Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS), 38542-38543 [E6-10596]

Download as PDF 38542 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Proposed Rules 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. 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 http://dms.dot.gov. Before acting on this proposal, we will consider all comments we receive by 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. jlentini on PROD1PC65 with PROPOSAL 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 (http://dms.dot.gov/search); (2) Visiting the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies/; or (3) Accessing the Government Printing Office’s Web page at http:// www.gpoaccess.gov/fr/. You can also get a copy by sending 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. Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD–ROM, mark the outside of the disk or CD–ROM VerDate Aug<31>2005 17:37 Jul 06, 2006 Jkt 208001 and identify electronically within the disk or CD–ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7. Background On April 21, 2006, the Federal Aviation Administration (FAA) published Notice No. 05–11, Damage Tolerance Data for Repairs and Alterations (71 FR 20574). Comments to that document were to be received by July 20, 2006. By letters dated May 26 and 30, and June 6, 9, and 12, the Air Transport Association of America, Inc. (ATA), Airbus, the Cargo Airline Association (CAA), Boeing Commercial Airplanes, and National Air Carrier Association, Inc. (NACA), respectively, asked the FAA to extend the comment period for Notice No. 05–11. Many of the petitioners said Notice No. 05–11, as well as other Aging Aircraft proposals and related guidance material, present complex issues that would take time to review together. Each petitioner requested a 60-day extension, except Boeing Commercial Airplanes, who requested a 90-day extension, to fully evaluate this proposal before sending comments to the FAA. The FAA concurs with the petitioners’ requests for an extension of the comment period on Notice No. 05– 11. The FAA believes that a 90-day extension, as requested by Boeing Commercial Airplanes, would be excessive. As Notice No. 05–11 presents some complex issues, the FAA initially provided a 90-day comment period. Although the FAA agrees that additional time will allow industry to assess the impact of this regulation and provide meaningful comments, this need must be balanced against the need to proceed expeditiously with a rulemaking that will allow airline operators to comply with existing regulations.1 We believe an additional 60 days, as requested by most of the petitioners, would be adequate for them to review and provide comment to Notice No. 05–11. Absent 1 Aging Airplane Safety final rule: 70 FR 5518, February 2, 2005. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking. Extension of Comment Period In accordance with § 11.47(c) of Title 14, Code of Federal Regulations, the FAA has reviewed the petitions made by ATA, Airbus, Boeing Commercial Airplanes, CAA, and NACA for extension of the comment period to Notice No. 05–11. These petitioners have shown a substantive interest in the proposed rule and good cause for the extension. The FAA also has determined that extension of the comment period is consistent with the public interest, and that good cause exists for taking this action. Accordingly, the comment period for Notice No. 05–11 is extended until September 18, 2006. Issued in Washington, DC, June 29, 2006. John M. Allen, Acting Director, Flight Standards Service, Aviation Safety. Dorenda D. Baker, Acting Director, Aircraft Certification Service, Aviation Safety. [FR Doc. E6–10598 Filed 7–6–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 25, 91, 121, 125, and 129 [Docket No. FAA–2004–18379; Notice No. 05–08] RIN 2120–AI31 Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS) Federal Aviation Administration (FAA), DOT. ACTION: Alignment of compliance times for EAPAS and FTS. AGENCY: SUMMARY: On October 6, 2005, the FAA published the ‘‘Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS)’’ proposed rule. This proposal includes a discussion about our intent to coordinate the Instructions for Continued Airworthiness (ICA) for fuel tank system and electrical wiring interconnection systems (EWIS) to avoid redundancies in those ICA. It also discusses our intent to align the compliance dates for operators to include those ICA in their maintenance programs. The purpose of this document is to advise industry that while we still intend to avoid redundancies in the fuel E:\FR\FM\07JYP1.SGM 07JYP1 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Proposed Rules jlentini on PROD1PC65 with PROPOSAL tank system and EWIS ICA, it is no longer practical to align the compliance dates to incorporate those ICA into operator maintenance programs. As a result, the December 16, 2008 compliance date in the fuel tank safety operational rules remains firm, and industry should proceed with the necessary plans to meet this date. DATES: The mandatory compliance date for airline operators to comply with the fuel tank safety operational rules is December 16, 2008. FOR FURTHER INFORMATION CONTACT: Stephen Slotte, ANM–111, Airplane & Flight Crew Interface, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98055–4056; telephone (425) 227–2315; facsimile (425) 227–1320, e-mail steve.slotte@faa.gov (certification rules) or Fred Sobeck, AFS–304, Aircraft Maintenance Division, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–7355; facsimile (202) 267–7335, e-mail frederick.sobeck@faa.gov (operating rules). SUPPLEMENTARY INFORMATION: Background On May 7, 2001, the FAA issued the ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction, and Maintenance and Inspection Requirements’’ final rule.1 The operational portion of this rule, called ‘‘Fuel Tank Safety Rule,’’ requires operators of affected transport category airplanes to include fuel tank system maintenance and inspection instructions in their existing maintenance programs by a specified date. This final rule also included a Special Federal Aviation Regulation (SFAR) component, called SFAR 88, which applies to design approval holders (DAHs). SFAR 88 requires DAHs, among other things, to develop the fuel tank system maintenance and inspection instructions that operators need to include in their maintenance programs. On July 30, 2004, the FAA published the ‘‘Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane Program Update (Request for Comments)’’ final rule.2 That action revised the compliance date for fuel tank safety operational rules to December 16, 2008. On October 6, 2005, the FAA published the ‘‘Enhanced Airworthiness Program for Airplane Systems and Fuel 1 66 2 69 Tank Safety (EAPAS/FTS)’’ proposal.3 In that proposed rule, we discussed our intent to coordinate the Instructions for Continued Airworthiness (ICA) for fuel tank system and electrical wiring interconnection systems (EWIS). The intent of this approach is to facilitate a more comprehensive treatment of those ICA and accomplish maintenance instructions at consistent intervals. We also discussed our intent to align the compliance times for incorporation of those ICA into operators’ maintenance programs. This would have allowed operators to accomplish their maintenance program revisions for both initiatives at one time. When we originally drafted the EAPAS/FTS proposal, we aligned the compliance dates at December 16, 2008, assuming we would issue the final rule by mid-2006. This would have allowed operators enough time to meet the 2008 compliance date for both fuel tank system and EWIS ICA. However, we also realized the EAPAS/FTS rulemaking could take longer than expected, so we asked for comments about the possible impact on the compliance times. The comment period for the proposal closed on February 3, 2006. We are currently reviewing the comments to the proposal; we anticipate that we will not issue a final rule that will respond to those comments for several months. If we were to keep the compliance times aligned, we would need to extend the December 16, 2008 date to coincide with the compliance date of the EAPAS final rule. After studying the impact of delays in issuing the October 2005 EAPAS/FTS proposal, and after reviewing the comments related to compliance dates, we have determined that public safety would not be served by extending implementation of the fuel tank safety operational rules beyond the December 16, 2008 date. Also, since adoption of the May 7, 2001 final rule, specifically SFAR 88, DAHs have had enough time to develop the required fuel tank system ICA and make them available to operators. Therefore, for the reasons stated, we have decided not to maintain the alignment of the fuel tank system and EWIS compliance times specified in the EAPAS/FTS proposal. Today’s action gives industry notice that the December 16, 2008 date for compliance with the fuel tank safety operational rules remains firm. While alignment of the fuel tank system and EWIS ICA compliance dates is no longer practical, coordination of the maintenance tasks contained in the ICA is still desirable and possible. FR 23086. FR 45936. VerDate Aug<31>2005 3 70 17:37 Jul 06, 2006 Jkt 208001 PO 00000 FR 58508. Frm 00005 Fmt 4702 Sfmt 4702 38543 Therefore, it remains our intent to fully coordinate these tasks to avoid possible conflicts, remove redundancies, and provide maximum efficiency to accomplish them. We are still evaluating the appropriate compliance date for implementation of the EWIS ICA and will provide that date in the EAPAS final rule. Issued in Washington, DC, June 29, 2006. John M. Allen, Acting Director, Flight Standards Service. Dorenda D. Baker, Acting Director, Aircraft Certification Service. [FR Doc. E6–10596 Filed 7–6–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 511 [BOP Docket No. BOP–1137] RIN 1120–AB37 Possession or Introduction of Personal Firearms Prohibited on the Grounds of Bureau of Prisons Facilities Federal Bureau of Prisons, DOJ. Proposed rule. AGENCY: ACTION: SUMMARY: To help ensure the safe operation of Federal Prisons, this rule proposes prohibiting all persons from possessing or introducing personal firearms, or attempting, aiding, or abetting possession or introduction of personal firearms, on the grounds of Bureau of Prisons facilities, with exceptions for possession of personal firearms: (1) As required in the performance of official law enforcement duties; (2) on Bureau firing ranges by law enforcement personnel, as authorized by the Warden; and (3) in Warden-designated secure locations by Bureau employees who reside on Bureau grounds. DATES: Please submit written comments no later than August 7, 2006. ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. Comments should be submitted to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to BOP at BOPRULES@BOP.GOV or by using the http://www.regulations.gov comment form for this regulation. When submitting comments electronically you must include the BOP Docket No. in the subject box. E:\FR\FM\07JYP1.SGM 07JYP1

Agencies

[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Proposed Rules]
[Pages 38542-38543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10596]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25, 91, 121, 125, and 129

[Docket No. FAA-2004-18379; Notice No. 05-08]
RIN 2120-AI31


Enhanced Airworthiness Program for Airplane Systems/Fuel Tank 
Safety (EAPAS/FTS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Alignment of compliance times for EAPAS and FTS.

-----------------------------------------------------------------------

SUMMARY: On October 6, 2005, the FAA published the ``Enhanced 
Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/
FTS)'' proposed rule. This proposal includes a discussion about our 
intent to coordinate the Instructions for Continued Airworthiness (ICA) 
for fuel tank system and electrical wiring interconnection systems 
(EWIS) to avoid redundancies in those ICA. It also discusses our intent 
to align the compliance dates for operators to include those ICA in 
their maintenance programs. The purpose of this document is to advise 
industry that while we still intend to avoid redundancies in the fuel

[[Page 38543]]

tank system and EWIS ICA, it is no longer practical to align the 
compliance dates to incorporate those ICA into operator maintenance 
programs. As a result, the December 16, 2008 compliance date in the 
fuel tank safety operational rules remains firm, and industry should 
proceed with the necessary plans to meet this date.

DATES: The mandatory compliance date for airline operators to comply 
with the fuel tank safety operational rules is December 16, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, ANM-111, Airplane & 
Flight Crew Interface, Federal Aviation Administration, 1601 Lind 
Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-2315; facsimile 
(425) 227-1320, e-mail steve.slotte@faa.gov (certification rules) or 
Fred Sobeck, AFS-304, Aircraft Maintenance Division, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-7355; facsimile (202) 267-7335, e-mail 
frederick.sobeck@faa.gov (operating rules).

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2001, the FAA issued the ``Transport Airplane Fuel Tank 
System Design Review, Flammability Reduction, and Maintenance and 
Inspection Requirements'' final rule.\1\ The operational portion of 
this rule, called ``Fuel Tank Safety Rule,'' requires operators of 
affected transport category airplanes to include fuel tank system 
maintenance and inspection instructions in their existing maintenance 
programs by a specified date. This final rule also included a Special 
Federal Aviation Regulation (SFAR) component, called SFAR 88, which 
applies to design approval holders (DAHs). SFAR 88 requires DAHs, among 
other things, to develop the fuel tank system maintenance and 
inspection instructions that operators need to include in their 
maintenance programs.
---------------------------------------------------------------------------

    \1\ 66 FR 23086.
---------------------------------------------------------------------------

    On July 30, 2004, the FAA published the ``Fuel Tank Safety 
Compliance Extension (Final Rule) and Aging Airplane Program Update 
(Request for Comments)'' final rule.\2\ That action revised the 
compliance date for fuel tank safety operational rules to December 16, 
2008.
---------------------------------------------------------------------------

    \2\ 69 FR 45936.
---------------------------------------------------------------------------

    On October 6, 2005, the FAA published the ``Enhanced Airworthiness 
Program for Airplane Systems and Fuel Tank Safety (EAPAS/FTS)'' 
proposal.\3\ In that proposed rule, we discussed our intent to 
coordinate the Instructions for Continued Airworthiness (ICA) for fuel 
tank system and electrical wiring interconnection systems (EWIS). The 
intent of this approach is to facilitate a more comprehensive treatment 
of those ICA and accomplish maintenance instructions at consistent 
intervals. We also discussed our intent to align the compliance times 
for incorporation of those ICA into operators' maintenance programs. 
This would have allowed operators to accomplish their maintenance 
program revisions for both initiatives at one time.
---------------------------------------------------------------------------

    \3\ 70 FR 58508.
---------------------------------------------------------------------------

    When we originally drafted the EAPAS/FTS proposal, we aligned the 
compliance dates at December 16, 2008, assuming we would issue the 
final rule by mid-2006. This would have allowed operators enough time 
to meet the 2008 compliance date for both fuel tank system and EWIS 
ICA. However, we also realized the EAPAS/FTS rulemaking could take 
longer than expected, so we asked for comments about the possible 
impact on the compliance times. The comment period for the proposal 
closed on February 3, 2006. We are currently reviewing the comments to 
the proposal; we anticipate that we will not issue a final rule that 
will respond to those comments for several months. If we were to keep 
the compliance times aligned, we would need to extend the December 16, 
2008 date to coincide with the compliance date of the EAPAS final rule. 
After studying the impact of delays in issuing the October 2005 EAPAS/
FTS proposal, and after reviewing the comments related to compliance 
dates, we have determined that public safety would not be served by 
extending implementation of the fuel tank safety operational rules 
beyond the December 16, 2008 date. Also, since adoption of the May 7, 
2001 final rule, specifically SFAR 88, DAHs have had enough time to 
develop the required fuel tank system ICA and make them available to 
operators.
    Therefore, for the reasons stated, we have decided not to maintain 
the alignment of the fuel tank system and EWIS compliance times 
specified in the EAPAS/FTS proposal. Today's action gives industry 
notice that the December 16, 2008 date for compliance with the fuel 
tank safety operational rules remains firm.
    While alignment of the fuel tank system and EWIS ICA compliance 
dates is no longer practical, coordination of the maintenance tasks 
contained in the ICA is still desirable and possible. Therefore, it 
remains our intent to fully coordinate these tasks to avoid possible 
conflicts, remove redundancies, and provide maximum efficiency to 
accomplish them.
    We are still evaluating the appropriate compliance date for 
implementation of the EWIS ICA and will provide that date in the EAPAS 
final rule.

    Issued in Washington, DC, June 29, 2006.
John M. Allen,
Acting Director, Flight Standards Service.
Dorenda D. Baker,
Acting Director, Aircraft Certification Service.
[FR Doc. E6-10596 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-13-P