481
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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14 CFR Ch. I (1–1–24 Edition)
§ 26.43
Damage Tolerance Evaluation (DTE)
means a process that leads to a deter-
mination of maintenance actions nec-
essary to detect or preclude fatigue
cracking that could contribute to a
catastrophic failure. As applied to re-
pairs and alterations, a DTE includes
the evaluation both of the repair or al-
teration and of the fatigue critical
structure affected by the repair or al-
teration.
Damage Tolerance Inspection (DTI)
means the inspection developed as a re-
sult of a DTE. A DTI includes the areas
to be inspected, the inspection method,
the inspection procedures, including
acceptance and rejection criteria, the
threshold, and any repeat intervals as-
sociated with those inspections. The
DTI may specify a time limit when a
repair or alteration needs to be re-
placed or modified. If the DTE con-
cludes that DT-based supplemental
structural inspections are not nec-
essary, the DTI contains a statement
to that effect.
DT data mean DTE documentation
and the DTI.
DTE documentation means data that
identify the evaluated fatigue critical
structure, the basic assumptions ap-
plied in a DTE, and the results of a
DTE.
Fatigue critical structure means air-
plane structure that is susceptible to
fatigue cracking that could contribute
to a catastrophic failure, as determined
in accordance with § 25.571 of this chap-
ter. Fatigue critical structure includes
structure, which, if repaired or altered,
could be susceptible to fatigue crack-
ing and contribute to a catastrophic
failure. Such structure may be part of
the baseline structure or part of an al-
teration.
Implementation schedule consists of
documentation that establishes the
timing for accomplishing the necessary
actions for developing DT data for re-
pairs and alterations, and for incor-
porating those data into an operator’s
continuing airworthiness maintenance
program. The documentation must
identify times when actions must be
taken as specific numbers of airplane
flight hours, flight cycles, or both.
Published repair data mean instruc-
tions for accomplishing repairs, which
are published for general use in struc-
tural repair manuals and service bul-
letins (or equivalent types of docu-
ments).
§ 26.43
Holders of and applicants for
type certificates—Repairs.
(a)
Applicability. Except as specified
in paragraph (g) of this section, this
section applies to transport category,
turbine powered airplane models with a
type certificate issued after January 1,
1958, that as a result of original type
certification or later increase in capac-
ity have—
(1) A maximum type certificated pas-
senger seating capacity of 30 or more;
or
(2) A maximum payload capacity of
7,500 pounds or more.
(b)
List of fatigue critical baseline struc-
ture. For airplanes specified in para-
graph (a) of this section, the holder of
or applicant for a type certificate
must—
(1) Identify fatigue critical baseline
structure for all airplane model vari-
ations and derivatives approved under
the type certificate; and
(2) Develop and submit to the respon-
sible Aircraft Certification Service of-
fice for review and approval, a list of
the structure identified under para-
graph (b)(1) of this section and, upon
approval, make the list available to
persons required to comply with § 26.47
and §§ 121.1109 and 129.109 of this chap-
ter.
(c)
Existing and future published repair
data. For repair data published by a
holder of a type certificate that is cur-
rent as of January 11, 2008 and for all
later published repair data, the holder
of a type certificate must—
(1) Review the repair data and iden-
tify each repair specified in the data
that affects fatigue critical baseline
structure identified under paragraph
(b)(1) of this section;
(2) Perform a DTE and develop the
DTI for each repair identified under
paragraph (c)(1) of this section, unless
previously accomplished;
(3) Submit the DT data to the respon-
sible Aircraft Certification Service of-
fice or its properly authorized des-
ignees for review and approval; and
(4) Upon approval, make the DTI
available to persons required to comply
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