922-70962 [05-23109]
Download as PDF
70922
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 91, 121, 125, and 129
[Docket No. FAA–2005–22997; Notice No.
05–14]
RIN 2120–A123
Reduction of Fuel Tank Flammability in
Transport Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: This NPRM proposes new
rules that will require operators and
manufacturers of transport-category
airplanes to take steps that, in
combination with other required
actions, should greatly reduce the
chances of a catastrophic fuel-tank
explosion. The proposal follows seven
years of intensive research by the FAA
in collaboration with industry into
promising technologies designed to
make fuel tanks effectively inert, thus
preventing electrical and other systems
from igniting flammable vapors in the
fuel tank ullage (vapor space). The
result of that research is that fuel tank
inerting, originally thought to be
prohibitively expensive, can now be
accomplished in a reasonably costeffective fashion and protect the public
from future calamities which, we have
concluded, are otherwise virtually
certain to occur. The new rules, if
adopted, would not actually direct the
adoption of specific inerting technology
either by manufacturers or operators but
would establish a performance-based set
of requirements that do not specifically
direct the use of fuel-inerting but rather
set acceptable levels of flammability
exposure in tanks most prone to
explosion or require the installation of
an ignition mitigation means in an
affected fuel tank. Technology now
provides a variety of commercially
feasible methods to accomplish these
vital safety objectives.
DATES: Send your comments on or
before March 23, 2006.
ADDRESSES: You may send comments,
identified by Docket No. FAA–2005–
22997, using any of the following
methods:
DOT Docket Web site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
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 https://
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
https://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:
Michael E. Dostert, FAA, Propulsion/
Mechanical Systems Branch (ANM–
112), Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2132,
facsimile (425) 227–1320; e-mail:
mike.dostert@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, 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
concerning this proposed rulemaking.
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
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
the Internet at the web address in the
section. Comments that you
may consider to be of a sensitive
security nature should not be sent to the
docket management system. Send those
comments to the FAA, Office of
Rulemaking, ARM–1, 800 Independence
Avenue, SW., Washington, DC 20591.
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 on behalf of 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
https://dms.dot.gov. Before acting on this
proposal, we will consider all comments
we receive on or before the closing date
for comments. We will consider
comments filed late if it is possible to
do so without incurring expense or
delay. We may change this proposal in
light of the comments we receive.
If you want the FAA to acknowledge
receipt of your comments on this
proposal, 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.
ADDRESSES
Availability of Rulemaking Documents
You can get an electronic copy using
the Internet by:
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) web page
(https://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking’s
web page at https://www.faa.gov/avr/
arm/index.cfm; or
(3) Accessing the Government
Printing Office’s web page at https://
www.access.gpo.gov/su_docs/aces/
aces140.html.
You can also get a copy by submitting
a request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue,
SW., Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the docket number, notice
number, or amendment number of this
rulemaking.
Table of Contents
I. Executive Summary
II. Background
A. The Need for Safety Improvements in
Fuel Tank Systems
B. Fuel Properties
C. National Transportation Safety Board
(NTSB) Recommendations
D. FAA Response
III. Proposed Requirements Relating to Fuel
Tank Flammability
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
A. Overview of the Proposal
B. Ongoing Responsibility of Type
Certificate Holders for Continued
Airworthiness
C. Applicability
1. Manufacturers and Holders of Type
Certificates, Supplemental Type
Certificates and Field Approvals
2. Airplanes
3. Fuel Tanks
4. Airplane Operators
D. Proposed Requirements for
Manufacturers and Holders of Type
Certificates, Supplemental Type
Certificates and Field Approvals
1. New Airplane Designs
2. Existing Airplane Designs
3. Auxiliary Fuel Tanks
4. Methods of Mitigating the Likelihood of
a Fuel Tank Explosion
a. Flammability Analysis Using the Monte
Carlo Method
b. Ignition Mitigation Means
c. Flammability Reduction Means
i. Accounting for System Reliability and
Performance Issues
ii. Warm Day Fleet Flammability Exposure
iii. Reliability Reporting
iv. Reliability Indication and Maintenance
Access
d. Service Instructions and Service
Bulletins
e. Critical Design Configuration Control
Limitations (CDCCL)
f. Compliance Planning
i. Compliance Plan for Flammability
Exposure Analysis
ii. Compliance Plan for Design Changes
and Service Instructions
iii. Compliance Plan for Auxiliary Fuel
Tanks
g. Compliance Schedule
E. Proposed Requirements for Airplane
Operators
1. Requirement to Install and Operate FRM,
IMM or FIMM
2. Authority to Operate with an Inoperative
FRM, IMM or FIMM
3. Compliance Schedule
F. Additional Provisions
1. Relationship of this Proposal to Aging
Airplane Regulatory Initiatives
2. FAA Advisory Material
3. FAA Oversight Office
4. Workplace Safety Issues
IV. Rulemaking Analyses and Notices
V. The Proposed Amendment
I. Executive Summary
Fuel tank explosions have been a
constant threat with serious aviation
safety implications for many years.
Since 1960, some 17 airplanes have
been destroyed as the result of a fuel
tank explosion.1 Four fatal airplane
1 None of the 17 explosions occurred on an
airplane manufactured by Airbus, who, along with
Boeing, would be most affected by this rulemaking.
Although Airbus currently delivers more airplanes
worldwide than Boeing, their cumulative fleet
hours are still relatively small, at approximately 65
million (approximately 9% of total fleet hours for
all transport category airplanes). Based on the
FAA’s projection of the likelihood of an explosion
based on one accident every 60 million hours, there
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
accidents have been caused by fuel tank
explosions just since 1989. Two of the
more recent accidents—one involving a
Boeing Model 747 (TWA Flight 800) off
Long Island, New York in 1996 and the
other, a Boeing Model 727 accident
´
(Avianca Flight 203) in Bogota,
Columbia in 1989—occurred during
flight and led to catastrophic losses,
including the deaths of 337 individuals.
The two other recent explosions
occurred on the ground but led to nine
fatalities.2 Although it was determined
that a terrorist’s bomb had caused the
explosion of the center tank in the
´
Bogota accident, the NTSB determined
the ‘‘bomb explosion did not
compromise the structural integrity of
the airplane; however, the explosion
punctured the [center wing tank] and
ignited the fuel-air vapors in the ullage,
resulting in destruction of the airplane.’’
Investigations of the other three
accidents failed to identify the ignition
source that caused the explosion. But in
each instance the weather was warm,
with an outside air temperature over 80
°F, the incident occurred during the
initial (ground, takeoff or climb) phases
of flight, and the explosion involved
empty or nearly empty tanks that had
been previously fueled. Additionally,
investigators were able to conclude that
the center wing fuel tank in all four
airplanes contained flammable vapors
in the ullage (that portion of the fuel
tank not occupied by liquid fuel) when
the fuel tanks exploded. While the
proposed requirements are not intended
to address terrorist initiated fuel tank
explosions, a system designed to reduce
the likelihood of a fuel tank fire, or
mitigate the effects of a fire should one
occur, would have prevented these four
fuel tank explosions.
A statistical evaluation of these
accidents has led the FAA to project
that nine more transport category
airplanes will likely be destroyed by a
fuel tank explosion in the next 50 years,
unless remedial measures are taken.
Although we cannot forecast precisely
when these accidents would occur,
computer modeling that has been an
accurate predictor in the past indicates
these events are virtually certain to
occur. We believe at least eight of these
explosions are preventable if we adopt
a comprehensive safety regime to reduce
both the incidence of ignition and the
likelihood of an explosion following
ignition. We have already taken steps
through other regulatory actions to
reduce the chances of ignition. Today’s
is a 40% chance that no Airbus accidents would
have occurred to date.
2 Philippine Airlines 737 accident in 1990 and
the Thai Airlines accident in 2001.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
70923
proposal attempts to address the risk of
an explosion by reducing the likelihood
that fuel tank vapors cause an explosion
when an ignition source is introduced
into the tank.
Since the introduction of turbine
powered airplanes, the FAA has
premised its fuel tank rules on the
assumption that fuel tanks will always
contain flammable vapors and thus the
best way to prevent explosions is to
eliminate ignition sources. Since 2001,
we have imposed airworthiness
requirements (including airworthiness
directives or ‘‘ADs’’) directed at the
elimination of fuel tank ignition
sources. Although these measures—
particularly Special Federal Aviation
Regulation 88 of 14 CFR part 21 (SFAR
88), which requires the detection and
correction of potential system failures
that can cause ignition—should prevent
some of the nine forecast explosions,
review of the current designs of
airplanes in the transport category of all
major manufacturers has shown that
unanticipated failures and maintenance
errors will continue to generate
unexpected ignition sources. We have
concluded we are unlikely ever to
identify and eradicate all possible
sources of ignition.
To ensure safety, therefore, we must
also focus on the environment that
permits combustion to occur in the first
place. Technology now exists that can
prevent ignition of flammable fuel
vapors by reducing their oxygen
concentration below the level that will
support combustion. By thus making the
vapors ‘‘inert,’’ we can significantly
reduce the likelihood of an explosion
when a fire source is introduced to the
fuel tank. Prototype onboard fuel tank
inerting systems have been successfully
flight tested on Airbus A320, Boeing
Model 747, and Model 737 airplanes.
Boeing applied in 2002 for type
certification of an inerting system for
the Model 747 that it plans to install on
all new production 747 aircraft.
Because the chances of a fuel tank
explosion naturally correlate with the
exposure of the tank to flammable
vapors, the proposed requirements
would mitigate the effects of such
exposure or limit such exposure to
acceptable levels by mandating the
installation of either a Flammability
Reduction Means (FRM) or an Ignition
Mitigation Means (IMM). In either case,
the technology would have to adhere to
performance and reliability standards
that would be set by the FAA and
contained in Appendices K and L to
Title 14 Code of Federal Regulations
(CFR) part 25.
If adopted, this rulemaking would
amend the existing airworthiness
E:\FR\FM\23NOP2.SGM
23NOP2
70924
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
standards contained in 14 CFR 25.981
so as to require all type certificate (TC)
holders and their licensees to develop
FRM or IMM for many large turbine
powered transport category airplanes
with high risk fuel tanks. We would also
amend 14 CFR parts 91, 121, 125 and
129 so as to require operators of these
airplanes to incorporate the approved
FRM or IMM and to keep them
operational. We estimate that
approximately 3,800 Airbus and Boeing
airplanes operated in the United States
would be affected. Fuel tank system
designs in several pending typecertification applications, including the
Airbus A380 and the Boeing Model 7E7,
would also have to meet the proposed
requirements.
We acknowledge that the proposed
requirements are costly and propose
these steps only after spending several
years, in cooperation with scientists and
other experts from the affected industry,
researching the most cost-effective ways
to prevent fuel tank explosions. Those
efforts have resulted in the development
of fuel-inerting technology that is vastly
cheaper than originally thought.
The loss of a single, fully loaded large
passenger aircraft in flight, such as a
Boeing Model 747 or Airbus A380,
moreover, would result in death and
destruction causing societal loss of at
least $1.2 billion based on prior
calamities, and we project that the new
rule would prevent four accidents of
some type (for analytical purposes we
assume the accidents would involve
‘‘average’’ aircraft with ‘‘average’’
passenger loads) over 50 years. Such
estimates of harm do not account for the
intangible costs of a series of in-flight
explosions (such as a loss of confidence
in aviation) or the indirect costs (such
as trip cancellations following these
incidents).
Our philosophy is to address aviation
safety threats whenever practicable
solutions are found, especially when
dealing with intractable and
catastrophic risks like fuel tank
explosions that are virtually certain to
occur. Thus, now that solutions are
reasonably cost-effective, the
Administrator has tentatively
determined that it is necessary for safety
and in the public’s best interest to adopt
the requirements proposed today. This
action is in response to an NTSB
recommendation.
II. Background
A. The Need for Safety Improvements in
Fuel Tank Systems
Fuel tank explosions continue to
occur despite many safety
improvements over the last 40 years
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
aimed at removing ignition sources from
fuel tanks. Experience tells us that even
with the latest and most comprehensive
initiative, SFAR 88, we cannot
adequately protect the public from fuel
tank explosions absent measures
designed to lessen the exposure of
vulnerable tanks to highly flammable jet
fuel vapors. Fortunately, by taking such
steps now to complement ignitionsource reduction measures already
taken, we are confident that fuel tank
explosions in affected aircraft will be
nearly eliminated.
For a variety of reasons, SFAR 88,
though a significant advancement in
safety, will never provide a complete
safeguard against fuel tank explosions;
thus our analysis has assumed that
SFAR 88 will not reduce the possibility
of a fuel explosion occurring by more
than 50 percent. To be sure, SFAR 88
has resulted in several significant
changes in fuel tank system design and
maintenance, including (1) new features
to prevent dry running of fuel pumps
within the fuel tanks; (2) use of ground
fault protection of fuel pump power
supplies for pumps or wires exposed to
the fuel tank ullage; (3) addition of
electrical bonds on some components;
(4) use of electrical energy limiters on
wiring entering fuel tanks that are
‘‘normally emptied’’ 3 and located
within the fuselage contour; (5)
electrical bond integrity checks; and (6)
improved maintenance programs. These
design improvements, however, do not
and cannot address all sources of
ignition (such as external ignition
sources resulting from fire).
Past experience, moreover, shows that
it is not possible to pinpoint and remove
every ignition source from a large,
complex transport aircraft. For example,
the FAA is aware of one case where a
manufacturer had conducted an
exhaustive design review to identify
possible sources of arcing within the
fuel tank after a fuel tank exploded due
to lightning. The manufacturer
identified several possible sources of the
arcing, and the FAA issued ADs to
correct these deficiencies. The same
airplane design was then evaluated as a
result of SFAR 88, and additional
sources of lightning-induced ignition
were identified. In another instance, a
TC holder submitted a safety analysis to
the FAA claiming that certain airplane
3 The phrase ‘‘normally emptied’’ refers to fuel
tanks that contain a substantial vapor space during
a significant portion of the airplane operating time.
Tanks that are designed to be normally emptied
have been installed in various locations including
the center wing structure, horizontal stabilizers,
wings and cargo compartments. Fuel loading and
usage management practices on certain airplane
models use the auxiliary fuel tanks for controlling
the center of gravity.
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
models met existing system safety
requirements of § 25.1309 and thus that
the likelihood of an ignition source
developing was extremely improbable
(one in a billion flight hours). When the
requirements of the SFAR 88 safety
review and unsafe condition criteria
were applied, however, approximately
80 new unsafe conditions were found.
These conditions will now be addressed
by AD for those airplane models but, in
retrospect, it was clear that the
manufacturer’s claims were erroneous.
The safety reviews have also
identified the potential for system
failures (or ‘‘failure modes’’) that cannot
be eliminated as possible ignition
sources at reasonable cost. For example,
use of ground fault protection for fuel
pump power supplies will protect the
fuel pumps from shorts to ground (such
as one might find from lightning), but
will not protect the fuel pumps from
shorts between the three power wires to
the pump, commonly referred to as
‘‘phase-to-phase shorts.’’ Currently there
is no proven component available to
address this failure mode. Combinations
of failure modes are even more
problematic. We could require
installation of redundant bond paths to
prevent the latent failure of a critical
electrical bond, but doing so would be
cost-prohibitive.
Finally, human error creates
continuing risk. Each attempt to fix an
electrical system presents the possibility
of an inadvertent introduction of a new
ignition source. Maintenance oversights,
such as the failure to properly install
electrical bonds or improper installation
or overhaul of components, compound
the possibility of an ignition source
developing.
Carrier fuel carrying practices could
impact the possibility of an explosion as
well. If a carrier decides to carry only
that fuel necessary to meet the FAA’s
fuel reserve requirements, the likelihood
of an explosion is greater than if it
carries excess fuel. This potential exists
because more ignition sources within
the fuel tank are exposed to the ullage
and because the fuel has insulating
properties which keeps the fuel tank
cooler. Thus, ‘‘tankering’’, or carrying
excess fuel, could theoretically lower
the risk of an explosion. Current fuel
management practices, where excess
fuel is carried only when cost beneficial
to the carrier, are largely market driven
because airlines try to minimize their
fuel costs to the maximum extent
possible. Both the FAA and industry
explored mandatory refueling of center
wing tanks after the NTSB suggested the
FAA adopt an interim flammability
reduction measure in 1996. We
determined that the reduction in
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
flammability exposure would not be
significant and would not address the
warm day flammability risk. Thus,
while either reducing or increasing the
amount of fuel carried in the center
wing tank could theoretically have some
impact on the risk of an explosion, the
FAA does not believe that current fuel
carrying practices are likely either to
change significantly or to have a
measurable impact on the overall risk of
an explosion. We seek comment on this
position.
B. Fuel Properties
Three conditions must be present in
a fuel tank to support combustion and
a fuel-tank explosion: Fuel vapor in the
right amount, enough oxygen, and an
ignition source. As discussed earlier,
our regulatory efforts since pistonpowered aircraft evolved into the jet age
have been focused almost exclusively
on the last item, ignition sources. A
basic assumption in this approach has
been that the fuel tank would contain
flammable vapors under a wide range of
airplane operating conditions. The
question is, what level of exposure is
safe?
Jet fuel vapors are flammable only in
certain temperature and pressure ranges.
The flammability temperature range of
such vapors varies with the type and
properties of the fuel, the ambient
pressure in the tank, and the amount of
dissolved oxygen released from the fuel
into the tank. The amount of dissolved
oxygen in a tank will also vary
depending on the amount of vibration
and sloshing of the fuel that occurs
within the tank. The temperature range
in which a flammable fuel vapor will
form can vary with different batches of
fuel even for a specific fuel type, but the
threshold temperature for flammability
decreases as the airplane gains altitude
because of the corresponding decrease
of internal tank air pressure. Thus, the
higher the airplane is flying, the lower
the ambient temperature required for a
fuel tank to explode when an ignition
source introduced.
Jet A fuel is the most commonly used
commercial jet fuel in the United States
and is widely used in other parts of the
world. At sea level and with no sloshing
or vibration present, these fuels have
flammability characteristics that make it
unlikely that the fuel molecules present
in the fuel vapor-air mixture will ignite
when the temperature in the fuel tank
is below approximately 100 °F. The
vapor will ignite, however, once the fuel
temperature reaches approximately 175
°F, because of the increased
concentration of fuel molecules at
higher temperatures. At an altitude of
30,000 feet, the flammability
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
temperature range drops to
approximately 60 to 120 °F.4 Use of Jet
A or Jet A–1 fuel thus tends to limit the
risk of high flammability to warmer
days.
Jet B (JP–4) is another fuel approved
for use on most commercial transport
category airplanes, although it is no
longer used as a primary fuel for
commercial transports. The
flammability range of Jet B (JP–4) is
about 15 to 75 °F at sea level and 20 to
35 °F at 30,000 feet. Because the
flammable temperature range of Jet B
fuel is more within the range of typical
air temperatures at those altitudes
where the airplane is likely to be
operated, airplane fuel tanks with Jet B
fuel are flammable for a much larger
portion of the flight.
C. National Transportation Safety Board
(NTSB) Recommendations
The NTSB determined that the
probable cause of the in-flight explosion
on TWA Flight 800 was the ignition of
the flammable fuel/air mixture in the
center wing fuel tank. However, the
source of ignition energy for the
explosion could not be determined with
certainty. The Board also faulted, as
contributing to the accident, the FAA’s
design and certification approach to
transport-category airplanes, as it (1)
concentrated solely on precluding all
ignition sources, and (2) allowed heat
sources to be located beneath the center
wing fuel tank.
In 1996, the NTSB issued
recommendations to improve fuel tank
safety. The NTSB recommended both
eradicating ignition sources and
reducing fuel tank flammability.5 In
their accident report, the Board
concluded that ‘‘a fuel tank design and
certification philosophy that relies
solely on the elimination of all ignition
sources, while accepting the existence
of fuel tank flammability, is
fundamentally flawed because
experience has demonstrated that all
possible ignition sources cannot be
determined and reliably eliminated.’’
D. FAA Response
The FAA conducted ignitionprevention safety reviews following the
1996 accident, which revealed many
new single-component failure modes
that could ignite fuel tanks. We
4 Most transport category airplanes used in air
carrier service are approved for operation at
altitudes from sea level to 45,000 feet.
5 NTSB recommendations provided on page 309
of NTSB Accident Report, ‘‘In-flight Breakup Over
the Atlantic Ocean, TransWorld Airlines Flight 800
Boeing 747–131, N93119 Near East Moriches, New
York, July 17, 1996, Report number NTSB/AAR–00/
03, DCA96MA070, Adopted August 23, 2000.
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
70925
continue to issue ADs that require
design or maintenance actions to
address these deficiencies. These safety
reviews also identified combinations of
failures that could result in an ignition
source, but as these combinations were
less likely to occur than single failures,
we determined that it was not practical
to address them in existing airplanes.
The safety reviews also confirmed that
unforeseen design and maintenance
errors could create ignition sources.
Recognizing the need to focus on
flammability rather than just ignition,
on April 3, 1997, the FAA published a
notice in the Federal Register seeking
comments on the 1996 NTSB
recommendations on flammability
exposure (62 FR 16014). That notice
reviewed the service history of transport
category airplane fuel tanks and the
challenges underlying fuel-tank
flammability reduction. Public comment
indicated that more information was
needed before we could begin a
rulemaking on this safety issue.
Given that control of flammable
vapors was a new concept, we assigned
two Aviation Rulemaking Advisory
Committee (ARAC) working groups to
study the issues and provide
recommendations. (The ARAC consists
of interested parties, including the
public, and provides a process to advise
us on the development of new
regulations.) The first working group
reviewed the practicality of requiring
flammability reduction, evaluating
many different flammability reduction
methods. Upon the recommendation of
the first working group, the second
working group then focused exclusively
on fuel tank inerting.
On January 23, 1998, we published a
notice in the Federal Register that
established the Fuel Tank
Harmonization Working Group as part
of ARAC (63 FR 3614). This group was
asked to recommend regulations on fuel
tank flammability for both newly
certificated and existing airplanes. The
working group looked at fuel tank
explosions that occurred after Jet A fuel
had replaced Jet B fuel as the
predominant type used on transport
airplanes. The group examined the
performance of two types of fuel tanks:
the center wing fuel tanks located
within the fuselage contour, and wing
fuel tanks. Fuel tanks located in an
aluminum wing are typically unheated
and cool quickly when the wing
surfaces are exposed to colder air during
flight. Conversely, the center wing fuel
tanks in certain airplanes have
equipment underneath the tank
radiating heat; in addition, with no
surfaces exposed to outside air, the tank
E:\FR\FM\23NOP2.SGM
23NOP2
70926
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
cools much more slowly than a wing
fuel tank.
The working group concluded that the
safety records of fuel tanks located in
aluminum wings of airplanes fueled
with Jet A type fuel were satisfactory.
These tanks had an average
flammability exposure (as calculated
under a methodology contained in
proposed Part 25, Appendix L) of
approximately 2 to 6 percent. However,
the group found that on some airplane
fleets the center wing fuel tanks had an
average flammability exposure ranging
from 7 percent to a high of 30 percent,
a dangerous level.
The working group then evaluated
many possible means of reducing or
removing the hazards associated with
explosive vapors in fuel tanks, such as
fuel tank inerting, fuel tank cooling, fuel
property alteration, fire suppression
systems and polyurethane foam
treatments. The ARAC sent the working
group’s report to the FAA on July 23,
1998 (Docket No. FAA–1998–4183,
viewable on the U.S. Department of
Transportation electronic Document
Management System at https://
dms.dot.gov).
The working group report concluded
that flammability reduction was
practical for new airplane designs, but
impractical for current production
designs or retrofit in the current fleet of
transport category airplanes. The report
recommended that the FAA begin
rulemaking to add a requirement to
§ 25.981, so that fuel tanks in new
airplane designs would have an average
flammability exposure of less than 7
percent. The report also recommended
requiring by regulation that each newly
designed airplane incorporate means to
mitigate the effects of an ignition of fuel
vapors, such that any damage caused
would not prevent continued safe flight
and landing. The report reviewed
various technical solutions, including
control of heat transmission into fuel
tanks, use of inerting systems, or
ignition mitigation means like
polyurethane foam. The report
concluded that the best solution was
likely to be control of heat transmission
and suggested that the most practical
means of control were (1) relocation of
the air-conditioning equipment away
from the fuel tanks; (2) ventilation of the
air-conditioning bay to limit heating and
cool fuel tanks; or (3) insulation of the
tanks from heat. Nevertheless, the
ARAC also recommended that we
continue to evaluate the costeffectiveness of other means for
reducing flammable vapors in the fuel
tanks, such as ground-based inerting of
fuel tanks.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
Based in part on the ARAC
recommendations, we issued a rule
entitled ‘‘Transport Airplane Fuel Tank
System Design, and Maintenance and
Inspection Requirements’’ in the
Federal Register on May 7, 2001 (66 FR
23085). The rule added current
§ 25.981(c) which requires minimization
of fuel tank flammability exposure in
new type designs without setting a
specific safety standard. Section
25.981(c) thus states:
(c) The fuel tank installation must include
either—
(1) Means to minimize the development of
flammable vapors in the fuel tanks (in the
context of this rule, ‘‘minimize’’ means to
incorporate practicable design methods to
reduce the likelihood of flammable vapors);
or
(2) Means to mitigate the effects of an
ignition of fuel vapors within fuel tanks such
that no damage caused by an ignition will
prevent continued safe flight and landing.
Higher flammability tanks are
typically located in the center wing box,
in the horizontal stabilizer where little
surface area is exposed to outside air, or
in the cargo compartment. Our intent, as
discussed in that rule’s preamble was to
‘‘require that [such] fuel tanks are not
heated, and cool at a rate equivalent to
that of a wing tank in the transport
airplane being evaluated.’’ We noted
that, ‘‘This may require incorporating
design features to reduce flammability,
for example cooling and ventilation
means, or inerting for fuel tanks located
in the center wing box, horizontal
stabilizer, or auxiliary fuel tanks located
in the cargo compartment.’’ (Our
reference to a wing tank was to a
conventional subsonic airplane with
aluminum wing tanks.) We also stated,
‘‘At such time as the FAA has
completed the necessary research and
identified an appropriate definitive
standard to address this issue, new
rulemaking would be considered to
revise the standard proposed in this
rulemaking.’’
We then issued two Advisory
Circulars, AC 25.981–1B, ‘‘Fuel Tank
Ignition Source Prevention Guidelines,’’
and AC 25.981–2, ‘‘Fuel Tank
Flammability Minimization.’’ These
ACs described acceptable means of
showing compliance with § 25.981(c).
AC 25.981–2 specifically discussed the
use of fuel tank inerting as a method of
compliance with the flammability
exposure requirements. To ‘‘inert’’ a fuel
tank, as defined in AC 25.981–2, the
percentage of oxygen in a fuel tank’s air
should not exceed 10 percent. (Later
research, discussed below, showed that
containing oxygen concentrations to 12
percent or less would inert a fuel tank.)
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
After revising § 25.981, we began
scientific research, hoping to gain a
better understanding of the ignition
properties of commercial aviation jet
fuel vapors. We also explored new ideas
for removing flammable fuel air
mixtures from fuel tanks, as well as
other methods for improving fuel tank
safety. Initially, efforts to develop
commercially viable ways to remove
flammable fuel vapors from tanks failed.
For example, to lower the danger of fuel
tank explosions after post-crash ground
fires, systems were considered that
would ‘‘scrub’’ the vapor in the ullage—
ventilating the tank with air so as to
prevent the build-up of flammable
concentrations of fuel vapor. At the
time, we found these systems to be
impractical because of their weight,
complexity, unreliability, and
undesirable secondary effects on the
environment.
On the recommendation of the ARAC,
we refocused our efforts on reducing
fuel tank flammability through nitrogen
inerting. Public comment on the 1997
notice had suggested inerting was
possible through adoption of a hollow
fiber membrane technology, which
separates oxygen from nitrogen in the
atmosphere. (Air is made up of about 78
percent nitrogen and 21 percent
oxygen.) The hollow fiber membrane
material uses the absorption difference
between the nitrogen and oxygen
molecules to separate nitrogen-enriched
air from oxygen. The technology had
been used for many years in nonaerospace applications, such as
obtaining oxygen-enriched air for
medical purposes and generating
nitrogen-enriched air to preserve
produce in transport. In airplane
applications, nitrogen-enriched air
could be produced when pressurized air
is forced through a canister that
contains the hollow fibers. The created
nitrogen-enriched air is then directed, at
appropriate concentrations, into the
ullage of fuel tanks and displaces the
normal fuel vapor/air mixture in the
tank. Use of this technology allows
nitrogen to be separated from the
available pressurized air onboard the
airplane, which eliminates the need to
carry and store nitrogen in the airplane.
Initially, we found that airplanes in
the current transport category fleet were
not designed with optimized air sources
for creating nitrogen-enriched air. As a
result, early designs required
installation of an air compressor, adding
significant weight and cost. Aware of
the earlier system’s disadvantages, our
researchers worked to address those
issues. Earlier fuel tank inerting designs,
primarily produced for military
applications to prevent fuel tank
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
explosions from battle damage, assumed
a fuel tank was ‘‘inert’’ with a maximum
of 9 percent oxygen content in the
ullage. Achieving this level of
concentration was not needed for
transport category airplanes, as our
research determined that a maximum
oxygen content of 12 percent would be
sufficient to protect airplanes from less
powerful ignition sources typical of
airplane system failures and
malfunctions at sea level. Thus, our
testing excluded turbulent flow flame
propagation, or external fuel tank
events, such as explosives and hostile
fire. (The FAA test results are available
in an FAA Technical Note: ‘‘Limiting
Oxygen Concentrations Required to
Inert Jet Fuel Vapors Existing at
Reduced Fuel Tank Pressures’’ (DOT/
FAA/AR–TN02/79). See: https://
www.fire.tc.faa.gov/pdf/TN02-79.pdf.)
Terrorist initiated accidents were also
excluded from consideration in the
earlier ARAC reports and the possible
benefits in the regulatory evaluation
within this notice. While the proposed
FRM requirements are not intended to
address terrorist initiated explosions,
such as the Bogata 727 accident
discussed earlier, inerting fuel tanks
may provide other significant secondary
safety benefits by addressing
flammability exposure. Testing
conducted by China Lake Naval
Weapons Center 6 showed that inerting
a fuel tank to 12 percent oxygen offers
a high degree of protection from a fuel
tank explosion when 30-millimeter high
explosive incendiary projectiles shot
into fuel tanks. The FAA invites
comments related to the potential
additional security benefits that may be
achieved by imposing FRM.
Based on our research, we identified
a simplified inerting system that, using
existing airplane pressurized air
sources, could limit a fuel tank to the 12
percent oxygen content level. This
concept eliminated the need for an air
compressor, thus reducing the size and
complexity of the system. Our research
determined that the method of
distributing the nitrogen-enriched air to
the fuel tank could also be simplified,
which further reduced the system’s
weight and installation cost. We now
estimate that a simplified inerting
system adequate to protect the center
wing tank on airplanes in the existing
fleet should weigh from 100 to 250
pounds and cost from $140,000 to
$225,000 to procure and install in
existing airplanes, depending on fuel
6 The Effectiveness of Ullage Nitrogen-Inerting
Systems Against 30-mm High-Explosive Incendiary
Projectiles, China Lake Naval Weapons Center, J.
Hardy Tyson and John F Barnes, May 1991.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
tank capacity. (More information on the
costs of these systems is provided in the
Preliminary Regulatory Evaluation.)
The FAA has openly shared with
industry information on the simplified
inerting system design ever since it was
first developed in May 2002. This
design concept was adopted by Boeing
when applying for a series of type
certification and production approvals
to incorporate a fuel inerting system
using nitrogen air enrichment in all
currently produced Boeing model
airplanes. Thus, on November 15, 2002,
Boeing applied for a change to TC No.
A20WE to modify Boeing Model 747
series airplanes to incorporate the
system into its center wing fuel tanks.
It has since applied for similar
approvals for the Boeing Model 737
series, Boeing Model 757 series, Boeing
Model 767 series, and Boeing Model 777
series airplanes. We published a request
for and received public comments on a
Notice of Proposed Special Conditions
for flammability reduction on the
Boeing Model 747 on December 9, 2003
(68 FR 68563). Final Special Conditions
No. 25–285–SC was issued on January
24, 2005 (70 FR 7800; February 15,
2005).
III. Proposed Requirements Relating to
Fuel Tank Flammability
We are proposing today a
performance-based set of requirements
that do not specifically direct the use of
fuel inerting, but rather set acceptable
levels of flammability exposure in tanks
most prone to explosion or require the
installation of an ignition mitigation
means in an affected fuel tank. We also
by separate notice propose to revise
Advisory Circular 25.981–2 so as to
describe several means of compliance
with these requirements, including both
flammability-reduction means, such as
cooling, inerting using nitrogen or
carbon dioxide, and ignition-mitigation
means, such as use of polyurethane
foam or explosion suppression systems.
The revised AC sets out detailed
parameters for such systems if used as
a means of achieving the targeted safety
standards.
The rule, if adopted, would require a
retrofit of much of the existing fleet of
large airplanes but would not
necessarily affect all transport aircraft.
We will require retrofit based on safety
needs, using a fleet average flammability
exposure limit of seven (7) percent, the
level recommended by ARAC. We know
that this level is routinely exceeded in
tanks that are incidentally heated by
nearby air conditioning equipment and
in unpressurized auxiliary fuel tanks
that are located in the cargo
compartment and that do not
PO 00000
Frm 00007
Fmt 4701
Sfmt 4702
70927
significantly cool. The vast majority of
large transport category airplanes
operating in the U.S., including all
Airbus models and most Boeing models,
have center wing tanks that are above
this level. We estimate that 3,800
airplanes with flammability exposure
level above 7 percent would be
retrofitted if this rule is adopted.
As is the case for new production
airplanes, all airplanes currently
equipped with a normally emptied or
auxiliary fuel tanks that have a
flammability level above 7 percent
could not have center wing tanks that
are flammable more than 3 percent on
average and 3 percent on hot days.
Lowering the flammability levels of
these fuel tanks in the existing fleet and
limiting the permissible level of
flammability on new production
airplanes would result in an overall
reduction in the flammability potential
of these airplanes of approximately 95
percent.
Some airplane models have center
tanks with a fleet average flammability
exposure level that does not exceed 7
percent, including to the best of our
information the Lockheed L–1011, and
Boeing MD–11, DC10, MD80, and
Boeing Model 727, and Fokker F28
MK100. At this time we do not believe
that these airplanes would need FRM or
IMM for their center tanks, unless the
certificate holder has also installed an
auxiliary fuel tank that is found to be
affected.7
A. Overview of the Proposal
Our proposal would require
manufacturers and operators of most
large transport category airplanes to
reduce the average flammability
exposure in affected fleets to tolerable
levels of risk. Fleet average flammability
exposure represents the percent of flight
time that fuel vapors in the ullage are
flammable, calculated across a fleet of
an airplane type operating over the
range of actual or expected flights and
based on a wide range of environmental
conditions and fuel properties.8 This
7 Auxiliary fuel tanks are installed subject to
amended supplemental type certificates or field
approvals. As such they are ‘‘aftermarket’’
installations not contemplated by the original
manufacturer of the airplane. Auxiliary fuel tanks
are installed to permit airplanes to fly for longer
periods of time by increasing the amount of
available fuel. While all auxiliary fuel tanks are
normally emptied, some ‘‘normally emptied’’ tanks
are included in the original type design, such as the
center wing tank on the Boeing 747.
8 The airplane flammability exposure evaluation
time begins when the airplane is prepared for flight
(which commences upon the start of preparing the
airplane for flight by turning on the auxiliary power
unit/ground power, starting the environmental
control systems, or taking other steps that begin the
E:\FR\FM\23NOP2.SGM
Continued
23NOP2
70928
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
rulemaking is premised on our finding
that fuel tanks whose fleet-wide average
flammability exposure is more than 7
percent have a ‘‘high flammability
exposure,’’ which we consider unduly
dangerous. This finding, in turn, is
based on the reports and findings of the
ARAC and our own risk assessment of
the current transport category airplane
fleet.
Our proposal would modify current
regulations in several important
respects, affecting both manufacturers
(TC holders and STC holders) and
operators (air carriers). We would
significantly expand the coverage of part
25 by making manufacturers generally
responsible for the development of
service information and safety
improvements (including design
changes) where needed to ensure the
continued airworthiness of previously
certificated airplanes. This proposal
would apply to holders of existing TCs,
holders of STCs, applicants for changes
to existing TCs, and certain other
airplane manufacturers. We are
proposing to specify the new
requirements for these entities in a new
subpart I to part 25, although we may
decide to relocate these requirements at
the time the final rule is issued to
simplify harmonization efforts.
As to fuel tank flammability
specifically, manufacturers, including
holders of listed airplane TCs and of
auxiliary fuel tank STCs, would be
required to conduct a flammability
exposure analysis of their fuel tanks,
unless they have already notified the
FAA that they will utilize an ignition
mitigation means instead. A new
Appendix L to part 25 will regulate the
conduct of these analyses.9 As
discussed later in this document, the
Appendix contains the method for
initial preparation of the airplane), continues
through the actual flight and landing, and ends
when all payload has been unloaded and all
passengers and crew have disembarked.
9 Rather than relying on the analysis already
conducted pursuant to SFAR 88 and then simply
regulating those airplanes with a demonstrated
exposure level of 7 percent or greater, today’s
proposal contemplates requiring a new exposure
analysis. The existing analyses, while helpful in
positing which airplanes are likely to be affected by
a final rule, were derived from incomplete, and
sometimes differing, assumptions. Appendix L
would correct such inconsistencies by establishing
a single methodology for calculating average
flammability exposure.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
calculating overall and warm day fuel
tank flammability exposure values
needed to show that the affected aircraft
tanks comply with proposed limitations
on flammability exposure levels,
described below.
Where the required analyses indicate
that the fuel tank has an average
flammability exposure level below 7
percent, no changes would be required.
However, for the other fuel tanks,
manufacturers would be required to
develop design modifications to support
a retrofit of the airplane. Under today’s
proposal, the average flammability
exposure level of any affected wing tank
would have to be reduced to no more
than 7 percent. In addition, for any
normally emptied fuel tank (including
auxiliary fuel tanks) located in whole or
in part in the fuselage, flammability
exposure would have to be reduced to
3 percent, both for the overall fleet
average and for operations on warm
days.
For long-pending certification projects
that have not received a type certificate
from the FAA prior to the date of the
final rule (where application was
received by the FAA before June 6,
2001, the effective date of 14 CFR
25.981(c), applicants would be required
to limit the flammability exposure of
any wing tank to no more than 7
percent. Any of those applicants whose
proposals include any normally emptied
or auxiliary fuel tank with a
flammability exposure level that
exceeds 7 percent would also have to
meet the same flammability exposure
requirements proposed for retrofit (i.e.,
3 percent), if any portion of the tank is
located within the fuselage contour.
Applicants for more recent certification
projects (where application was
received after June 6, 2001), and all
applicants for a TC or STC submitted
after the effective date of the final rule
would need to meet the new
requirements of that section set forth in
today’s proposal.
We would set more stringent safety
levels for certain critically located fuel
tanks in most new type designs, while
maintaining the current, general
standard under § 25.981 for all other
fuel tanks. We expect that as a result of
this rule the design of most normally
emptied and auxiliary tanks located, in
whole or in part, in the fuselage of
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
transport-category airplanes would need
to incorporate some form of FRM or
IMM. Regulations in a new proposed
Appendix K to Part 25 contain detailed
specifications for all FRM, if they are
used to meet the flammability exposure
limitations. These additional
requirements are designed to ensure the
reliability of flammability-reduction
means, reporting of performance metrics
and warnings of possible hazards in and
around fuel tanks. Specifications for
IMM are detailed in the current AC–
25.981–2 and are not generally
discussed in this document.
Type certificate holders for specific
airplane models with high flammability
exposure fuel tanks would be required
to develop design changes and service
instructions to facilitate the adoption of
IMM or FRM. Manufacturers of these
airplanes would have to incorporate
these design changes in airplanes
produced in the future. In addition,
these sections would require design
approval holders (TC and STC holders)
and applicants to develop airworthiness
limitations to ensure that maintenance
actions and future modifications do not
increase flammability exposure above
the limits in this proposal. These design
approval holders would have to submit
binding certification plans by a
specified date, and these plans would be
closely monitored by the holders’ FAA
oversight offices to ensure timely
progress.
Lastly, the proposal requires affected
operators to incorporate FRM or IMM
where required for high-risk fuel tanks
in their existing fleet of affected airplane
models. Air carriers would also have to
revise their maintenance and inspection
programs to incorporate the
airworthiness limitations developed
under the other proposals. We also
intend to establish strict retrofit
deadlines, which are premised on
prompt compliance by manufacturers
with their certification plans.
Table 1 summarizes the proposed
regulatory changes that relate to fuel
tank flammability safety. This table does
not summarize the proposed regulatory
changes that are common between this
proposal and other aging airplane
initiatives. Those changes are discussed
in detail later.
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
70929
TABLE 1.—SUMMARY OF PROPOSED RULES
14 CFR
Description of proposal
Applies to
25.1, 25.2 .............................
Expand applicability to current holders of TCs, STCs,
and certain manufacturers.
Amend § 25.2 to make reference to the proposed subpart I.
Revise paragraph (b) to specify limits on fuel tank flammability.
Add paragraph (c) to restate current option of providing
ignition mitigation means (IMM).
Add paragraph (d) to include airworthiness limitation
items (ALI) for IMM or Flammability Reduction Means
(FRM), and move the existing ignition prevention ALI
requirements into this paragraph.
Defines the intent of the subpart ....................................
Applicants for TCs, and changes to those TCs for
transport category airplanes. Manufacturers of certain
airplane models.
25.981 ..................................
Subpart I 25.1801 ................
25.1815 ................................
25.1817 ................................
25.1819 ................................
25.1821 ................................
Appendix 25 K .....................
Appendix 25 L ......................
91.1509, 121.917, 125.509,
129.117.
Require flammability exposure analysis of all fuel tanks
within 150 days after effective date. If below 7 percent no flammability reduction required. Compliance
with § 25.981(d) to define ALI required.
If above 7 percent and in fuselage and normally
emptied, must develop service instructions to meet
§ 25.981(b), (c) and (d).
If above 7 percent and other tank type, must develop
service instructions to incorporate IMM (meet
§ 25.981(c), or reduce flammability to 7 percent).
Specific compliance dates for each Boeing and Airbus
airplane model. Other models within 24 months.
Require flammability exposure analysis of all fuel tanks
installed under STC within 12 months after effective
date.
Require impact assessment of fuel tanks installed by
STCs, and (for pending and future applicants) other
STCs affecting fuel tank flammability, on IMM or
FRM developed by TC holder under § 25.1815 to determine if any ALI has been violated 6 months after
FAA approval of ALI submitted by TC holders under
§ 25.1815 or before certification, whichever is later.
Require development of service instructions to correct
designs that compromise ALI defined by TC holder
under § 25.1815 within 24 months. Require within 24
months after TC holder compliance with 25.1815 development of service instructions for a IMM or FRM
for any tank with flammability above 7 percent, if located within the fuselage and normally emptied.
Requires IMM or FRM for any fuel tank on a passenger
airplane with a flammability level that exceeds 7 percent. Fuel tanks located in the fuselage and normally
emptied must meet § 25.981(b) level. Other fuel
tanks must not exceed 7 percent.
Requires compliance with § 25.981(c) ............................
Requires any affected airplanes produced after a certain date to incorporate IMM or FRM.
Establishes performance, reliability and reporting requirements for flammability reduction means.
Defines flammability analysis method and input parameters that must be used in the analysis.
Require retrofit of IMM or FRM into large airplanes with
high flammability fuel tanks. Require large transport
category airplanes manufactured after specific dates
to have IMM or FRM in high flammability fuel tanks.
Require incorporation of ALI into the maintenance
program.
B. Ongoing Responsibility of Type
Certificate Holders for Continued
Airworthiness
Several recent safety regulations
necessitated action by air carriers and
other operators but did not require
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
Applicants for future TCs and design changes to those
certificates.
TCs, and design changes to those TCs for transport
category airplanes. Manufacturers of certain airplane
models.
TC holders.
Large transport category passenger airplanes, with passenger capacity of 30 or more or a payload of 7500
lbs or more (original TC or later increase).
Auxiliary tank STC holders for large transport category
passenger airplanes, with passenger capacity of 30
or more or a payload of 7500 lbs. or more (original
TC or later increase).
Applicants for future STCs or amendments to TCs that
affect fuel tank system or IMM/FRM.
Pending certification projects.
Pre Amendment 102.
Post Amendment 102.
Manufacturers of certain airplane models.
Applicants for approval of flammability reduction
means.
Any person required to perform flammability analysis.
U.S. certificate holders and foreign persons operating
U.S.-registered large transport category passenger
airplanes.
design approval holders to develop and
provide the necessary data and
documents to facilitate the operators’
compliance. Operators are often
dependent on action by a design
approval holder before they can
PO 00000
Frm 00009
Fmt 4701
Sfmt 4702
implement new safety rules. Ongoing
difficulty reported by operators in
attempting to meet these rules has
convinced us that the corresponding
design approval holder responsibilities
may be warranted under certain
E:\FR\FM\23NOP2.SGM
23NOP2
70930
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
circumstances to enable operators to
meet regulatory deadlines.
We intend to require type-certificate
holders, manufacturers and others to
take actions necessary to support the
continued airworthiness of and to
improve the safety of transport-category
airplanes. Such actions include
performing assessments, developing
design changes, revising instructions for
continued airworthiness (ICA), and
making available necessary
documentation to affected persons. We
believe this requirement is necessary to
facilitate compliance by air carriers with
operating rules that in effect demand the
use of new safety features.
To address this problem, we propose
to amend subpart A of part 25 to expand
its coverage and to add a new subpart
I to establish requirements for current
holders. As discussed in our final rule,
‘‘Fuel Tank Safety Compliance
Extension and Aging Airplane Program
Update’’ (69 FR 45936, July 30, 2004),
this and related proposals would add
provisions to a new subpart I requiring
actions by design approval holders that
will allow operators to comply with our
rules.
Part 25 currently sets airworthiness
standards for the issuance of TCs, and
changes to those certificates, for
transport category airplanes. It does not
list the specific responsibilities of
manufacturers to ensure continued
airworthiness of these airplanes once
the certificate is issued. Therefore, we
propose to revise § 25.1 by adding
paragraph (c) to make clear that part 25
creates such responsibilities for holders
of existing and supplemental type
certificates for transport category
airplanes, and applicants for approval of
design changes to those certificates; we
are also adding paragraph (d) to require
design changes and other service
activities by manufacturers when
needed. In order to ensure the
effectiveness of these changes, we
would also amend § 25.2 (‘‘Special
retroactive requirements’’) so as to
require adherence to a new Subpart I
which may require design changes and
other activities by type certificate
holders.
This proposal would establish a new
subpart I, Continued Airworthiness and
Safety Improvements, where we would
locate rules imposing ongoing
responsibilities on design approval
holders. In the past, this type of
requirement took the form of a Special
Federal Aviation Regulations (SFAR).
SFARs are difficult to locate, because
they are scattered throughout Title 14.
Placing all these types of requirements
in a single subpart of part 25, which
contains the airworthiness standards for
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
transport category airplanes, would
provide ready access to critical rules.
In preliminary discussions with
foreign aviation authorities, with whom
we try to harmonize our safety rules,
they have expressed concern about
consolidating parallel requirements in
their counterparts to part 25. They have
suggested that it may be more
appropriate to place them in part 21 or
elsewhere. Therefore, we specifically
request comments from the public,
including foreign authorities, on the
appropriate place for these
airworthiness requirements for type
certificate holders.
We reserve additional sections in this
proposal to include other subparts we
would expect to create with future aging
airplane rules, several of which are
under development. Some of these
proposals include similar language
establishing the general airworthiness
responsibilities of manufacturers and
thus include some overlapping
provisions. Once any proposal
establishing these broad responsibilities
becomes a final rule, we will delete the
duplicative requirements from the other
proposals and retain only that language
pertinent to any specific new safety
regulations (such as fuel-tank
flammability reduction).
Except in one respect (discussed
below), however, the ongoingairworthiness requirements in Subpart I
would not by their terms reach
applicants for TCs with respect to new
projects for which application is made
after the effective date of the proposed
rule. This is unnecessary because, when
we adopt a new requirement for TC
holders, there will be a corresponding
amendment to part 25 expressly making
compliance with the new, or a similar
safety standard a condition for receiving
a TC in the future. For example, in this
proposal, the new requirements of
§ 25.981(b), (c) and (d) regarding FRM
and IMM will govern future
applications.
For safety reasons, however, we are
requiring that any application for a type
design change, whenever filed, not
degrade the level of safety already
created by the TC holder’s presumed
compliance with the subpart I rule.
Currently, when reviewing an
application for such a change, we
employ the governing standards stated
in part 21, specifically § 21.101. That
section generally requires compliance
with standards in effect on the date of
application but contains exceptions that
may allow applicants to show
compliance with earlier standards. For
example, if a change is not considered
‘‘significant,’’ the applicant may be
allowed to show compliance by
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
pointing to standards that applied to the
original TC. (See AC 21.101–1,
‘‘Establishing the Certification Basis of
Changed Aeronautical Products,’’ a copy
of which can be downloaded from
https://www.airweb.faa.gov/rgl).
With the adoption of subpart I rules,
we must ensure that safety
improvements that result from TC
holder compliance with these
requirements are not undone by later
modifications. Therefore, even when we
determine under § 21.101 that an
applicant need not comply with the
latest airworthiness standards, it will be
required to demonstrate that the change
would not degrade the level of safety
provided by the TC holder’s compliance
with the subpart I rule. In the context of
today’s proposal, for example, this will
mean that an applicant for approval of
a design change would have to show
that it would not increase the fuel tank
flammability above the limits defined in
this proposal or adversely affect the
FRM or IMM established by the TC
holder.
C. Applicability
1. Manufacturers and Holders of Type
Certificates, Supplemental Type
Certificates and Field Approvals
Today’s proposal, if adopted, will
impose requirements on TC holders for
all affected transport category airplanes
as well as STC holders and operators
who have field approvals for auxiliary
fuel tank designs. Not all airplanes
would require the installation of an
FRM or IMM. Those requirements
would be based on the initial average
flammability exposure analysis
discussed in detail later in this
document. However, the TC, STC or
field approval holder would be required
to develop and provide limitations on
the types of alterations and operations
permitted for the airplane in order to
retain the validity of that initial
analysis.
Today’s proposal, if adopted, would
apply not only to domestic TC holders,
but also to foreign TC holders. This rule
would be different from most type
certification programs for new TCs,
where foreign applicants typically work
with their responsible certification
authority, and the FAA relies, to some
degree, upon that authority’s findings of
compliance under bilateral
airworthiness agreements. No other
certification authority has yet adopted
requirements addressing fuel tank
flammability for existing TCs. While
some authorities have indicated an
interest in adopting some type of
requirements for new airplane designs,
they may not adopt requirements
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
applicable to existing TCs. Accordingly,
the FAA will retain the authority to
make all the necessary compliance
determinations, and where appropriate
may request certain compliance
determinations by the appropriate
foreign authorities using procedures
developed under the bilateral
agreements. The compliance planning
provisions of this proposed rule are
equally important for domestic and
foreign TC holders and applicants, and
we will work with the foreign
authorities to ensure that their TC
holders and applicants perform the
planning necessary to comply with
those requirements.
As discussed briefly above, the
proposed rule would require holders of
existing type certificates to incorporate
FRM or IMM into all new production
airplanes if the fleet average
flammability exposure level exceeds
permissible levels. In past rulemakings
where the FAA has required production
cut-in of safety improvements, we have
adopted rules prohibiting operators of
airplanes produced after a specified date
from operating those airplanes unless
they are equipped with the
improvements. This approach is
effective in ensuring that U.S. operators
receive the benefits of these safety
improvements. But these rules do not
apply to foreign operators, unless they
operate U.S.-registered airplanes.
By requiring FRM or IMM separately
from the operational rules proposed in
this notice, the proposed rule would
improve the safety of the overall fleet of
larger transport category airplanes. This
requirement would also facilitate the
secondary market for these airplanes.
Even if a manufacturer initially sells an
airplane to a foreign operator who may
not be required to have the system, the
operator may later sell or lease it to a
U.S. operator. The U.S. operator would
be able to simply place it into service,
rather than having to install a system.
Given the frequency of airplane
transfers in today’s global economy, we
think having these systems installed
during production will provide
significant long-term efficiencies since
no retrofit would be required, as well as
providing immediate safety benefits.
2. Airplanes
If adopted, this rule would apply,
with some exceptions discussed below,
to transport category turbine-powered
airplanes with a maximum typecertificated capacity of 30 or more
passengers, or a maximum payload
capacity of 7500 pounds or more
resulting from the original certification
of the airplane or later increase in
capacity. This would result in the
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
coverage of airplanes where the safety
benefits and the public interest are the
greatest.
We are proposing to apply this rule to
airplanes for which a passenger capacity
of 30 or more has been approved at any
time. In the past, some designers and
operators have obtained design change
approval to slightly lower existing
capacity to avoid applying requirements
mandated only for airplanes over
specified capacities. Today’s proposal
would remove this possible means of
avoiding compliance. It is also possible
that an airplane design could be
originally certificated with a capacity
slightly lower than the minimum
specified in this section, but through
later design changes, the capacity could
be increased above this minimum.
Today’s proposal addresses both of
these situations by proposing to regulate
all airplanes that have been approved
for carriage of 30 or more passengers, or
7500-pound or more payload, at any
time.
We considered applying this proposal
to all part 25 airplanes. This would have
resulted in modifications to all fuel
tanks located in the fuselage that are
normally emptied. However, smaller
airplanes generally do not have a
significant number of high flammability
exposure fuel tanks. Few of the smaller
transport category airplanes in the
current fleet have center wing tanks that
are normally emptied. While some of
the smaller airplanes have auxiliary or
normally emptied fuel tanks located
within the fuselage contour, many of
these airplane types use differential fuel
pressure to transfer the fuel from the
fuel tanks. The increased pressure
results in a reduction in the fuel tank
flammability by keeping the fuel vapors
at a level where ignition is unlikely. We
have determined that the benefits of
including these airplane types in this
proposal are not sufficient to warrant
the cost.
Certain vintage airplanes type
certificated before 1958, the beginning
of the jet age, would be excluded from
the requirements of this proposal. They
are listed in § 25.1815(j). There are no
known reciprocating-powered transport
category airplanes currently in
scheduled passenger service.
Compliance would not be required for
these specific older airplanes, because
their advanced age and small numbers
would likely make compliance
economically impractical. If the public
knows of other airplanes that may
present unique compliance challenges,
the FAA is interested in receiving
comments. These comments may result
in additional airplane models being
PO 00000
Frm 00011
Fmt 4701
Sfmt 4702
70931
excluded from the requirements of this
proposed rule.
The proposal does not extend to
airplanes used in all-cargo operations.
Our analysis of the costs of extending
the proposal to include these airplanes
does not appear to be justified by the
associated benefits. The potential loss of
life in a single accident is much smaller
on all-cargo planes of the size
contemplated by today’s proposal than
on comparably sized passenger planes.
The undiscounted cargo airplane costs
would be about $261 million, with a
present value of $110 million, while the
benefits would be less than $1 million.
However, the FAA does believe there is
a risk to all-cargo airplanes because they
share the same design features as at-risk
passenger airplanes. We typically do not
base our certification standards for
transport category airplanes on use.
Rather, our general philosophy is to
address the performance characteristics
of these airplanes because we believe all
occupants should be protected against
those designs that present a risk of
serious injury or death.
We have not evaluated the risk to allcargo airplanes because they are
derivatives of passenger airplanes. The
risk may be lower for all-cargo
operations than for passenger
operations. For example, if the risk of a
fuel tank explosion per operating hour
is the same for all-cargo planes as for
passenger airplanes, the projected
number of accidents for these planes is
significantly less than one (0.15) in the
next 50 years. This is because the
projected number of miles flown by a
cargo plane over the next 50 years is
only 23 million miles. The risk may also
be lower for all cargo operations because
many cargo operations are conducted at
night when the flammability of the fuel
tanks is lower because of lower ambient
temperatures.
The 747 has both a passenger version
and a freighter. The Monte Carlo
analysis conducted for the 747 included
both types of airplanes, and was
weighted primarily toward the
passenger airplane because they make
up the majority of the 747 fleet. Thus,
it should be possible to model the risk
of a fuel tank explosion for cargo
airplanes separate from passenger
airplanes. We request flammability
analyses on all-cargo airplanes and on
the passenger versions of the same
airplane model, as well as any
underlying data.
We have provided a breakdown of the
estimated costs and benefits associated
with requiring all-cargo airplanes be
equipped with a means of reducing
flammability in the preliminary
regulatory evaluation. We believe that
E:\FR\FM\23NOP2.SGM
23NOP2
70932
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
the cost associated with providing a
means of flammability reduction on
newly designed cargo airplanes may be
sufficiently low that it could make sense
for all airplanes manufactured under a
TC or amended TC applied for after the
effective date of the final to have either
an FRM or IMM. We believe there will
be only a minimal cost associated with
equipping newly designed all-cargo
airplanes with a means of flammability
reduction since the passenger version of
the same model will be designed with
such a system.
We request comment on whether,
given the costs involved, the design
rules, the production cut-in rules, or the
operating rules, if adopted, should be
applied to all-cargo airplanes.
Even with the categories of airplanes
excluded that are discussed above, we
recognize that this proposal is costly. To
ensure that this rule is as cost effective
as possible, we specifically request
comments on whether there are other
categories of airplanes or ways to
distinguish among airplanes that would
focus this rule on those where the
benefits would be greatest. Any
comments provided should include data
to support the suggested exclusions or
distinctions.
3. Fuel Tanks
The requirements proposed today
would apply the proposed new FRM or
IMM requirements to existing fuel tanks
with a fleet average flammability
exposure level that exceeds 7 percent.
Main fuel tanks on existing airplanes,
i.e., those that are designed both to feed
fuel directly to one or more engines and
to hold the required fuel reserves
continually throughout each flight, are
unlikely to be affected as they should
have a fleet average flammability
exposure level well below 7 percent.
For any fuel tank that is normally
emptied and has a fleet average
flammability exposure level that
exceeds 7 percent average flammability
exposure, if any portion of the tank is
located in the fuselage contour, the
proposal would require TC STC and
field approval holders to develop IMM
or FRM that reduces the flammability
exposure to 3 percent average
flammability exposure and that meets
the 3 percent warm day requirements.
All other tanks with a fleet average
flammability exposure level exceeding 7
percent would need to incorporate IMM,
or FRM. If FRM is installed it would
need to provide a fleet average
flammability exposure at one of two
levels: Tanks on airplanes manufactured
pursuant to a type certificate applied for
prior to June 6, 2001 would have to have
an exposure level no greater than 7
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
percent; tanks on airplanes
manufactured pursuant to a type
certificate applied for after June 6, 2001
would have to have an exposure level
either no greater than 3 percent or
equivalent to that of a comparable
conventional unheated aluminum tank
(which could be either more or less than
3 percent).
The ARAC found fuel tanks that are
normally emptied have higher
flammability exposure times than main
tanks. Because these tanks contain a
high percentage of ullage during a
significant portion of most flights, a
larger number of potential ignition
sources are exposed to fuel vapor space
for an extended time. Additionally,
when they are within the fuselage
contour, they are not naturally cooled
by external air, which causes the fuel
vapor to be flammable for a significant
portion of the airplane operating time.
Auxiliary fuel tanks are developed by
TC holders, STC holders and,
occasionally, by operators via field
approvals, to increase the fuel capacity
available on a type-certificated airplane.
There are 74 different STCs for auxiliary
fuel tanks in the airplanes potentially
affected by the proposed rule. There are
also field approvals for auxiliary tanks
installed by airplane operators. Data
submitted to the FAA as a result of
SFAR 88 shows that fifteen of these
auxiliary tanks have high flammability
exposure fuel tanks. Some of these tanks
have been installed in airplanes such as
the DC–9 and DC–10 that do not have
any other fuel tanks with high
flammability exposure. Production of
these airplane models ended long ago,
so many of these airplanes will be at or
near the end of their intended
operational life at the end of the
proposed compliance time given to the
operators to incorporate FRM or IMM.
Requiring the affected certificate holders
to develop service instructions and the
operators to incorporate FRM for these
older fuel tanks increases the cost of the
proposed rulemaking with fewer
benefits than incorporation of FRM on
newer airplane models. Therefore, the
FAA specifically requests comments on
including these auxiliary fuel tanks in
the proposal. Information on the
number of fuel tanks installed in the
fleet and the remaining useful life of the
affected airplanes should be provided.
Portions of fuel tanks that are located
within the fuselage contour include
those in either the pressurized or
unpressurized section of the fuselage or
those whose surfaces make up part of
the pressurized compartment. Fuel
tanks located within the cargo
compartment and center wing tanks are
considered to be located in the fuselage
PO 00000
Frm 00012
Fmt 4701
Sfmt 4702
contour. Many center tanks have
portions that extend from the center
wing box to the wing. The
compartments of the tank located within
the wing would also be considered part
of the tank located within the fuselage
contour and the same flammability
requirements would apply. Fuel tanks
located in the horizontal stabilizer,
which also include segments located
inside the fuselage and portions that
extend outside the fuselage contour,
would be assessed in the same way.
Fuel tanks have also been located
within the vertical stabilizer. If no
portion of these tanks is in the fuselage,
these tanks would not be considered as
located within the fuselage boundary.
4. Airplane Operators
The rule proposed today would also
apply to operators of the affected aircraft
other than those who operate pursuant
to 14 CFR part 135, Operating
Requirements: Commuter and On
Demand Operations and Rules
Governing Persons On Board Such
Aircraft. We are excluding part 135
operators, because we have determined
that only a few airplanes operated under
part 135 would be subject to the rule.
This is because part 135 is currently
limited to a carrying of capacity of 10
or fewer passengers and a payload of no
more than 7,500 lb. We are in the
process of revising part 135 and may
consider increasing the payload
capacity as part of that revision. If an
increase in payload capacity is
contemplated, we may also consider
requiring FRM or IMM under part 135.
As discussed previously, in an effort
to enhance the cost effectiveness of this
rule, we specifically request comments
on whether other categories of
operations should be excluded. Any
comments provided should include data
to support the suggested exclusions or
distinctions.
D. Proposed Requirements for
Manufacturers and Holders of Type
Certificates, Supplemental Type
Certificates and Field Approvals
1. New Airplane Designs
Currently, § 25.981(c) establishes a
requirement that fuel tank installation
on all airplanes for which the type
certificate was applied for after 2001
must have either a ‘‘means to minimize
the development of flammable vapors in
the fuel tanks’’ that would ‘‘reduce the
likelihood of flammable vapors, or a
‘‘means to mitigate the effects of an
ignition of fuel vapors * * *.’’ We
propose amending this section to
address new airplane designs.
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
We propose to require those airplanes
incorporating FRM to limit the fleet
average flammability exposure to 3
percent, and to limit warm day exposure
to 3 percent, for all normally emptied
fuel tanks located, in whole or in part,
in the fuselage. All other fuel tanks
could either meet the 3 percent average
flammability exposure limitation or
have a level that is no higher than the
exposure level in a conventional
unheated aluminum wing tank that is
cooled by exposure to ambient
temperatures during flight. The
advantage of the first option is that
manufacturers using unconventional
designs would not be required to
conduct the modeling on an equivalent
unheated aluminum wing tank that is a
purely theoretical design. The advantage
of the second option is that a
manufacturer could increase the level of
acceptable exposure based on the
exposure characteristics of this
theoretical wing design.
TC Applicants have proposed newer
technology airplanes using composite
wing skins or fuel tank designs with
little exposed surface area. These
designs may result in average fuel tank
flammability exposure above the levels
recommended by the ARAC. We expect
future applicants will propose similar
designs. For these airplane types, the
applicant would have the option of
demonstrating compliance by analyzing
the fleet average flammability exposure
of an equivalently designed wing made
of aluminum for the model under
evaluation. The thermal characteristics
of the wing treated as a single fuel tank,
as well as airplane specific parameters
such as climb, cruise and descent
profiles and flight length distribution,
would be used as inputs to the
flammability exposure analysis defined
in Appendix L. This analysis would
establish the maximum allowable
flammability for the airplane model
under evaluation.
The safety objective of an ‘‘unheated
aluminum wing tank’’ that is proposed
as the standard in this notice is
consistent with the ARAC
recommendation and 14 CFR 25.981(c).
It does not provide a numerical standard
to apply in future type certification
programs and the demonstration of
compliance requires the applicant to
conduct an analysis of their design to
establish the flammability of a
conventional unheated aluminum wing
tank. In certain cases the compliance
demonstration would be simplified if a
numerical standard were provided in
the regulation. Therefore we are
proposing to establish a numerical
flammability exposure standard of 3
percent that can be used. This approach
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
70933
may have implementation advantages
and should achieve the safety level
intended by the ARAC recommendation
and the current approach of § 25.981(c).
We specifically request comments on
which approach would be more
workable and effective. If, based on
comments received, we determine that a
numerical standard alone is preferable,
we may revise the final rule to adopt
this approach.
In addition to designing normally
emptied fuel tanks that meet the
proposed requirements, the TC holder
would be required to provide
airworthiness limitations designed to
prevent exceeding the exposure limits of
this rule or degrading the performance
and reliability of FRM or IMM provided
by the TC holder. For example, the
manufacturer may state that any
changes to the fuel system may
invalidate its exposure analysis. In such
an instance, the party making
subsequent changes would need to
conduct its own exposure analysis to
ensure that the affected fuel tanks
remain within the applicable limits.
Likewise, a manufacturer may limit the
type of jet fuel acceptable for its
systems, as a jet fuel with a lower flash
point may invalidate the initial
exposure analysis.
As discussed earlier, today’s proposal
would not apply to airplanes designed
solely for all-cargo operations. This
exclusion applies to airplanes that,
either as a result of initial type
certification or through later design
changes, have no passenger carrying
capability, except for carriage of
supernumeraries.10 Airplanes designed
for all-cargo operations would continue
to be subject to the existing
requirements of § 25.981(c), which
requires either means to minimize the
development of flammable vapors in the
fuel tanks or IMM. On the other hand,
if an airplane that is designed for allcargo operations is converted to an
airplane equipped to carry passengers,
including a ‘‘combi’’ airplane (part
cargo, part passenger), this design
change would make the airplane subject
to these proposed requirements.
IMM or FRM that limit both overall and
warm day fleet flammability exposure
levels (discussed later) to no more than
3 percent would need to be developed.
All other normally emptied fuel tanks
exceeding a 7 percent exposure limit
would require design changes limiting
exposure to 7 percent unless
manufactured pursuant to a type
certificate applied for after June 6, 2001,
in which case the potentially more
stringent requirements of existing
§ 25.981(c) would continue to apply.11
Once design changes are developed, a
second exposure analysis would need to
be conducted to validate the design
changes.
Even if no changes to existing fuel
tanks are required based on the fleet
average exposure analysis, the
manufacturer would be required to
develop the same type of airworthiness
limitations as those required for new
airplane designs.
The affected TC holders would also be
required to submit compliance plans for
the flammability analysis and the
development of service instructions for
an FRM or IMM. The contemplated
compliance schedules and submissions
are discussed later in this document.
Finally, today’s proposal would
require production cut-in for all
airplanes manufactured after the
required design changes are available.
This section would apply only if the
FAA has jurisdiction over the
organization responsible for final
assembly of the airplane. Section
25.1821(a) uses the same terminology as
Annex 8 to the Convention on
International Civil Aviation, which
defines the limits of the FAA’s authority
under international law. In most cases,
this refers to final assembly within the
United States; there are limited
circumstances where final assembly
may occur in United States, but the
responsible organization is under the
jurisdiction of a foreign authority. It is
also possible that final assembly could
be done in another country by an
organization over which the FAA has
jurisdiction, such as a production
certificate holder.
2. Existing Airplane Designs
Holders of existing TCs would be
required to first conduct a fleet average
flammability exposure to determine
whether the rule proposed today would
apply to their fuel tanks. If the exposure
level for normally emptied fuel tanks
within the fuselage exceeds 7 percent,
design changes and instructions for
3. Auxiliary Fuel Tanks
Manufacturers and installers of
auxiliary fuel tanks, whether
manufactured under an amended TC, an
STC or a field approval, would be
required to conduct both an initial fleet
10 These are cargo handlers and other persons
who are typically carried on cargo-only airplanes to
assist in the cargo operations.
PO 00000
Frm 00013
Fmt 4701
Sfmt 4702
11 If this proposed amendment is not issued until
after affected pending certification projects are
completed, the final rule may revise the retrofit
requirements proposed in § 25.1815 to reference
Amendment 25–102 as the appropriate standard for
fuel tanks on these airplanes other than those
located in the fuselage.
E:\FR\FM\23NOP2.SGM
23NOP2
70934
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
average exposure analysis and an
impact assessment. The first analysis
would determine the exposure of the
tanks for which they are responsible,
while the second would determine
whether those tanks negatively impact
the flammability exposure of the tanks
originally installed on the airplane.
Changes to TCs, including installation
of auxiliary fuel tanks or changes in the
capacity of fuel tanks, may result in
increased fuel tank flammability
exposure or adversely affect FRM or
IMM.12 Accordingly, the proposed rule
would require a flammability exposure
analysis of the auxiliary fuel tank
design, an impact assessment to
determine any adverse impact its design
may have on the original or modified
type design, and development of a
flammability impact mitigation means
(FIMM) to address adverse changes in
flammability exposure.
STC holders or applicants for an
amended TC affected by the proposed
rule would need to conduct a
flammability analysis using the ‘‘Monte
Carlo’’ method defined in proposed
Appendix L and discussed later in this
document. A number of inputs are
required to conduct this analysis.
Airplane specific data, such as fuel
management, fuel tank thermal
characteristics, or airplane climb rate
may not be readily available from the
original TC holder. We intend the STC
holders to obtain the information by
working with the TC holder and
operators of airplanes that have their
tanks installed. Applicants would need
to work with prospective customers.
Operators have business agreements
with the original TC holders and in
many cases access to TC holder
information they obtained when they
purchased the airplane. Conservative
assumptions or business agreements
with the original TC holders are other
possible methods of gathering airplane
type specific data needed for the
analysis.
If an increase in exposure above the
allowable limits is identified, the holder
of the STC or field approval would have
to develop a FIMM and demonstrate
how it will mitigate the impact of the
increased exposure. One of the easiest
12 With the adoption of rules requiring the retrofit
of fuel tanks in certain airplanes, we have to
consider different issues in deciding what standards
applicants for design change approvals must meet.
Otherwise, the safety improvements that result from
TC holder compliance with these requirements
could be undone by later modifications. Therefore,
even if we determine under § 21.101 that it is not
necessary to require these applicants to comply
with the latest airworthiness standards, it is still
necessary for them to show that the change would
not degrade the level of safety provided by the TC
holder’s compliance with the rule proposed today.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
methods may be simply deactivating the
auxiliary tank or sealing off the venting
to the affected tank. As another
example, if an auxiliary fuel tank vents
into a TC holder’s tank for which FRM
is provided, the venting may have to be
modified to prevent adversely affecting
the FRM’s performance.
Finally, a validation analysis would
be required for the auxiliary tanks that
demonstrates that the auxiliary tank
flammability exposure levels, as
modified with the addition of FRM or
IMM, do not exceed the acceptable
limits. Likewise, a validation analysis
would be required to demonstrate that
the FIMM is effective in maintaining the
level of exposure in other tanks
determined by the manufacturer of the
other tank. As is the case for TC holders
of existing airplanes, holders of STCs
and field approvals would need to
develop future airworthiness limitations
and meet all mandated compliance
schedules should they decide not to
deactivate the fuel tank.
For applicants for STCs and TC
amendments, this proposal includes
other design changes that could affect
flammability exposure. Because this
rule would require retrofit of airplanes
to reduce flammability exposure, it
would be counterproductive to allow
future design changes that might negate
the safety benefits of those retrofits.
Any design change to a TC subject to
the requirements proposed in today’s
document that adds an auxiliary fuel
tank, increases fuel tank capacity, or
increases the flammability exposure of
the existing fuel tank would have to
meet the requirements of § 25.981
proposed today. This requirement is
intended to apply primarily to future
design changes, but it may also apply to
design change projects that are pending
when this rule is issued. For example,
in addition to applying for a new TC for
the Airbus Model A380, Airbus has also
applied for an amendment to that TC for
the Model A380–800F (freighter
derivative). Among other design
changes, this TC amendment would
incorporate a new fuel tank in the
fuselage contour that is normally
emptied. Under this proposal, this fuel
tank would have to be shown to meet
the requirements of proposed § 25.981.
Because of the increased technical
complexity of auxiliary fuel tank
installations resulting from this
proposal once this final rule is adopted,
field approvals will no longer be granted
for these tanks on airplanes affected by
this rule.
PO 00000
Frm 00014
Fmt 4701
Sfmt 4702
4. Methods of Mitigating the Likelihood
of a Fuel Tank Explosion
As noted above, TC and STC holders
may need to make design changes to
their fuel tanks located, in whole or in
part, within the fuselage to decrease
their level of flammability exposure.
The rule proposed today offers two
options, IMM or FRM.
a. Flammability Analysis Using the
Monte Carlo Method
For all fuel tanks, an analysis must be
performed to determine whether the
fuel tank, as originally designed, meets
the fleet average flammability exposure
limits discussed above. By ‘‘average,’’
we mean that the analysis of each fuel
tank must be averaged over the entire
flammability exposure evaluation time
(FEET) (see footnote 8) of each airplane
in the entire fleet. To determine the
flammability exposure of fuel tanks, the
ARAC used a specific methodology
referred to as the Monte Carlo method.13
We are proposing that any analysis of a
fuel tank must be performed in
accordance with this methodology, as
detailed in proposed Appendix L and in
the FAA document, Fuel Tank
Flammability Assessment Method Users
Manual.14 We considered approving
alternative methodologies in lieu of
Appendix L, but we found that no other
alternative considered all factors that
influence fuel tank flammability
exposure, which is the safety objective
of this proposal.
The Monte Carlo method,15 as
commonly understood by scientists, is
13 This methodology determines the fuel tank
flammability exposure for numerous simulated
airplane flights during which various parameters
such as ambient temperature, flight length, fuel
flash point are randomly selected. The results of
these simulations are averaged together to
determine the fleet average fuel tank flammability
exposure.
14 As indicated in Appendix L, we intend to
incorporate the users manual by reference into the
final rule.
15 History of Monte Carlo method
The method is called after the city in the Monaco
principality, because of a roulette, a simple random
number generator. The name and the systematic
development of Monte Carlo methods dates from
about 1944.
The real use of Monte Carlo methods as a
research tool stems from work on the atomic bomb
during the second world war. This work involved
a direct simulation of the probabilistic problems
concerned with random neutron diffusion in fissile
material; but even at an early stage of these
investigations, von Neumann and Ulam refined this
particular ‘‘ Russian roulette’’ and ‘‘splitting’’
methods. However, the systematic development of
these ideas had to await the work of Harris and
Herman Kahn in 1948. About 1948 Fermi,
Metropolis, and Ulam obtained Monte Carlo
estimates for the eigenvalues of Schrodinger
equation.
In about 1970, the newly developing theory of
computational complexity began to provide a more
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
useful for obtaining numerical solutions
to problems which are too complicated
to solve analytically. The method
provides approximate solutions to a
variety of mathematical problems by
performing statistical sampling
experiments on a computer. The method
applies to problems with no
probabilistic content as well as to those
with inherent probabilistic structure.
Our use of this method to analyze fuel
tank flammability exposure and define
acceptable limits is based on the
recommendation of the ARAC, which
compared the flammability exposure of
conventional unheated aluminum wing
fuel tanks to that of tanks that are
located within the fuselage contour and
heated by adjacent equipment. Use of
the Monte Carlo method allows us to
consider variables from within defined
distributions that represent possible
operating conditions for the flight. The
results of a large number of flights can
then be used to approximate average
flammability exposure over a large fleet
of airplanes.
Variables include those affecting all
airplanes in the transport category
airplane fleet, such as: (1) Ground,
overnight, and cruise air temperatures
likely to be experienced worldwide; (2)
fuel properties; and (3) conditions when
the tank in question will be considered
flammable. In addition, the analysis
factors in specific airplane models
characteristics, such as climb and
descent profiles, fuel management, heat
transfer characteristics of fuel tanks,
maximum airplane operating
temperature limitations, maximum
airplane range for the airplane model,
and the effectiveness of FRM (if
installed).
The flammability analysis must
include any model variations and
derivatives for which the TC holder has
obtained approval that affect fuel tank
flammability exposure. Model variations
that may affect fuel tank flammability
could include changes in the fuel tank
precise and persuasive rationale for employing the
Monte Carlo method. The theory identified a class
of problems for which the time to evaluate the exact
solution to a problem within the class grows at least
exponentially with M. The question to be resolved
was whether or not the Monte Carlo method could
estimate the solution to a problem in this
intractable class to within a specified statistical
accuracy in time bounded above by a polynomial
in M. Numerous examples now support this
contention. Karp (1985) shows this property for
estimating reliability in a planar multiterminal
network with randomly failing edges. Dyer (1989)
establish it for estimating the volume of a convex
body in M-dimensional Euclidean space. Broder
(1986) and Jerrum and Sinclair (1988) establish the
property for estimating the permanent of a matrix
or, equivalently, the number of perfect matchings in
a bipartite graph. Discussion derived from History
of the Monte Carlo Method, Sabri Pllana, https://
geocities.com/College Park/Quad/2435/.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
volume or usable fuel capacity, changes
in the fuel management procedures, and
engine changes that might affect
parameters such as airplane climb rate
or bleed air available if needed by an
FRM. Other examples of configuration
differences that may affect fuel tank
flammability exposure are provided in
the discussion of § 25.1817. The
flammability analysis would also
include all modifications and changes
mandated by ADs that affect fuel tank
flammability exposure as of the effective
date of the rule. These ADs would only
be those issued against any
configurations developed by TC holders.
The analysis would not address any
ADs issued against modifications
defined by a third party STC installed
on affected airplanes. The result would
be a configuration that is clearly
understood by both industry and the
FAA.
Mass loading and changes in fuel
vapor concentration caused by fuel
condensation and vaporization have
been excluded from the flammability
exposure analysis. The method used by
the ARAC to establish the flammability
exposure value as the benchmark for
fuel tank safety for wing fuel tanks did
not include the effects of cooling of the
wing tank surfaces and the associated
condensation of vapors from the tank
ullage. If this effect had been included
in the wing tank flammability exposure
calculation, it would have resulted in a
significantly lower wing tank
flammability exposure benchmark
value. The ARAC analysis also did not
consider the effects of the low fuel
condition (or ‘‘mass loading’’) which
would lower the calculated
flammability exposure value for fuel
tanks that are routinely emptied, such as
center wing tanks. When the amount of
fuel is reduced to very low quantities
within a fuel tank, there may be
insufficient fuel in the tank to allow
vaporization of fuel to the concentration
that would be predicted for any
particular temperature and pressure.
The effect of condensation and
vaporization in reducing the
flammability exposure of wing tanks is
comparable to the effect of the low fuel
condition in reducing the flammability
exposure of center tanks. Therefore, we
consider these effects to be offsetting, so
that by eliminating their consideration,
the analysis will produce results for
both types of tanks that are comparable.
Accordingly, both factors have been
excluded when establishing the
flammability exposure limits in this
proposal. During development of the
harmonized special conditions for the
Boeing 747, the FAA and the European
Joint Aviation Authorities (JAA)/EASA
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
70935
agreed that using the ARAC
methodology provides a suitable basis
for determining the flammability of a
fuel tank and consideration of these
effects should not be permitted.
Using these variables, the Monte Carlo
method would then be applied to a
statistically significant number of flights
(1,000,000), where each of the factors
described above is randomly selected.
The flights selected are representative of
the fleet using the defined distributions
of the variables. For example, flight one
may be a short flight on a cold day with
an average flash point fuel. Flight two
may be a long flight on an average day
with a low flash point fuel. This process
is repeated until 1,000,000 flights have
been defined in this manner.
For every one of the 1,000,000 flights,
the Monte Carlo program calculates the
amount of time the bulk average fuel
temperature and ambient pressure in the
fuel tank or compartment of interest
would result in the fuel vapor being
within the flammable range. This
calculation is then used, in combination
with the oxygen concentration in the
fuel tank (if an FRM is installed), to
establish whether the fuel tank is
flammable. Averaging the results for all
1,000,000 flights provides an average
flammability exposure for the fleet of
airplanes of a particular model type.
The determination of whether the fuel
tank ullage is flammable is based on the
temperature of the fuel in the tank or the
compartment of interest, determined by
the tank thermal model, the atmospheric
pressure in the fuel tank, and properties
of the fuel loaded for a given flight,
which is randomly selected from data
provided in tables in this appendix.
The Monte Carlo methodology has
previously been recommended by
ARAC and has been used in previous
analyses by the affected certificate
holders in evaluating the flammability
exposure of fuel tanks conducted as part
of evaluating the findings of SFAR 88.
Therefore we expect the affected type
certificate holders already have a good
understanding and can comply with this
requirement within the proposed
timeframe of 150 days.
b. Ignition Mitigation Means
The proposed rule maintains the
option introduced by Amendment 25–
102 for affected manufacturers to use
ignition mitigation as a means of
protecting the airplane from the hazards
associated with fuel tank flammability.
IMM is a passive system that requires
little attention once installed. IMM does
not prevent an ignition in the fuel tank;
rather, material absorbs the heat created
by the fire. While a small fire could
occur, an IMM system eliminates the
E:\FR\FM\23NOP2.SGM
23NOP2
70936
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
possibility of a catastrophic fuel tank
explosion.
We acknowledge that IMM presents
maintenance challenges. The mitigation
means (such as polyurethane foam,
metal foil products and explosion
suppression systems discussed within
AC 25.981–2) must be reinstalled
exactly as removed when the fuel tanks
are opened up for maintenance actions.
Replacement is particularly difficult
because all voids must be removed. It
also appears that the materials used for
mitigation (particularly the
polyurethane foams) may be prone to
compression, thus reducing the usable
life of the material.
Nevertheless, given the potential
effectiveness of IMM, the FAA believes
we should continue to allow installation
of IMM as a means of compliance with
the requirements proposed today. A
detailed discussion of acceptable means
of compliance for manufacturers
choosing to comply with the IMM
option is provided in AC–25.981–2.
c. Flammability Reduction Means
Alternatively, a TC or STC holder
could decide to use an FRM that limits
the exposure level of the tanks. For fuel
tanks that are normally emptied and
located within the fuselage contour, the
exposure would have to be limited to 3
percent under two sets of conditions,
overall fleet exposure and warm day
fleet exposure. Both of these conditions
would be evaluated using the Monte
Carlo method described below. For all
other fuel tanks, the 3 percent limit
would apply only to the overall fleet
exposure.
The proposed flammability exposure
requirements are intended to provide an
additional layer of protection to the
existing certification standards that
require designs to preclude fuel tank
ignition sources. This balanced risk
management approach of precluding
ignition sources and reducing
flammability exposure in certain fuel
tanks provides two independent layers
for preventing fuel tank explosions in
those tanks. The proposed requirements
could be met by a highly reliable
‘‘single-string’’ (non-redundant)
inerting-based FRM, allowing for
limited operation of airplanes with an
inoperative FRM until repairs could be
made. These requirements could also be
met by a cooling-based FRM.
Compliance with these requirements
has been shown to be practical using
existing technology.
i. Accounting for System Reliability and
Performance Issues
As discussed in the background
section of this document, previous
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
studies of inerting-based FRM showed
that, if inerting systems were required to
be operational for all flights, the system
would be required to have at least some
redundant design features and would
not be practical. That is, it would
require most components to be
duplicated to provide a back-up
function in the event the primary
component failed. A requirement for a
redundant FRM that would continue to
operate after component failure would
increase the weight and complexity of
an inerting system. This may result in
a system that would not be practical for
commercial airplanes at this time. The
overall fleet flammability exposure
analysis would assume some periods of
inoperability. However, we would
require that the contribution to average
flammability exposure due to either
reliability (during periods when the
system is inoperative) or system
performance (during periods when the
system does not have the capacity to
maintain a non flammable tank), be
limited to 1.8 percent. This gives the
designer freedom to engineer the
system, and allows for some operation
of airplanes with an inoperative FRM
until repairs can be made at an
appropriate maintenance facility.
ii. Warm Day Fleet Flammability
Exposure
The warm day exposure analysis is
intended to ensure minimum FRM
system performance levels when there is
the greatest risk to safe flight. Therefore,
the 3 percent flammability exposure
limit excludes system reliability related
contributions that are included in the
overall fleet flammability exposure
assessment. Compliance with this
proposal would require conducting an
analysis in accordance with Appendix L
for each of the specific phases of flight
during warmer day conditions defined
in the proposal. The flammability
exposure of the tank in question would
be determined for the ground, takeoff
and climb phases as separate values,
without including the times when the
FRM is not available because of failures
of the system or dispatch with the FRM
inoperative. The fleet flammability
exposure level of each fuel tank for
ground, takeoff, and climb phases of
flight during warm days must not
exceed 3 percent of the flammability
exposure evaluation time in each of the
three phases.
iii. Reliability Reporting
Today’s proposal, if adopted, would
require that the applicant demonstrate
effective means to ensure collection of
FRM reliability data so that the effects
of component failures can be assessed
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
on an on-going basis. The proposed
reporting requirement applies to
applicants and holders of the affected
TCs, STCs, and field approvals.
The rule would require the TC or STC
holder to provide the FAA with
summaries of the FRM reliability data
and compliance with Appendix K on a
quarterly basis for the first five years
after the FRM is installed and
operational. After that time, continued
quarterly reporting requirements may be
replaced with other reliability tracking
methods approved by the FAA oversight
office. The requirement for quarterly
reports may be eliminated if the FAA
determines that the reliability of the
FRM meets, and will continue to meet,
the requirements of the rule.
Operators would not be required to
report FRM reliability information. We
intend TC holders to gather the needed
data from operators using existing
reporting systems that are currently
used for airplane maintenance,
reliability and warranty claims. We
anticipate the operators would provide
this information through existing
business arrangements between the TC
holders and the airlines.
iv. Reliability Indication and
Maintenance Access
The proposed rule would require that
indicators be provided to identify
failures of the FRM, so that appropriate
actions can be taken to maintain the
reliability of the FRM. The need to
provide indication of the FRM status
will depend on the particular FRM
design. Various design methods may be
used to make sure an FRM meets the
reliability and performance
requirements. These may include a
combination of system integrity
monitoring and indication, redundancy
of components, and maintenance
actions. A combination of maintenance
indication or maintenance check
procedures could be used to limit
exposure to latent failures within the
system, or high inherent reliability may
be used to make sure the system will
meet the fuel tank flammability
exposure requirements.
The need for FRM indications and the
frequency of checking system
performance (maintenance intervals)
must be determined as part of the FRM
fuel tank flammability exposure
analysis. The determination of a proper
maintenance interval and procedure
will follow completion of the
certification testing and demonstration
of the system’s reliability and
performance prior to certification or as
part of the FAA review process for
airplanes manufactured under existing
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
TCs or auxiliary fuel tanks under
existing STCs.
The rule would also require that
sufficient accessibility to FRM status
indications be provided for maintenance
personnel. We intend that maintenance
personnel or the flightcrew have access
to any indications that must be accessed
at intervals established by the FRM
design approval holder when
demonstrating compliance with the
reliability requirements for the FRM.
Access doors and panels to the fuel
tanks with FRMs and to any other
enclosed areas that could contain
hazardous atmosphere under either
normal conditions or failure conditions
would need to be permanently
stenciled, marked, or placarded to warn
maintenance personnel of the possible
presence of a potentially hazardous
atmosphere. The proposal for markings
does not alter the existing requirements
that must be addressed when entering
airplane fuel tanks.
d. Service Instructions and Service
Bulletins
If the flammability exposure analysis
shows that the average exposure level
for any fuel tank exceeds 7 percent, the
TC holder would be required to develop
design changes and service instructions
for either FRM or IMM.
Modifications incorporated into
existing airplanes, including safety
related changes (design and/or
maintenance) that are mandated by AD,
are typically made by operators using
service instructions developed by the
TC holders, commonly referred to as
service bulletins. In this proposal,
service instructions must contain
sufficient information for the operator to
incorporate the design change and any
associated procedures and airworthiness
limitations. They may include specific
step-by-step procedures and information
needed by the operator, such as parts
lists and drawings. Therefore, the
proposed rule would require TC holders
to develop and submit for approval by
the FAA, not just data defining a
proposed design change, but all of the
information necessary to enable an
operator to comply with the proposed
operational rules, discussed later.
e. Critical Design Configuration Control
Limitations (CDCCL)
If adopted, the rule would require
defining airworthiness limitations,
including Critical Design Configuration
Control Limitations (CDCCL),
inspections, and other procedures for
fuel tanks to prevent exceeding the
applicable flammability exposure limits.
For this proposal, CDCCL include those
features of the design that must be
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
present or maintained for compliance
with the requirements of § 25.981(b) and
(c) for the operational life of the
airplane. For example, certain fuel tanks
may rely on natural cooling to meet the
flammability exposure levels within this
proposal. Changes to the airplane, such
as installing a fuel re-circulation system,
hydraulic heat exchanger in the fuel
tank, or a heat source adjacent to the
fuel tank, may affect fuel tank
flammability. The CDCCL would be
necessary in this example to prohibit
the addition of heat to the fuel tank.
Another example of CDCCL might
include limits on operation with certain
fuel types such as JP–4. We expect all
fuel tanks, even those in airplanes that
do not have high flammability fuel
tanks, would need to have CDCCL
defined so that future modifications do
not increase the flammability above the
mandatory limit. The proposal applies
the same requirements already applied
to fuel tank ignition source prevention
in § 25.981(b) to the FRM or IMM.
The proposal also includes the
requirement that visible means
identifying CDCCL are present. Our
intent here is to prevent alterations to
critical features of the system. As the
visible identifications are critical to the
FRM or IMM system, they are also
considered to be CDCCL. Any tampering
or removal would be in violation of the
CDCCL. These CDCCL, inspections, or
other procedures would be documented
as airworthiness limitations in the ICA.
Under the proposal, all fuel tanks,
regardless of flammability exposure,
must be subject to airworthiness
limitations consisting of CDCCL,
inspections, or other procedures. The
purpose of these limitations is to
prevent increasing the flammability
exposure of the tanks above that
permitted under this section and to
prevent degradation of the performance
of any means installed in accordance
with this section. For example, certain
fuel tanks may rely on natural cooling
or use of certain fuel types to meet the
flammability levels within this
proposal. Therefore, CDCCL may be
required that define the critical features,
such as—
• Flammability exposure of the
unheated aluminum wing tank,
• Cooling rate,
• Limits on heat input,
• Limits on use of high volatility fuels
such as JP–4,
• Quantity of engine bleed air flow
that is used for inerting,
• Limits on penetrations of the fuel
tank,
• Limits on any changes to fuel
management that may affect FRM,
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
70937
• Limits on changes to any placards
or means used to visibly identify critical
design features of the fuel tank system
that must not be compromised for the
operational life of the airplane.
As discussed above, airworthiness
limitations, such as those proposed
today, are part of the ICA. TC holders
would need to make available to
affected parties pertinent changes to the
ICAs. (The term ‘‘make available’’ is
used in the same sense that it is used
in § 21.50.) We do not intend by this
proposal to alter or interfere with the
existing commercial relationships
between TC holders and these other
persons. We anticipate that TC holders
would be able to be reasonably
compensated for developing these
documents, as they are under current
practice.
The proposed rule would require
creation of an Airworthiness Limitations
Section (ALS), unless previously
established. The ALS is required by
current part 25 and includes those items
that have mandatory inspection or
replacement times related to fuel
systems and structure. The ALS is
included in the ICA, approved as part of
certification, and distributed with an
airplane on delivery. In this way the
ALS is visible to all who need it and
who would be required to comply with
it under §§ 91.1509, 121.917, 125.509
and 129.117 of this proposal. The
current part 25 ALS and ICA
requirements apply only to airplane
types for which the TC application was
made after Amendment 25–54 (adopted
in 1981) and were developed for
structural considerations. As a result,
they are not applicable to many current
airplanes and do not currently contain
information for other systems.
For those TC holders of airplanes that
currently do not have an ALS, the intent
of this proposal is to require an ALS
only for fuel tank safety related limits.
This proposal would not require that the
ALS for these airplanes include the
other requirements for an ALS
established under Amendment 25–54 to
part 25, or a later amendment. For those
TC holders or applicants with airplanes
certified to Amendment 25–54 or later,
the existing ALS would be revised to
include the fuel tank system
airworthiness limitation items (ALI).
f. Compliance Planning
Historically, the FAA has worked
together with the TC holders when
safety issues arise, in order to identify
solutions and actions that need to be
taken. Some of the safety issues that
have been addressed by this process
include those involving aging aircraft
structure, thrust reversers, cargo doors,
E:\FR\FM\23NOP2.SGM
23NOP2
70938
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
and wing icing protection. While some
manufacturers have promptly addressed
these safety issues and developed
service instructions, others have not
applied the resources necessary to
develop service instructions in a timely
manner. This has caused delay in the
adoption of corrective action(s). A more
uniform and expeditious response is
necessary to address fuel tank safety
issues. Because this proposal sets a
precedent in introducing part 25
requirements for holders of existing
TCs, changes to existing TCs, and
manufacturers, it is the FAA’s
expectation that they will work closely
with the FAA oversight office in putting
together a compliance plan for
developing the required FRM or IMM.
In order to provide TC holders and
the FAA with assurance that the TC
holders understand what means of
compliance is acceptable and have
taken necessary actions (including
assigning sufficient resources) to
achieve compliance with the proposed
rule, we are proposing a compliance
planning requirement. This requirement
is based substantially on ‘‘The FAA and
Industry Guide to Product
Certification,’’ which describes a
process for developing project-specific
certification plans for type certification
programs. This Guide may be found in
the docket. This planning requirement
would not apply to future applicants for
TCs. Since this type of planning
routinely occurs at the beginning of the
certification process, no additional
compliance planning is required for
future applicants.
The Guide recognizes the importance
of ongoing communication and
cooperation between applicants and the
FAA. The proposed planning schedule,
while regulatory in nature, is intended
to encourage establishment of the same
type of relationship in the process of
complying with this rule, if adopted.
One of the items required in the plan
is, ‘‘If the proposed means of
compliance differs from that described
in FAA advisory material, a detailed
explanation of how the proposed means
will comply with this section.’’ FAA
advisory material is never mandatory,
because it describes one means, but not
the only means of compliance. In the
area of type certification, applicants
frequently propose acceptable
alternatives to the means described in
advisory circulars. But when an
applicant chooses to comply by an
alternative means, it is important to
identify this as early as possible in the
certification process to provide an
opportunity to resolve any issues that
may arise that could lead to delays in
the certification schedule.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
The same is true for the fuel tank
flammability reduction requirement. As
discussed earlier, timely compliance
with this section is necessary to enable
operators to comply with the
operational requirements of this
proposal. Therefore, this item in the
plan would enable the FAA oversight
office to identify and resolve any issues
that may arise with the compliance plan
without jeopardizing the TC holders
ability to comply with this section by
the compliance time.
i. Compliance Plan for Flammability
Exposure Analysis
The proposed rule would require
submission of a compliance plan within
60 days of the effective date of the final
rule for the flammability exposure
analysis required by the proposed rule.
The intent of the proposal is to promote
early planning and communication
between the certificate holders and the
FAA. The exposure analysis would need
to be completed within 150 days of the
rule’s effective date. Thus, the 60 day
planning submission should provide
sufficient time for the FAA to discuss
any concerns that it may have over how
the affected party intends to analyze
fleet average flammability exposure.
ii. Compliance Plan for Design Changes
and Service Instructions
Under today’s proposal, each holder
of an existing TC would need to submit
to the FAA oversight office a
compliance plan for developing design
changes and service instructions within
210 days of the rule’s effective date.
TC holders and applicants would
have to correct a deficient plan, or
deficiencies in implementing those
plans, in a manner identified by the
FAA oversight office. Deficiencies in the
compliance plan would need to be
corrected within 30 days of notification
by the FAA. This approach differs from
the original type approval process.
Applicants for type certificates face
commercial pressures, not regulatory
deadlines, so the FAA can permit them
to resolve identified deficiencies on
their own schedule. Such leeway is not
appropriate here because operators who
are subject to regulatory deadlines are
dependent on TC holders’ timely
compliance with these requirements.
However, before the FAA formally
notifies a TC holder or applicant of
deficiencies, we will contact it to try to
understand the deficiencies and develop
a means of correcting them. Therefore,
the notification referred to in this
paragraph should document the agreed
corrections.
The ability of an operator to comply
with the proposed operating rules will
PO 00000
Frm 00018
Fmt 4701
Sfmt 4702
be dependent on TC holders complying
with the requirement to develop design
changes and service instructions. The
FAA intends to carefully monitor
compliance and take appropriate action
if necessary. Failure to comply by the
dates specified in the final rule would
constitute a violation of the
requirements and could subject the
violator to certificate action to amend,
suspend, or revoke the affected
certificate (49 U.S.C. 44709). It could
also subject the violator to a civil
penalty of not more than $25,000 per
day per certificate until § 25.1815 is
complied with (49 U.S.C. 46301).
iii. Compliance Plan for Auxiliary Fuel
Tanks
The proposed rule would also
establish a timeframe in which affected
STC holders, applicants for an amended
TC, and operators using fuel tanks
pursuant to a field approval must
submit for approval (to the FAA
oversight office) a flammability
exposure analysis for their design
changes. The proposal includes a 12month timeframe to complete the
analysis. Any applicant whose STC or
TC amendment is not approved within
the 12-month compliance period would
have to complete the analysis before
approval.
The proposed rule would also require
submission for approval of an impact
assessment of the fuel tank system, as
modified by the STC holder’s design
change. The purpose of this proposal is
to identify any features of the
modification to the original type design
that may violate the critical design
configuration control limitations
developed by the original TC holder.
For example, if an FRM that utilized
inerting is incorporated into an airplane,
a CDCCL would likely be developed that
would limit venting of air into the fuel
tank, because it could introduce oxygen
into the tank, resulting in a flammable
vapor space. In this case the STC holder
would need to assess its design and
identify any violation of the CDCCL
identified for the FRM. Results from the
analysis would be provided to the FAA
in the form of a report or summary
letter.
Supplemental type certificate holders
would have to submit the impact
assessment within six months after we
approve the TC holder’s CDCCL.
Applicants whose design changes are
not approved within that six-month
period would have to submit the
assessment before approval of the
change. Once the CDCCL is approved,
the TC holder would be required to
make them available to other affected
persons, including those subject to this
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
section. We consider the six-month
period more than enough to perform the
required assessment. The resulting
service instructions would be required
to show compliance with the applicable
flammability requirements and to
address any adverse effects of the design
change on any IMM or FRM developed
by the TC holder.
g. Compliance Schedule
Table 2 contains compliance dates for
the required submissions. This table
provides specific dates for each Boeing
and Airbus model airplane that has fuel
tanks whose average flammability
exposure exceeds 7 percent. A
compliance time of 24 months from the
effective date of the final rule is
proposed for all other models subject to
this proposal (if the flammability
exposure analysis shows an average
exposure level exceeding 7 percent). We
established the compliance dates
proposed in this table after
consideration of the time needed by the
TC holders to develop the means to
address fuel tank flammability
exposure. We anticipate development of
an FRM or IMM would take the affected
TC holder about 2 years. The dates in
the proposal were based on the
assumption that it would be adopted
well before the end of 2005. However,
the rulemaking process took longer than
originally anticipated. Consequently,
given the specific compliance dates I the
proposed rulemaking and the likelihood
that finalization of the rules will be later
than expected, there may not be as
much time allowed for compliance as
originally planned. We recognize that
compliance intervals may need to be
adjusted and will consider your
comments on this condition.
On February 17, 2004, the FAA
Administrator announced that the
agency is developing a proposal for new
rules that would require reducing the
flammability exposure of new
production transport category airplanes
and existing transport category airplanes
with high-flammability fuel tanks. Since
then, Boeing has announced plans to
incorporate FRM in newly produced
airplanes and to make service
instructions available for the airplane
models listed in this notice. Boeing has
also submitted applications for type
certification of flammability reduction
systems. On February 15, 2005, we
published a Special Conditions No. 25–
285–SC for flammability reduction
means on the Boeing Model 747 (70 FR
780068563). Airbus flew an A320 16 in
16 Flight-Testing of the FAA Onboard Inert Gas
Generation System on an Airbus A320, DOT/FAA/
AR–03/58, dated June 2004.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
August 2003 with the prototype FAA
inerting system, but has not committed
to production incorporation or
development of service instructions for
any flammability reduction means on its
airplane models.
While Airbus and Boeing may have
less than 2 years from the effective date
of the final rule to develop an FRM or
IMM for some of their models, we know
that both companies have been
considering these improvements well in
advance of this rulemaking. The
proposed compliance dates are thus
staggered to allow the engineering
resources of the TC holders to develop
design means for all of their models.
The proposed dates are established
based on both our assessment of when
it is feasible for TC holders to comply
and the risks associated with particular
airplane models, due to the
flammability of the fuel tanks and
numbers of airplanes in the fleet. For
example, the Boeing Model 747 is first,
followed by the Boeing Model 737. The
first Airbus model affected is the A320.
The proposed dates will support the
retrofit of airplanes at the earliest
reasonable time to achieve the safety
benefits intended by this rulemaking.
The compliance times proposed for
airplane and fuel tank manufacturers are
also used as the basis for the proposed
compliance dates for introduction of
these systems into the operators’ fleets
under parts 91, 121, 125, and 129.
Extension of the compliance dates for
development of the service instructions
by the certificate holders would either
reduce the amount of time available to
operators or delay full deployment of
these safety improvements. As
discussed later in this proposal for the
operational requirements, incorporation
of FRM or IMM will likely require
access inside the fuel tanks.
TABLE 2
Service instruction
submittal date
Model
Boeing
747 Series ...............
737 Series ...............
777 Series ...............
767 Series ...............
757 Series ...............
707/720 Series ........
Airbus
A319, A320, A321
Series.
A300, A321 Series ..
A330, A340 Series ..
All other affected
models.
PO 00000
Frm 00019
Fmt 4701
December 31, 2005.
March 31, 2006.
March 31, 2006.
September 30, 2006.
March 31, 2007.
December 31, 2007.
December 31, 2006.
June 30, 2007.
December 31, 2007.
Within 24 months of
effective date of this
amendment.
Sfmt 4702
70939
E. Proposed Requirements for Airplane
Operators
The proposed operating rules would
prohibit the operation of certain
transport category airplanes operated
under parts 91, 121, 125, and 129
beyond specified compliance dates,
unless the operator of those airplanes
has incorporated approved IMM, FRM
or FIMM modifications and associated
airworthiness limitations for the
affected fuel tanks. The proposed rules
would not apply to airplanes used only
in all-cargo operations.
This rulemaking also includes a
proposal to create new subparts that
pertain to the support of continued
airworthiness and safety improvements
in the following parts of Title 14 Code
of Federal Regulations:
• Part 91, General Operating and
Flight Rules;
• Part 121, Operating Requirements:
Domestic Flag and Supplemental
Operation;
• Part 125, Certification and
Operation: Airplanes Having a Seating
Capacity of 20 or More Passengers or a
Maximum Payload Capacity of 6,000
Pounds or More; and Rules Governing
Persons On Board Such Aircraft; and
• Part 129, Operations: Foreign Air
Carriers and Foreign Operators of U.S.registered Aircraft Engaged in Common
Carriage.
As discussed earlier, this proposal
does not include part 135, since the
number of airplanes in part 135
operation that would be affected by
these proposals is relatively small. In
the event changes to part 135 result in
a greater number of affected airplanes
operating under that part, the FAA will
reassess the need to apply these
proposed requirements to that part.
The FAA believes that inclusion of
certain rules under the new subparts
will enhance the reader’s ability to
readily identify rules pertinent to
continued airworthiness. Unless stated
otherwise, our purpose in moving
requirements to the new subparts is to
ensure easy visibility of those
requirements applicable to the
continued airworthiness of the airplane.
We do not intend to change their legal
effect in any other way. The new
subparts are substantially the same and
accordingly are not discussed separately
here. Table 3 illustrates what proposed
and existing requirements will be
included in the new subparts. Each new
subpart is titled ‘‘Continued
Airworthiness and Safety
Improvements.’’ The proposed new
subparts consist of relocated, revised,
and new regulations pertaining to
continued airworthiness of the airplane.
E:\FR\FM\23NOP2.SGM
23NOP2
70940
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
TABLE 3.—NEW SUBPARTS FOR PARTS 91, 121, 125, AND 129
Part 91 new/relocated rules within
proposed subpart K
Part 121 new/relocated rules
within proposed subpart Y
Part 125 new/relocated rules
within proposed subpart M
Part 129 new/relocated rules
within proposed subpart B
§ 91.1501, Applicability (new) ........
§ 91.1503, Reserved ......................
§ 91.1505, fuel tank system maintenance program.
§ 121.901, Applicability .................
§ 121.903, Reserved .....................
§ 121.905, Electrical wiring interconnection systems (EWIS)
maintenance program.
§ 121.907, Fuel tank system
maintenance program.
§ 125.501, Applicability .................
§ 125.503, Reserved .....................
§ 125.505, Fuel tank system inspection program.
§ 129.101, Applicability.
§ 129.103, Reserved.
§ 129.105, Electrical wiring interconnection systems (EWIS)
maintenance program.
§ 129.107, Fuel tank system
maintenance program.
§ 91.1507, Repairs assessment for
pressurized fuselages (formerly
§ 91.401(a)).
§ 91.1509, Reserved ......................
§ 91.1511, Reserved ......................
§ 91.1513, Reserved ......................
§ 121.909, Reserved .....................
§ 121.911, Reserved .....................
§ 121.913, Aging airplane inspections and records reviews (formerly § 121.368).
§ 121.915, Repairs assessment
for pressurized fuselages (formerly § 121.370(a)).
§ 121.917, Supplemental inspections (formerly § 121.370(a).
1. Requirement to Install and Operate
FRM, IMM or FIMM
The proposed rules would prohibit
certificate holders from operating any
affected airplane after dates specified,
unless IMM, FRM or FIMM, as
applicable, are installed and operational
for any fuel tank for which they are
required. The safety objective of these
proposed rules is to have the required
modifications installed and operational
at the earliest opportunity.
The proposed rule would require that
operators of the affected airplanes
incorporate applicable maintenance
program changes before returning an
airplane to service after accomplishing
any required modifications.
For some of the affected airplanes,
manufacturer compliance with the
proposed requirements may not result
in any design changes, but would result
in development of airworthiness
limitations in the form of maintenance
actions, operational procedures, or
CDCCL, as previously discussed. In
these cases the affected operators would
be required to incorporate these
limitations within one year after their
approval by the FAA oversight office.
The FAA will inform the affected
operators and principal inspectors of the
availability of the approved information.
Once an operator revises its
maintenance or inspection program, it is
important to make sure that later
alterations to the airplane do not
degrade the level of safety provided by
these revisions. The proposed rules
would require future applicants for
VerDate Aug<31>2005
19:03 Nov 22, 2005
Jkt 208001
§ 125.507, Repairs assessment
for pressurized fuselages (formerly § 125.248(a)).
§ 125.509, Reserved .....................
§ 125.511, Reserved .....................
.......................................................
.......................................................
.......................................................
approval of design changes to develop
new airworthiness limitations for new
auxiliary fuel tanks and other design
changes affecting fuel tank flammability.
To ensure that these airworthiness
limitations are implemented, operators
who incorporate these design changes
into their airplanes would be required to
revise their maintenance and inspection
programs to incorporate the
corresponding airworthiness
limitations.
Today’s proposal would require
operators to submit the proposed
maintenance and inspection program
changes to their FAA Principal
Inspector for review and approval.17
This review would include the
integration of the applicable
airworthiness limitations for the TC and
any STC and field approved auxiliary
fuel tank to ensure their consistency and
compatibility in the maintenance or
inspection program. Guidance will be
provided to operators and principal
inspectors regarding how to address any
deviations that may be proposed by the
affected operators from the information
approved by the FAA oversight office.
As airworthiness limitations, these
cannot be changed without FAA
approval, nor are they subject to
maintenance review board or other
maintenance program development
processes.
17 A part 91 operator would send the relevant
information to either their principal inspector or
Flight Standards District Office, as applicable.
PO 00000
Frm 00020
Fmt 4701
Sfmt 4702
§ 129.109, Reserved.
§ 129.111, Reserved.
§ 129.113, Supplemental inspections for U.S.-registered aircraft
(formerly § 129.16).
§ 129.115, Repairs assessment
for pressurized fuselages (formerly § 129.32(a)).
§ 129.117, Aging airplane inspections and records reviews for
U.S.-registered aircraft (formerly
§ 129.33).
2. Authority To Operate With an
Inoperative FRM, IMM or FIMM
Generally, the FAA does not require
operators to use or maintain equipment
installed on airplanes prior to a uniform
compliance date. In this proposal, we
take a different approach. The safety
advantages associated with a fuel tank
system equipped with an FRM or IMM
design, as modified by any FIMM, are so
compelling that we propose requiring
that operators use these systems as soon
as they are available. We have
accommodated the difficulties faced by
operators in making the required design
changes by providing a phased-in
compliance schedule that extends up to
seven years after the manufacturer’s
compliance date for each model.
Accordingly, an operator may not
operate any airplane with fuel tanks
equipped with FRM, IMM or FIMM,
unless those systems are fully
operational. The sole exception is when
the systems are inoperative and the
conditions and limitations specified in
the operator’s Minimum Equipment List
(MEL) are met.
The method used to allow operation
of an airplane when an FRM is
inoperative would be to include the
FRM dispatch relief in the FAAapproved MEL. The MEL contains a list
of equipment that may be inoperative
for a defined period of time. Under
§ 91.213 and similar regulations, the
airplane may be dispatched with
inoperative equipment in accordance
with the Master Minimum Equipment
List (MMEL).
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
The FAA Flight Operations
Evaluation Board (FOEB) would
establish the MMEL dispatch relief
interval for an FRM based on data
submitted by the applicant to the FAA.
The expected MMEL dispatch relief
interval is one of the contributing
factors affecting the overall system
reliability analyses that must be
established early in the design of the
FRM. The proposed requirements of
Appendix K allow the designer to
choose to design a highly reliable FRM
and then request longer MMEL dispatch
relief intervals when submitting their
data to the FOEB.
This proposal does not recommend
the adoption of a specific MMEL
dispatch inoperative interval at this
time. However, the comments received
from the NTSB on to the proposed
special conditions for the Boeing 747
indicate that the FRM should be treated
like other non-redundant safety
equipment, such as the flight data
recorder. The recorders are allowed a 3day MMEL inoperative interval. We
specifically request public comment on
the proposal to allow the current FOEB
process to establish the MMEL interval
rather than requiring a specific
maximum interval.
3. Compliance Schedule
To achieve the safety benefits of this
initiative, we believe it is necessary to
have a mandatory schedule for phasing
in the design changes rather than to rely
solely on market forces to drive the
production and availability of parts and
normal maintenance scheduling for the
installation of the FRM, IMM, or FIMM.
Accordingly, this rule, if adopted,
would require at least 50 percent of the
affected airplanes be outfitted within
four years after the relevant TC holder
is required to comply with the proposed
requirements. The remainder of the
operator’s fleet would have to comply
with the final rule within seven years
after the specified date. The affected
fleet would include those airplanes that
have field or STC approved auxiliary
fuel tanks. Certificate holders that
operate only one airplane of an affected
model would have to modify that
airplane within the seven-year
compliance period.
The proposed compliance schedule of
7 years after TC holders to develop
service instructions, while long, should
allow for the approval of the service
instructions for IMM, FRM, or FIMM,
manufacture of modification parts for a
large fleet of airplanes, and
accomplishment of the modifications
with minimum disruption of normal
maintenance schedules. Typically, fuel
tanks are only accessed during heavy
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
maintenance checks that are done on a
schedule that is established during
development of the maintenance
program. The compliance dates
proposed for the operational rules were
developed to allow for the majority of
the modifications to be done during
these heavy maintenance checks.
Introduction of FRM, IMM or FIMM
outside of normally scheduled
maintenance would increase the cost to
the operators, because extra tank entry
and airplane down time would be
needed.
Some airplane types or specific
airplanes within an operator’s fleet may
not be scheduled for normally
scheduled maintenance, where the fuel
tanks would be opened, during the 7year compliance time after service
instructions become available. These
airplanes would require incorporation
of modifications outside of the normally
scheduled maintenance. We have
determined the number of airplanes that
would be affected is small and that
further lengthening the compliance
period would not achieve the safety
benefits of this proposal in a timely
way. Also, we anticipate that some of
the upcoming ADs to address ignition
source issues will occur in this time
period and in some cases will require
fuel tank entry. Compliance with the AD
may provide additional opportunities
for incorporating approved FRM, IMM
or FIMM if not occurring during normal
scheduled maintenance. These issues
are further discussed in the regulatory
evaluation.
F. Additional Provisions
1. Relationship of This Proposal to
Aging Airplane Regulatory Initiatives
As part of our broader review of
several important initiatives comprising
the Aging Airplane Program, we have
revised certain compliance dates in
existing rules and pending proposals so
that operators can make required
modifications during scheduled
maintenance. Changing compliance
dates affects our ability to expedite
some aspects of this program but
reduces the costs of the rules and
proposals in place to deal with aging
airplanes. Notice of these changes and a
description of our Aging Airplane
Program review appeared in the Federal
Register on July 30, 2004 (69 FR 45936).
In addition to this Fuel Tank
Flammability Reduction proposal, the
actions affected by these revisions
include:
• Aging Aircraft Program
(Widespread Fatigue Damage (proposal),
• Aging Airplane Safety (interim final
rule), and
PO 00000
Frm 00021
Fmt 4701
Sfmt 4702
70941
• Enhanced Airworthiness Program
for Airplane Systems/Fuel Tank Safety
(proposal).
Today’s proposal, if adopted, would
also affect compliance with SFAR 88
and potentially make it less costly. The
safety reviews following the TWA 800
accident led us to require that the fuel
quantity indication system wiring
entering high flammability tanks
incorporate either adequate separation
or energy limiting devices, known as
transient suppression devices, on the
Boeing 737 and 747 to protect the tank
from ignition sources. As part of the
safety reviews of SFAR 88, we have
identified other models that likewise
would need a transient suppression
device. We have determined that if FRM
are incorporated in high flammability
fuel tanks, ADs requiring installation of
devices to protect the fuel quantity
system wiring will no longer be needed.
We have not yet estimated the potential
savings and have not included these
savings in the current regulatory
evaluation. We specifically request
comments regarding the savings that
would be achieved if electrical energy
limiting devices were not required on
wiring entering high flammability fuel
tanks affected by this proposal.
2. FAA Advisory Material
We are developing extensive guidance
material to supplement the proposed
rule, including a revised AC 25.981–2 to
include guidelines on conducting a fuel
tank flammability exposure assessment
using the Monte Carlo methodology and
developing IMM and FRM. It will also
include guidance on development of the
airworthiness limitations section,
confined space hazards and markings,
documentation required by the FAA,
and reporting methods. We have
incorporated some comments on these
topics from a group of specialists at the
Aerospace Industries Association,
which included airplane manufacturers,
airline operators and manufacturers of
inert gas generating equipment.18 The
group provided advice on fuel tank
inerting and use of the Monte Carlo
methodology. We will invite public
comments on the proposed ACs (which
references the Monte Carlo User’s
Manual) by separate notice published in
the issue of the Federal Register.
3. FAA Oversight Office
We are also requiring affected persons
to submit various compliance materials
to the FAA Oversight Office, defined in
proposed § 25.1803(c). The FAA
Oversight Office is the aircraft
18 A copy of the AIA report is included in the
docket for this rulemaking.
E:\FR\FM\23NOP2.SGM
23NOP2
70942
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
certification office or office within the
Transport Airplane Directorate having
oversight responsibility for the relevant
TC or STC, as delegated by the
Administrator. For example, with
respect to fuel-tank flammability issues,
TC and STC holders must obtain
approvals from the responsible office in
the FAA’s Aircraft Certification Service.
In other contexts, we have described the
FAA office performing these functions
as the ‘‘cognizant FAA office.’’
Table 4 lists the FAA offices that
currently oversee issuance of TCs and
amended TCs for manufacturers of large
transport category airplanes.
TABLE 4.—FAA OFFICES THAT OVERSEE TYPE CERTIFICATES
Airplane manufacturer
FAA Oversight Office
Aerospatiale ..............................................................................................
Airbus ........................................................................................................
BAE ...........................................................................................................
Boeing .......................................................................................................
Bombardier ...............................................................................................
Embraer ....................................................................................................
Fokker .......................................................................................................
Gulfstream ................................................................................................
Lockheed ..................................................................................................
Boeing/McDonnell-Douglas Corp .............................................................
4. Workplace Safety Issues
Because we would require that
maintenance personnel be given access
to FRM installations, the proposal could
increase occupational safety risks for
these personnel. A large percentage of
the work involved in properly
inspecting and modifying airplane fuel
tanks and their associated systems must
be done in the interior of the tanks.
Performing the necessary tasks requires
inspection and maintenance personnel
to physically enter the tank, where
environmental hazards exist. These
hazards exist in any fuel tank
(regardless of whether a nitrogen
inerting system is installed) and include
fire and explosion, toxic and irritating
chemicals, oxygen deficiency, and the
confinement to the fuel tank itself. To
prevent related injuries, operator and
repair station maintenance
organizations have developed specific
procedures for identifying, controlling,
or eliminating the hazards of fuel-tank
entry. In addition, government agencies
have adopted safety requirements for
use when entering fuel tanks and other
confined spaces. These same procedures
would be applied to the reduced oxygen
environment likely to be present in an
inerted fuel tank.
Introduction of nitrogen enriched air
within the fuel tanks and the possibility
of nitrogen enriched air in
compartments adjacent to the fuel tanks
if leakage occurs creates additional risk.
Lack of oxygen in these areas could be
hazardous to maintenance personnel,
the passengers, or flight crew. Existing
certification requirements address these
hazards. This proposal requires
markings to emphasize the potential
hazards associated with confined spaces
and areas where a hazardous
atmosphere could be present as a result
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
Transport Airplane Directorate, International
Transport Airplane Directorate, International
Transport Airplane Directorate, International
Seattle Aircraft Certification Office.
New York Aircraft Certification Office.
Transport Airplane Directorate, International
Transport Airplane Directorate, International
Atlanta Aircraft Certification Office.
Atlanta Aircraft Certification Office.
Los Angeles Aircraft Certification Office.
specifically of the addition of FRM. We
would require that the access doors and
panels to the fuel tanks with FRMs and
to any other enclosed areas that could
contain hazardous atmosphere under
either normal conditions or failure
conditions be permanently stenciled,
marked, or placarded to warn of
hazards.
Fuel tanks are confined spaces 19 and
contain high concentrations of fuel
vapors that must be exhausted from the
fuel tank before entry. Other precautions
such as measurement of oxygen
concentrations before entering a fuel
tank are already required. Addition of
the FRM that utilizes inerting may result
in reduced oxygen concentrations due
to leakage of the system in locations in
the airplane where service personnel
would not expect it. These gases may be
under pressure because of the FRM
design, and any hazards associated with
working in adjacent spaces near the
opening should be identified in the
marking of the opening to the confined
space.
Designs currently under consideration
locate the FRM in the fairing below the
center wing fuel tank. Access to these
areas is obtained by opening doors or
removing panels, which could allow
some ventilation of the spaces adjacent
to the FRM. But this may not be enough
19 Our worker safety requirements apply to
confined spaces, which are partly or fully enclosed
areas big enough for a worker to enter and perform
assigned work and with limited or restricted means
of entry or exit. Such areas are not designed for
someone to work in regularly but for tasks such as
inspection, cleaning, maintenance, and repair.
(Reference U.S. Department of Labor Occupational
Safety & Health Administration (OSHA), 29 CFR
§ 1910.146(b).) This proposal would not
significantly change the procedures used by
maintenance personnel to enter fuel tanks and is
not intended to conflict with existing government
agency requirements (e.g., OSHA).
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
Branch.
Branch.
Branch.
Branch.
Branch.
to avoid creating a hazard. Therefore,
unless the design eliminates this hazard,
we intend that marking be provided to
warn service personnel of possible
hazards associated with the reduced
oxygen concentrations in the areas
adjacent to the FRM. Appropriate
markings would be required for all
inerted fuel tanks, tanks adjacent to
inerted fuel tanks and all fuel tanks
communicating with the inerted tanks
via plumbing. The plumbing includes,
but is not limited to, plumbing for the
vent system, fuel feed system, refuel
system, transfer system and cross-feed
system. The markings should also be
stenciled on the external upper and
lower surfaces of the inerted tank
adjacent to any openings, to ensure
maintenance personnel understand the
possible contents of the fuel tank.
Advisory Circular 25.981–2 will
provide additional guidance regarding
markings and placards.
IV. Rulemaking Analyses and Notices
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106, describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart III, Section 44701, ‘‘General
requirements.’’ Under that section, the
FAA is charged with promoting safe
flight of civil aircraft in air commerce by
prescribing.
• Minimum standards required in the
interest of safety for the design and
performance of aircraft;
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
• Regulations and minimum
standards in the interest of safety for
inspecting, servicing, and overhauling
aircraft; and
• Regulations for other practices,
methods, and procedures the
Administrator finds necessary for safety
in air commerce.
This regulation is within the scope of
that authority because it prescribes—
• New safety standards for the design
of transport category airplanes, and
• New requirements necessary for
safety for the design, production,
operation, and maintenance of those
airplanes, and for other practices,
methods and procedures relating to
those airplanes.
Paperwork Reduction Act
This proposal contains the following
new information collection
requirements. As required by the
Paperwork Reduction Act of 1955 (44
U.S.C. 3507(d)), the Department of
Transportation has sent the information
requirements associated with this
proposal to the Office of Management
and Budget for its review.
Title: Transport Category Airplane
Fuel Tank Flammability Reduction
Safety Improvements.
Summary: This proposal would
require certain certificate holders to
develop means to reduce the
flammability of high flammability
exposure fuel tanks on certain large
turbine-powered transport category
airplanes. In addition, this proposal
requires operators of the affected
airplanes with high flammability
exposure fuel tanks to incorporate FRM.
The current requirements for fuel tank
flammability exposure for new designs
would be revised to add requirements
for inerting systems if inerting is used
to minimize flammability exposure.
This proposal also proposes to expand
the coverage of part 25 to include
requirements that must be complied
with by current holders of these
certificates. Certificate holders would be
required to provide a quarterly report to
the FAA that contains reliability data for
the FRM. There is no specific reporting
requirement for operators. Data
collected by the certificate holders from
operators would be obtained through
normal business agreements.
Proposed subpart I would also require
that TC holders submit to the FAA a
plan detailing how they intend to
comply with its requirements. This
information would be used by the FAA
to assist the TC holder in complying
with requirements. The compliance
plan would be necessary to ensure that
TC holders fully understand the
requirements, correct any deficiencies
in planning in a timely manner, and are
able to provide the information needed
by the operators for the operators’
timely compliance with the rule.
Reporting: When scheduled or
unscheduled maintenance and
inspections are performed, including
tasks that are not identified as ALI or
Certification Maintenance
Requirements, the operators are only
required to report specific discrepancies
and corrective actions in accordance
with § 121.703. This proposal would not
mandate any additional reporting above
the current requirements for ALI by the
operators. We do not intend that
operators report to the FAA the results
of routine inerting system operational
checks, or discrepancies found .
The proposed reporting requirement
applies to applicants and holders of the
70943
affected certificates. There is no
proposed additional requirement within
this rulemaking for operators to report
FRM reliability information. We intend
for certificate holders to gather the
needed data from operators using
existing reporting systems that are
currently used for airplane
maintenance, reliability and warranty
claims. The operators would provide
this information through existing or new
business arrangements between the
certificate holders and the airlines.
Use of: This proposal would support
the information needs of the FAA in
approving design approval holder and
operator compliance with the proposed
rule.
Respondents (including number of):
The likely respondents to this proposed
information requirement are the affected
type certificate holders such as Boeing,
Airbus and several auxiliary fuel tank
manufacturers.
Frequency: The proposal would
require the certificate holders to submit
a report to the FAA once each quarter
for a period up to 5 years.
Average Annual Burden Estimate:
The burden would consist of the work
necessary to:
• Develop the design and the data for
STCs to install fuel tank inerting
systems,
• Develop and incorporate a
maintenance plan into the existing
maintenance programs,
• Record the results of the installation
and maintenance activities.
The largest paperwork burden would be
a one-time effort (spread over 3 years)
associated with the STC applications.
This one-time total burden would be as
follows:
Documents required to show compliance with the proposed rule
One-time pages
Present value
discounted cost
(in millions of
$2005)
Specifications for Fuel Tank STC ....................................................................................................................
Manuals (Flight Manuals, Operations, and Maintenance) for Fuel Tank STC ...............................................
Production for Fuel Tank STC .........................................................................................................................
Documentation for FAA/EASA Certification ....................................................................................................
8,000
12,000
500
1,000
2.7
2.7
0.4
13.4
Total ..........................................................................................................................................................
21,500
19.2
The yearly burden for each of the 3
years would have a present value of
about $6.4 million and involve 7,167
pages.
This proposed rulemaking would
result in a minimal annual
recordkeeping and reporting burden. All
records that would be generated to
verify the installation, to record any fuel
tank system inerting failures, and to
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
record any maintenance would use
forms currently required by the FAA.
The FAA computed the annual
recordkeeping (Total Pages) burden by
analyzing the necessary paperwork
requirements needed to satisfy each
process of the proposed rulemaking.
The agency is seeking comments to—
• Evaluate whether the proposed
information requirement is necessary for
the proper performance of the roles of
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
the agency, including whether the
information will have practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden;
• Improve the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond using appropriate
automated, electronic, mechanical, or
E:\FR\FM\23NOP2.SGM
23NOP2
70944
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
other technological collection
techniques or other forms of information
technology.
Individuals and organizations may
submit comments to the FAA on the
information collection requirement by
February 21, 2006. You should send
your comments to the address listed in
the ADDRESSES section of this document.
Under the Paperwork Reduction Act
of 1995, (5 CFR 1320.8(b)(2)(vi)), an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number. The OMB control number for
this information collection will be
published in the Federal Register, after
the Office of Management and Budget
approves it.
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with International Civil
Aviation Organization (ICAO) Standards
and Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these proposed
regulations.
Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Assessment, and Unfunded
Mandates Assessment
Regulatory Evaluation
This portion of the preamble
summarizes our analysis of the
economic impacts of this NPRM. It also
includes summaries of the initial
regulatory flexibility determination. We
suggest readers seeking greater detail
read the full regulatory evaluation, a
copy of which we have placed in the
docket for this rulemaking.
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs that
each Federal agency shall propose or
adopt a regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act (19 U.S.C. 2531–2533)
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. In developing U.S.
standards, this Trade Act requires
agencies to consider international
standards and, where appropriate, to be
the basis of U.S. standards. Fourth, the
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4) requires agencies to
prepare a written assessment of the
costs, benefits, and other effects of
proposed or final rules that include a
Federal mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
annually (adjusted for inflation).
In conducting these analyses, we
determined this rule: (1) Is a ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, and is
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (2)
would have a significant economic
impact on a substantial number of small
entities; (3) has a neutral international
trade impact; and (4) does not impose
an unfunded mandate on state, local, or
tribal governments, or on the private
sector. These analyses, available in the
docket, are summarized as follows.
Total Benefits and Costs of This
Rulemaking
We estimated that the proposed rule
would prevent an expected 4
catastrophic passenger accidents over
the analysis period. If all accidents
happened in-flight, the present value
total benefit would be of $490 million.
The model of fuel tank flammability risk
suggests an 8 percent probability that
the explosion may occur on the ground.
Assuming this rate of ground
explosions, the present value of the total
benefit would be about $460 million.
This estimate is based on an average
number of occupants per airplane. If the
first of the prevented accidents would
occur on a large passenger capacity
airplane, like the Airbus A380 or TWA–
800 Boeing Model 747, the quantified
benefit of preventing one accident could
exceed the present value costs. In
addition, another fuel tank explosion
would have a negative impact on public
confidence in air travel safety, and, on
the subsequent demand for air travel.
Table 1 displays the present value
compliance costs by major element for
the existing air carrier fleet and for
airplanes manufactured over the next 25
years and operated over the next 50
years to be $919 million.
TABLE 1.—PRESENT VALUE COSTS OF
COMPLIANCE (2006–2055)
[In millions 2005 $]
Present value
of the compliance costs
Source of cost
Engineering Redesign ........
Retrofitting Costs ................
Production Costs ................
PO 00000
Frm 00024
Fmt 4701
Sfmt 4702
$64
377
133
TABLE 1.—PRESENT VALUE COSTS OF
COMPLIANCE (2006–2055)—Continued
[In millions 2005 $]
Source of cost
Present value
of the compliance costs
Operational Costs ...............
345
Total .............................
919
Who is Potentially Affected By This
Rulemaking
Boeing, Airbus, all operators flying
U.S.-registered Boeing and Airbus
airplanes, and holders of fuel tank
supplemental type certificates (STCs).
Cost Assumptions and Sources of
Information
Period of analysis is 2006–2055.
For 2008–2030, we evaluated the
costs and benefits for all airplanes that
would have fuel tank inerting systems.
This includes airplanes that would be
retrofitted between 2008 and 2015 and
production airplanes manufactured
between 2008 and 2030.
For 2031–2055, we evaluated the
costs and benefits for all airplanes that
had fuel tank inerting systems and are
expected to be in service in 2030. No
airplanes are added after that date. This
time allows for all of the airplanes in
this evaluation to complete their
productive lives in U.S. aviation and be
retired.
Based on Boeing’s assertion that their
production airplanes will have fuel tank
inerting installed by 2008, we do not
include Boeing production airplanes
built during and after 2008 in either the
cost or the benefits estimates.
• Final rule would be effective
January 1, 2006.
• Discount rate is 7 percent.
• Fully burdened labor rate for an
aviation engineer is $125 an hour.
• Fully burdened labor rate for an
aviation mechanic is $85 an hour.
• 3,804 airplanes would be retrofitted
between 2008 and 2016.
• No airplane scheduled to be retired
before 2016 would be retrofitted.
• Cost of aviation fuel is $1.00 per
gallon.20
• The type of accident that would be
prevented is a catastrophic accident in
20 The estimated cost for aviation fuel is based on
both the FAA’s 2005 forecast and the Department
of Energy Information Administration’s forecast
‘‘Annual Energy Outlook with Projections to 2025’’
(2005). Should these forecasts change prior to the
publication of the final rule, if any, we will use the
updated number. However, we do not expect
changes in the forecast cost of aviation fuel to have
a large impact on the overall cost of this
rulemaking.
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
which all die and the airplane is
destroyed.
• Special Federal Air Regulation
(SFAR) 88 would prevent 50 percent of
the future fuel tank explosions. (See
‘‘History of Industry and Government
Actions in Response to Fuel Tank
Explosions’’ in the full regulatory
evaluation located within the docket file
for this proposal)
• Boeing and Airbus airplanes have
equal risk of an explosion.
• The explosion rate calculation does
not include explosions caused by
terrorist activity.
• An explosion is estimated to occur
every 60 million hours of flight by
heated center wing tank airplanes.
• The value of a statistical fatality
averted is $3 million.
• An average of 140 passengers and
crew are on a Boeing or Airbus airplane.
• The cost to investigate a
catastrophic accident is $8 million.
• The average value of property loss
and fatalities located on the ground is
$500,000 to $1 million.
We obtained data from two Aviation
Rulemaking Advisory Committee
(ARAC) working groups, Boeing, and
Airbus.
Finally, we request comments and
information about all of our
assumptions, values, and results. In
particular, we request information
concerning the potential cost savings
from not requiring airplanes to install
transient suppression devices. We also
request that you provide documentation
for the comments.
Estimated Benefits
We estimated the proposed rule
would prevent four fuel tank explosions
over the next 50 years, for a present
value total benefit of $490 million.21
The undiscounted benefits from
preventing one average-sized airplane
catastrophic accident are about $500
million, assuming $3 million for the
value of a prevented fatality. If the value
of prevented fatality is $5.5 million, the
undiscounted benefits are about $890
million.
The model of fuel tank flammability
risk suggests an 8 percent probability
that an airplane would explode on the
runway, with an average of four
fatalities. Under this scenario, the
average benefit would be about $60
million. Assuming an 8 percent chance
on an accident while the airplane is still
on the ground would reduce the total
benefit, in present value, by $30 million
to be about $460 million.
Costs of This Rulemaking
The undiscounted total costs for the
analysis period 2006–2055 for all
airplanes would be about $2.279 billion,
with a present value of $919 million.
The undiscounted passenger airplane
costs would be about $2.018 billion
with a present value of $809 million.
However, there is a potential cost
reduction factor. If we enact a fuel tank
flammability reduction rule, we would
not require transient suppression
devices and we would allow airlines
that have installed them to remove
70945
them. We request information on
potential cost savings from this action.
Analysis of the Proposed Rule and
Alternatives, All Airplanes (2006–2055)
In all of the tables that follow, the
results for the base case are found in the
first row. As shown in Table 2, using a
discount rate of 7 percent, $3 million for
a prevented fatality, and an SFAR 88
effectiveness rate of 50 percent, the
proposed rule benefits would be about
$424 million less (54 percent) than the
costs. Increasing the value of a
prevented fatality to $5.5 million would
make the benefits about 94 percent of
the costs. At an SFAR effectiveness rate
of 25 percent, the benefits would be 80
percent of the costs for a $3 million
value of a prevented fatality, but would
be 41 percent greater than the costs for
a $5.5 million value of a prevented
fatality.
For a 3 percent discount rate, the
proposed rule benefits would be greater
than the costs at an SFAR effectiveness
rate of 25 percent. At 50 percent, the
value of a fatality would need to be $5.5
million for the benefits to be greater
than the costs—a $3 million value
would result in the benefits being about
three quarters of the costs.
At an SFAR 88 effectiveness rate of 75
percent, the proposed rule benefits
would be less than the compliance costs
under any combination of discount rate
and value of a prevented fatality.
TABLE 2.—PRESENT VALUES OF THE ESTIMATED BENEFITS AND COSTS FOR ALL AIRPLANES BY DISCOUNT RATE, VALUE
OF A PREVENTED FATALITY, AND SFAR 88 EFFECTIVENESS RATE
[Values in million of 2005 dollars]
Discount rate
(percent)
7
7
7
7
7
7
3
3
3
3
3
3
SFAR 88
effectiveness
(percent)
Value of
fatality
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
Passenger Airplanes (2006–2055)
$3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
50
50
25
25
75
75
50
50
25
25
75
75
Present values
Benefits
Costs
$495
861
743
1,292
248
431
1,011
1,774
1,517
2,662
506
888
$919
919
919
919
919
919
1,312
1,312
1,312
1,312
1,312
1,312
Benefit/cost
ratio
(percent)
54
94
81
141
27
47
77
135
116
203
39
68
As shown in Table 3, using a discount
rate of 7 percent, a $3 million value for
a prevented fatality, and an SFAR 88
effectiveness rate of 50 percent, we
estimated that the proposed rule
benefits for passenger airplanes would
be about $313 million less than the
costs. Increasing the value of a
prevented fatality to $5.5 million
indicates the proposed rule benefits
would be greater than the costs by about
6 percent for passenger airplanes. At an
SFAR effectiveness rate of 25 percent,
21 These four accidents represent the expected
average. Based on the Poisson distribution and a
past average of one accident every 60 million flight
hours for airplanes with a heated center wing fuel
tank there is a 37 percent chance that there would
be 5 or more such accidents.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
PO 00000
Frm 00025
Fmt 4701
Sfmt 4702
E:\FR\FM\23NOP2.SGM
23NOP2
70946
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
the proposed rule benefits would be less
than the costs for a $3 million value of
a prevented fatality (benefits would be
92 percent of costs), but would be
greater than the costs for a $5.5 million
value of a prevented fatality (benefits
would be 60 percent greater than the
costs) for passenger airplanes.
For a 3 percent discount rate, the
proposed rule benefits for passenger
airplanes would be greater than their
costs at an SFAR effectiveness rate of 25
percent. At 50 percent, the value of a
fatality would need to be $5.5 million
for the benefits to be greater than the
costs—a $3 million value would result
in the benefits would be about 87
percent of the costs.
At an SFAR 88 effectiveness rate of 75
percent, the proposed rule benefits
would be less than the costs for
passenger airplanes under any
combination of discount rate and value
of a prevented fatality.
TABLE 3.—PRESENT VALUES OF THE ESTIMATED BENEFITS AND COSTS FOR ALL PASSENGER AIRPLANES BY DISCOUNT
RATE, VALUE OF A PREVENTED FATALITY, AND SFAR 88 EFFECTIVENESS RATE
[Values in million of 2005 dollars]
Discount rate
(percent)
7
7
7
7
7
7
3
3
3
3
3
3
SFAR 88
effectiveness
(percent)
Value of
fatality
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
Retrofitted Passenger Airplanes (2006–
2037)
As shown in Table 4, if the SFAR 88
effectiveness rate is 75 percent, the
proposed rule benefits would not be
greater than the costs for retrofitted
passenger airplanes under any
combination of discount rate and value
of a prevented fatality.
Using a discount rate of 7 percent, a
$3 million value for a prevented fatality,
and an SFAR 88 effectiveness rate of 50
percent, the proposed rule benefits for
retrofitted passenger airplanes would be
about $217 million less than the costs.
$3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
50
50
25
25
75
75
50
50
25
25
75
75
Increasing the value of a prevented
fatality to $5.5 million indicates the
proposed rule benefits would be greater
than the costs by about 4 percent for
retrofitted passenger airplanes. At an
SFAR effectiveness rate of 25 percent,
the proposed rule benefits would be less
than the costs for a $3 million value of
a prevented fatality (benefits would be
88 percent of costs), but would be
greater than the costs for a $5.5 million
value of a prevented fatality (benefits
would be 55 percent greater than the
costs) for retrofitted passenger airplanes.
For a 3 percent discount rate, the
proposed rule benefits for retrofitted
Present values
Benefits
Benefit/cost
ratio
(percent)
Costs
$495
861
743
1,292
248
431
1,011
1,774
1,517
2,662
506
888
$808
808
808
808
808
808
1,157
1,157
1,157
1,157
1,157
1,157
61
106
92
160
31
53
87
153
131
230
44
77
passenger airplanes would be greater
than their costs at an SFAR effectiveness
rate of 25 percent.
At 50 percent, the value of a fatality
would need to be $5.5 million for the
benefits to be greater than the costs—a
$3 million value would result in the
benefits would be about three quarters
percent of the costs.
At an SFAR 88 effectiveness rate of 75
percent, the proposed rule benefits
would be less than the costs for
retrofitted passenger airplanes under
any combination of discount rate and
value of a prevented fatality.
TABLE 4.—PRESENT VALUES OF THE ESTIMATED BENEFITS AND COSTS FOR ALL RETROFITTED PASSENGER AIRPLANES
BY DISCOUNT RATE, VALUE OF A PREVENTED FATALITY, AND SFAR 88 EFFECTIVENESS RATE
[Values in million of 2005 dollars]
Discount rate
(percent)
7
7
7
7
7
7
3
3
3
3
3
3
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
VerDate Aug<31>2005
17:29 Nov 22, 2005
SFAR 88
effectiveness
(percent)
Value of
fatality
Jkt 208001
PO 00000
$3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
Frm 00026
Fmt 4701
50
50
25
25
75
75
50
50
25
25
75
75
Sfmt 4702
Present values
Benefits
Costs
$313
549
469
824
156
275
557
992
836
1,488
279
496
E:\FR\FM\23NOP2.SGM
Benefit/cost
ratio
(percent)
23NOP2
$530
530
530
530
530
530
750
750
750
750
750
750
59
104
88
155
29
52
74
132
111
198
37
66
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
Production Passenger Airplanes (2006–
2055)
We determined that all of the
retrofitted airplanes would have been
retired from U.S. service by 2038. As
shown in Table 5, using a discount rate
of 7 percent, a $3 million value for a
prevented fatality, and an SFAR 88
effectiveness rate of 50 percent, the
proposed rule benefits for production
passenger airplanes would be about
$196 million less than the costs—about
65 percent of the costs. Increasing the
value of a prevented fatality to $5.5
million indicates that the proposed rule
benefits would be greater than the costs
by about 12 percent for production
passenger airplanes.
At an SFAR effectiveness rate of 25
percent, the proposed rule benefits for
production airplanes would be greater
than their costs for both combinations of
discount rates and values of a prevented
fatality.
At a 3 percent discount rate, the
proposed rule benefits for production
70947
airplanes would be greater than their
costs at an SFAR effectiveness rate of
either 25 percent or 50 percent.
At an SFAR 88 effectiveness rate of 75
percent, the proposed rule benefits
would be less than the costs for
production passenger airplanes under
any combination of discount rate and
value of a prevented fatality—although
they would be 96 percent of the costs if
a 3 percent discount rate and a $5.5
million value of a prevented fatality
were used.
TABLE 5.—PRESENT VALUES OF THE ESTIMATED BENEFITS AND COSTS FOR ALL PRODUCTION PASSENGER AIRPLANES BY
DISCOUNT RATE, VALUE OF A PREVENTED FATALITY, AND SFAR 88 EFFECTIVENESS RATE
[Values in million of 2005 dollars]
Present values
Discount rate
(percent)
7
7
7
7
7
7
3
3
3
3
3
3
SFAR 88
effectiveness
(percent)
Value of
fatality
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
Alternative One: Apply the Proposed
Rule Only to Production Airplanes—
Exclude Retrofitting Requirements
As shown in Table 6, the benefit-cost
ratios of the present values are lower for
retrofitted airplanes than they are for
production airplanes. However, at a 7
percent discount rate, the ratios are very
close. Using the standard values, there
is only a 6-percentage point difference
(about 10 percent) between the 59
$3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
50
50
25
25
75
75
50
50
25
25
75
75
percent ratio for retrofitted passenger
airplanes and the 65 percent ratio for
production passenger airplanes. This
same result is observed for all benefit/
cost ratios calculated using a 7 percent
discount rate. The difference becomes
more pronounced (about 30 percent to
40 percent) when a 3 percent discount
rate is used. This apparent conflict is
resolved by noting that a far greater
percentage of the total benefits for
retrofitted airplanes would occur in the
Benefits
Benefit/cost
ratio
(percent)
Costs
$182
312
273
468
91
156
454
783
681
1,175
227
392
$278
278
278
278
278
278
407
407
407
407
407
407
65
112
98
168
33
56
112
192
167
289
56
96
more immediate future than it would for
production airplanes that have more of
its benefits occurring farther out in time.
Thus, a lower discount rate has a greater
positive impact (relatively) on present
value calculations for longer-term
benefits than for shorter-term benefits.
That is, retrofitted airplanes would
incur the vast bulk of these airplanes
flight hours and the relatively greater
overall risk until about 2030.
TABLE 6.—BENEFIT-COST PRESENT VALUES RATIOS FOR PASSENGER AIRPLANES BY DISCOUNT RATE, VALUE OF A
PREVENTED FATALITY, SFAR 88 EFFECTIVENESS RATE, AND TYPE OF FUEL TANK INERTING INSTALLATION
[Values in million of 2005 dollars]
Benefit/cost ratios
Discount rate
(percent)
7
7
7
7
7
7
3
3
3
3
3
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
VerDate Aug<31>2005
17:29 Nov 22, 2005
SFAR 88
effectiveness
(percent)
Value of
fatality
Jkt 208001
PO 00000
$3
5.5
3
5.5
3
5.5
3
5.5
3
5.5
3
Frm 00027
Fmt 4701
Retrofitted
(percent)
50
50
25
25
75
75
50
50
25
25
75
Sfmt 4702
E:\FR\FM\23NOP2.SGM
Production
(percent)
59
104
88
155
29
52
74
132
111
198
37
23NOP2
65
112
98
168
33
56
112
192
167
289
56
Productionretrofitted
(percent)
6
8
10
13
4
4
38
60
56
91
19
70948
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
TABLE 6.—BENEFIT-COST PRESENT VALUES RATIOS FOR PASSENGER AIRPLANES BY DISCOUNT RATE, VALUE OF A
PREVENTED FATALITY, SFAR 88 EFFECTIVENESS RATE, AND TYPE OF FUEL TANK INERTING INSTALLATION—Continued
[Values in million of 2005 dollars]
Benefit/cost ratios
Discount rate
(percent)
3 ...............................................................................
In light of these results, we
determined that the benefit-cost analysis
does not justify requiring production
airplanes to have fuel tank inerting
systems while not requiring these
systems on retrofitted airplanes. Both
airplanes need these systems.
Alternative Two: Include Cargo
Airplanes in the Proposed Rule
As shown by Tables 2 and 3,
including cargo airplanes in the
proposed rule would have no affect on
the present value of the proposed rule’s
quantified benefits and it would
increase the cost by $111 million (a 12
percent increase). Using a discount rate
of 7 percent, a $3 million value for a
prevented fatality and an SFAR 88
effectiveness rate of 50 percent, the
benefit-cost ratio would decrease from
61 percent to 53 percent.
Cost Benefit Summary
We believe the benefits of preventing
four expected fuel tank explosions over
fifty years justify the compliance cost.
While our model predicts one accident
every 60 million flight hours of fleet
operation and a total of four prevented
accidents within the analysis period,
there is a nearly 40 percent probability
of five or more accidents. In addition,
these accidents could occur on airplanes
with larger passenger capacity than the
average assumed in this analysis, and
they could occur sooner than we
forecast. If this rule prevents two
accidents comparable to the TWA
accident with 230 fatalities, then
preventing two of these accidents would
produce estimated undiscounted
benefits of $2.5 billion and would
justify the undiscounted compliance
cost of this proposed rule. Finally, we
did not include the potential losses
associated with the likely disruption to
commercial aviation resulting from an
in-flight explosion. Such an explosion
could immediately raise a terrorism
concern. In the preliminary regulatory
evaluation, we estimate that the costs
associated with a potential disruption
could cost approximately $5 billion per
accident.
VerDate Aug<31>2005
17:29 Nov 22, 2005
SFAR 88
effectiveness
(percent)
Value of
fatality
Jkt 208001
5.5
Retrofitted
(percent)
75
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(RFA) establishes ‘‘as a principle of
regulatory issuance that agencies shall
endeavor, consistent with the objective
of the rule and of applicable statutes, to
fit regulatory and informational
requirements to the scale of the
business, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve that principle,
the RFA requires agencies to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions. The RFA covers a wide-range of
small entities, including small
businesses, not-for-profit organizations
and small governmental jurisdictions.
Agencies must perform a review to
determine whether a proposed or final
rule will have a significant economic
impact on a substantial number of small
entities. If the agency determines that it
will, the agency must prepare a
regulatory flexibility analysis as
described in the Act.
The proposed rule would require all
Boeing and Airbus airplane operators,
including about 18 small business
operators, to retrofit their airplanes. We
believe that this proposed rule would
have a significant impact on a
substantial number of small entities.
Accordingly, an initial regulatory
flexibility analysis, as required by the
RFA, is included as part of the Initial
Regulatory Analysis that is in the
docket.
International Trade Impact Assessment
This proposed rule would impose the
same costs on Boeing and Airbus Nregistered airplanes operated by
domestic entities. It would also impose
costs on the airplanes and the
operations of domestic entities flying
internationally. However, foreign
entities flying into the United States
would not be affected by the proposed
rule and would have a competitive
advantage in competing for
international business with U.S.
domestic carriers. Based on the safety
issues involved, we determined that
these costs are acceptable to obtain the
required level of air travel safety.
PO 00000
Frm 00028
Fmt 4701
Sfmt 4702
Productionretrofitted
(percent)
Production
(percent)
66
96
30
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (the Act) is intended, among
other things, to curb the practice of
imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of the Act requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may result in an expenditure
of $100 million or more (adjusted
annually for inflation) in any one year
by State, local, and tribal governments,
in the aggregate, or by the private sector;
such a mandate is deemed to be a
‘‘significant regulatory action.’’ We
currently use an inflation-adjusted value
of $120.7 million in lieu of $100
million.
We note that the rule would impose
a significant private sector cost in 2014
and 2015, as the estimated
undiscounted retrofitting cost would be
about $110 million, which has a present
value of about $70 million. Thus, this
proposed rule does not contain such a
mandate and the requirements of Title
II of the Unfunded Mandates Reform
Act of 1995 do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and therefore
would not have federalism implications.
Regulations Affecting Intrastate
Aviation in Alaska
Section 1205 of the FAA
Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when
modifying regulations in title 14 of the
CFR in manner affecting intrastate
aviation in Alaska, to consider the
extent to which Alaska is not served by
transportation modes other than
aviation, and to establish such
regulatory distinctions, as he or she
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
considers appropriate. Because this
proposed rule would apply to the
certification of future designs of
transport category airplanes and their
subsequent operation, it could, if
adopted, affect intrastate aviation in
Alaska. The FAA therefore specifically
requests comments on whether there is
justification for applying the proposed
rule differently in intrastate operations
in Alaska.
Plain English
Executive Order 12866 (58 FR 51735,
Oct. 4, 1993) requires each agency to
write regulations that are simple and
easy to understand. We invite your
comments on how to make these
proposed regulations easier to
understand, including answers to
questions such as the following:
• Are the requirements in the
proposed regulations clearly stated?
• Do the proposed regulations contain
unnecessary technical language or
jargon that interferes with their clarity?
• Would the regulations be easier to
understand if they were divided into
more (but shorter) sections?
• Is the description in the preamble
helpful in understanding the proposed
regulations?
Please send your comments to the
address specified in the ADDRESSES
section.
Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312f and involves no
extraordinary circumstances.
Regulations That Significantly Affect
Energy Supply, Distribution, or Use
We have determined that it is not a
‘‘significant energy action’’ under the
executive order. The FAA has analyzed
this NPRM under Executive Order
13211, Actions Concerning Regulations
that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We
have determined that it is not a
‘‘significant energy action’’ under the
executive order because the proposed
rule is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
List of Subjects
14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 91
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 121
Air carriers, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements, Security measures.
V. The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend Chapter 1 of Title 14,
Code of Federal Regulations (CFR) parts
25, 91, 121, 125, and 129, as follows:
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
1. The authority citation for part 25
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702 and 44704.
2. Amend § 25.1 by adding new
paragraphs (c) and (d) to read as follows:
§ 25.1
Applicability.
*
*
*
*
*
(c) This part also establishes
requirements for holders of type
certificates, supplemental type
certificates, and field approvals to take
specific actions necessary to support the
continued airworthiness of transport
category airplanes.
(d) This part also establishes
requirements for holders or licensees of
type certificates for transport category
airplanes to introduce design changes
necessary for safety into newly
produced airplanes.
3. Amend § 25.2 by adding a new
paragraph (d) to read as follows:
§ 25.2
Special retroactive requirements.
*
*
*
*
*
(d) In addition to the requirements of
this section, subpart I of this part
contains requirements that apply to:
(1) Holders of type certificates, and
supplemental type certificates;
(2) Applicants for type certificates,
amendments to type certificates
(including service bulletins describing
PO 00000
Frm 00029
Fmt 4701
Sfmt 4702
70949
design changes), and supplemental type
certificates;
(3) [Reserved];
(4) Licensees of type certificates.
4. Amend § 25.981 by revising
paragraphs (b) and (c) and adding
paragraphs (d) and (e) to read as follows:
§ 25.981
Fuel tank ignition prevention.
*
*
*
*
*
(b) Except as provided in paragraph
(c) of this section, no fuel tank Fleet
Average Flammability Exposure level on
an airplane other than one designed
solely for all-cargo operations may
exceed three percent, or a fuel tank
within the wing of the airplane model
being evaluated. If the wing is not a
conventional unheated aluminum wing,
the analysis must be based on an
assumed Equivalent Conventional
Unheated Aluminum Wing.
(1) Fleet Average Flammability
Exposure is determined in accordance
with Appendix L of this part.
(2) Any fuel tank other than a main
tank on an airplane other than one
designed solely for all-cargo operations
must meet the flammability exposure
criteria of Appendix K to this part if any
portion of the tank is located within the
fuselage contour.
(3) As used in this paragraph,
(i) Equivalent Conventional Unheated
Aluminum Wing is a semi-monocoque
aluminum wing of a subsonic airplane
that is equivalent in aerodynamic
performance, structural capability, fuel
tank capacity and tank configuration to
the designed wing.
(ii) Fleet Average Flammability
Exposure is defined in Appendix L to
this part and means the percentage of
time the fuel tank ullage is flammable
for a fleet of an airplane type operating
over the range of flight lengths.
(iii) Main Fuel Tank means a fuel tank
that feeds fuel directly into one or more
engines and holds required fuel reserves
continually throughout each flight.
(c) Paragraphs (b) and (e) of this
section do not apply to a fuel tank if
means are provided to mitigate the
effects of an ignition of fuel vapors
within that fuel tank such that no
damage caused by an ignition will
prevent continued safe flight and
landing.
(d) Critical design configuration
control limitations (CDCCL),
inspections, or other procedures must
be established, as necessary, to prevent
development of ignition sources within
the fuel tank system pursuant to
paragraph (a) of this section, to prevent
increasing the flammability exposure of
the tanks above that permitted under
paragraph (b) of this section, and to
prevent degradation of the performance
E:\FR\FM\23NOP2.SGM
23NOP2
70950
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
and reliability of any means provided
according to paragraphs (a), (b) or (c).
These CDCCL, inspections, and
procedures must be included in the
Airworthiness Limitations section of the
instructions for continued airworthiness
required by § 25.1529. Visible means of
identifying critical features of the design
must be placed in areas of the airplane
where foreseeable maintenance actions,
repairs, or alterations may compromise
the critical design configuration
limitations (e.g., color-coding of wire to
identify separation limitation). These
visible means must also be identified as
CDCCL.
(e) For airplanes designed solely for
all-cargo operations, except as provided
in paragraph (c) of this section, the fuel
tank installation must include means to
minimize the development of flammable
vapors in the fuel tanks (in the context
of this rule, ‘‘minimize’’ means to
incorporate practicable design methods
to reduce the likelihood of flammable
vapors).
5. Amend part 25 by adding a new
subpart I to read as follows:
Subpart I—Continued Airworthiness and
Safety Improvements
[Reserved]
§ 25.1815 Holders of type certificates: Fuel
tank flammability safety.
Subpart I—Continued Airworthiness
and Safety Improvements
General
Purpose and scope.
(a) This subpart 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, and making necessary
documentation available to affected
persons.
(b) This subpart applies to the
following persons, as specified in each
section of this subpart:
(1) Holders of type certificates and
supplemental type certificates.
(2) Applicants for type certificates and
changes to type certificates (including
18:10 Nov 22, 2005
Definitions.
(a) Auxiliary Fuel Tank is a Normally
Emptied fuel tank that has been
installed pursuant to a supplemental
type certificate or field approval to make
additional fuel available.
(b) Fleet Average Flammability
Exposure has the meaning defined in
Appendix L of this part.
(c) FAA Oversight Office is the aircraft
certification office or office of the
Transport Airplane Directorate with
oversight responsibility for the relevant
type certificate, supplemental type
certificate, or manufacturer, as
determined by the Administrator.
(d) Normally Emptied means a fuel
tank other than a Main Fuel Tank as
defined in 14 CFR 25.981(b).
Fuel Tank Flammability
Fuel Tank Flammability
25.1815 Holders of type certificates: Fuel
tank flammability safety.
25.1817 Changes to type certificates
affecting fuel tank flammability.
25.1819 Pending type certification projects:
Fuel tank flammability safety.
25.1821 Newly produced airplanes: Fuel
tank flammability safety.
VerDate Aug<31>2005
§ 25.1803
§ 25.1805–25.1813
General
Sec.
25.1801 Purpose and Scope.
25.1803 Definitions.
25.1805–25.1813 [Reserved]
§ 25.1801
service bulletins describing design
changes). Applicants for changes to type
certificates must comply with the
requirements of this subpart in addition
to the airworthiness requirements
determined applicable under § 21.101 of
this subchapter.
(3) [Reserved]
(4) Holders of type certificates and
their licensees producing new airplanes.
Jkt 208001
(a) Applicability. Except as provided
in paragraph (j) of this section, this
section applies to transport category,
turbine-powered airplanes with a type
certificate issued after January 1, 1958,
other than those designed solely for allcargo operations, that, as a result of
original type 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) Flammability Exposure Analysis—
(1) General. Within 150 days after
[effective date of final rule], holders of
type certificates must submit for
approval to the FAA Oversight Office a
flammability exposure analysis of all
fuel tanks defined in the type design, as
well as all design variations approved
under the type certificate that affect
flammability exposure. This analysis
must be conducted in accordance with
appendix L of this part.
(2) Exception. This paragraph does
not apply to 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 an Ignition
Mitigation Means (IMM) meeting the
requirements of paragraph (c)(2) of this
section.
PO 00000
Frm 00030
Fmt 4701
Sfmt 4702
(c) Design modifications. For fuel
tanks with a Fleet Average Flammability
Exposure level exceeding 7 percent, one
of the following design modifications
must be made.
(1) Flammability Reduction Means
(FRM). A means must be provided to
reduce the fuel tank flammability.
(i) Fuel tanks that are designed to be
Normally Emptied must meet the
flammability exposure criteria of
Appendix K of this part 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 K of this part, except, instead
of complying with paragraph K25.1, the
Fleet Average Flammability Exposure
level must not exceed 7 percent.
(2) IMM. A means must be provided
to mitigate the effects of an ignition of
fuel vapors within the fuel tank such
that no damage caused by an ignition
will prevent continued safe flight and
landing.
(d) Design Changes and Service
Instructions. No later than the
applicable date stated in Table 1 of this
section, holders of type certificates
affected by this section must meet one
of the following requirements:
(1) FRM. The type certificate holder
must submit for approval by the FAA
Oversight Office design changes and
service instructions for installation of
fuel tank flammability reduction means
(FRM) meeting the criteria of paragraph
(c) of this section.
(2) IMM. The type certificate holder
must submit for approval by the FAA
Oversight Office design changes and
service instructions for installation of
fuel tank IMM that comply with 14 CFR
25.981(c) in effect on [effective date of
final rule].
TABLE 1
Service instruction
submittal date
Model—
Boeing
747 Series ...............
737 Series ...............
777 Series ...............
767 Series ...............
757 Series ...............
707/720 Series ........
December 31, 2005.
March 31, 2006.
March 31, 2006.
September 30, 2006.
March 31, 2007.
December 31, 2007.
Airbus
A319, A320, A321
Series.
A300, A310 Series ..
A330, A340 Series ..
All other affected
models.
E:\FR\FM\23NOP2.SGM
23NOP2
December 31, 2006.
June 30, 2007.
December 31, 2007.
Within 24 months of
effective date of this
amendment.
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
(e) Instructions for Continued
Airworthiness (ICA). For all fuel tanks,
regardless of flammability exposure, no
later than the applicable date specified
in Table 1 of this section, holders of
type certificates affected by this section
must submit for approval by the FAA
Oversight Office, critical design
configuration control limitations
(CDCCL), inspections, or other
procedures to prevent increasing the
flammability exposure of the tanks
above that permitted under this section
and to prevent degradation of the
performance of any means provided
under paragraph (c)(1) or (c)(2) of this
section. These CDCCL, inspections, and
procedures must be included in the
Airworthiness Limitations section of the
ICA required by 14 CFR 25.1529 or
paragraph (f) of this section. Visible
means to identify critical features of the
design must be placed in areas of the
airplane where foreseeable maintenance
actions, repairs, or alterations may
compromise the critical design
configuration limitations. These visible
means must also be identified as a
CDCCL.
(f) Airworthiness Limitations. Unless
previously accomplished, no later than
the applicable date specified in Table 1
of this section, holders of type
certificates affected by this section must
establish an Airworthiness Limitations
Section (ALS) of the maintenance
manual or ICA for each airplane
configuration evaluated under
paragraph (b)(1) and submit it to the
FAA oversight office for approval. The
ALS must include a section that
contains the (CDCCL), inspections, or
other procedures developed under
paragraph (e) of this section.
(g) Compliance Plan for Flammability
Exposure Analysis. Within 60 days after
[effective date of final rule], each holder
of a type certificate identified in
paragraph (a) of this section must
submit to the FAA Oversight Office a
compliance plan consisting of the
following:
(1) A proposed project schedule for
submitting the required analysis, or a
determination that compliance with
paragraph (b) of this section is not
required as design changes and service
instructions for IMM will be made
available.
(2) A proposed means of compliance
with paragraph (b) of this section, if
applicable.
(3) If the affected holder proposes a
means of compliance that differs from
that described in FAA advisory
material, a detailed explanation of how
the proposed means will comply with
this section.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
(h) Compliance Plan for Design
Changes and Service Instructions.
Within 210 days after [effective date of
final rule], each holder of a type
certificate required to comply with
paragraph (d) of this section must
submit to the FAA Oversight Office a
compliance plan consisting of the
following:
(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 paragraph (d) of this section.
(3) If the affected holder proposes a
means of compliance that differs from
that described in FAA advisory
material, a detailed explanation of how
the proposed means will comply with
this section.
(4) A proposal for submitting a draft
of all compliance items required by
paragraph (d) 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.
(5) A proposal for how the approved
service information and any necessary
modification parts will be made
available to affected persons.
(i) Deficiencies in Compliance Plans.
Each affected type certificate holder
must implement the compliance plans
as approved under paragraph (g) and (h)
of this section. The FAA Oversight
Office will notify the affected holder of
deficiencies in the proposed compliance
plan, or in the type certificate holder’s
implementation of the plan, and provide
the means for correcting those
deficiencies. The type certificate holder
must submit a corrected plan to the
FAA Oversight Office within 30 days
after such notification and implement
the corrected plan.
(j) Exceptions. The requirements of
this section do not apply to the
following airplane models:
(1) Convair CV–240, 340, 440,
including turbine powered conversions.
(2) Lockheed L–188.
(3) Vickers Armstrong Viscount.
(4) Douglas DC–3, including turbine
powered conversions.
(5) Bombardier CL–44.
(6) Mitsubishi YS–11.
(7) BAC 1–11.
(8) Concorde.
(9) deHavilland D.H. 106 Comet 4C.
(10) VFW-Vereinigte Flugtechnische
VFW–614.
(11) Illyushin Aviation IL 96T.
(12) Bristol Aircraft Britannia 305.
(13) Handley Page Handley Page
Herald Type 300.
(14) Avions Marcel Dassault—Breguet
Aviation Mercure 100C.
PO 00000
Frm 00031
Fmt 4701
Sfmt 4702
70951
(15) Airbus Caravelle.
(16) Fokker F27.
(17) Maryland Air Service V–27/FH–
227.
§ 25.1817 Changes to type certificates
affecting fuel tank flammability.
(a) Applicability. This section applies
to the following design changes to any
airplane subject to 14 CFR 25.1815(a)
unless the design change converts the
airplane to one designed solely for allcargo operations:
(1) Any fuel tank designed to be
Normally Emptied if any of the
following occurred before [effective date
of final rule]:
(i) The fuel tank was installed on an
airplane pursuant to a supplemental
type certificate or a field approval;
(ii) An application for a supplemental
type certificate or an amendment to a
type certificate was made, or
(iii) A field approval was granted.
(2) Installation of a fuel tank designed
to be Normally Emptied, including
Auxiliary Fuel Tanks, changes to
existing fuel tank capacity, and changes
that may increase the flammability
exposure of an existing fuel tank on
airplanes for which an application for a
supplemental type certificate or an
amendment to a type certificate is made
on or after [effective date of final rule].
(b) Flammability Exposure Analysis—
(1) General. By the times specified in
paragraphs (b)(1)(i) and (b)(1)(ii) of this
section, each person subject to this
section must submit for approval to the
FAA Oversight Office a flammability
exposure analysis of the Auxiliary Fuel
Tanks or other affected fuel tanks, as
defined in the type design. This analysis
must be conducted in accordance with
appendix L of this part.
(i) Holders of supplemental type
certificates and field approvals: Within
12 months of [effective date of final
rule],
(ii) Applicants for supplemental type
certificates and for amendments to type
certificates: Within 12 months of
[effective date of final rule], or before
the certificate is issued, whichever
occurs later.
(2) Exception. This paragraph does
not apply to fuel tanks for which the
type certificate holder, supplemental
type certificate holder, and 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) of this
part in effect on [effective date of final
rule].
(c) Impact Assessment. By the times
specified in paragraphs (c)(1) and (c)(2)
of this section, each person subject to
E:\FR\FM\23NOP2.SGM
23NOP2
70952
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
this section must submit for approval to
the FAA Oversight Office an assessment
of the fuel tank system, as modified by
their design change. The assessment
must identify any features of the design
change that compromise any critical
design configuration control limitation
(CDCCL) applicable to any airplane on
which the design change is eligible for
installation.
(1) Holders of supplemental type
certificates and field approvals: Within
6 months of the date of FAA approval
of the submission identified in
§ 25.1815(d) for the applicable airplane
model.
(2) Applicants for supplemental type
certificates and for amendments to type
certificates: Within 6 months of the date
of FAA approval of the submission
identified in 14 CFR 25.1815(d) for the
applicable airplane model or before the
certificate is issued, whichever occurs
later.
(d) Design Changes and Service
Instructions. By the times specified in
paragraph (e) of this section, each
person subject to this section must meet
the requirements of paragraphs (d)(1),
(d)(2), (d)(3), and (d)(4) of this section,
as applicable.
(1) If the application was submitted
before June 6, 2001, for any fuel tank
exceeding a Fleet Average Flammability
Exposure level of 7 percent, submit for
approval by the FAA oversight office
design changes and service instructions
for installation of either:
(i) IMM. Fuel tank IMM that comply
with 14 CFR 25.981(c) of this part in
effect on [effective date of final rule]; or
(ii) FRM. Any fuel tank that is
designed to be Normally Emptied,
including Auxiliary Fuel tanks, must
meet the flammability exposure criteria
of Appendix K if any portion of the tank
is located within the fuselage contour.
For all other fuel tanks, the FRM must
meet all of the requirements of
Appendix K of this part, except, instead
of complying with paragraph K25.1, the
Fleet Average Flammability Exposure
level must not exceed 7 percent.
(2) If the application was made on or
after June 6, 2001, comply with the
requirements of 14 CFR 25.981, in effect
on [effective date of final rule], for all
fuel tanks subject to this section.
(3) For design changes adding a fuel
tank designed to be Normally Emptied,
including Auxiliary Fuel Tanks, or
changing fuel tank capacity, establish
critical design configuration control
limitations (CDCCL), inspections, or
other procedures to prevent increasing
the flammability exposure of the tanks
above that permitted under this section
and to prevent degradation of the
performance of any means provided
according to paragraphs (d)(1)(i) or
(d)(1)(ii) of this section. These CDCCL,
inspections, and procedures must be
included in the Airworthiness
Limitations section of the ICA required
by 14 CFR 25.1529 of this part. Visible
means to identify critical features of the
design must be placed in areas of the
airplane where foreseeable maintenance
actions, repairs, or alterations may
compromise the critical design
configuration limitations. These visible
means must also be identified as
CDCCL.
(4) 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 and comply with
paragraphs (d)(1), (d)(2), and (d)(3) of
this section, as applicable.
(e) Compliance Times for Design
Changes and Service Instructions. The
following persons subject to this section
must comply with the requirements of
paragraph (d) of this section at the
specified times.
(1) Holders of supplemental type
certificates and field approvals: Within
24 months of the date identified in 14
CFR 25.1815(d) for the applicable
airplane model.
(2) Applicants for supplemental type
certificates and for amendments to type
certificates: Within 24 months of the
date identified in 14 CFR 25.1815(d) for
the applicable airplane model or before
the certificate is issued, whichever
occurs later.
(f) Compliance Planning. By the
applicable times specified in Table 2 of
this section, each person subject to this
section must submit for approval by the
FAA Oversight Office compliance plans
for the flammability exposure analysis
required by paragraph (b) of this section,
the impact assessment required by
paragraph (c) of this section, and the
design changes and service instructions
required by paragraph (d) of this
section. Each person’s compliance plans
must include the following:
(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) If the affected holder proposes a
means of compliance that differs from
that described in FAA advisory
material, a detailed explanation of how
the proposed means will be shown to
comply with this section.
(4) For the requirements of paragraph
(d) of this section, a proposal for
submitting a draft of all design changes,
if any are required, and CDCCLs for
review by the FAA Oversight Office not
less than 60 days before the compliance
time specified in paragraph (e) of this
section.
(5) 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.
TABLE 2.—COMPLIANCE PLANNING DATES
Flammability exposure analysis
plan
Impact assessment plan
Design changes and service
instructions plan
STC and Field Approval Holders ...
60 days after [effective date of
final rule].
STC and ATC Applicants ...............
60 days after [effective date of
final rule] or before the certificate is issued, whichever occurs later.
60 days after the date identified in
§ 25.1815(d) for the applicable
airplane model.
60 days after the date identified in
§ 25.1815(d) for the applicable
airplane model or before the
certificate is issued, whichever
occurs later.
240 days after the date identified
in § 25.1815(d) for the applicable airplane model.
240 days after the date identified
in § 25.1815(d) for the applicable airplane model or before the
certificate is issued, whichever
occurs later.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
PO 00000
Frm 00032
Fmt 4701
Sfmt 4702
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
(g) Deficiencies in Compliance Plans.
Each person subject to this section must
implement the compliance plans as
approved under paragraph (f) of this
section. The FAA Oversight Office will
notify the affected person of deficiencies
in the proposed compliance plan, or in
the person’s implementation of the plan,
and of the means for correcting those
deficiencies. The person must submit a
corrected plan to the FAA oversight
office within 30 days after such
notification, and implement the
corrected plan.
§ 25.1819 Pending type certification
projects: Fuel tank flammability safety.
(a) Applicability. This section applies
to any new type certificate for a
transport category airplane, other than
one designed solely for all-cargo
operations, if the application was made
before [effective date of final rule and if
the certificate was not issued before
[effective date of final rule]. This section
applies only if the airplane would
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) Flammability Exposure Analysis.
Before issuance of the type certificate,
the applicant must submit for approval
to the FAA Oversight Office a
flammability exposure analysis of all
fuel tanks defined in the type design.
This analysis must be conducted in
accordance with Appendix L of this
part.
(c) If the application was made before
June 6, 2001, the requirements of
paragraphs (c)(1) and (c)(2) of this
section apply.
(1) Any fuel tank meeting all of the
criteria stated in paragraphs (c)(1)(i),
(c)(1)(ii) and (c)(1)(iii) of this section
must have FRM or IMM that meet the
requirements of 14 CFR 25.981 of this
part in effect on [effective date of final
rule].
(i) The fuel tank is a fuel tank
designed to be Normally Emptied.
(ii) Any portion of the fuel tank is
located within the fuselage contour.
(iii) The fuel tank exceeds a Fleet
Average Flammability Exposure level of
this part, of 7 percent.
(2) All other fuel tanks that exceed a
Fleet Average Flammability Exposure
level of 7 percent must have either an
IMM meeting 14 CFR 25.981(c) of this
part in effect on [effective date of final
rule] or an FRM meeting the
requirements of Appendix K of this part,
except, instead of complying with
paragraph K25.1, the Fleet Average
Flammability Exposure level must not
exceed 7 percent.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
(d) If the application was made on or
after June 6, 2001, the requirements of
14 CFR 25.981 in effect on [effective
date of final rule] apply.
(e) Any design change to a type
certificate subject to this section that
adds an Auxiliary Fuel Tank or fuel
tank designed to be Normally Emptied,
that increases fuel tank capacity, or that
may increase the flammability exposure
of an existing fuel tank, must meet the
requirements of 14 CFR 25.981 in effect
on [effective date of final rule].
(f) For all fuel tanks, regardless of
flammability exposure, no later than the
applicable date specified in Table 1 of
this subpart, holders of type certificates
affected by this section must submit for
approval by the FAA Oversight Office,
critical design configuration control
limitations (CDCCL), inspections, or
other procedures to prevent increasing
the flammability exposure of the tanks
above that permitted under paragraph
(c) or (d) of this section and to prevent
degradation of the performance of any
means provided under paragraph (c) or
(d) of this section. These CDCCL,
inspections, and procedures must be
included in the Airworthiness
Limitations section of the ICA required
by 14 CFR 25.1529. Visible means to
identify critical features of the design
must be placed in areas of the airplane
where foreseeable maintenance actions,
repairs, or alterations may compromise
the critical design configuration
limitations. These visible means must
also be identified as CDCCL.
§ 25.1821 Newly produced airplanes: Fuel
tank flammability safety.
(a) Applicability: This section applies
to holders of type certificates for
airplanes, other than those designed or
produced solely for all-cargo operations,
subject to 14 CFR 25.1815(c) of this part
when application is made for original
certificates of airworthiness or export
airworthiness approvals after the
applicable dates shown in 14 CFR
25.1815(d) of this part. This section only
applies if the FAA has jurisdiction over
the organization responsible for final
assembly of the airplane.
(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 [effective date of final rule].
(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 level of
7 percent.
PO 00000
Frm 00033
Fmt 4701
Sfmt 4702
70953
(c) All other fuel tanks that exceed an
Fleet Average Flammability Exposure
level of 7 percent must have an IMM
that meets 14 CFR 25.981(c) in effect on
[effective date of final rule] or an FRM
that meets all of the requirements of
Appendix K to this part, except instead
of complying with paragraph K25.1, the
Fleet Average Flammability Exposure
level must not exceed 7 percent.
6. Part 25 is amended by adding a
new appendix K to read as follows:
Appendix K to Part 25—Fuel Tank System
Flammability Reduction Means
K25.1 Fuel tank flammability exposure
requirements
(a) The Fleet Average Flammability
Exposure level of each fuel tank, as
determined in accordance with Appendix L
of this part, must not exceed 3 percent of the
Flammability Exposure Evaluation Time
(FEET), as defined in Appendix L of this part.
If flammability reduction means (FRM) are
used, neither time periods when any FRM is
operational but the fuel tank is not inert, nor
time periods when any FRM is inoperative
may contribute more than 1.8 percent to the
3 percent average fleet flammability exposure
of a tank.
(b) The Fleet Average Flammability
Exposure, as defined in Appendix L of this
part, of each fuel tank for ground, takeoff and
climb phases of flight during warm days
must not exceed 3 percent of FEET in each
of these phases. The analysis must consider
the following conditions.
(1) The analysis must use the subset of
flights starting with a sea level ground
ambient temperature of 80°F (standard day
plus 21°F atmosphere) or more, from the
flammability exposure analysis done for
overall performance.
(2) For the ground, takeoff, and climb
phases of flight, the average flammability
exposure must be calculated by dividing the
time during the specific flight phase the fuel
tank is flammable by the total time of the
specific flight phase.
(3) Compliance with this paragraph may be
shown using only those flights for which the
airplane is dispatched with the flammability
reduction means operational.
K25.2 Showing compliance
(a) The applicant must provide data from
analysis, ground testing, and flight testing, or
any combination of these, that:
(1) Validate the parameters used in the
analysis required by paragraph K25.1;
(2) Substantiate that the FRM is effective at
limiting flammability exposure in all
compartments of each tank for which the
FRM is used to show compliance with
paragraph K25.1; and
(3) Describe the circumstances under
which the FRM would not be operated
during each phase of flight.
(b) The applicant must validate that the
FRM meets the requirements of paragraph
K25.1 with any combination of engine model,
engine thrust rating, fuel type, and relevant
pneumatic system configuration for which
approval is sought.
E:\FR\FM\23NOP2.SGM
23NOP2
70954
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
K25.3 Reliability indications and
maintenance access
(a) Reliability indications must be provided
to identify latent failures of the FRM.
(b) Sufficient accessibility to FRM
reliability indications must be provided for
maintenance personnel or the flightcrew.
(c) The access doors and panels to the fuel
tanks with FRMs (including any tanks that
communicate with a tank via a vent system),
and to any other confined spaces or enclosed
areas that could contain hazardous
atmosphere under normal conditions or
failure conditions must be permanently
stenciled, marked, or placarded to warn
maintenance personnel of the possible
presence of a potentially hazardous
atmosphere.
K25.4 Airworthiness limitations and
procedures
(a) If FRM is used to comply with
paragraph K25.1, Airworthiness Limitations
must be identified for all maintenance or
inspection tasks required to identify failures
of components within the FRM that are
needed to meet paragraph K25.1.
(b) Maintenance procedures must be
developed to identify any hazards to be
considered during maintenance of the FRM.
These procedures must be included in the
instructions for continued airworthiness
(ICA).
K25.5 Reliability reporting
The effects of airplane component failures
on FRM reliability must be assessed on an
on-going basis. The applicant must do the
following:
(a) Demonstrate effective means to ensure
collection of FRM reliability data. The means
must provide data affecting FRM reliability,
such as component failures.
(b) Provide a report to the FAA on a
quarterly basis for the first five years after
service introduction. After that period,
continued quarterly reporting may be
replaced with other reliability tracking
methods found acceptable to the FAA or
eliminated if it is established that the
reliability of the FRM meets, and will
continue to meet, the exposure requirements
of paragraph K25.1.
(c) Develop service instructions or revise
the applicable airplane manual, according to
a schedule approved by the FAA Oversight
Office, as defined in Subpart I of this part,
to correct any failures of the FRM that occur
in service that could increase any fuel tank’s
Fleet Average Flammability Exposure to
more than that required by paragraph K25.1.
7. Part 25 is amended by adding a
new appendix L to read as follows:
Appendix L to Part 25—Fuel Tank
Flammability Exposure and Reliability
Analysis
L25.1 General
(a) This appendix specifies the
requirements for conducting fuel tank fleet
average flammability exposure analyses
required to meet § 25.981(b) and Appendix K
of this part. This appendix defines
parameters affecting fuel tank flammability
that must be used in performing the analysis.
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
These include parameters that affect all
airplanes within the fleet, such as a statistical
distribution of ambient temperature, fuel
flash point, flight lengths, and airplane
descent rate. Demonstration of compliance
also requires application of factors specific to
the airplane model being evaluated. Factors
that need to be included are maximum range,
cruise mach number, typical altitude where
the airplane begins initial cruise phase of
flight fuel temperature during both ground
and flight times, and the performance of a
flammability reduction means (FRM) if
installed.
(b) The FAA program defined in FAA
document, Fuel Tank Flammability
Assessment Method Users Manual, must be
used as the means of compliance with
§ 25.981(b) and appendix K. [You must
proceed in accordance with FAA document,
Fuel Tank Flammability Assessment Method
Users Manual. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. You may obtain a copy
from the following Web site: https://
www.fire.tc.faa.gov/systems/fueltank/
FTFAM.stm_. You may inspect a copy at the
Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056 or at
the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington,
DC. The following definitions, input
variables, and data tables must be used in the
program to determine fleet average
flammability exposure for a specific airplane
model.
L25.2 Definitions
(a) Bulk Average Fuel Temperature means
the average fuel temperature within the fuel
tank or different sections of the tank if the
tank is subdivided by baffles or
compartments.
(b) Flammability Exposure Evaluation
Time (FEET). The time from the start of
preparing the airplane for flight, through the
flight and landing, until all payload is
unloaded, and all passengers and crew have
disembarked. In the Monte Carlo program,
the flight time is randomly selected from the
Flight Length Distribution (Table 3), the preflight times are provided as a function of the
flight time, and the post-flight time is a
constant 30 minutes.
(c) Flammable. With respect to a fluid or
gas, flammable means susceptible to igniting
readily or to exploding (14 CFR Part 1,
Definitions). A non-flammable ullage is one
where the fuel-air vapor is too lean or too
rich to burn or is inert as defined below. For
the purposes of this appendix, a fuel tank
that is not inert is considered flammable
when the bulk average fuel temperature
within the tank is within the flammable
range for the fuel type being used. For any
fuel tank that is subdivided into sections by
baffles or compartments, the tank is
considered flammable when the bulk average
fuel temperature within any section of the
tank, that is not inert, is within the
flammable range for the fuel type being used.
(d) Flash Point. The flash point of a
flammable fluid means the lowest
temperature at which the application of a
PO 00000
Frm 00034
Fmt 4701
Sfmt 4702
flame to a heated sample causes the vapor to
ignite momentarily, or ‘‘flash.’’ Table 1 of this
appendix provides the flash point for the
standard fuel to be used in the analysis.
(e) Fleet average flammability exposure is
the percentage of the flammability exposure
evaluation time (FEET) the fuel tank ullage
is flammable for a fleet of an airplane type
operating over the range of flight lengths in
a world-wide range of environmental
conditions and fuel properties as defined in
this appendix.
(f) Gaussian Distribution is another name
for the normal distribution, a symmetrical
frequency distribution having a precise
mathematical formula relating the mean and
standard deviation of the samples. Gaussian
distributions yield bell shaped frequency
curves having a preponderance of values
around the mean with progressively fewer
observations as the curve extends outward.
(g) Hazardous atmosphere. An atmosphere
that may expose maintenance personnel,
passengers or flight crew to the risk of death,
incapacitation, impairment of ability to selfrescue (that is, escape unaided from a
confined space), injury, or acute illness.
(h) Inert. For the purpose of this appendix,
the tank is considered inert when the bulk
average oxygen concentration within each
compartment of the tank is 12 percent or less
from sea level up to 10,000 feet altitude, then
linearly increasing from 12 percent at 10,000
feet to 14.5 percent at 40,000 feet altitude,
and extrapolated linearly above that altitude.
(i) Inerting. A process where a
noncombustible gas is introduced into the
ullage of a fuel tank so that the ullage
becomes non-flammable.
(j) Monte Carlo Analysis. The analytical
method that is specified in this appendix as
the compliance means for assessing the fleet
average flammability exposure time for a fuel
tank.
(k) Standard deviation is a statistical
measure of the dispersion or variation in a
distribution, equal to the square root of the
arithmetic mean of the squares of the
deviations from the arithmetic means.
(l) Transport Effects. For purposes of this
appendix, transport effects are the change in
fuel vapor concentration in a fuel tank
caused by low fuel conditions and fuel
condensation and vaporization.
(m) Ullage. The volume within the fuel
tank not occupied by liquid fuel.
L25.3 Fuel tank flammability exposure
analysis
(a) A flammability exposure analysis must
be conducted for the fuel tank under
evaluation to determine fleet average
flammability exposure for the airplane and
fuel types under evaluation. For fuel tanks
that are subdivided by baffles or
compartments, an analysis must be
performed either for each section of the tank,
or for the section of the tank having the
highest flammability exposure. Consideration
of transport effects is not allowed in the
analysis. The Monte Carlo program is
contained in FAA document, Fuel Tank
Flammability Assessment Method Users
Manual. The parameters specified in sections
L25.3(b) and (c) must be used in the fuel tank
flammability exposure ‘‘Monte Carlo’’
analysis.
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
(b) The following parameters are defined in
the Monte Carlo analysis and provided in
paragraph L25.4:
(1) Cruise Ambient Temperature—as
defined in this appendix.
(2) Ground Temperature—as defined in
this appendix.
(3) Fuel Flash Point—as defined in this
appendix.
(4) Flight Length Distribution—that must
be used is defined in Table 2 of this
appendix.
(5) Airplane Climb and Descent Profiles—
the applicant must use the climb and descent
profiles defined in the users manual.
(c) Parameters that are specific to the
particular airplane model under evaluation
that must be provided as inputs to the Monte
Carlo analysis are:
(1) Airplane Cruise Altitude.
(2) Fuel Tank Quantities. If fuel quantity
affects fuel tank flammability, inputs to the
Monte Carlo analysis must be provided that
represent the actual fuel quantity within the
fuel tank or compartment of the fuel tank
throughout each of the flights being
evaluated. Input values for this data must be
obtained from ground and flight test data or
the approved FAA fuel management
procedures.
(3) Airplane Cruise Mach Number.
(4) Airplane Maximum Range.
(5) Fuel Tank Thermal Characteristics. If
fuel temperature affects fuel tank
flammability, inputs to the Monte Carlo
analysis must be provided that represent the
actual bulk average fuel temperature within
the fuel tank throughout each of the flights
being evaluated. For fuel tanks that are
subdivided by baffles or compartments, bulk
average fuel temperature inputs must be
provided either for each section of the tank
or for the section of the tank having the
highest flammability exposure. Input values
for these data must be obtained from ground
and flight test data or a thermal model of the
tank that has been validated by ground and
flight test data.
(6) Maximum airplane operating
temperature limit as defined by any
limitations in the airplane flight manual.
(d) Fuel Tank FRM Model. If FRM is used,
an FAA approved Monte Carlo program must
be used to show compliance with the
flammability requirements of § 25.981 and
Appendix K of this part. The program must
determine the time periods during each flight
phase when the fuel tank or compartment
with the FRM would be flammable. The
following factors must be considered in
establishing these time periods:
(1) Any time periods throughout the
flammability exposure evaluation time and
under the full range of expected operating
conditions, when the FRM is operating
properly but fails to maintain a nonflammable fuel tank because of the effects of
the fuel tank vent system or other causes,
(2) If dispatch with the system inoperative
under the Master Minimum Equipment List
(MMEL) is requested, the time period
assumed in the reliability analysis, (60 flight
hours must be used for a 10-day MMEL
dispatch limit unless an alternative period
has been approved by the Administrator),
(3) Frequency and duration of time periods
of FRM inoperability, substantiated by test or
analysis acceptable to the FAA, caused by
latent or known failures, including airplane
system shut-downs and failures that could
cause the FRM to shut down or become
inoperative,
(4) Effects of failures of the FRM that could
increase the flammability exposure of the
fuel tank,
(5) Oxygen Evolution: If an FRM is used
that is affected by oxygen concentrations in
the fuel tank, the time periods when oxygen
evolution from the fuel results in the fuel
tank or compartment exceeding the inert
level. The applicant must include any times
when oxygen evolution from the fuel in the
tank or compartment under evaluation would
result in a flammable fuel tank. The oxygen
evolution rate that must be used is defined
in the user’s manual.
(6) If an inerting system FRM is used, the
effects of any air that may enter the fuel tank
following the last flight of the day due to
changes in ambient temperature, as defined
in Table 4, during a 12-hour overnight
period.
(e) The applicant must submit to the FAA
oversight office for approval the fuel tank
flammability analysis, including the airplanespecific parameters identified under
paragraph L25.3(c) of this appendix and any
deviations from the parameters identified in
paragraph L25.3(b), that affect flammability
exposure, substantiating data, and any
airworthiness limitations and other
conditions assumed in the analysis, must be
submitted.
L25.4 Variables and data tables
The following data must be used when
conducting a flammability exposure analysis
to determine the fleet average flammability
exposure. Variables used to calculate fleet
flammability exposure must include
atmospheric ambient temperatures, flight
length, flammability exposure evaluation
time, fuel flash point, thermal characteristics
70955
of the fuel tank, overnight temperature drop,
and oxygen evolution from the fuel into the
ullage.
(a) Atmospheric Ambient Temperatures
and Fuel Properties.
(1) In order to predict flammability
exposure during a given flight, the variation
of ground ambient temperatures, cruise
ambient temperatures, and a method to
compute the transition from ground to cruise
and back again must be used. The variation
of the ground and cruise ambient
temperatures and the flash point of the fuel
is defined by a Gaussian curve, given by the
50 percent value and a ± 1-standard deviation
value.
(2) Ambient Temperature: Under the
program, the ground and cruise ambient
temperatures are linked by a set of
assumptions on the atmosphere. The
temperature varies with altitude following
the International Standard Atmosphere (ISA)
rate of change from the ground ambient
temperature until the cruise temperature for
the flight is reached. Above this altitude, the
ambient temperature is fixed at the cruise
ambient temperature. This results in a
variation in the upper atmospheric
temperature. For cold days, an inversion is
applied up to 10,000 feet, and then the ISA
rate of change is used.
(3) Fuel properties:
(A) For Jet A fuel, the variation of flash
point of the fuel is defined by a Gaussian
curve, given by the 50 percent value and a
± 1-standard deviation, as shown in Table 1.
(B) The flammability envelope of the fuel
that must be used for the flammability
exposure analysis is a function of the flash
point of the fuel selected by the Monte Carlo
for a given flight. The flammability envelope
for the fuel is defined by the upper
flammability limit (UFL) and lower
flammability limit (LFL) as follows:
(i) LFL at sea level = flash point
temperature of the fuel at sea level minus 10
°F. LFL decreases from sea level value with
increasing altitude at a rate of 1 °F per 808
feet.
(ii) UFL at sea level = flash point
temperature of the fuel at sea level plus 63.5
°F. UFL decreases from the sea level value
with increasing altitude at a rate of 1 °F per
512 feet.
(4) For each flight analyzed, a separate
random number must be generated for each
of the three parameters (ground ambient
temperature, cruise ambient temperature, and
fuel flash point) using the Gaussian
distribution defined in Table 1.
TABLE 1.—GAUSSIAN DISTRIBUTION FOR GROUND AMBIENT TEMPERATURE, CRUISE AMBIENT TEMPERATURE, AND FUEL
FLASH POINT
Temperature in deg F
Parameter
Ground ambient
temperature
Mean Temp ......................................................................................................................
Neg 1 std dev ..................................................................................................................
Pos 1 std dev ...................................................................................................................
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
PO 00000
Frm 00035
Fmt 4701
Sfmt 4702
Cruise ambient
temperature
¥70
8
8
59.95
20.14
17.28
E:\FR\FM\23NOP2.SGM
23NOP2
Fuel flash point
(FP)
120
8
8
70956
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
(b) The Flight Length Distribution defined
in Table 2 must be used in the Monte Carlo
analysis.
TABLE 2.—FLIGHT LENGTH DISTRIBUTION
Flight length (NM)
From
To
Airplane maximum range—nautical miles (NM)
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
Distribution of flight lengths (percentage of total)
0 ............
200 ........
400 ........
600 ........
800 ........
1000 ......
1200 ......
1400 ......
1600 ......
1800 ......
2000 ......
2200 ......
2400 ......
2600 ......
2800 ......
3000 ......
3200 ......
3400 ......
3600 ......
3800 ......
4000 ......
4200 ......
4400 ......
4600 ......
4800 ......
5000 ......
5200 ......
5400 ......
5600 ......
5800 ......
6000 ......
6200 ......
6400 ......
6600 ......
6800 ......
7000 ......
7200 ......
7400 ......
7600 ......
7800 ......
8000 ......
8200 ......
8400 ......
8600 ......
8800 ......
9000 ......
9200 ......
9400 ......
9600 ......
9800 ......
200 ........
400 ........
600 ........
800 ........
1000 ......
1200 ......
1400 ......
1600 ......
1800 ......
2000 ......
2200 ......
2400 ......
2600 ......
2800 ......
3000 ......
3200 ......
3400 ......
3600 ......
3800 ......
4000 ......
4200 ......
4400 ......
4600 ......
4800 ......
5000 ......
5200 ......
5400 ......
5600 ......
5800 ......
6000 ......
6200 ......
6400 ......
6600 ......
6800 ......
7000 ......
7200 ......
7400 ......
7600 ......
7800 ......
8000 ......
8200 ......
8400 ......
8600 ......
8800 ......
9000 ......
9200 ......
9400 ......
9600 ......
9800 ......
10000 ....
11.7
27.3
46.3
10.3
4.4
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
7.5
19.9
40.0
11.6
8.5
4.8
3.6
2.2
1.2
0.7
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
(c) Overnight Temperature Drop. For
airplanes on which FRM is installed, the
overnight temperature drop for this appendix
is defined using:
(1) A temperature at the beginning of the
overnight period that equals the landing
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
6.2
17.0
35.7
11.0
8.6
5.3
4.4
3.3
2.3
2.2
1.6
1.1
0.7
0.4
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
5.5
15.2
32.6
10.2
8.2
5.3
4.5
3.5
2.6
2.6
2.1
1.6
1.2
0.9
0.6
0.6
0.7
0.7
0.9
0.5
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
4.7
13.2
28.5
9.1
7.4
4.8
4.2
3.3
2.5
2.6
2.2
1.7
1.4
1.0
0.7
0.8
1.1
1.3
2.2
2.0
2.1
1.4
1.0
0.6
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
4.0
11.4
24.9
8.0
6.6
4.3
3.8
3.1
2.4
2.5
2.1
1.7
1.4
1.1
0.8
0.8
1.2
1.6
2.7
2.6
3.0
2.2
2.0
1.5
1.0
0.8
0.8
0.9
0.6
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
temperature of the previous flight that is a
random value based on a Gaussian
distribution; and
(2) An overnight temperature drop that is
a random value based on a Gaussian
distribution.
PO 00000
Frm 00036
Fmt 4701
Sfmt 4702
3.4
9.7
21.2
6.9
5.7
3.8
3.3
2.7
2.1
2.2
1.9
1.6
1.3
1.0
0.7
0.8
1.2
1.6
2.8
2.8
3.2
2.5
2.3
1.8
1.4
1.1
1.2
1.7
1.6
1.8
1.7
1.4
0.9
0.5
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
3.0
8.5
18.7
6.1
5.0
3.3
3.0
2.4
1.9
2.0
1.7
1.4
1.2
0.9
0.7
0.8
1.1
1.5
2.7
2.8
3.3
2.6
2.5
2.0
1.5
1.3
1.5
2.1
2.2
2.4
2.6
2.4
1.8
1.2
0.8
0.4
0.3
0.2
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
2.6
7.5
16.4
5.4
4.5
3.0
2.7
2.2
1.7
1.8
1.6
1.3
1.1
0.9
0.6
0.7
1.1
1.5
2.6
2.7
3.2
2.6
2.5
2.0
1.6
1.3
1.6
2.2
2.4
2.8
3.1
2.9
2.2
1.6
1.1
0.7
0.5
0.5
0.5
0.6
0.5
0.5
0.6
0.4
0.2
0.0
0.0
0.0
0.0
0.0
2.3
6.7
14.8
4.8
4.0
2.7
2.4
2.0
1.6
1.7
1.4
1.2
1.0
0.8
0.6
0.7
1.0
1.4
2.5
2.6
3.1
2.5
2.4
2.0
1.5
1.3
1.6
2.3
2.5
2.9
3.3
3.1
2.5
1.9
1.3
0.8
0.7
0.6
0.7
0.8
0.8
1.0
1.3
1.1
0.8
0.5
0.2
0.1
0.1
0.1
(3) For any flight that will end with an
overnight ground period (one flight per day
out of an average of number of flights per
day, depending on utilization of the
particular airplane model being evaluated),
the landing outside air temperature (OAT) is
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
to be chosen as a random value from the
following Gaussian curve:
(4) The outside ambient air temperature
(OAT) overnight temperature drop is to be
chosen as a random value from the following
Gaussian curve:
TABLE 3.—LANDING OUTSIDE AIR
TEMPERATURE
Parameter
TABLE 4.—OUTSIDE AIR
TEMPERATURE (OAT) DROP
Landing outside
air temperature
°F
Mean Temperature .......
negative 1 std dev ........
positive 1 std dev .........
58.68
20.55
13.21
OAT drop
temperature °F
Parameter
Mean Temp ..................
1 std dev .......................
12.0
6.0
70957
(d) Number of Simulated Flights Required
in Analysis. In order for the Monte Carlo
analysis to be valid for showing compliance
with the fleet average and warm day
flammability exposure requirements, the
applicant must run the analysis for a
minimum number of flights to ensure that the
fleet average and warm day flammability
exposure for the fuel tank under evaluation
meets the applicable flammability limits
defined in Table 5.
TABLE 5.—FLAMMABILITY EXPOSURE LIMIT
Maximum acceptable Monte Carlo
average fuel tank
flammability exposure (%) to meet
3% requirements
Minimum number of flights in Monte Carlo analysis
10,000 ......................................................................................................................................................
100,000 ....................................................................................................................................................
1,000,000 .................................................................................................................................................
9. Amend § 91.1 by adding a new
paragraph (d) to read as follows:
airplane. Such actions may include, but
are not limited to, revising the
inspection program, incorporating
design changes, and incorporating
revisions to Instructions for Continued
Airworthiness (ICA).
(b) For purposes of this subpart, the
‘‘FAA Oversight Office’’ is the aircraft
certification office or office of the
Transport Airplane Directorate with
oversight responsibility for the relevant
type certificate or supplemental type
certificate, as determined by the
Administrator.
§ 91.1
§§ 91.1503–91.1507
PART 91—GENERAL OPERATING AND
FLIGHT RULES
8. The authority citation for part 91
continues to read as follows:
Authority: 49 U.S.C. 1155, 40103, 40113,
40120, 44101, 44111, 44701, 44709, 44711,
44715, 44716, 11417, 44722, 46306, 36315,
46316, 46504, 46506–46507, 47122, 47508,
47528–47531, articles 12 and 20 of the
Convention on International Civil Aviation
(61 stat. 1180).
Applicability.
*
*
*
*
*
(d) This part also establishes
requirements for operators to take
actions to support the continued
airworthiness of each airplane.
10. Amend part 91 by adding a new
subpart L to read as follows:
§ 91.1509
Subpart L—Continued Airworthiness and
Safety Improvements
Sec.
91.1501 Purpose and definition.
91.1503–91.1507 [Reserved]
91.1509 Flammability reduction means.
Subpart L—Continued Airworthiness
and Safety Improvements
§ 91.1501
Purpose and definition.
(a) This subpart establishes
requirements for operators to take
actions necessary to support the
continued airworthiness of each
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
[Reserved]
Flammability reduction means.
(a) Applicability. This section applies
to persons operating transport category,
turbine-powered airplanes for which
development of an ignition mitigation
means (IMM), flammability reduction
means (FRM), or Flammability Impact
Mitigation Means (FIMM) is required
under §§ 25.1815, 25.1817, or 25.1819 of
this chapter.
(b) New Production Airplanes. Except
in accordance with § 91.213 of this part,
no person may operate an airplane on
which IMM or FRM has been installed
by the type certificate holder or licensee
under 14 CFR 25.1821 unless the IMM
or FRM is operational.
(c) Auxiliary Fuel Tanks. After the
applicable date stated in paragraphs
(e)(1) and (e)(2), no person may operate
any airplane subject to this section that
PO 00000
Frm 00037
Fmt 4701
Sfmt 4702
2.91
2.98
3.00
Maximum acceptable Monte Carlo
average fuel tank
flammability exposure (%) to meet
7% requirements
6.79
6.96
7.00
has an Auxiliary fuel tank installed
pursuant to a field approval, unless the
following requirements are met:
(1) The person complies with 14 CFR
25.1817 by the applicable date stated in
that section.
(2) The person installs IMM, FRM, or
FIMM, as applicable, that is approved
by the FAA Oversight Office.
(3) Except in accordance with
§ 91.213 of this part, the IMM, FRM, or
FIMM, as applicable, are operational.
(d) Retrofit. After the dates specified
in paragraph (e) of this section, no
person may operate an airplane to
which this section applies unless the
requirements of paragraphs (d)(1) and
(d)(2) of this section are met.
(1) IMM, FRM, and FIMM, if required
by §§ 25.1815, 25.1817, or 25.1819 of
this chapter, that are approved by the
FAA Oversight Office, are installed in at
least the percentage of the operator’s
fleet of each airplane model indicated in
the applicable column of Table 1 of this
section.
(2) Except in accordance with
§ 91.213 of this part, the IMM, FRM, and
FIMM, as applicable, are operational.
(e) Compliance Times. The
installations required by paragraph (d)
of this section must be accomplished no
later than the applicable dates specified
in paragraph (e)(1) or (e)(2) of this
section.
(1) The applicable dates specified in
Table 1.
E:\FR\FM\23NOP2.SGM
23NOP2
70958
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
TABLE 1
Model
Compliance date for 100% of
fleet
Compliance date for 50% of fleet
Boeing
747 Series ....................................................................
737 Series ....................................................................
777 Series ....................................................................
767 Series ....................................................................
757 Series ....................................................................
707/720 Series .............................................................
December 31, 2009 ....................................................
March 31, 2010 ...........................................................
March 31, 2010 ...........................................................
September 30, 2010 ...................................................
March 31, 2011 ...........................................................
December 31, 2011 ....................................................
December 31, 2012.
March 31, 2013.
March 31, 2013.
September 30, 2013.
March 31, 2014.
December 31, 2014.
Airbus
A319, A320, A321 Series ............................................
A300, A310 Series .......................................................
A330, A340 Series .......................................................
All other affected models .............................................
(2) For those persons that have only
one airplane of a model identified in
Table 1, the compliance date is that
stated for 100% of Fleet in Table 1 of
this section.
(f) Early Compliance.
Notwithstanding paragraphs (c) and (d)
of this section, no person may operate
an airplane on which IMM, FRM or
FIMM has been installed unless the
IMM, FRM or FIMM is operational,
except in accordance with § 91.213 of
this part.
(g) Inspection Program Revisions. No
person may operate an airplane to
which this section applies after the date
specified in paragraph (g)(1) or (g)(2) of
this section, as applicable, unless the
inspection program for that airplane is
revised to include applicable
airworthiness limitations that are
approved by the FAA Oversight Office
under §§ 25.1815, 25.1817 or 25.1819 of
this chapter.
(1) For any airplane that must be
modified in accordance with paragraph
(d) of this section, the date of return to
service after those modifications are
accomplished.
(2) For any airplane that is not
required to be modified in accordance
with paragraph (d) of this section, the
date one year after the date of approval
of the airworthiness limitations by the
FAA Oversight Office.
(h) After the inspection program is
revised as required by paragraph (g) of
this section, before returning an airplane
to service after any alteration for which
airworthiness limitations are required
by §§ 25.1817, or 25.1819 of this
chapter, the person must revise the
inspection program for the airplane to
include those airworthiness limitations.
(i) The inspection program changes
identified in paragraphs (g) and (h) of
this section must be submitted to the
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
December 31, 2010 ....................................................
June 30, 2011 .............................................................
December 31, 2011 ....................................................
Within 4 years after the effective date of this amendment.
operator’s Principal Inspector or the
Flight Standards District Office (FSDO)
responsible for review and approval
prior to incorporation.
§ 91.410
[Redesignated as § 91.1505]
11. Redesignate § 91.410 as new
§ 91.1505.
§ 91.410
[Added and Reserved]
12. A new § 91.410 is added and
reserved.
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
13. The authority citation for part 121
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44012, 46105, 46105, 46301.
14. Amend § 121.1 by adding a new
paragraph (g) to read as follows:
§ 121.1
Applicability.
*
*
*
*
*
(g) This part also establishes
requirements for operators to take
actions to support the continued
airworthiness of each airplane.
15. Amend part 121 by adding a new
Subpart AA to read as follows:
Subpart AA—Continued Airworthiness and
Safety Improvements
Sec.
121.1101 Purpose and definition.
121.1103–121.1115 [Reserved]
121.1117 Flammability reduction means.
Subpart AA—Continued Airworthiness
and Safety Improvements
§ 121.1101
Purpose and definition.
(a) This subpart requires persons
holding an air carrier or operating
certificate under part 119 of this chapter
to support the continued airworthiness
PO 00000
Frm 00038
Fmt 4701
Sfmt 4702
December 31, 2013.
June 30, 2014.
December 31, 2014.
Within 7 years after the effective
date of this amendment.
of each airplane. These requirements
may include, but are not limited to,
revising the maintenance program,
incorporating design changes, and
incorporating revisions to Instructions
for Continued Airworthiness.
(b) For purposes of this subpart, the
‘‘FAA Oversight Office’’ is the aircraft
certification office or office of the
Transport Airplane Directorate with
oversight responsibility for the relevant
type certificate or supplemental type
certificate, as determined by the
Administrator.
§ 121.1103–121.1115
§ 121.1117
[Reserved]
Flammability reduction means.
(a) Applicability. This section applies
to certificate holders operating transport
category, turbine-powered airplanes for
which development of an ignition
mitigation means (IMM), flammability
reduction means (FRM), or
Flammability Impact Mitigation Means
(FIMM) is required under §§ 25.1815,
25.1817, or 25.1819 of this chapter.
(b) New Production Airplanes. Except
in accordance with § 121.628 of this
part, no person may operate an airplane
on which IMM or FRM has been
installed by the type certificate holder
or licensee under 14 CFR 25.1821 unless
the IMM or FRM is operational.
(c) Auxiliary Fuel Tanks. After the
applicable date stated in paragraphs
(e)(1) and (e)(2) of this section, no
certificate holder may operate any
airplane subject to this section that has
an Auxiliary Fuel Tank installed
pursuant to a field approval, unless the
following requirements are met:
(1) The certificate holder complies
with 14 CFR 25.1817 by the applicable
date stated in that section.
(2) The certificate holder installs
IMM, FRM or FIMM, as applicable, that
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
is approved by the FAA Oversight
Office.
(3) Except in accordance with
§ 121.628 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
(d) Retrofit. After the dates specified
in paragraph (e) of this section, no
certificate holder may operate an
airplane to which this section applies
unless the requirements of paragraphs
(d)(1) and (d)(2) of this section are met.
(1) IMM, FRM or FIMM, if required by
§§ 25.1815, 25.1817, or 25.1819 of this
chapter, that are approved by the FAA
Oversight Office, are installed in at least
the percentage of the operator’s fleet of
each airplane model indicated in the
applicable column of Table 1 of this
section.
(2) Except in accordance with
§ 121.628 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
70959
(e) Compliance Times. The
installations required by paragraph (d)
of this section must be accomplished no
later than the applicable dates specified
in paragraph (e)(1) or (e)(2) of this
section.
(1) The applicable dates specified in
Table 1.
TABLE 1
Model
Compliance date for 100% of
fleet
Compliance date for 50% of fleet
Boeing
747 Series ....................................................................
737 Series ....................................................................
777 Series ....................................................................
767 Series ....................................................................
757 Series ....................................................................
707/720 Series .............................................................
December 31, 2009 ....................................................
March 31, 2010 ...........................................................
March 31, 2010 ...........................................................
September 30, 2010 ...................................................
March 31, 2011 ...........................................................
December 31, 2011 ....................................................
December 31, 2012.
March 31, 2013.
March 31, 2013.
September 30, 2013.
March 31, 2014.
December 31, 2014.
Airbus
A319, A320, A321 Series ............................................
A300, A310 Series .......................................................
A330, A340 Series .......................................................
All other affected models .............................................
(2) For those certificate holders that
have only one airplane of a model
identified in Table 1, the compliance
date is that stated for 100 percent of
Fleet in Table 1 of this section.
(f) Early Compliance.
Notwithstanding paragraphs (c) and (d)
of this section, no person may operate
an airplane on which IMM or FRM has
been installed unless the IMM or FRM
is operational, except in accordance
with § 121.628 of this part.
(g) Maintenance Program Revisions.
No certificate holder may operate an
airplane to which this section applies
after the date specified in paragraph
(g)(1) or (g)(2) of this section, as
applicable, unless the maintenance
program for that airplane is revised to
include applicable airworthiness
limitations that are approved by the
FAA Oversight Office under §§ 25.1815,
25.1817 or 25.1819 of this chapter.
(1) For any airplane that must be
modified in accordance with paragraph
(d) of this section, the date of return to
service after those modifications are
accomplished.
(2) For any airplane that is not
required to be modified in accordance
with paragraph (d) of this section, the
date one year after the date approval of
the airworthiness limitations by the
FAA Oversight Office.
(h) After the maintenance program is
revised as required by paragraph (g) of
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
December 31, 2010 ....................................................
June 30, 2011 .............................................................
December 31, 2011 ....................................................
Within 4 years after the effective date of this amendment.
this section, before returning an airplane
to service after any alteration for which
airworthiness limitations are required
by §§ 25.1817, or 25.1819 of this
chapter, the certificate holder must
revise the maintenance program for the
airplane to include those airworthiness
limitations.
(i) The maintenance program changes
identified in paragraphs (g) and (h) of
this section must be submitted to the
operator’s Principal Inspector
responsible for review and approval
prior to incorporation
§ 121.368
[Redesignated as § 121.1105]
§ 121.370a
December 31, 2013.
June 30, 2014.
December 31, 2014.
Within 7 years after the effective
date of this amendment.
[Added and Reserved]
PART 125—CERTIFICATION AND
OPERATIONS; AIRPLANES HAVING A
SEATING CAPCITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
22. The authority citation for part 125
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44710–44711, 44713, 44716–
44717, 44722
16. Redesignate 121.368 as new
§ 121.1105.
23. Amend § 125.1 by adding a new
paragraph (e) to read as follows:
§ 121.368
§ 125.1
[Added and Reserved]
17. A new § 121.368 is added and
reserved.
§ 121.370
[Redesignated as § 121.1107]
18. Redesignate § 121.370 as new
§ 121.1107.
§ 121.370
[Added and Reserved]
Applicability.
*
*
*
*
*
(e) This part also establishes
requirements for operators to take
actions to support the continued
airworthiness of each airplane.
24. Amend part 125 by adding a new
subpart M to read as follows:
19. A new § 121.370 is added and
reserved.
Subpart M—Continued Airworthiness and
Safety Improvements
§ 121.370a
Sec.
125.501 Purpose and definition.
125.503–125.507 [Reserved]
125.509 Flammability reduction means.
[Redesignated as § 121.1109]
20–21. Redesignate § 121.370a as new
§ 121.1109.
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
E:\FR\FM\23NOP2.SGM
23NOP2
70960
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
Subpart M—Continued Airworthiness
and Safety Improvements
§ 125.501
Purpose and definition.
(a) This subpart establishes
requirements for operators to take
actions necessary to report the
continued airworthiness of each
airplane. Such actions may include, but
are not limited to, revising the
inspection program, incorporating
design changes, and incorporating
revisions to Instructions for Continued
Airworthiness.
(b) For purposes of this subpart, the
‘‘FAA Oversight Office’’ is the aircraft
certification office or office of the
Transport Airplane Directorate with
oversight responsibility for the relevant
type certification or supplemental type
certificate, as determined by the
Administrator.
§§ 125.503–125.507
§ 125.509
[Reserved]
Flammability reduction means.
(a) Applicability. This section applies
to certificate holders operating transport
category, turbine-powered airplanes for
which development of an ignition
mitigation means (IMM), flammability
reduction means (FRM), or
Flammability Impact Mitigation Means
(FIMM) is required under §§ 25.1815,
25.1817, or 25.1819 of this chapter.
(b) New Production Airplanes. Except
in accordance with § 125.201 of this
part, no person may operate an airplane
on which IMM or FRM has been
installed by the type certificate holder
or licensee under 14 CFR 25.1821 unless
the IMM or FRM is operational.
(c) Auxiliary Fuel Tanks. After the
applicable date stated in paragraphs
(e)(1) and (e)(2) of this section, no
certificate holder may operate any
airplane subject to this section that has
an Auxiliary Fuel Tank installed
pursuant to a field approval, unless the
following requirements are met—
(1) The certificate holder complies
with 14 CFR 25.1817 by the applicable
date stated in that section.
(2) The certificate holder installs
IMM, FRM or FIMM, as applicable, that
is approved by the FAA Oversight
Office.
(3) Except in accordance with
§ 125.201 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
(d) Retrofit. After the dates specified
in paragraph (e) of this section, no
certificate holder may operate an
airplane to which this section applies
unless the requirements of paragraphs
(d)(1) and (d)(2) of this section are met.
(1) IMM, FRM or FIMM, if required by
§§ 25.1815, 25.1817, or 25.1819 of this
chapter, that are approved by the FAA
Oversight Office, are installed in at least
the percentage of the operator’s fleet of
each airplane model indicated in the
applicable column of Table 1 of this
section.
(2) Except in accordance with
§ 125.201 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
(e) Compliance Times. The
installations required by paragraph (d)
of this section must be accomplished no
later than the applicable dates specified
in paragraph (e)(1) or (e)(2) of this
section.
(1) The applicable dates specified in
Table 1.
TABLE 1
Model
Compliance date for 100% of
fleet
Compliance date for 50% of fleet
Boeing
747 Series ....................................................................
737 Series ....................................................................
777 Series ....................................................................
767 Series ....................................................................
757 Series ....................................................................
707/720 Series .............................................................
December 31, 2009 ....................................................
March 31, 2010 ...........................................................
March 31, 2010 ...........................................................
September 30, 2010 ...................................................
March 31, 2011 ...........................................................
December 31, 2011 ....................................................
December 31, 2012.
March 31, 2013.
March 31, 2013.
September 30, 2013.
March 31, 2014.
December 31, 2014.
Airbus
A319, A320, A321 Series ............................................
A300, A310 Series .......................................................
A330, A340 Series .......................................................
All other affected models .............................................
(2) For those certificate holders that
have only one airplane of a model
identified in Table 1, the compliance
date is that stated for 100 percent of
Fleet in Table 1 of this section.
(f) Early Compliance.
Notwithstanding paragraphs (c) and (d)
of this section, no person may operate
an airplane on which IMM or FRM has
been installed unless the IMM or FRM
is operational, except in accordance
with § 125.201 of this part.
(g) Maintenance Program Revisions.
No certificate holder may operate an
airplane to which this section applies
after the date specified in paragraph
(g)(1) or (g)(2) of this section, as
applicable, unless the maintenance
VerDate Aug<31>2005
18:10 Nov 22, 2005
Jkt 208001
December 31, 2010 ....................................................
June 30, 2011 .............................................................
December 31, 2011 ....................................................
Within 4 years after the effective date of this amendment.
program for that airplane is revised to
include applicable airworthiness
limitations that are approved by the
FAA Oversight Office under §§ 25.1815,
25.1817 or 25.1819 of this chapter.
(1) For any airplane that must be
modified in accordance with paragraph
(d) of this section, the date of return to
service after those modifications are
accomplished.
(2) For any airplane that is not
required to be modified in accordance
with paragraph (d) of this section, the
date one year after the date approval of
the airworthiness limitations by the
FAA Oversight Office.
(h) After the maintenance program is
revised as required by paragraph (g) of
PO 00000
Frm 00040
Fmt 4701
Sfmt 4702
December 31, 2013.
June 30, 2014.
December 31, 2014.
Within 7 years after the effective
date of this amendment.
this section, before returning an airplane
to service after any alteration for which
airworthiness limitations are required
by §§ 25.1817, or 25.1819 of this
chapter, the certificate holder must
revise the maintenance program for the
airplane to include those airworthiness
limitations.
(i) The maintenance program changes
identified in paragraphs (g) and (h) of
this section must be submitted to the
operator’s Principal Inspector
responsible for review and approval
prior to incorporation.
§ 125.248
[Redesignated as § 125.505]
25. Redesignate § 125.248 as new
§ 125.505.
E:\FR\FM\23NOP2.SGM
23NOP2
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
§ 125.248
129.21 Control of traffic.
129.23 Transport category cargo service
airplanes: Increased zero fuel and
landing weights.
129.25 Airplane security.
129.28 Flightdeck security.
129.29 Smoking prohibitions.
[Added and Reserved]
26. A new § 125.248 is added and
reserved.
PART 129—OPERATIONS: FOREIGN
AIR CARRIERS AND FOREIGN
OPERATORS OF U.S.-REGISTERED
AIRCRAFT ENGAGED IN COMMON
CARRIAGE
30. Amend part 129 by adding subpart
B to read as follows:
27. The authority citation for part 129
continues to read as follows:
Authority: 49 U.S.C. 1372, 49113, 440119,
44101, 44701–44702, 447–5, 44709–44711,
44713, 44716–44717, 44722, 44901–44904,
44906, 44912, 44105, 107–71 sec. 104.
Subpart B—Continued Airworthiness and
Safety Improvements
Sec.
129.101 Purpose and definition.
129.103–129.115 [Reserved]
129.117 Flammability reduction means.
28. Amend § 129.1 by revising
paragraph (b), and adding a new
paragraph (d) to read as follows:
Subpart B—Continued Airworthiness
and Safety Improvements
§ 129.1
(a) This subpart requires a foreign
person or foreign air carrier operating a
U.S.-registered airplane in common
carriage to support the continued
airworthiness of each airplane. These
requirements may include, but are not
limited to, revising the maintenance
program, incorporating design changes,
and incorporating revisions to
Instructions for Continued
Airworthiness.
(b) For purposes of this subpart, the
‘‘FAA Oversight Office’’ is the aircraft
certification office or office of the
Transport Airplane Directorate with
oversight responsibility for the relevant
type certificate or supplemental type
certificate, as determined by the
Administrator.
§ 129.101
Applicability and definition.
*
*
*
*
*
(b) Operations of U.S.-registered
aircraft solely outside the United States.
In addition to the operations specified
under paragraph (a) of this section,
§§ 129.14 and 129.20 and subpart B of
this part also apply to U.S.-registered
aircraft operated solely outside the
United States in common carriage by a
foreign person or foreign air carrier.
*
*
*
*
*
(d) This part also establishes
requirements for an operator to take
actions to support the continued
airworthiness of each airplane.
29. Amend part 129 by adding subpart
A and designating § 129.1 through
§ 129.15 and § 129.17 through § 129.29
into subpart A to read as follows:
Subpart A—General
Sec.
129.1 Applicability and definitions.
129.11 Operations specifications.
129.13 Airworthiness and registration
certificates.
129.14 Maintenance program and minimum
equipment list requirements for U.S.
registered aircraft.
129.15 Flight crewmember certificates.
129.17 Radio equipment.
129.18 Collision avoidance system.
129.19 Air traffic rules and procedures.
129.20 Digital flight data recorders.
Purpose and definition.
§ § 129.103–129.115
§ 129.117
[Reserved]
Flammability reduction means.
(a) Applicability. This section applies
to foreign persons and foreign air
carriers operating transport category,
turbine-powered airplanes for which
development of an ignition mitigation
means (IMM), flammability reduction
means (FRM), or Flammability Impact
Mitigation Means (FIMM) is required
under §§ 25.1815, 25.1817, or 25.1819 of
this chapter.
(b) New Production Airplanes. Except
in accordance with § 129.14 of this part,
70961
no foreign person or foreign air carrier
may operate an airplane on which IMM
or FRM has been installed by the type
certificate holder or licensee under 14
CFR 25.1821 unless the IMM or FRM is
operational.
(c) Auxiliary Fuel Tanks. After the
applicable date stated in paragraphs
(e)(1) and (e)(2), no foreign person or
foreign air carrier may operate any
airplane subject to this section that has
an Auxiliary Fuel Tank installed
pursuant to a field approval, unless the
following requirements are met:
(1) The foreign person or foreign air
carrier complies with 14 CFR 25.1817
by the applicable date stated in that
section.
(2) The foreign person or foreign air
carrier installs IMM, FRM or FIMM, as
applicable, that are approved by the
FAA Oversight Office.
(3) Except in accordance with
§ 129.14 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
(d) Retrofit. After the dates specified
in paragraph (e) of this section, no
foreign person or foreign air carrier may
operate an airplane to which this
section applies unless the requirements
of paragraphs (d)(1) and (d)(2) of this
section are met.
(1) IMM, FRM or FIMM, if required by
§§ 25.1815, 25.1817, or 25.1819 of this
chapter, that are approved by the FAA
Oversight Office, are installed in at least
the percentage of the operator’s fleet of
each airplane model indicated in the
applicable column of Table 1 of this
section.
(2) Except in accordance with
§ 129.14 of this part, the IMM, FRM or
FIMM, as applicable, are operational.
(e) Compliance Times. The
installations required by paragraph (d)
of this section must be accomplished no
later than the applicable dates specified
in paragraph (e)(1) or (e)(2) of this
section.
(1) The applicable dates specified in
Table 1.
TABLE 1
Model
Compliance date for 100% of
fleet
Compliance date for 50% of fleet
Boeing
747 Series ....................................................................
737 Series ....................................................................
777 Series ....................................................................
767 Series ....................................................................
757 Series ....................................................................
707/720 Series .............................................................
December 31, 2009 ....................................................
March 31, 2010 ...........................................................
March 31, 2010 ...........................................................
September 30, 2010 ...................................................
March 31, 2011 ...........................................................
December 31, 2011 ....................................................
December 31, 2012.
March 31, 2013.
March 31, 2013.
September 30, 2013.
March 31, 2014.
December 31, 2014.
Airbus
A319, A320, A321 Series ............................................
VerDate Aug<31>2005
18:10 Nov 22, 2005
Jkt 208001
PO 00000
December 31, 2010 ....................................................
Frm 00041
Fmt 4701
Sfmt 4702
E:\FR\FM\23NOP2.SGM
December 31, 2013.
23NOP2
70962
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
TABLE 1—Continued
Model
Compliance date for 50% of fleet
Compliance date for 100% of
fleet
A300, A310 Series .......................................................
A330, A340 Series .......................................................
All other affected models .............................................
June 30, 2011 .............................................................
December 31, 2011 ....................................................
Within 4 years after the effective date of this amendment.
June 30, 2014.
December 31, 2014.
Within 7 years after the effective
date of this amendment.
(2) For those foreign persons or
foreign air carriers that have only one
airplane of a model identified in Table
1, the compliance date is that stated for
100 percent of Fleet in Table 1 of this
section.
(f) Early Compliance.
Notwithstanding paragraphs (c) and (d)
of this section, no person may operate
an airplane on which IMM or FRM has
been installed unless the IMM or FRM
is operational, except in accordance
with § 129.14 of this part.
(g) Maintenance Program Revisions.
No foreign person or foreign air carrier
may operate an airplane to which this
section applies after the date specified
in paragraph (g)(1) or (g)(2) of this
section, as applicable, unless the
maintenance program for that airplane
is revised to include applicable
airworthiness limitations that are
approved by the FAA Oversight Office
under §§ 25.1815, 25.1817 or 25.1819 of
this chapter.
(1) For any airplane that must be
modified in accordance with paragraph
VerDate Aug<31>2005
17:29 Nov 22, 2005
Jkt 208001
(d) of this section, the date of return to
service after those modifications are
accomplished.
(2) For any airplane that is not
required to be modified in accordance
with paragraph (d) of this section, the
date one year after the date approval of
the airworthiness limitations by the
FAA Oversight Office.
(h) After the maintenance program is
revised as required by paragraph (g) of
this section, before returning an airplane
to service after any alteration for which
airworthiness limitations are required
by §§ 25.1817, or 25.1819 of this
chapter, the foreign person or foreign air
carrier must revise the maintenance
program for the airplane to include
those airworthiness limitations.
(i) The maintenance program changes
identified in paragraphs (g) and (h) of
this section must be submitted to the
operator’s Principal Inspector for review
and approval prior to incorporation.
§ 129.16
[Redesignated as § 129.109]
31. Redesignate § 129.16 as new
§ 129.109.
PO 00000
Frm 00042
Fmt 4701
Sfmt 4702
§ 129.16
[Added and Reserved]
32. A new § 129.16 is added and
reserved.
§ 129.32
[Redesignated as § 129.107]
33. Redesignate § 129.32 as new
§ 129.107.
§ 129.32
[Added and Reserved]
34. A new § 129.32 is added and
reserved.
§ 129.33
[Redesignated as § 129.105]
35. Redesignate § 129.33 as new
§ 129.105.
§ 129.33
[Added and Reserved]
36. A new § 129.33 is added and
reserved.
Issued in Washington, DC, on November
17, 2005.
Dorenda D. Baker,
Acting Director, Aircraft Certification Service.
[FR Doc. 05–23109 Filed 11–17–05; 4:06 pm]
BILLING CODE 4910–13–P
E:\FR\FM\23NOP2.SGM
23NOP2
Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Proposed Rules]
[Pages 70922-70962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23109]
[[Page 70921]]
-----------------------------------------------------------------------
Part II
Department of Transportation
-----------------------------------------------------------------------
Federal Aviation Administration
-----------------------------------------------------------------------
14 CFR Parts 25, 91, et al.
Reduction of Fuel Tank Flammability in Transport Category Airplanes;
Proposed Rule
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 /
Proposed Rules
[[Page 70922]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 91, 121, 125, and 129
[Docket No. FAA-2005-22997; Notice No. 05-14]
RIN 2120-A123
Reduction of Fuel Tank Flammability in Transport Category
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This NPRM proposes new rules that will require operators and
manufacturers of transport-category airplanes to take steps that, in
combination with other required actions, should greatly reduce the
chances of a catastrophic fuel-tank explosion. The proposal follows
seven years of intensive research by the FAA in collaboration with
industry into promising technologies designed to make fuel tanks
effectively inert, thus preventing electrical and other systems from
igniting flammable vapors in the fuel tank ullage (vapor space). The
result of that research is that fuel tank inerting, originally thought
to be prohibitively expensive, can now be accomplished in a reasonably
cost-effective fashion and protect the public from future calamities
which, we have concluded, are otherwise virtually certain to occur. The
new rules, if adopted, would not actually direct the adoption of
specific inerting technology either by manufacturers or operators but
would establish a performance-based set of requirements that do not
specifically direct the use of fuel-inerting but rather set acceptable
levels of flammability exposure in tanks most prone to explosion or
require the installation of an ignition mitigation means in an affected
fuel tank. Technology now provides a variety of commercially feasible
methods to accomplish these vital safety objectives.
DATES: Send your comments on or before March 23, 2006.
ADDRESSES: You may send comments, identified by Docket No. FAA-2005-
22997, using any of the following methods:
DOT Docket Web site: Go to https://dms.dot.gov and follow the
instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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 20590-001.
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
https://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
https://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: Michael E. Dostert, FAA, Propulsion/
Mechanical Systems Branch (ANM-112), Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 227-2132, facsimile (425) 227-
1320; e-mail: mike.dostert@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, 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
concerning this proposed rulemaking. 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. Comments that you
may consider to be of a sensitive security nature should not be sent to
the docket management system. Send those comments to the FAA, Office of
Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591.
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 on behalf of 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
https://dms.dot.gov. Before acting on this proposal, we will consider
all comments we receive on or before the closing date for comments. We
will consider comments filed late if it is possible to do so without
incurring expense or delay. We may change this proposal in light of the
comments we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, 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.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (https://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking's web page at https://
www.faa.gov/avr/arm/index.cfm; or
(3) Accessing the Government Printing Office's web page at https://
www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Table of Contents
I. Executive Summary
II. Background
A. The Need for Safety Improvements in Fuel Tank Systems
B. Fuel Properties
C. National Transportation Safety Board (NTSB) Recommendations
D. FAA Response
III. Proposed Requirements Relating to Fuel Tank Flammability
[[Page 70923]]
A. Overview of the Proposal
B. Ongoing Responsibility of Type Certificate Holders for
Continued Airworthiness
C. Applicability
1. Manufacturers and Holders of Type Certificates, Supplemental
Type Certificates and Field Approvals
2. Airplanes
3. Fuel Tanks
4. Airplane Operators
D. Proposed Requirements for Manufacturers and Holders of Type
Certificates, Supplemental Type Certificates and Field Approvals
1. New Airplane Designs
2. Existing Airplane Designs
3. Auxiliary Fuel Tanks
4. Methods of Mitigating the Likelihood of a Fuel Tank Explosion
a. Flammability Analysis Using the Monte Carlo Method
b. Ignition Mitigation Means
c. Flammability Reduction Means
i. Accounting for System Reliability and Performance Issues
ii. Warm Day Fleet Flammability Exposure
iii. Reliability Reporting
iv. Reliability Indication and Maintenance Access
d. Service Instructions and Service Bulletins
e. Critical Design Configuration Control Limitations (CDCCL)
f. Compliance Planning
i. Compliance Plan for Flammability Exposure Analysis
ii. Compliance Plan for Design Changes and Service Instructions
iii. Compliance Plan for Auxiliary Fuel Tanks
g. Compliance Schedule
E. Proposed Requirements for Airplane Operators
1. Requirement to Install and Operate FRM, IMM or FIMM
2. Authority to Operate with an Inoperative FRM, IMM or FIMM
3. Compliance Schedule
F. Additional Provisions
1. Relationship of this Proposal to Aging Airplane Regulatory
Initiatives
2. FAA Advisory Material
3. FAA Oversight Office
4. Workplace Safety Issues
IV. Rulemaking Analyses and Notices
V. The Proposed Amendment
I. Executive Summary
Fuel tank explosions have been a constant threat with serious
aviation safety implications for many years. Since 1960, some 17
airplanes have been destroyed as the result of a fuel tank
explosion.\1\ Four fatal airplane accidents have been caused by fuel
tank explosions just since 1989. Two of the more recent accidents--one
involving a Boeing Model 747 (TWA Flight 800) off Long Island, New York
in 1996 and the other, a Boeing Model 727 accident (Avianca Flight 203)
in Bogot[aacute], Columbia in 1989--occurred during flight and led to
catastrophic losses, including the deaths of 337 individuals. The two
other recent explosions occurred on the ground but led to nine
fatalities.\2\ Although it was determined that a terrorist's bomb had
caused the explosion of the center tank in the Bogot[aacute] accident,
the NTSB determined the ``bomb explosion did not compromise the
structural integrity of the airplane; however, the explosion punctured
the [center wing tank] and ignited the fuel-air vapors in the ullage,
resulting in destruction of the airplane.'' Investigations of the other
three accidents failed to identify the ignition source that caused the
explosion. But in each instance the weather was warm, with an outside
air temperature over 80 [deg]F, the incident occurred during the
initial (ground, takeoff or climb) phases of flight, and the explosion
involved empty or nearly empty tanks that had been previously fueled.
Additionally, investigators were able to conclude that the center wing
fuel tank in all four airplanes contained flammable vapors in the
ullage (that portion of the fuel tank not occupied by liquid fuel) when
the fuel tanks exploded. While the proposed requirements are not
intended to address terrorist initiated fuel tank explosions, a system
designed to reduce the likelihood of a fuel tank fire, or mitigate the
effects of a fire should one occur, would have prevented these four
fuel tank explosions.
---------------------------------------------------------------------------
\1\ None of the 17 explosions occurred on an airplane
manufactured by Airbus, who, along with Boeing, would be most
affected by this rulemaking. Although Airbus currently delivers more
airplanes worldwide than Boeing, their cumulative fleet hours are
still relatively small, at approximately 65 million (approximately
9% of total fleet hours for all transport category airplanes). Based
on the FAA's projection of the likelihood of an explosion based on
one accident every 60 million hours, there is a 40% chance that no
Airbus accidents would have occurred to date.
\2\ Philippine Airlines 737 accident in 1990 and the Thai
Airlines accident in 2001.
---------------------------------------------------------------------------
A statistical evaluation of these accidents has led the FAA to
project that nine more transport category airplanes will likely be
destroyed by a fuel tank explosion in the next 50 years, unless
remedial measures are taken. Although we cannot forecast precisely when
these accidents would occur, computer modeling that has been an
accurate predictor in the past indicates these events are virtually
certain to occur. We believe at least eight of these explosions are
preventable if we adopt a comprehensive safety regime to reduce both
the incidence of ignition and the likelihood of an explosion following
ignition. We have already taken steps through other regulatory actions
to reduce the chances of ignition. Today's proposal attempts to address
the risk of an explosion by reducing the likelihood that fuel tank
vapors cause an explosion when an ignition source is introduced into
the tank.
Since the introduction of turbine powered airplanes, the FAA has
premised its fuel tank rules on the assumption that fuel tanks will
always contain flammable vapors and thus the best way to prevent
explosions is to eliminate ignition sources. Since 2001, we have
imposed airworthiness requirements (including airworthiness directives
or ``ADs'') directed at the elimination of fuel tank ignition sources.
Although these measures--particularly Special Federal Aviation
Regulation 88 of 14 CFR part 21 (SFAR 88), which requires the detection
and correction of potential system failures that can cause ignition--
should prevent some of the nine forecast explosions, review of the
current designs of airplanes in the transport category of all major
manufacturers has shown that unanticipated failures and maintenance
errors will continue to generate unexpected ignition sources. We have
concluded we are unlikely ever to identify and eradicate all possible
sources of ignition.
To ensure safety, therefore, we must also focus on the environment
that permits combustion to occur in the first place. Technology now
exists that can prevent ignition of flammable fuel vapors by reducing
their oxygen concentration below the level that will support
combustion. By thus making the vapors ``inert,'' we can significantly
reduce the likelihood of an explosion when a fire source is introduced
to the fuel tank. Prototype onboard fuel tank inerting systems have
been successfully flight tested on Airbus A320, Boeing Model 747, and
Model 737 airplanes. Boeing applied in 2002 for type certification of
an inerting system for the Model 747 that it plans to install on all
new production 747 aircraft.
Because the chances of a fuel tank explosion naturally correlate
with the exposure of the tank to flammable vapors, the proposed
requirements would mitigate the effects of such exposure or limit such
exposure to acceptable levels by mandating the installation of either a
Flammability Reduction Means (FRM) or an Ignition Mitigation Means
(IMM). In either case, the technology would have to adhere to
performance and reliability standards that would be set by the FAA and
contained in Appendices K and L to Title 14 Code of Federal Regulations
(CFR) part 25.
If adopted, this rulemaking would amend the existing airworthiness
[[Page 70924]]
standards contained in 14 CFR 25.981 so as to require all type
certificate (TC) holders and their licensees to develop FRM or IMM for
many large turbine powered transport category airplanes with high risk
fuel tanks. We would also amend 14 CFR parts 91, 121, 125 and 129 so as
to require operators of these airplanes to incorporate the approved FRM
or IMM and to keep them operational. We estimate that approximately
3,800 Airbus and Boeing airplanes operated in the United States would
be affected. Fuel tank system designs in several pending type-
certification applications, including the Airbus A380 and the Boeing
Model 7E7, would also have to meet the proposed requirements.
We acknowledge that the proposed requirements are costly and
propose these steps only after spending several years, in cooperation
with scientists and other experts from the affected industry,
researching the most cost-effective ways to prevent fuel tank
explosions. Those efforts have resulted in the development of fuel-
inerting technology that is vastly cheaper than originally thought.
The loss of a single, fully loaded large passenger aircraft in
flight, such as a Boeing Model 747 or Airbus A380, moreover, would
result in death and destruction causing societal loss of at least $1.2
billion based on prior calamities, and we project that the new rule
would prevent four accidents of some type (for analytical purposes we
assume the accidents would involve ``average'' aircraft with
``average'' passenger loads) over 50 years. Such estimates of harm do
not account for the intangible costs of a series of in-flight
explosions (such as a loss of confidence in aviation) or the indirect
costs (such as trip cancellations following these incidents).
Our philosophy is to address aviation safety threats whenever
practicable solutions are found, especially when dealing with
intractable and catastrophic risks like fuel tank explosions that are
virtually certain to occur. Thus, now that solutions are reasonably
cost-effective, the Administrator has tentatively determined that it is
necessary for safety and in the public's best interest to adopt the
requirements proposed today. This action is in response to an NTSB
recommendation.
II. Background
A. The Need for Safety Improvements in Fuel Tank Systems
Fuel tank explosions continue to occur despite many safety
improvements over the last 40 years aimed at removing ignition sources
from fuel tanks. Experience tells us that even with the latest and most
comprehensive initiative, SFAR 88, we cannot adequately protect the
public from fuel tank explosions absent measures designed to lessen the
exposure of vulnerable tanks to highly flammable jet fuel vapors.
Fortunately, by taking such steps now to complement ignition-source
reduction measures already taken, we are confident that fuel tank
explosions in affected aircraft will be nearly eliminated.
For a variety of reasons, SFAR 88, though a significant advancement
in safety, will never provide a complete safeguard against fuel tank
explosions; thus our analysis has assumed that SFAR 88 will not reduce
the possibility of a fuel explosion occurring by more than 50 percent.
To be sure, SFAR 88 has resulted in several significant changes in fuel
tank system design and maintenance, including (1) new features to
prevent dry running of fuel pumps within the fuel tanks; (2) use of
ground fault protection of fuel pump power supplies for pumps or wires
exposed to the fuel tank ullage; (3) addition of electrical bonds on
some components; (4) use of electrical energy limiters on wiring
entering fuel tanks that are ``normally emptied'' \3\ and located
within the fuselage contour; (5) electrical bond integrity checks; and
(6) improved maintenance programs. These design improvements, however,
do not and cannot address all sources of ignition (such as external
ignition sources resulting from fire).
---------------------------------------------------------------------------
\3\ The phrase ``normally emptied'' refers to fuel tanks that
contain a substantial vapor space during a significant portion of
the airplane operating time. Tanks that are designed to be normally
emptied have been installed in various locations including the
center wing structure, horizontal stabilizers, wings and cargo
compartments. Fuel loading and usage management practices on certain
airplane models use the auxiliary fuel tanks for controlling the
center of gravity.
---------------------------------------------------------------------------
Past experience, moreover, shows that it is not possible to
pinpoint and remove every ignition source from a large, complex
transport aircraft. For example, the FAA is aware of one case where a
manufacturer had conducted an exhaustive design review to identify
possible sources of arcing within the fuel tank after a fuel tank
exploded due to lightning. The manufacturer identified several possible
sources of the arcing, and the FAA issued ADs to correct these
deficiencies. The same airplane design was then evaluated as a result
of SFAR 88, and additional sources of lightning-induced ignition were
identified. In another instance, a TC holder submitted a safety
analysis to the FAA claiming that certain airplane models met existing
system safety requirements of Sec. 25.1309 and thus that the
likelihood of an ignition source developing was extremely improbable
(one in a billion flight hours). When the requirements of the SFAR 88
safety review and unsafe condition criteria were applied, however,
approximately 80 new unsafe conditions were found. These conditions
will now be addressed by AD for those airplane models but, in
retrospect, it was clear that the manufacturer's claims were erroneous.
The safety reviews have also identified the potential for system
failures (or ``failure modes'') that cannot be eliminated as possible
ignition sources at reasonable cost. For example, use of ground fault
protection for fuel pump power supplies will protect the fuel pumps
from shorts to ground (such as one might find from lightning), but will
not protect the fuel pumps from shorts between the three power wires to
the pump, commonly referred to as ``phase-to-phase shorts.'' Currently
there is no proven component available to address this failure mode.
Combinations of failure modes are even more problematic. We could
require installation of redundant bond paths to prevent the latent
failure of a critical electrical bond, but doing so would be cost-
prohibitive.
Finally, human error creates continuing risk. Each attempt to fix
an electrical system presents the possibility of an inadvertent
introduction of a new ignition source. Maintenance oversights, such as
the failure to properly install electrical bonds or improper
installation or overhaul of components, compound the possibility of an
ignition source developing.
Carrier fuel carrying practices could impact the possibility of an
explosion as well. If a carrier decides to carry only that fuel
necessary to meet the FAA's fuel reserve requirements, the likelihood
of an explosion is greater than if it carries excess fuel. This
potential exists because more ignition sources within the fuel tank are
exposed to the ullage and because the fuel has insulating properties
which keeps the fuel tank cooler. Thus, ``tankering'', or carrying
excess fuel, could theoretically lower the risk of an explosion.
Current fuel management practices, where excess fuel is carried only
when cost beneficial to the carrier, are largely market driven because
airlines try to minimize their fuel costs to the maximum extent
possible. Both the FAA and industry explored mandatory refueling of
center wing tanks after the NTSB suggested the FAA adopt an interim
flammability reduction measure in 1996. We determined that the
reduction in
[[Page 70925]]
flammability exposure would not be significant and would not address
the warm day flammability risk. Thus, while either reducing or
increasing the amount of fuel carried in the center wing tank could
theoretically have some impact on the risk of an explosion, the FAA
does not believe that current fuel carrying practices are likely either
to change significantly or to have a measurable impact on the overall
risk of an explosion. We seek comment on this position.
B. Fuel Properties
Three conditions must be present in a fuel tank to support
combustion and a fuel-tank explosion: Fuel vapor in the right amount,
enough oxygen, and an ignition source. As discussed earlier, our
regulatory efforts since piston-powered aircraft evolved into the jet
age have been focused almost exclusively on the last item, ignition
sources. A basic assumption in this approach has been that the fuel
tank would contain flammable vapors under a wide range of airplane
operating conditions. The question is, what level of exposure is safe?
Jet fuel vapors are flammable only in certain temperature and
pressure ranges. The flammability temperature range of such vapors
varies with the type and properties of the fuel, the ambient pressure
in the tank, and the amount of dissolved oxygen released from the fuel
into the tank. The amount of dissolved oxygen in a tank will also vary
depending on the amount of vibration and sloshing of the fuel that
occurs within the tank. The temperature range in which a flammable fuel
vapor will form can vary with different batches of fuel even for a
specific fuel type, but the threshold temperature for flammability
decreases as the airplane gains altitude because of the corresponding
decrease of internal tank air pressure. Thus, the higher the airplane
is flying, the lower the ambient temperature required for a fuel tank
to explode when an ignition source introduced.
Jet A fuel is the most commonly used commercial jet fuel in the
United States and is widely used in other parts of the world. At sea
level and with no sloshing or vibration present, these fuels have
flammability characteristics that make it unlikely that the fuel
molecules present in the fuel vapor-air mixture will ignite when the
temperature in the fuel tank is below approximately 100 [deg]F. The
vapor will ignite, however, once the fuel temperature reaches
approximately 175 [deg]F, because of the increased concentration of
fuel molecules at higher temperatures. At an altitude of 30,000 feet,
the flammability temperature range drops to approximately 60 to 120
[deg]F.\4\ Use of Jet A or Jet A-1 fuel thus tends to limit the risk of
high flammability to warmer days.
---------------------------------------------------------------------------
\4\ Most transport category airplanes used in air carrier
service are approved for operation at altitudes from sea level to
45,000 feet.
---------------------------------------------------------------------------
Jet B (JP-4) is another fuel approved for use on most commercial
transport category airplanes, although it is no longer used as a
primary fuel for commercial transports. The flammability range of Jet B
(JP-4) is about 15 to 75 [deg]F at sea level and 20 to 35 [deg]F at
30,000 feet. Because the flammable temperature range of Jet B fuel is
more within the range of typical air temperatures at those altitudes
where the airplane is likely to be operated, airplane fuel tanks with
Jet B fuel are flammable for a much larger portion of the flight.
C. National Transportation Safety Board (NTSB) Recommendations
The NTSB determined that the probable cause of the in-flight
explosion on TWA Flight 800 was the ignition of the flammable fuel/air
mixture in the center wing fuel tank. However, the source of ignition
energy for the explosion could not be determined with certainty. The
Board also faulted, as contributing to the accident, the FAA's design
and certification approach to transport-category airplanes, as it (1)
concentrated solely on precluding all ignition sources, and (2) allowed
heat sources to be located beneath the center wing fuel tank.
In 1996, the NTSB issued recommendations to improve fuel tank
safety. The NTSB recommended both eradicating ignition sources and
reducing fuel tank flammability.\5\ In their accident report, the Board
concluded that ``a fuel tank design and certification philosophy that
relies solely on the elimination of all ignition sources, while
accepting the existence of fuel tank flammability, is fundamentally
flawed because experience has demonstrated that all possible ignition
sources cannot be determined and reliably eliminated.''
---------------------------------------------------------------------------
\5\ NTSB recommendations provided on page 309 of NTSB Accident
Report, ``In-flight Breakup Over the Atlantic Ocean, TransWorld
Airlines Flight 800 Boeing 747-131, N93119 Near East Moriches, New
York, July 17, 1996, Report number NTSB/AAR-00/03, DCA96MA070,
Adopted August 23, 2000.
---------------------------------------------------------------------------
D. FAA Response
The FAA conducted ignition-prevention safety reviews following the
1996 accident, which revealed many new single-component failure modes
that could ignite fuel tanks. We continue to issue ADs that require
design or maintenance actions to address these deficiencies. These
safety reviews also identified combinations of failures that could
result in an ignition source, but as these combinations were less
likely to occur than single failures, we determined that it was not
practical to address them in existing airplanes. The safety reviews
also confirmed that unforeseen design and maintenance errors could
create ignition sources.
Recognizing the need to focus on flammability rather than just
ignition, on April 3, 1997, the FAA published a notice in the Federal
Register seeking comments on the 1996 NTSB recommendations on
flammability exposure (62 FR 16014). That notice reviewed the service
history of transport category airplane fuel tanks and the challenges
underlying fuel-tank flammability reduction. Public comment indicated
that more information was needed before we could begin a rulemaking on
this safety issue.
Given that control of flammable vapors was a new concept, we
assigned two Aviation Rulemaking Advisory Committee (ARAC) working
groups to study the issues and provide recommendations. (The ARAC
consists of interested parties, including the public, and provides a
process to advise us on the development of new regulations.) The first
working group reviewed the practicality of requiring flammability
reduction, evaluating many different flammability reduction methods.
Upon the recommendation of the first working group, the second working
group then focused exclusively on fuel tank inerting.
On January 23, 1998, we published a notice in the Federal Register
that established the Fuel Tank Harmonization Working Group as part of
ARAC (63 FR 3614). This group was asked to recommend regulations on
fuel tank flammability for both newly certificated and existing
airplanes. The working group looked at fuel tank explosions that
occurred after Jet A fuel had replaced Jet B fuel as the predominant
type used on transport airplanes. The group examined the performance of
two types of fuel tanks: the center wing fuel tanks located within the
fuselage contour, and wing fuel tanks. Fuel tanks located in an
aluminum wing are typically unheated and cool quickly when the wing
surfaces are exposed to colder air during flight. Conversely, the
center wing fuel tanks in certain airplanes have equipment underneath
the tank radiating heat; in addition, with no surfaces exposed to
outside air, the tank
[[Page 70926]]
cools much more slowly than a wing fuel tank.
The working group concluded that the safety records of fuel tanks
located in aluminum wings of airplanes fueled with Jet A type fuel were
satisfactory. These tanks had an average flammability exposure (as
calculated under a methodology contained in proposed Part 25, Appendix
L) of approximately 2 to 6 percent. However, the group found that on
some airplane fleets the center wing fuel tanks had an average
flammability exposure ranging from 7 percent to a high of 30 percent, a
dangerous level.
The working group then evaluated many possible means of reducing or
removing the hazards associated with explosive vapors in fuel tanks,
such as fuel tank inerting, fuel tank cooling, fuel property
alteration, fire suppression systems and polyurethane foam treatments.
The ARAC sent the working group's report to the FAA on July 23, 1998
(Docket No. FAA-1998-4183, viewable on the U.S. Department of
Transportation electronic Document Management System at https://
dms.dot.gov).
The working group report concluded that flammability reduction was
practical for new airplane designs, but impractical for current
production designs or retrofit in the current fleet of transport
category airplanes. The report recommended that the FAA begin
rulemaking to add a requirement to Sec. 25.981, so that fuel tanks in
new airplane designs would have an average flammability exposure of
less than 7 percent. The report also recommended requiring by
regulation that each newly designed airplane incorporate means to
mitigate the effects of an ignition of fuel vapors, such that any
damage caused would not prevent continued safe flight and landing. The
report reviewed various technical solutions, including control of heat
transmission into fuel tanks, use of inerting systems, or ignition
mitigation means like polyurethane foam. The report concluded that the
best solution was likely to be control of heat transmission and
suggested that the most practical means of control were (1) relocation
of the air-conditioning equipment away from the fuel tanks; (2)
ventilation of the air-conditioning bay to limit heating and cool fuel
tanks; or (3) insulation of the tanks from heat. Nevertheless, the ARAC
also recommended that we continue to evaluate the cost-effectiveness of
other means for reducing flammable vapors in the fuel tanks, such as
ground-based inerting of fuel tanks.
Based in part on the ARAC recommendations, we issued a rule
entitled ``Transport Airplane Fuel Tank System Design, and Maintenance
and Inspection Requirements'' in the Federal Register on May 7, 2001
(66 FR 23085). The rule added current Sec. 25.981(c) which requires
minimization of fuel tank flammability exposure in new type designs
without setting a specific safety standard. Section 25.981(c) thus
states:
(c) The fuel tank installation must include either--
(1) Means to minimize the development of flammable vapors in the
fuel tanks (in the context of this rule, ``minimize'' means to
incorporate practicable design methods to reduce the likelihood of
flammable vapors); or
(2) Means to mitigate the effects of an ignition of fuel vapors
within fuel tanks such that no damage caused by an ignition will
prevent continued safe flight and landing.
Higher flammability tanks are typically located in the center wing
box, in the horizontal stabilizer where little surface area is exposed
to outside air, or in the cargo compartment. Our intent, as discussed
in that rule's preamble was to ``require that [such] fuel tanks are not
heated, and cool at a rate equivalent to that of a wing tank in the
transport airplane being evaluated.'' We noted that, ``This may require
incorporating design features to reduce flammability, for example
cooling and ventilation means, or inerting for fuel tanks located in
the center wing box, horizontal stabilizer, or auxiliary fuel tanks
located in the cargo compartment.'' (Our reference to a wing tank was
to a conventional subsonic airplane with aluminum wing tanks.) We also
stated, ``At such time as the FAA has completed the necessary research
and identified an appropriate definitive standard to address this
issue, new rulemaking would be considered to revise the standard
proposed in this rulemaking.''
We then issued two Advisory Circulars, AC 25.981-1B, ``Fuel Tank
Ignition Source Prevention Guidelines,'' and AC 25.981-2, ``Fuel Tank
Flammability Minimization.'' These ACs described acceptable means of
showing compliance with Sec. 25.981(c). AC 25.981-2 specifically
discussed the use of fuel tank inerting as a method of compliance with
the flammability exposure requirements. To ``inert'' a fuel tank, as
defined in AC 25.981-2, the percentage of oxygen in a fuel tank's air
should not exceed 10 percent. (Later research, discussed below, showed
that containing oxygen concentrations to 12 percent or less would inert
a fuel tank.)
After revising Sec. 25.981, we began scientific research, hoping
to gain a better understanding of the ignition properties of commercial
aviation jet fuel vapors. We also explored new ideas for removing
flammable fuel air mixtures from fuel tanks, as well as other methods
for improving fuel tank safety. Initially, efforts to develop
commercially viable ways to remove flammable fuel vapors from tanks
failed. For example, to lower the danger of fuel tank explosions after
post-crash ground fires, systems were considered that would ``scrub''
the vapor in the ullage--ventilating the tank with air so as to prevent
the build-up of flammable concentrations of fuel vapor. At the time, we
found these systems to be impractical because of their weight,
complexity, unreliability, and undesirable secondary effects on the
environment.
On the recommendation of the ARAC, we refocused our efforts on
reducing fuel tank flammability through nitrogen inerting. Public
comment on the 1997 notice had suggested inerting was possible through
adoption of a hollow fiber membrane technology, which separates oxygen
from nitrogen in the atmosphere. (Air is made up of about 78 percent
nitrogen and 21 percent oxygen.) The hollow fiber membrane material
uses the absorption difference between the nitrogen and oxygen
molecules to separate nitrogen-enriched air from oxygen. The technology
had been used for many years in non-aerospace applications, such as
obtaining oxygen-enriched air for medical purposes and generating
nitrogen-enriched air to preserve produce in transport. In airplane
applications, nitrogen-enriched air could be produced when pressurized
air is forced through a canister that contains the hollow fibers. The
created nitrogen-enriched air is then directed, at appropriate
concentrations, into the ullage of fuel tanks and displaces the normal
fuel vapor/air mixture in the tank. Use of this technology allows
nitrogen to be separated from the available pressurized air onboard the
airplane, which eliminates the need to carry and store nitrogen in the
airplane.
Initially, we found that airplanes in the current transport
category fleet were not designed with optimized air sources for
creating nitrogen-enriched air. As a result, early designs required
installation of an air compressor, adding significant weight and cost.
Aware of the earlier system's disadvantages, our researchers worked to
address those issues. Earlier fuel tank inerting designs, primarily
produced for military applications to prevent fuel tank
[[Page 70927]]
explosions from battle damage, assumed a fuel tank was ``inert'' with a
maximum of 9 percent oxygen content in the ullage. Achieving this level
of concentration was not needed for transport category airplanes, as
our research determined that a maximum oxygen content of 12 percent
would be sufficient to protect airplanes from less powerful ignition
sources typical of airplane system failures and malfunctions at sea
level. Thus, our testing excluded turbulent flow flame propagation, or
external fuel tank events, such as explosives and hostile fire. (The
FAA test results are available in an FAA Technical Note: ``Limiting
Oxygen Concentrations Required to Inert Jet Fuel Vapors Existing at
Reduced Fuel Tank Pressures'' (DOT/FAA/AR-TN02/79). See: https://
www.fire.tc.faa.gov/pdf/TN02-79.pdf.)
Terrorist initiated accidents were also excluded from consideration
in the earlier ARAC reports and the possible benefits in the regulatory
evaluation within this notice. While the proposed FRM requirements are
not intended to address terrorist initiated explosions, such as the
Bogata 727 accident discussed earlier, inerting fuel tanks may provide
other significant secondary safety benefits by addressing flammability
exposure. Testing conducted by China Lake Naval Weapons Center \6\
showed that inerting a fuel tank to 12 percent oxygen offers a high
degree of protection from a fuel tank explosion when 30-millimeter high
explosive incendiary projectiles shot into fuel tanks. The FAA invites
comments related to the potential additional security benefits that may
be achieved by imposing FRM.
---------------------------------------------------------------------------
\6\ The Effectiveness of Ullage Nitrogen-Inerting Systems
Against 30-mm High-Explosive Incendiary Projectiles, China Lake
Naval Weapons Center, J. Hardy Tyson and John F Barnes, May 1991.
---------------------------------------------------------------------------
Based on our research, we identified a simplified inerting system
that, using existing airplane pressurized air sources, could limit a
fuel tank to the 12 percent oxygen content level. This concept
eliminated the need for an air compressor, thus reducing the size and
complexity of the system. Our research determined that the method of
distributing the nitrogen-enriched air to the fuel tank could also be
simplified, which further reduced the system's weight and installation
cost. We now estimate that a simplified inerting system adequate to
protect the center wing tank on airplanes in the existing fleet should
weigh from 100 to 250 pounds and cost from $140,000 to $225,000 to
procure and install in existing airplanes, depending on fuel tank
capacity. (More information on the costs of these systems is provided
in the Preliminary Regulatory Evaluation.)
The FAA has openly shared with industry information on the
simplified inerting system design ever since it was first developed in
May 2002. This design concept was adopted by Boeing when applying for a
series of type certification and production approvals to incorporate a
fuel inerting system using nitrogen air enrichment in all currently
produced Boeing model airplanes. Thus, on November 15, 2002, Boeing
applied for a change to TC No. A20WE to modify Boeing Model 747 series
airplanes to incorporate the system into its center wing fuel tanks. It
has since applied for similar approvals for the Boeing Model 737
series, Boeing Model 757 series, Boeing Model 767 series, and Boeing
Model 777 series airplanes. We published a request for and received
public comments on a Notice of Proposed Special Conditions for
flammability reduction on the Boeing Model 747 on December 9, 2003 (68
FR 68563). Final Special Conditions No. 25-285-SC was issued on January
24, 2005 (70 FR 7800; February 15, 2005).
III. Proposed Requirements Relating to Fuel Tank Flammability
We are proposing today a performance-based set of requirements that
do not specifically direct the use of fuel inerting, but rather set
acceptable levels of flammability exposure in tanks most prone to
explosion or require the installation of an ignition mitigation means
in an affected fuel tank. We also by separate notice propose to revise
Advisory Circular 25.981-2 so as to describe several means of
compliance with these requirements, including both flammability-
reduction means, such as cooling, inerting using nitrogen or carbon
dioxide, and ignition-mitigation means, such as use of polyurethane
foam or explosion suppression systems. The revised AC sets out detailed
parameters for such systems if used as a means of achieving the
targeted safety standards.
The rule, if adopted, would require a retrofit of much of the
existing fleet of large airplanes but would not necessarily affect all
transport aircraft. We will require retrofit based on safety needs,
using a fleet average flammability exposure limit of seven (7) percent,
the level recommended by ARAC. We know that this level is routinely
exceeded in tanks that are incidentally heated by nearby air
conditioning equipment and in unpressurized auxiliary fuel tanks that
are located in the cargo compartment and that do not significantly
cool. The vast majority of large transport category airplanes operating
in the U.S., including all Airbus models and most Boeing models, have
center wing tanks that are above this level. We estimate that 3,800
airplanes with flammability exposure level above 7 percent would be
retrofitted if this rule is adopted.
As is the case for new production airplanes, all airplanes
currently equipped with a normally emptied or auxiliary fuel tanks that
have a flammability level above 7 percent could not have center wing
tanks that are flammable more than 3 percent on average and 3 percent
on hot days. Lowering the flammability levels of these fuel tanks in
the existing fleet and limiting the permissible level of flammability
on new production airplanes would result in an overall reduction in the
flammability potential of these airplanes of approximately 95 percent.
Some airplane models have center tanks with a fleet average
flammability exposure level that does not exceed 7 percent, including
to the best of our information the Lockheed L-1011, and Boeing MD-11,
DC10, MD80, and Boeing Model 727, and Fokker F28 MK100. At this time we
do not believe that these airplanes would need FRM or IMM for their
center tanks, unless the certificate holder has also installed an
auxiliary fuel tank that is found to be affected.\7\
---------------------------------------------------------------------------
\7\ Auxiliary fuel tanks are installed subject to amended
supplemental type certificates or field approvals. As such they are
``aftermarket'' installations not contemplated by the original
manufacturer of the airplane. Auxiliary fuel tanks are installed to
permit airplanes to fly for longer periods of time by increasing the
amount of available fuel. While all auxiliary fuel tanks are
normally emptied, some ``normally emptied'' tanks are included in
the original type design, such as the center wing tank on the Boeing
747.
---------------------------------------------------------------------------
A. Overview of the Proposal
Our proposal would require manufacturers and operators of most
large transport category airplanes to reduce the average flammability
exposure in affected fleets to tolerable levels of risk. Fleet average
flammability exposure represents the percent of flight time that fuel
vapors in the ullage are flammable, calculated across a fleet of an
airplane type operating over the range of actual or expected flights
and based on a wide range of environmental conditions and fuel
properties.\8\ This
[[Page 70928]]
rulemaking is premised on our finding that fuel tanks whose fleet-wide
average flammability exposure is more than 7 percent have a ``high
flammability exposure,'' which we consider unduly dangerous. This
finding, in turn, is based on the reports and findings of the ARAC and
our own risk assessment of the current transport category airplane
fleet.
---------------------------------------------------------------------------
\8\ The airplane flammability exposure evaluation time begins
when the airplane is prepared for flight (which commences upon the
start of preparing the airplane for flight by turning on the
auxiliary power unit/ground power, starting the environmental
control systems, or taking other steps that begin the initial
preparation of the airplane), continues through the actual flight
and landing, and ends when all payload has been unloaded and all
passengers and crew have disembarked.
---------------------------------------------------------------------------
Our proposal would modify current regulations in several important
respects, affecting both manufacturers (TC holders and STC holders) and
operators (air carriers). We would significantly expand the coverage of
part 25 by making manufacturers generally responsible for the
development of service information and safety improvements (including
design changes) where needed to ensure the continued airworthiness of
previously certificated airplanes. This proposal would apply to holders
of existing TCs, holders of STCs, applicants for changes to existing
TCs, and certain other airplane manufacturers. We are proposing to
specify the new requirements for these entities in a new subpart I to
part 25, although we may decide to relocate these requirements at the
time the final rule is issued to simplify harmonization efforts.
As to fuel tank flammability specifically, manufacturers, including
holders of listed airplane TCs and of auxiliary fuel tank STCs, would
be required to conduct a flammability exposure analysis of their fuel
tanks, unless they have already notified the FAA that they will utilize
an ignition mitigation means instead. A new Appendix L to part 25 will
regulate the conduct of these analyses.\9\ As discussed later in this
document, the Appendix contains the method for calculating overall and
warm day fuel tank flammability exposure values needed to show that the
affected aircraft tanks comply with proposed limitations on
flammability exposure levels, described below.
---------------------------------------------------------------------------
\9\ Rather than relying on the analysis already conducted
pursuant to SFAR 88 and then simply regulating those airplanes with
a demonstrated exposure level of 7 percent or greater, today's
proposal contemplates requiring a new exposure analysis. The
existing analyses, while helpful in positing which airplanes are
likely to be affected by a final rule, were derived from incomplete,
and sometimes differing, assumptions. Appendix L would correct such
inconsistencies by establishing a single methodology for calculating
average flammability exposure.
---------------------------------------------------------------------------
Where the required analyses indicate that the fuel tank has an
average flammability exposure level below 7 percent, no changes would
be required. However, for the other fuel tanks, manufacturers would be
required to develop design modifications to support a retrofit of the
airplane. Under today's proposal, the average flammability exposure
level of any affected wing tank would have to be reduced to no more
than 7 percent. In addition, for any normally emptied fuel tank
(including auxiliary fuel tanks) located in whole or in part in the
fuselage, flammability exposure would have to be reduced to 3 percent,
both for the overall fleet average and for operations on warm days.
For long-pending certification projects that have not received a
type certificate from the FAA prior to the date of the final rule
(where application was received by the FAA before June 6, 2001, the
effective date of 14 CFR 25.981(c), applicants would be required to
limit the flammability exposure of any wing tank to no more than 7
percent. Any of those applicants whose proposals include any normally
emptied or auxiliary fuel tank with a flammability exposure level that
exceeds 7 percent would also have to meet the same flammability
exposure requirements proposed for retrofit (i.e., 3 percent), if any
portion of the tank is located within the fuselage contour. Applicants
for more recent certification projects (where application was received
after June 6, 2001), and all applicants for a TC or STC submitted after
the effective date of the final rule would need to meet the new
requirements of that section set forth in today's proposal.
We would set more stringent safety levels for certain critically
located fuel tanks in most new type designs, while maintaining the
current, general standard under Sec. 25.981 for all other fuel tanks.
We expect that as a result of this rule the design of most normally
emptied and auxiliary tanks located, in whole or in part, in the
fuselage of transport-category airplanes would need to incorporate some
form of FRM or IMM. Regulations in a new proposed Appendix K to Part 25
contain detailed specifications for all FRM, if they are used to meet
the flammability exposure limitations. These additional requirements
are designed to ensure the reliability of flammability-reduction means,
reporting of performance metrics and warnings of possible hazards in
and around fuel tanks. Specifications for IMM are detailed in the
current AC-25.981-2 and are not generally discussed in this document.
Type certificate holders for specific airplane models with high
flammability exposure fuel tanks would be required to develop design
changes and service instructions to facilitate the adoption of IMM or
FRM. Manufacturers of these airplanes would have to incorporate these
design changes in airplanes produced in the future. In addition, these
sections would require design approval holders (TC and STC holders) and
applicants to develop airworthiness limitations to ensure that
maintenance actions and future modifications do not increase
flammability exposure above the limits in this proposal. These design
approval holders would have to submit binding certification plans by a
specified date, and these plans would be closely monitored by the
holders' FAA oversight offices to ensure timely progress.
Lastly, the proposal requires affected operators to incorporate FRM
or IMM where required for high-risk fuel tanks in their existing fleet
of affected airplane models. Air carriers would also have to revise
their maintenance and inspection programs to incorporate the
airworthiness limitations developed under the other proposals. We also
intend to establish strict retrofit deadlines, which are premised on
prompt compliance by manufacturers with their certification plans.
Table 1 summarizes the proposed regulatory changes that relate to
fuel tank flammability safety. This table does not summarize the
proposed regulatory changes that are common between this proposal and
other aging airplane initiatives. Those changes are discussed in detail
later.
[[Page 70929]]
Table 1.--Summary of Proposed Rules
------------------------------------------------------------------------
Description of
14 CFR proposal Applies to
------------------------------------------------------------------------
25.1, 25.2.................. Expand applicability Applicants for TCs,
to current holders and changes to
of TCs, STCs, and those TCs for
certain transport category
manufacturers. airplanes.
Amend Sec. 25.2 to Manufacturers of
make reference to certain airplane
the proposed models.
subpart I..
25.981...................... Revise paragraph (b) Applicants for
to specify limits future TCs and
on fuel tank design changes to
flammability. those certificates.
Add paragraph (c) to
restate current
option of providing
ignition mitigation
means (IMM)..
Add paragraph (d) to
include
airworthiness
limitation items
(ALI) for IMM or
Flammability
Reduction Means
(FRM), and move the
existing ignition
prevention ALI
requirements into
this paragraph.
Subpart I 25.1801........... Defines the intent TCs, and design
of the subpart. changes to those
TCs for transport
category airplanes.
Manufacturers of
certain airplane
models.
25.1815..................... Require flammability TC holders.
exposure analysis
of all fuel tanks
within 150 days
after effective
date. If below 7
percent no
flammability
reduction required.
Compliance with
Sec. 25.981(d) to
define ALI required.
If above 7 percent Large transport
and in fuselage and category passenger
normally emptied, airplanes, with
must develop passenger capacity
service of 30 or more or a
instructions to payload of 7500 lbs
meet Sec. or more (original
25.981(b), (c) and TC or later
(d). increase).
If above 7 percent
and other tank
type, must develop
service
instructions to
incorporate IMM
(meet Sec.
25.981(c), or
reduce flammability
to 7 percent)..
Specific compliance
dates for each
Boeing and Airbus
airplane model.
Other models within
24 months.
25.1817..................... Require flammability Auxiliary tank STC
exposure analysis holders for large
of all fuel tanks transport category
installed under STC passenger
within 12 months airplanes, with
after effective passenger capacity
date. of 30 or more or a
Require impact payload of 7500
assessment of fuel lbs. or more
tanks installed by (original TC or
STCs, and (for later increase).
pending and future
applicants) other
STCs affecting fuel
tank flammability,
on IMM or FRM
developed by TC
holder under Sec.
25.1815 to
determine if any
ALI has been
violated 6 months
after FAA approval
of ALI submitted by
TC holders under
Sec. 25.1815 or
before
certification,
whichever is later..
Require development Applicants for
of service future STCs or
instructions to amendments to TCs
correct designs that affect fuel
that compromise ALI tank system or IMM/
defined by TC FRM.
holder under Sec.
25.1815 within 24
months. Require
within 24 months
after TC holder
compliance with
25.1815 development
of service
instructions for a
IMM or FRM for any
tank with
flammability above
7 percent, if
located within the
fuselage and
normally emptied.
25.1819..................... Requires IMM or FRM Pending
for any fuel tank certification
on a passenger projects.
airplane with a Pre Amendment 102.
flammability level
that exceeds 7
percent. Fuel tanks
located in the
fuselage and
normally emptied
must meet Sec.
25.981(b) level.
Other fuel tanks
must not exceed 7
percent.
Requires compliance Post Amendment 102.
with Sec.
25.981(c).
25.1821..................... Requires any Manufacturers of
affected airplanes certain airplane
produced after a models.
certain date to
incorporate IMM or
FRM.
Appendix 25 K............... Establishes Applicants for
performance, approval of
reliability and flammability
reporting reduction means.
requirements for
flammability
reduction means.
Appendix 25 L............... Defines flammability Any person required
analysis method and to perform
input parameters flammability
that must be used analysis.
in the analysis.
91.1509, 121.917, 125.509, Require retrofit of U.S. certificate
129.117. IMM or FRM into holders and foreign
large airplanes persons operating
with high U.S.-registered
flammability fuel large transport
tanks. Require category passenger
large transport airplanes.
category airplanes
manufactured after
specific dates to
have IMM or FRM in
high flammability
fuel tanks. Require
incorporation of
ALI into the
maintenance program.
------------------------------------------------------------------------
B. Ongoing Responsibility of Type Certificate Holders for Continued
Airworthiness
Several recent safety regulations necessitated action by air
carriers and other operators but did not require design approval
holders to develop and provide the necessary data and documents to
facilitate the operators' compliance. Operators are often dependent on
action by a d