479
Federal Aviation Administration, DOT
§ 26.35
paragraph (b) of this section is not re-
quired because design changes and
service instructions for FRM or IMM
will be developed and made available as
required by this section.
(2) A proposed means of compliance
with paragraph (b) of this section, if
applicable.
(h)
Compliance Plan for Design
Changes and Service Instructions. Within
210 days after December 26, 2008, each
holder of a type certificate required to
comply with paragraph (d) of this sec-
tion must submit to the responsible
Aircraft Certification Service office a
compliance plan consisting of the fol-
lowing:
(1) A proposed project schedule, iden-
tifying all major milestones, for meet-
ing the compliance dates specified in
paragraphs (d), (e) and (f) of this sec-
tion.
(2) A proposed means of compliance
with paragraphs (d), (e) and (f) of this
section.
(3) A proposal for submitting a draft
of all compliance items required by
paragraphs (d), (e) and (f) of this sec-
tion for review by the responsible Air-
craft Certification Service office not
less than 60 days before the compliance
times specified in those paragraphs.
(4) A proposal for how the approved
service information and any necessary
modification parts will be made avail-
able to affected persons.
(i) Each affected type certificate
holder must implement the compliance
plans, or later revisions, as approved
under paragraph (g) and (h) of this sec-
tion.
[Doc. No. FAA–2005–22997, 73 FR 42499, July
21, 2008, as amended by Amdt. 26–3, 74 FR
31619, July 2, 2009; Doc. No. FAA–2018–0119,
Amdt. 26–7, 83 FR 9169, Mar. 5, 2018]
§ 26.35
Changes to type certificates af-
fecting fuel tank flammability.
(a)
Applicability. This section applies
to holders and applicants for approvals
of the following design changes to any
airplane subject to 14 CFR 26.33(a):
(1) Any fuel tank designed to be Nor-
mally Emptied if the fuel tank instal-
lation was approved pursuant to a sup-
plemental type certificate or a field ap-
proval before December 26, 2008;
(2) Any fuel tank designed to be Nor-
mally Emptied if an application for a
supplemental type certificate or an
amendment to a type certificate was
made before December 26, 2008 and if
the approval was not issued before De-
cember 26, 2008; and
(3) If an application for a supple-
mental type certificate or an amend-
ment to a type certificate is made on
or after December 26, 2008, any of the
following design changes:
(i) Installation of a fuel tank de-
signed to be Normally Emptied,
(ii) Changes to existing fuel tank ca-
pacity, or
(iii) Changes that may increase the
flammability exposure of an existing
fuel tank for which FRM or IMM is re-
quired by § 26.33(c).
(b)
Flammability Exposure Analysis—(1)
General. By the times specified in para-
graphs (b)(1)(i) and (b)(1)(ii) of this sec-
tion, each person subject to this sec-
tion must submit for approval a flam-
mability exposure analysis of the aux-
iliary fuel tanks or other affected fuel
tanks, as defined in the type design, to
the responsible Aircraft Certification
Service office. This analysis must be
conducted in accordance with Appendix
N of part 25 of this chapter.
(i) Holders of supplemental type cer-
tificates and field approvals: Within 12
months of December 26, 2008,
(ii) Applicants for supplemental type
certificates and for amendments to
type certificates: Within 12 months
after December 26, 2008, or before the
certificate is issued, whichever occurs
later.
(2)
Exception. This paragraph does not
apply to—
(i) Fuel tanks for which the type cer-
tificate holder, supplemental type cer-
tificate holder, or field approval holder
has notified the FAA under paragraph
(f) of this section that it will provide
design changes and service instructions
for an IMM meeting the requirements
of § 25.981(c) in effect December 26, 2008;
and
(ii) Fuel tanks substantiated to be
conventional unheated aluminum wing
tanks.
(c)
Impact Assessment. By the times
specified in paragraphs (c)(1) and (c)(2)
of this section, each person subject to
paragraph (a)(1) of this section holding
an approval for installation of a Nor-
mally Emptied fuel tank on an airplane
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14 CFR Ch. I (1–1–24 Edition)
§ 26.35
model listed in Table 1 of this section,
and each person subject to paragraph
(a)(3)(iii) of this section, must submit
for approval to the responsible Aircraft
Certification Service office an assess-
ment of the fuel tank system, as modi-
fied by their design change. The assess-
ment 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 cer-
tificates and field approvals: Before
June 26, 2011.
(2) Applicants for supplemental type
certificates and for amendments to
type certificates: Before June 26, 2011
or before the certificate is issued,
whichever occurs later.
T
ABLE
1
Model—Boeing
747 Series
737 Series
777 Series
767 Series
757 Series
Model—Airbus
A318, A319, A320, A321 Series
A300, A310 Series
A330, A340 Series
(d)
Design Changes and Service Instruc-
tions. By the times specified in para-
graph (e) of this section, each person
subject to this section must meet the
requirements of paragraphs (d)(1) or
(d)(2) of this section, as applicable.
(1) For holders and applicants subject
to paragraph (a)(1) or (a)(3)(iii) of this
section, if the assessment required by
paragraph (c) of this section identifies
any features of the design change that
compromise any CDCCL applicable to
any airplane on which the design
change is eligible for installation, the
holder or applicant must submit for ap-
proval by the responsible Aircraft Cer-
tification Service office design changes
and service instructions for Flamma-
bility Impact Mitigation Means
(FIMM) that would bring the design
change into compliance with the
CDCCL. Any fuel tank modified as re-
quired by this paragraph must also be
evaluated as required by paragraph (b)
of this section.
(2) Applicants subject to paragraph
(a)(2), or (a)(3)(i) of this section must
comply with the requirements of 14
CFR 25.981, in effect on December 26,
2008.
(3) Applicants subject to paragraph
(a)(3)(ii) of this section must comply
with the requirements of 14 CFR 26.33.
(e)
Compliance Times for Design
Changes and Service Instructions. The
following persons subject to this sec-
tion must comply with the require-
ments of paragraph (d) of this section
at the specified times.
(1) Holders of supplemental type cer-
tificates and field approvals: Before De-
cember 26, 2012.
(2) Applicants for supplemental type
certificates and for amendments to
type certificates: Before December 26,
2012, or before the certificate is issued,
whichever occurs later.
(f)
Compliance Planning. By the appli-
cable date specified in Table 2 of this
section, each person subject to para-
graph (a)(1) of this section must submit
for approval by the responsible Aircraft
Certification Service office compliance
plans for the flammability exposure
analysis required by paragraph (b) of
this section, the impact assessment re-
quired by paragraph (c) of this section,
and the design changes and service in-
structions 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 im-
pact assessment.
(2) A proposed means of compliance
with paragraph (d) of this section.
(3) For the requirements of paragraph
(d) of this section, a proposal for sub-
mitting a draft of all design changes, if
any are required, and Airworthiness
Limitations (including CDCCLs) for re-
view by the responsible Aircraft Cer-
tification Service office not less than
60 days before the compliance time
specified in paragraph (e) of this sec-
tion.
(4) For the requirements of paragraph
(d) of this section, a proposal for how
the approved service information and
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Federal Aviation Administration, DOT
§ 26.41
any necessary modification parts will
be made available to affected persons.
T
ABLE
2—C
OMPLIANCE
P
LANNING
D
ATES
Flammability exposure anal-
ysis plan
Impact assessment plan
Design changes and service
instructions plan
STC and Field Approval Hold-
ers.
March 26, 2009 ......................
February 26, 2011 ..................
August 26, 2011.
(g) Each person subject to this sec-
tion must implement the compliance
plans, or later revisions, as approved
under paragraph (f) of this section.
[Doc. No. FAA–2005–22997, 73 FR 42499, July
21, 2008, as amended by Amdt. 26–3, 74 FR
31619, July 2, 2009; Doc. No. FAA–2018–0119,
Amdt. 26–7, 83 FR 9170, Mar. 5, 2018]
§ 26.37
Pending type certification
projects: Fuel tank flammability.
(a)
Applicability. This section applies
to any new type certificate for a trans-
port category airplane, if the applica-
tion was made before December 26,
2008, and if the certificate was not
issued before December 26, 2008. This
section applies only if the airplane
would have—
(1) A maximum type-certificated pas-
senger capacity of 30 or more, or
(2) A maximum payload capacity of
7,500 pounds or more.
(b) If the application was made on or
after June 6, 2001, the requirements of
14 CFR 25.981 in effect on December 26,
2008, apply.
[Doc. No. FAA–2005–22997, 73 FR 42499, July
21, 2008, as amended by Amdt. 26–3, 74 FR
31619, July 2, 2009]
§ 26.39
Newly produced airplanes: Fuel
tank flammability.
(a)
Applicability: This section applies
to Boeing model airplanes specified in
Table 1 of this section, including pas-
senger and cargo versions of each
model, when application is made for
original certificates of airworthiness or
export airworthiness approvals after
December 27, 2010.
T
ABLE
1
Model—Boeing
747 Series
737 Series
777 Series
767 Series
(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 December 26,
2008.
(1) The fuel tank is Normally
Emptied.
(2) Any portion of the fuel tank is lo-
cated within the fuselage contour.
(3) The fuel tank exceeds a Fleet Av-
erage Flammability Exposure of 7 per-
cent.
(c) All other fuel tanks that exceed
an Fleet Average Flammability Expo-
sure of 7 percent must have an IMM
that meets 14 CFR 25.981(d) in effect on
December 26, 2008, or an FRM that
meets all of the requirements of Appen-
dix M to this part, except instead of
complying with paragraph M25.1 of
that appendix, the Fleet Average Flam-
mability Exposure may not exceed 7
percent.
[Doc. No. FAA–2005–22997, 73 FR 42499, July
21, 2008, as amended by Amdt. 26–3, 74 FR
31619, July 2, 2009]
Subpart E—Aging Airplane Safe-
ty—Damage Tolerance Data
for Repairs and Alterations
S
OURCE
: Docket No. FAA–2005–21693, 72 FR
70505, Dec. 12, 2007, unless otherwise noted.
§ 26.41
Definitions.
Affects (or Affected) means structure
has been physically repaired, altered,
or modified, or the structural loads
acting on the structure have been in-
creased or redistributed.
Baseline structure means structure
that is designed under the original type
certificate or amended type certificate
for that airplane model.
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