482
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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Federal Aviation Administration, DOT
§ 26.43
with §§ 121.1109 and 129.109 of this chap-
ter.
(d)
Future repair data not published.
For repair data developed by a holder
of a type certificate that are approved
after January 11, 2008 and are not pub-
lished, the type certificate holder must
accomplish the following for repairs
specified in the repair data that affect
fatigue critical baseline structure:
(1) Perform a DTE and develop the
DTI.
(2) Submit the DT data required in
paragraph (d)(1) of this section for re-
view and approval by the responsible
Aircraft Certification Service office or
its properly authorized designees.
(3) Upon approval, make the approved
DTI available to persons required to
comply with §§ 121.1109 and 129.109 of
this chapter.
(e)
Repair evaluation guidelines. Ex-
cept for airplane models whose type
certificate is issued after January 11,
2008, holders of a type certificate for
each airplane model subject to this sec-
tion must—
(1) Develop repair evaluation guide-
lines for operators’ use that include—
(i) A process for conducting surveys
of affected airplanes that will enable
identification and documentation of all
existing repairs that affect fatigue
critical baseline structure identified
under paragraph (b)(1) of this section
and § 26.45(b)(2);
(ii) A process that will enable opera-
tors to obtain the DTI for repairs iden-
tified under paragraph (e)(1)(i) of this
section; and
(iii) An implementation schedule for
repairs covered by the repair evalua-
tion guidelines. The implementation
schedule must identify times when ac-
tions must be taken as specific num-
bers of airplane flight hours, flight cy-
cles, or both.
(2) Submit the repair evaluation
guidelines to the responsible Aircraft
Certification Service office for review
and approval.
(3) Upon approval, make the guide-
lines available to persons required to
comply with §§ 121.1109 and 129.109 of
this chapter.
(4) If the guidelines direct the oper-
ator to obtain assistance from the
holder of a type certificate, make such
assistance available in accordance with
the implementation schedule.
(f)
Compliance times. Holders of type
certificates must submit the following
to the responsible Aircraft Certifi-
cation Service office or its properly au-
thorized designees for review and ap-
proval by the specified compliance
time:
(1) The identified list of fatigue crit-
ical baseline structure required by
paragraph (b)(2) of this section must be
submitted no later than 180 days after
January 11, 2008 or before issuance of
the type certificate, whichever occurs
later.
(2) For published repair data that are
current as of January 11, 2008, the DT
data required by paragraph (c)(3) of
this section must be submitted by June
30, 2009.
(3) For repair data published after
January 11, 2008, the DT data required
by paragraph (c)(3) of this section must
be submitted before FAA approval of
the repair data.
(4) For unpublished repair data devel-
oped after January 11, 2008, the DT
data required by paragraph (d)(1) of
this section must be submitted within
12 months of the airplane’s return to
service or in accordance with a sched-
ule approved by the responsible Air-
craft Certification Service office.
(5) The repair evaluation guidelines
required by paragraph (e)(1) of this sec-
tion must be submitted by December
30, 2009.
(g)
Exceptions. The requirements of
this section do not apply to the fol-
lowing transport category airplane
models:
(1) Convair CV–240, 340, 440, if modi-
fied to include turbine engines.
(2) Vickers Armstrong Viscount,
TCDS No. A–814.
(3) Douglas DC–3, if modified to in-
clude turbine engines, TCDS No. A–618.
(4) Bombardier CL–44, TCDS No.
1A20.
(5) Mitsubishi YS–11, TCDS No.
A1PC.
(6) British Aerospace BAC 1–11, TCDS
No. A5EU.
(7) Concorde, TCDS No. A45EU.
(8) deHavilland D.H. 106 Comet 4C,
TCDS No. 7A10.
(9) deHavilland DHC–7, TCDS No.
A20EA.
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14 CFR Ch. I (1–1–24 Edition)
§ 26.45
(10) VFW-Vereinigte Flugtechnische
Werk VFW–614, TCDS No. A39EU.
(11) Illyushin Aviation IL 96T, TCDS
No. A54NM.
(12) Bristol Aircraft Britannia 305,
TCDS No. 7A2.
(13) Handley Page Herald Type 300,
TCDS No. A21N.
(14) Avions Marcel Dassault—Breguet
Aviation Mercure 100C, TCDS No.
A40EU.
(15) Airbus Caravelle, TCDS No. 7A6.
(16) Lockheed L–300, TCDS No. A2S0.
(17) Boeing 707–100/–200, TCDS No.
4A21.
(18) Boeing 707–300/–400, TCDS No.
4A26.
(19) Boeing 720, TCDS No. 4A28.
[Doc. No. FAA–2005–21693, 72 FR 70505, Dec.
12, 2007, as amended by Amdt. 26–4, 75 FR
11734, Mar. 12, 2010; Doc. No. FAA–2018–0119,
Amdt. 26–7, 83 FR 9170, Mar. 5, 2018]
§ 26.45
Holders of type certificates—Al-
terations and repairs to alterations.
(a)
Applicability. This section applies
to transport category airplanes subject
to § 26.43.
(b)
Fatigue critical alteration structure.
For existing and future alteration data
developed by the holder of a type cer-
tificate, the holder must—
(1) Review alteration data and iden-
tify all alterations that affect fatigue
critical baseline structure identified
under § 26.43(b)(1);
(2) For each alteration identified
under paragraph (b)(1) of this section,
identify any fatigue critical alteration
structure;
(3) Develop and submit to the respon-
sible Aircraft Certification Service of-
fice for review and approval a list of
the structure identified under para-
graph (b)(2) of this section; and
(4) Upon approval, make the list re-
quired in paragraph (b)(3) of this sec-
tion available to persons required to
comply with §§ 121.1109 and 129.109 of
this chapter.
(c)
DT Data. For existing and future
alteration data developed by the holder
of a type certificate that affect fatigue
critical baseline structure identified
under § 26.43(b)(1), unless previously ac-
complished, the holder must—
(1) Perform a DTE and develop the
DTI for the alteration and fatigue crit-
ical baseline structure that is affected
by the alteration;
(2) Submit the DT data developed in
accordance with paragraphs (c)(1) of
this section to the responsible Aircraft
Certification Service office or its prop-
erly authorized designees for review
and approval; and
(3) Upon approval, make the DTI
available to persons required to comply
with §§ 121.1109 and 129.109 of this chap-
ter.
(d)
DT Data for Repairs Made to Alter-
ations. For existing and future repair
data developed by a holder of a type
certificate, the type certificate holder
must—
(1) Review the repair data, and iden-
tify each repair that affects any fa-
tigue critical alteration structure iden-
tified under paragraph (b)(2) of this sec-
tion;
(2) For each repair identified under
paragraph (d)(1) of this section, unless
previously accomplished, perform a
DTE and develop DTI;
(3) Submit the DT data developed in
accordance with paragraph (d)(2) of
this section to the responsible Aircraft
Certification Service office or its prop-
erly authorized designees for review
and approval; and
(4) Upon approval, make the DTI
available to persons required to comply
with §§ 121.1109 and 129.109 of this chap-
ter.
(e)
Compliance times. Holders of type
certificates must submit the following
to the responsible Aircraft Certifi-
cation Service office or its properly au-
thorized designees for review and ap-
proval by the specified compliance
time:
(1) The list of fatigue critical alter-
ation structure identified under para-
graph (b)(3) of this section must be sub-
mitted—
(i) No later than 360 days after Janu-
ary 11, 2008, for alteration data ap-
proved before January 11, 2008.
(ii) No later than 30 days after March
12, 2010 or before initial approval of the
alteration data, whichever occurs
later, for alteration data approved on
or after January 11, 2008.
(2) For alteration data developed and
approved before January 11, 2008, the
DT data required by paragraph (c)(2) of
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