97-34166. Repair Assessment for Pressurized Fuselages  

  • [Federal Register Volume 63, Number 1 (Friday, January 2, 1998)]
    [Proposed Rules]
    [Pages 126-136]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-34166]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Parts 91, 121, 125, and 129
    
    
    
    Repair Assessment for Pressurized Fuselages; Proposed Rule
    
    
    
    Proposed Advisory Circular (AC) 120-XX, Repair Assessment of 
    Pressurized Fuselages; Notice
    
    Federal Register / Vol. 63, No. 1 / Friday, January 2, 1998 / 
    Proposed Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Parts 91, 121, 125, and 129
    
    [Docket No. 29104; Notice No. 97-16]
    RIN 2120-AF81
    
    
    Repair Assessment for Pressurized Fuselages
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This proposed rulemaking would require incorporation of repair 
    assessment guidelines for the fuselage pressure boundary (fuselage 
    skins and pressure webs) of certain transport category airplane models 
    into the FAA-approved maintenance or inspection program of each 
    operator of those airplanes. This action is the result of concern for 
    the continued operational safety of airplanes that are approaching or 
    have exceeded their design service goal. The purpose of the repair 
    assessment guidelines is to establish a damage-tolerance based 
    supplemental inspection program for repairs to detect damage, which may 
    develop in a repaired area, before that damage degrades the load 
    carrying capability of the structure below the levels required by the 
    applicable airworthiness standards.
    
    DATES: Comments must be submitted on or before April 2, 1998.
    
    ADDRESSES: Comments on this document may be mailed in triplicate to: 
    Federal Aviation Administration, Office of the Chief Counsel, 
    Attention: Rules Docket (AGC-200), Docket No. 29104, 800 Independence 
    Avenue SW., Washington, DC 20591; or delivered in triplicate to: Room 
    915G, 800 Independence Avenue SW., Washington, DC 20591. Comments 
    delivered must be marked Docket No. 29104. Comments may also be 
    submitted electronically to: [email protected] Comments may be 
    examined in Room 915G weekdays, except Federal holidays, between 8:30 
    a.m. and 5:00 p.m. In addition, the FAA is maintaining an information 
    docket of comments in the Transport Airplane Directorate (ANM-100), 
    Federal Aviation Administration, Northwest Mountain Region, 1601 Lind 
    Avenue SW., Renton, WA 98055-4056. Comments in the information docket 
    may be examined weekdays, except Federal holidays, between 7:30 a.m. 
    and 4:00 p.m.
    
    FOR FURTHER INFORMATION CONTACT:
    
    Dorenda Baker, Manager, Aging Aircraft Program, ANM-109, FAA Transport 
    Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue 
    SW., Renton, WA 98055-4056; telephone (425) 227-2109, facsimile (425) 
    227-1100.
    
    SUPPLEMENTARY INFORMATION: 
    
    Comments Invited
    
        Interested persons are invited to participate in this proposed 
    rulemaking by submitting such written data, views, or arguments as they 
    may desire. Comments relating to the environmental, energy, federalism, 
    or economic impact that might result from adoption of the proposals in 
    this notice are also invited. Substantive comments should also be 
    accompanied by cost estimates. Commenters should identify the 
    regulatory docket or notice number and submit comments in triplicate to 
    the Rules Docket address specified above. All comments received on or 
    before the closing date for comments will be considered by the 
    Administrator before taking action on this proposed rulemaking. The 
    proposals contained in this notice may be changed in light of the 
    comments received. All comments received will be available in the Rules 
    Docket for examination by interested persons, both before and after the 
    closing date for comments. A report summarizing each substantive public 
    contact with FAA personnel concerned with this rulemaking will be filed 
    in the docket. Commenters wishing the FAA to acknowledge receipt of 
    their comments submitted in response to this notice must include a 
    self-addressed, stamped postcard on which the following statement is 
    made: ``Comments to Docket No. 29104. The postcard will be date stamped 
    and returned to the commenter.
    
    Availability of the NPRM
    
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the FAA regulations section 
    of the Fedworld electronic bulletin board service (telephone: 703-321-
    3339), the online Federal Register database through GPO Access 
    (telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
    Committee Bulletin Board service (telephone: 202-267-5948).
        Internet users may reach the FAA's web page at http://www.faa.gov 
    or GPO's Federal Register web page at http://www.access.gpo.gov/
    su__docs for access to recently published rulemaking documents.
        Any person may obtain a copy of this NPRM by submitting a request 
    to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 
    800 Independence Avenue SW., Washington, D.C. 20591, or by calling 
    (202) 267-9677. Communications must identify the notice number of this 
    NPRM. Persons interested in being placed on a mailing list for future 
    rulemaking documents should request from the Office of Public Affairs, 
    Attention: Public Inquiry Center, APA-230, 800 Independence Ave SW., 
    Washington, D.C. 20591, or by calling (202) 267-3484, a copy of 
    Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
    System, which describes the application procedure.
    
    Background
    
        This proposal, to require the incorporation of repair assessment 
    guidelines into the maintenance or inspection program for certain 
    transport category airplanes, follows from commitments made by the FAA 
    and the aviation community in June 1988 to address the issues 
    concerning the safety of aging transport airplanes.
        In April 1988, a high-cycle transport airplane enroute from Hilo to 
    Honolulu, Hawaii, suffered major structural damage to its pressurized 
    fuselage during flight. This accident was attributed in part to the age 
    of the airplane involved. The economic benefit of operating certain 
    older technology airplanes has resulted in the operation of many such 
    airplanes beyond their previously projected retirement age. Because of 
    the problems revealed by the accident in Hawaii and the continued 
    operation of older airplanes, both the FAA and industry generally 
    agreed that increased attention needed to be focused on the aging fleet 
    and on maintaining its continued operational safety.
        In June 1988, the FAA sponsored a conference on aging airplanes. As 
    a result of that conference, an aging aircraft task force was 
    established in August 1988 as a sub-group of the FAA's Research, 
    Engineering, and Development Advisory Committee, representing the 
    interests of the aircraft operators, aircraft manufacturers, regulatory 
    authorities, and other aviation representatives. The task force, then 
    known as the Airworthiness Assurance Task Force (AATF), set forth five 
    major elements of a program for keeping the aging fleet safe. For each 
    airplane model in the aging transport fleet, (1) select service 
    bulletins describing modifications and inspections necessary to 
    maintain structural integrity; (2) develop
    
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    inspection and prevention programs to address corrosion; (3) develop 
    generic structural maintenance program guidelines for aging airplanes; 
    (4) review and update the Supplemental Structural Inspection Documents 
    (SSID) which describe inspection programs to detect fatigue cracking; 
    and (5) assess damage-tolerance of structural repairs. Structures Task 
    Groups sponsored by the Task Force were assigned the task of developing 
    these elements into usable programs.
        Today the Task Force, which has been reestablished as the 
    Airworthiness Assurance Working Group (AAWG) of the Aviation Rulemaking 
    Advisory Committee (ARAC), has completed its work on the first four 
    elements. This proposed rulemaking addresses the fifth element, the 
    assessment of repair damage tolerance.
    
    Related Regulatory Activity
    
        In addition to the initiatives previously discussed, there are 
    other activities associated with FAA's Aging Aircraft Program. These 
    include FAA's response to the Aging Aircraft Safety Act and future 
    rulemaking to mandate corrosion prevention and control programs for all 
    airplanes used in air transportation.
        The Aging Aircraft Safety Act of 1991 (Pub. L. 49 U.S.C. 44717) 
    instructed the Administrator to prescribe regulations that ensure the 
    continuing airworthiness of aging aircraft through inspections and 
    reviews of the maintenance records of each aircraft an air carrier uses 
    in air transportation. In response to the Act, the FAA published notice 
    93-14 on October 5, 1993 (58 FR 51944). The FAA has reviewed the public 
    comments to that Notice and anticipates regulatory action in the near 
    future based on those comments and other considerations.
        In addition, the FAA has found that some operators do not have a 
    programmatic approach to corrosion prevention and control programs 
    (CPCP). In its accident investigation report (NTSB/AAR-89/03) on the 
    Aloha accident, the NTSB recommended that the FAA mandate a 
    comprehensive and systematic CPCP. Therefore, the FAA is considering 
    rulemaking to mandate CPCPS for all airplanes used in air 
    transportation. As part of that deliberation, the FAA is considering 
    the corrosion prevention and control programs recommended by the AATF 
    and adopted by the FAA through Airworthiness Directives (ADs); those 
    ADs affect all of the airplanes affected by this proposal.
    
    The Aviation Rulemaking Advisory Committee
    
        The ARAC was formally established by the FAA on January 22, 1991 
    (56 FR 2190), to provide advice and recommendations concerning the full 
    range of the FAA's safety-related rulemaking activity. This advice was 
    sought to develop better rules in less overall time using fewer FAA 
    resources than are currently needed. The committee provides the 
    opportunity for the FAA to obtain firsthand information and insight 
    from interested parties regarding proposed new rules or revisions of 
    existing rules.
        There are over 60 member organizations on the committee, 
    representing a wide range of interests within the aviation community. 
    Meetings of the committee are open to the public, except as authorized 
    by section 10(d) of the Federal Advisory Committee Act.
        The ARAC establishes working groups to develop proposals to 
    recommend to the FAA for resolving specific issues. Tasks assigned to 
    working groups are published in the Federal Register. Although working 
    group meetings are not generally open to the public, all interested 
    parties are invited to participate as working group members. Working 
    groups report directly to the ARAC, and the ARAC must concur with a 
    working group proposal before that proposal can be presented to the FAA 
    as an advisory committee recommendation.
        The activities of the ARAC will not, however, circumvent the public 
    rulemaking procedures. After an ARAC recommendation is received and 
    found acceptable by the FAA, the agency proceeds with the normal public 
    rulemaking procedures. Any ARAC participation in a rulemaking package 
    will be fully disclosed in the public docket.
        By Federal Register notice dated November 30, 1992 (57 FR 56627), 
    the AATF was placed under the auspices of the Aviation Rulemaking 
    Advisory Committee (ARAC) and renamed as the Airworthiness Assurance 
    Working Group. One of the specific tasks assigned to the AAWG was to 
    develop recommendations concerning whether new or revised requirements 
    and compliance methods for structural repair assessments of existing 
    repairs should be initiated and mandated for the Airbus A300; BAC 1-11; 
    Boeing 707/720, 727, 737, 747; Douglas DC-8, DC-9/MD-80, DC-10; Fokker 
    F-28; and Lockheed L-1011 airplanes.
    
    The Concern Posed By Older Repairs
    
        The basic structure of each of the large jet transports that would 
    be affected by this proposed rule was required at the time of original 
    certification to meet the applicable regulatory standards for fatigue 
    or fail-safe strength. Repairs and modifications to this structure were 
    also required to meet these same standards.
        These early fatigue or fail-safe requirements did not provide for 
    timely inspection of critical structure so that damaged or failed 
    components could be dependably identified and repaired or replaced 
    before a hazardous condition developed. In 1978 a new certification 
    requirement called damage tolerance was introduced to assure the 
    continued structural integrity of transport category airplanes 
    certificated after that time. This concept was adopted as an amendment 
    to Sec. 25.571 by Amendment 25-45 (43 FR 46242), and for existing 
    designs, guidance material based on this rule was published in 1981 as 
    Advisory Circular (AC) 91-56, Supplemental Structural Inspection 
    Program for Large Transport Category Airplanes.
        Damage tolerance is a structural design and inspection methodology 
    used to maintain safety considering the possibility of metal fatigue or 
    other structural damage (i.e., safety is maintained by adequate 
    structural inspection until the damage is repaired). The underlying 
    principle for damage tolerance is that the initiation and growth of 
    structural fatigue damage can be anticipated with sufficient precision 
    to allow inspection programs to safely detect damage before it reaches 
    a critical size. A damage-tolerance evaluation entails the prediction 
    of sites where fatigue cracks are most likely to initiate in the 
    airplane structure, the prediction of the crack trajectories and rates 
    of growth under repeated airplane structural loading, the prediction of 
    the size of the damage at which strength limits are exceeded, and an 
    analysis of the potential opportunities for inspection of the damage as 
    it progresses. This information is used to establish an inspection 
    program for the structure that, if rigorously followed, will be able to 
    detect cracking that may develop before it precipitates a major 
    structural failure. A damage-tolerant structure is one in which damage 
    would be detected by reliance on normally performed maintenance and 
    inspection actions long before it becomes hazardous.
        The evidence to date is that when all critical structure is 
    included, the damage-tolerant concept, and the supplemental inspection 
    programs that
    
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    are based on it, provide the best assurance of continued structural 
    integrity that is currently available. In order to apply this concept 
    to existing transport airplanes, beginning in 1984, the FAA issued a 
    series of Airworthiness Directives (AD's) requiring compliance with the 
    first supplemental inspection programs resulting from application of 
    this concept to existing airplanes. Nearly all of the airplane models 
    affected by this proposed rule are now covered by such AD's. Generally, 
    these AD's require that operators incorporate Supplemental Structural 
    Inspection Documents (SSID's) into their maintenance programs for the 
    affected airplanes. These documents were derived from damage-tolerance 
    assessments of the originally certificated type designs for these 
    airplanes. For this reason, the majority of AD's written for the SID 
    program did not attempt to address issues relating to the damage 
    tolerance of repairs that had been made to the airplanes. The objective 
    of this proposed rule is to provide that same level of assurance for 
    areas of the structure that have been repaired.
        Repairs are a concern on older airplanes because of the possibility 
    that they may develop, cause, or obscure metal fatigue, corrosion, or 
    other damage during service. This damage might occur within the repair 
    itself or in the adjacent structure and might ultimately lead to 
    structural failure. The damage-tolerance evaluation of a repair would 
    be used in an assessment program to establish an appropriate inspection 
    program, or a replacement schedule if the necessary inspection program 
    is too demanding or not possible. The objective of the repair 
    assessment is to assure the continued structural integrity of the 
    repaired and adjacent structure based on damage-tolerance principles.
        In general, repairs present a more challenging problem to solve 
    than the original structure because they are unique and tailored in 
    design to correct particular damage to the original structure. Whereas 
    the performance of the original structure may be predicted from tests 
    and from experience on other airplanes in service, the behavior of a 
    repair and its effect on the fatigue characteristics of the original 
    structure are generally not known to the same extent as for the basic 
    unrepaired structure.
        The available service record and surveys of out-of-service and in-
    service airplanes have indicted that existing repairs perform well. 
    Although the cause of an airplane accident has never been attributed to 
    properly applied repairs using the original repair data, repairs may be 
    of concern as time-in-service increases for the following reasons:
        1. As airplanes age, both the number and age of the existing 
    repairs increase. Along with this increase in the number of and age of 
    repairs is the possibility of unforeseen repair interaction, autogenous 
    failure, or other damage occurring in the repaired area. The continued 
    operational safety of these airplanes depends primarily on a 
    satisfactory maintenance program (inspections conducted at the right 
    time, in the right place, using the most appropriate technique). To 
    develop this program, a damage tolerance evaluation of repairs to 
    flight-critical structure is essential. The longer an airplane is in 
    service, the more important this evaluation and a subsequent inspection 
    program become.
        2. The practice of damage-tolerance methodology has evolved 
    gradually over the last 20 plus years. Some repairs described in the 
    airplane manufacturers' Structural Repair Manuals (SRMs) were not 
    designed to current standards. Repairs accomplished in accordance with 
    the information contained in the early versions of the SRMs may require 
    additional inspections if evaluated using the current methodology.
        3. Because a regulatory requirement for damage tolerance was not 
    applied to airplane designs type certificated before 1978, the damage-
    tolerance characteristics of repairs may vary widely and are largely 
    unknown.
    
    Development of Recommendation
    
        To address the ARAC assignment on repairs, the AAWG tasked the 
    manufacturers to develop repair assessment guidelines requiring 
    specific maintenance programs to maintain the damage-tolerance 
    integrity of the basic airframe. The following criteria were developed 
    to assist the manufacturers in the development of that guidance 
    material:
         Specific repair size limits for which no assessment is 
    necessary should be selected for each model of airplane.
         Repairs that do not conform to SRM standards must be 
    reviewed and may require further action.
         Repairs must be reviewed where the repair has been 
    installed in accordance with SRM data that have been superseded or 
    rendered inactive by new damage-tolerant designs.
         Repairs in close proximity to other repairs or 
    modifications require review to determine their impact on the continued 
    airworthiness of the airplane.
         Repairs that exhibit structural distress should be 
    replaced before further flight.
        To identify the scope of the overall program, fleet data were 
    required. This resulted in the development of a five-step program to 
    develop factual data for the development of the rule. The five-step 
    AAWG program consisted of:
         Development of model specific repair assessment guidelines 
    using AAWG repair criteria.
         Completion of a survey of a number of operators' airplanes 
    to assess fuselage skin repairs, and to validate the approach of the 
    manufacturer's repair assessment guidelines.
         Determination of the need for and the development of a 
    world-wide survey.
         Collection and assessment of results to determine further 
    necessary actions.
         Development of specific manufacturer/operator/FAA actions.
        Early in the development of this task, each manufacturer began to 
    prepare model specific repair assessment guidelines. When sufficiently 
    developed, these draft guidelines were shared with the operators to get 
    feedback on acceptability and suggestions for improvement. The 
    operators stressed the need for commonality in approach and ease of use 
    of the guidelines. They also expressed the need for guidelines that 
    could be used on the shop floor without engineering assistance and 
    without extensive training.
        Meanwhile, the AAWG conducted two separate surveys of existing 
    repairs on airplanes to collect necessary data. The first survey was 
    conducted in March 1992 on certain large transport category airplanes 
    being held in storage. Teams, comprised of engineering representatives 
    from various organizations, including FAA's Aircraft Certification and 
    Flight Standards offices, operators, and manufacturers, surveyed 356 
    external fuselage skin repairs on 30 airplanes of 6 types. Using repair 
    classification criteria developed by the individual airplane 
    manufacturers, the teams concluded that the general quality of the 
    repairs appeared good. Forty percent of the repairs were adequate, 
    requiring no supplemental inspections, and sixty percent needed a more 
    comprehensive damage-tolerance based assessment, with the possibility 
    that supplemental inspections might be needed. Some determining factors 
    on the need for further assessment were the size of the repair and its 
    proximity to other repairs. While the survey sample size was very small 
    compared to the total population of transport airplanes type 
    certificated
    
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    prior to 1978, it provided objective information on the quality and 
    damage-tolerance characteristics of existing airplane repairs.
        In 1994, the AAWG requested that the manufacturers conduct a second 
    survey on airplane repairs to validate the 1992 results and to provide 
    additional information relative to the estimated cost of the assessment 
    program. The manufacturers were requested to visit airlines operating 
    their products and to conduct surveys on airplanes in heavy 
    maintenance. An additional 35 airplanes were surveyed in which 695 
    repairs were evaluated. This survey was expanded to include all areas 
    of the airframe. The evaluation revealed substantially similar results 
    to the 1992 results in which forty percent of the repairs were 
    classified as adequate, and sixty percent of the repairs required 
    consideration for additional supplemental inspection during service. In 
    addition, only a small number of repairs (less than 10 percent) were 
    found on portions of the airframe other than the external fuselage 
    skin.
        The AAWG proposed that the repair assessment be initially limited 
    to the fuselage pressure boundary (fuselage skins and bulkhead webs); 
    if necessary, future rulemaking would address the remaining primary 
    structure. This limitation is based on two considerations.
        First, the fuselage is more sensitive to structural fatigue than 
    other airplane structure because its normal operating loads are closer 
    to its limit design loads. Stresses in a fuselage are primarily 
    governed by the pressure relief valve settings of the environmental 
    control system, and these are less variable from flight to flight than 
    the gust or maneuver loads that typically determine the design stresses 
    in other structure. Second, the fuselage is more prone to damage from 
    ground service equipment than other structure and requires repair more 
    often. The result of the second survey described above supports the 
    conclusion that repairs to the fuselage are far more frequent than to 
    any other structure.
        This proposed rule would only apply to eleven large transport 
    category airplane models. (In the original ARAC task, the 707 and 720 
    were counted as one model. This proposed rule addresses the 707 and 720 
    models separately due to their different flight cycle implementation 
    times.) The reason for this limitation is that the original tasking to 
    the ARAC limited the scope of the work to the eleven oldest models of 
    large transport category airplanes then in regular service. This 
    tasking identified those airplanes for which the greatest concern 
    exists as to the status of primary structure repairs. Derivatives of 
    the original airplanes models are covered to the extent that the 
    structure has not been upgraded to meet damage tolerance requirements.
        Those transport category airplanes that have been certificated to 
    regulatory standards that include the requirements for damage tolerant 
    structure under Sec. 25.571 of 14 CFR part 25, as amended by Amendment 
    25-45, are not included. These later requirements make it incumbent on 
    the operating certificate holder to return the structure to the 
    original certification basis by installing only those repairs that meet 
    the airplane's damage-tolerant certification basis. The AAWG, in its 
    final report on this subject, did recommend continued monitoring of 
    repairs on the newer airplanes, with the possibility of additional 
    rulemaking if conditions warrant. (A copy of the AAWG's final report is 
    included in the public docket for this rulemaking.)
        As a result of the AAWG activities, the manufacturers have 
    recognized the need for, and made a commitment to develop, for each 
    affected airplane model, a repair assessment guidelines document and a 
    Structural Repair Manual, updated to include the results of a damage-
    tolerance assessment. When referring to these documents and related 
    actions in this proposed rule, the FAA is referring to actions the 
    manufacturers have agreed to take.
        It was also recognized by the AAWG that repair assessment 
    guidelines would add to, or in some cases appear to be in conflict 
    with, existing repair approval data. All repairs assessed under this 
    proposed rule should have been previously approved by the FAA using an 
    FAA-approved SRM, an FAA-approved Service Bulletin, or a repair scheme 
    approved by an FAA Designated Engineering Representative or an SFAR 36 
    authorization holder. To avoid the appearance of conflicts between FAA 
    approved data sources, the manufacturers have agreed to update the 
    affected SRMs, as well as repairs identified in Service Bulletins, to 
    determine requirements for supplemental inspections, if not already 
    addressed.
        Structural modifications and repairs mandated by Airworthiness 
    Directives do not always contain instructions for future supplemental 
    inspection requirements. The manufacturers have agreed to evaluate the 
    need for post modification inspections for these mandated modifications 
    and repairs. A list of Service Bulletins that are the subject of 
    Airworthiness Directives will be contained in the model specific repair 
    assessment guidelines, with required post modification/repair 
    inspection programs as required. A list of other structural Service 
    Bulletins will be provided in the model specific repair assessment 
    guidelines with associated inspection thresholds and repeat intervals. 
    The manufacturers have agreed to complete their review of Service 
    Bulletin related skin repairs in conjunction with the initial SRM 
    updates.
        These agreements notwithstanding, there is still a possibility that 
    the requirements in the repair assessment guidelines will not agree 
    with that in an AD, especially if the AD was written to address a 
    modification to the airplane made by someone other than the original 
    manufacturer. Federal Aviation Regulations would require that 
    compliance be shown with both the AD and this proposed rule. Such dual 
    compliance can be avoided in the longer term by working with the 
    manufacturer, if that is the source of difficulty, or by securing an 
    Alternative Method of Compliance (AMOC) to the AD. In the short term, 
    compliance with the earlier threshold, shorter repeat inspection 
    interval or more stringent rework/replace schedule would always 
    constitute compliance with the less stringent requirement. Thus, the 
    operator would not be faced with an unresolvable conflict.
        The AATF originally recommended that the use of repair assessment 
    guidelines be mandated by Airworthiness Directive. The FAA concluded 
    that an unsafe condition necessitating AD action had not been 
    established for repairs, and this position is supported by both repair 
    surveys. However, the FAA also considered, and the AAWG agreed, that 
    the long term concern with repairs on older airplanes, as described 
    earlier, does warrant regulatory action, and this proposed rule 
    addresses that concern.
        The AAWG also recognized that the concerns discussed above for the 
    safety of existing repairs would also apply to the long-term safety of 
    future repairs to these airplanes. Therefore, the AAWG considered that 
    new repairs should also be subject to damage-tolerance assessments. It 
    is expected that most new repairs will be installed in accordance with 
    an FAA-approved SRM that has been updated to include this damage-
    tolerance assessment. However, in the event that a new repair is 
    installed for which no such assessment has been made, or is available, 
    the repair assessment guidelines prepared to meet the requirements of 
    this proposal should be used. The intent of this proposed rule is that 
    all repairs to
    
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    the fuselage pressure boundary will be evaluated for damage-tolerance, 
    and that any resulting inspection schedule will be specified and the 
    work accomplished, regardless of when, or by whom the repair was 
    installed.
    
    Repair Assessment Guidelines
    
        The next step in the AAWG's program for this task was to develop a 
    repair assessment methodology that is effective in evaluating the 
    continued airworthiness of existing repairs for the fuselage pressure 
    boundary on affected transport category airplane models. Older airplane 
    models may have many structural repairs, so the efficiency of the 
    assessment procedure is an important consideration. In the past, 
    evaluation of repairs for damage-tolerance would require direct 
    assistance from the manufacturer. Considering that each repair design 
    is different, that each airplane model is different, that each area of 
    the airplane is subjected to a different loading environment, and that 
    the number of engineers qualified to perform a damage-tolerance 
    assessment is small, the size of an assessment task conducted in that 
    way would be unmanageable. Therefore, a new approach was developed.
        Since repair assessment results will depend on the model specific 
    structure and loading environment, the manufacturers were tasked to 
    create an assessment methodology for the types of repairs expected to 
    be found on each affected airplane model. Since the records on most of 
    these repairs are not readily available, locating the repairs will 
    necessitate surveying the structure of each airplane. A survey form was 
    created that may be used to record key repair design features needed to 
    accomplish a repair assessment. Airline personnel not trained as 
    damage-tolerance specialists can use the form to document the 
    configuration of each observed repair.
        Using the information from the survey form as input data, the 
    manufacturers have developed simplified methods to determine the damage 
    tolerance characteristics of the surveyed repairs. Although the repair 
    assessments should be performed by well trained personnel familiar with 
    the model specific repair assessment guidelines, these methods enable 
    an engineer or technician, not trained as a damage-tolerance 
    specialist, to perform the repair assessment without the assistance of 
    the manufacturer.
        From the information on the survey form, it is also possible to 
    classify repairs into one of three categories:
    
        Category A: A permanent repair for which the baseline zonal 
    inspection (BZI), (typical maintenance inspection intervals assumed 
    to be performed by most operators), is adequate to ensure continued 
    airworthiness (inspectability) equal to the unrepaired surrounding 
    structure.
        Category B: A permanent repair that requires supplemental 
    inspections to ensure continued airworthiness.
        Category C: A temporary repair that will need to be rewarded or 
    replaced prior to an established time limit. Supplemental 
    inspections may be necessary to ensure continued airworthiness prior 
    to this limit.
    
        This methodology is being generated by the airplane manufacturers. 
    Model specific repair assessment guidelines will be prepared by the 
    manufacturers for the eleven aging airplane models. Uniformity and 
    similarity of these repair assessment procedures between models is 
    important to simplify operator workload. The manufacturers have spent 
    considerable time over the last four years to achieve commonality of 
    the repair assessment process. The inspection intervals contained in 
    the FAA-approved model specific guidelines documents are based on 
    residual strength, crack growth, and inspectability evaluations. The 
    manufacturers are endeavoring to make the inspection methods and 
    intervals compatible with typical operator maintenance practice. Thus, 
    internal inspections would be acceptable at ``D-check'' intervals, or 
    equivalent cycle limit, while simpler external inspections could be 
    accommodated at multiple ``C-check'' intervals, or equivalent cycle 
    limit. If the inspection method and intervals for a given repair are 
    not compatible with the operator's maintenance schedule, the repair 
    could be replaced with a more damage-tolerant repair.
        The model specific repair assessment guidelines documents are 
    scheduled to be published no later than July 1, 1997, and will require 
    approval by the FAA Aircraft Certification Office (ACO) having 
    cognizance over the type certificate. Once approved, this material can 
    also be used for evaluating the damage-tolerance characteristics of new 
    repairs for continued airworthiness.
        In order to further facilitate the assessment process, the 
    manufacturers have agreed to update model specific SRMs to reflect 
    damage tolerance repair considerations. The goal is to complete these 
    updates by the first revision cycle of the model specific SRM, after 
    the release of the associated repair assessment guidelines document. 
    Consistent with the result of the surveys, only fuselage pressure 
    boundary repairs are under consideration in this proposal.
        The general section of each SRM, Chapter 51, will contain brief 
    descriptions of damage tolerance considerations, categories of repairs, 
    description of baseline zonal inspections, and the repair assessment 
    logic diagram. Chapter 53 of the SRM for pressurized fuselage skin will 
    be updated to identify repair categories and related information.
        In updating each SRM, existing location-specific repairs should be 
    labeled with appropriate repair category identification (A, B, or C), 
    and specific inspection requirements for B and C repairs should also be 
    provided as applicable.
        Structural Repair Manual descriptions of generic repairs will also 
    contain repair category considerations regarding size, zone, and 
    proximity. Detailed information for determination of inspection 
    requirements will be provided in separate repair assessment guidelines 
    documents for each model. Repairs which were installed in accordance 
    with a once current SRM, but which have now been superseded by a new 
    damage-tolerant design, will require review. Such superseded repairs 
    may be reclassified to Category B or C, requiring additional 
    inspections and/or rework.
    
    Repair Assessment Process
    
        There are two principle techniques that can be used to accomplish 
    the repair assessment. The first technique involves a three stage 
    procedure. This technique could be well suited for operators of small 
    fleets. The second technique involves the incorporation of the repair 
    assessment guidelines as part of an operator's routine maintenance 
    program. This approach could be well suited for operators of large 
    fleets and would evaluate repairs at predetermined planned maintenance 
    visits as part of the maintenance program. Manufacturers and operators 
    may develop other techniques, which would be acceptable as long as they 
    fulfill the objectives of this proposed rule, and are FAA approved.
        The first technique generally involves the execution of the 
    following three stages:
    Stage 1--Data Collection
        This stage specifies what structure should be assessed for repairs 
    and collects data for further analysis. If a repair is on a structure 
    in an area of concern, the analysis continues, otherwise the repair 
    does not require classification per this program.
        Repair assessment guidelines for each model will provide a list of 
    structure for which repair assessments are required.
    
    [[Page 131]]
    
    Some manufacturers have reduced this list by determining the inspection 
    requirements for critical details. If the requirements are equal to 
    normal maintenance checks (e.g., BZI checks), those details were 
    excluded from this list.
        Repair details are collected for further analysis in Stage 2. 
    Repairs that do not meet the static strength requirements or are in a 
    bad condition are immediately identified, and corrective actions must 
    be taken before further flight.
    Stage 2--Repair Categorization
        The repair categorization is accomplished by using the data 
    gathered in Stage 1 to answer simple questions regarding structural 
    characteristics.
        If the maintenance program is at least as rigorous as the BZI 
    identified in the manufacturer's model specific repair assessment 
    guidelines, well designed repairs in good condition meeting size and 
    proximity requirements are Category A. Simple condition and design 
    criteria questions are provided in Stage 2 to define the lower bounds 
    of Category B and Category C repairs. The process continues for 
    Category B and C repairs.
    Stage 3--Determination of Structural Maintenance Requirements
        The supplemental inspection and/or replacement requirements for 
    Category B and C repairs are determined in this stage. Inspection 
    requirements for the repair are determined by calculation or by using 
    predetermined values provided by the manufacturer, or other values 
    obtained using an FAA-approved method.
        In evaluating the first supplemental inspection, Stage 3 will 
    define the inspection threshold in flight cycles measured from the time 
    of repair installation. If the time of installation of the repair is 
    unknown and the airplane has exceeded the assessment implementation 
    times or has exceeded the time for first inspection, the first 
    inspection should occur by the next ``C-check'' interval, or equivalent 
    cycle limit after the repair data is gathered (Stage 1).
        An operator may choose to accomplish all three stages at once, or 
    just Stage 1. In the latter case, the operator would be required to 
    adhere to the schedule specified in the FAA-approved model specific 
    repair assessment guidelines for completion of Stages 2 and 3.
        Incorporating the maintenance requirements for Category B and C 
    repairs into an operator's individual airplane maintenance or 
    inspection program completes the repair assessment process for the 
    first technique.
        The second technique would involve setting up a repair maintenance 
    program to evaluate all fuselage pressure boundary repairs at each 
    predetermined maintenance visit to confirm that they are permanent. 
    This technique would require the operator to choose an inspection 
    method and interval in accordance with the FAA-approved repair 
    assessment guidelines. The repairs whose inspection requirements are 
    fulfilled by the chosen inspection method and interval would be 
    inspected in accordance with the regular FAA-approved maintenance 
    program. Any repair that is not permanent, or whose inspection 
    requirements are not fulfilled by the chosen inspection method and 
    interval, would either be: (1) Upgraded to allow utilization of the 
    chosen inspection method and interval, or (2) individually tracked to 
    account for the repair's unique inspection method and interval 
    requirements. This process is then repeated at the chosen inspection 
    interval.
        Repairs added between the predetermined maintenance visits, 
    including interim repairs installed at remote locations, would be 
    required either to have a threshold greater than the length of the 
    predetermined maintenance visit or to be tracked individually to 
    account for the repair's unique inspection method and interval 
    requirements. This would ensure the airworthiness of the structure 
    until the next predetermined maintenance visit, at which time the 
    repair would be evaluated as part of the repair maintenance program.
        Whichever technique is used, there may be some repairs that cannot 
    easily be upgraded to Category A for cost, downtime, or technical 
    reasons. Such repairs will require supplemental inspections, and each 
    operator should make provisions for this when incorporating the repair 
    assessment guidelines into its maintenance program.
    
    Repair Assessment Implementation Time
    
        The implementation time for the assessment of existing repairs is 
    based on the findings of the repair surveys and fatigue damage 
    considerations. The repair survey findings indicated that all repairs 
    reviewed appeared to be in good structural condition. This tended to 
    validate the manufacturer's assumptions in designing both the repair 
    and the basic structure. Since the manufacturer had based the design 
    stress levels on a chosen Design Service Goal (DSG), it was concluded 
    that the repair assessment needed to be implemented sometime before a 
    specific model reached its DSG. Based on this logic, the manufacturers 
    and operators established an upper bound for an assessment to be 
    completed and then reduced it to establish an ``implementation time,'' 
    defined as 75 percent of DSG in terms of flight cycles.
        Therefore, under this approach, incorporation of the repairs 
    assessment guidelines into an airplane's maintenance or inspection 
    program ideally should be accomplished before an airplane accumulates 
    75 percent of DSG. After the guidelines are incorporated into the 
    maintenance or inspection program, operators should begin the 
    assessment process for existing fuselage repairs within the flight 
    cycle limit specified in the FAA-approved model specific repair 
    assessment guidelines. There are three deadlines for beginning the 
    repair assessment process, depending on the cycle age of the airplane 
    on the effective date of the rule.
    1. Airplane Cycle Age Equal to or less than Implementation Time on the 
    Rule Effective Date
        The operator would be required to incorporate the guidelines in its 
    maintenance or inspection program by the flight cycle implementation 
    time, or one year after the effective date of the rule, whichever 
    occurs later. The assessment process would begin (e.g., accomplishment 
    of Stage 1) on or before the cycle limit specified in the repair 
    assessment guidelines (generally equivalent to a ``D'' check) after 
    incorporation of the guidelines.
    2. Airplane Cycle Age greater than the Implementation Time but less 
    than the DSG on the Rule Effective Date
        The operator would be required to incorporate the guidelines in its 
    maintenance or inspection program within one year of the rule effective 
    date. The assessment process would begin (e.g., accomplishment of Stage 
    1) on or before the cycle limit in the repair assessment guidelines 
    (generally equivalent to a ``D'' check), not to exceed the cycle limit 
    computed by adding the DSG to the cycle limit equivalent of a ``C'' 
    check (also specified in the repair assessment guidelines) after 
    incorporation of the guidelines.
    3. Airplane Cycle Age greater than the DSG on the Rule Effective Date
        The operator would be required to incorporate the guidelines in its 
    maintenance or inspection program within one year of the rule effective
    
    [[Page 132]]
    
    date. The assessment process would begin (e.g., accomplishment of Stage 
    1) on or before the cycle limit specified in the repair assessment 
    guidelines (equivalent to a ``C'' check) after incorporation of the 
    guidelines.
        In each of these three cases, the assessment process would have to 
    be completed, the inspections conducted, and any necessary corrective 
    action taken, all in accordance with the schedule specified in the FAA-
    approved repair assessment guidelines.
    
    Discussion of the Proposed Rule
    
        This proposed rule is intended to ensure that a comprehensive 
    repairs assessment for damage-tolerance be completed for fuselage 
    pressure boundary repairs, and that the resulting inspections, 
    modifications and corrective actions (if any) be accomplished in 
    accordance with the model specific repair assessment guidelines. To 
    comply with this, the operator would need to consider the following:
        1. The means by which the FAA-approved repair assessment guidelines 
    are incorporated into a certificate holder's FAA-approved maintenance 
    or inspection program, as would be required by the proposed rule, is 
    subject to approval by the certificate holder's principal maintenance 
    inspector (PMI) or other cognizant airworthiness inspector.
        2. The repair assessment guidelines must be approved by the FAA 
    Aircraft Certification Office (ACO) having cognizance over the type 
    certificate of the airplane.
        3. This rule would not impose any new reporting requirements; 
    however, normal reporting required under 14 CFR 121.703 would still 
    apply.
        4. This rule would not impose any new FAA recordkeeping 
    requirements. However, as with all maintenance, the current operating 
    regulations (e.g., 14 CFR 121.380) already impose recordkeeping 
    requirements that would apply to the actions required by this proposed 
    rule. When incorporating the repair assessment guidelines into its 
    approved maintenance program, each operator should address the means by 
    which it will comply with these recordkeeping requirements. That means 
    of compliance, along with the remainder of the program, would be 
    subject to approval by the cognizant PMI or other cognizant 
    airworthiness inspector.
        5. The scope of the assessment is limited to repairs on the 
    fuselage pressure boundary (fuselage skins and pressure webs).
        a. A list of Service Bulletins that are the subject of AD's will be 
    contained in the model specific repair assessment guidelines with 
    required post modification/repair inspection programs, as required.
        b. A list of other structural Service Bulletins will be provided in 
    the model specific repair assessment guidelines with associated 
    inspection threshold and repeat intervals.
        6. The repair assessment guidelines provided by the manufacturer do 
    not generally apply to structure modified by a Supplemental Type 
    Certificate (STC). The operator, however, would still be responsible, 
    under this proposed rule, to provide repair assessment guidelines 
    applicable to the entire fuselage external pressure boundary that meets 
    the program objectives specified in Advisory Circular 121-XX. This 
    means that the operator should develop, submit, and gain FAA approval 
    of guidelines to evaluate repairs to such structure.
        It is recognized that operators do not usually have the resources 
    to determine a DSG or to develop repair assessment guidelines, even for 
    a very simple piece of structure. The FAA expects the STC holder to 
    assist the operators in preparing the required documents. If the STC 
    holder is out of business, or is otherwise unable to provide 
    assistance, the operator would have to acquire the FAA-approved 
    guidelines independently. To keep the airplanes in service, it is 
    always possible for operators, individually or as a group, to hire the 
    necessary expertise to develop and gain approval of repair assessment 
    guidelines and the associated DSG. Ultimately, the operator remains 
    responsible for the continued safe operation of the airplane.
        The cost and difficulty of developing guidelines for modified 
    structure may be less than that for the basic airplane structure for 
    three reasons. First, the only modifications made by persons other than 
    the manufacturer that are of concern in complying with this proposed 
    rule are those that affect the fuselage pressure boundary. Of those 
    that do affect this structure, many are small enough to qualify as 
    Category A repairs under the repair assessment guidelines, based solely 
    on their size. Second, if the modified structure is identical, or very 
    similar, to the manufacturer's original structure, then only a cursory 
    investigation may be necessary. In such cases, the manufacturer's 
    repair assessment guidelines may be shown to be applicable with few, if 
    any, changes. If the operator determines that a repair to modified 
    structure can be evaluated using the manufacturer's model specific 
    repair assessment guidelines, that determination should be documented 
    and submitted to the operator's PMI or other cognizant airworthiness 
    inspector for approval. For all other repairs, a separate program would 
    need to be developed. Third, the modification may have been made so 
    recently that no repair assessment guidelines would be needed for many 
    years. Compliance with this proposed rule could be shown by 
    establishing the DSG for the new modified structure, calculating an 
    implementation time that is equal to three quarters of that DSG, and 
    then adding a statement to the operations specifications that repair 
    assessment guidelines would be incorporated into the maintenance 
    program by that time. If the modified structure is very similar to the 
    original, then the DSG for the modified structure may also be very 
    similar. No repair assessment guidelines would be needed until 75 
    percent of that goal is reached. For example, in the case of a large 
    cargo door, such installations are often made after the airplane has 
    reached the end of its useful life as a passenger-carrying airplane. 
    For new structure, the clock would start on repair assessment at the 
    time of installation. Further, since the DSG is measured in cycles, and 
    cargo operation usually entails fewer operational cycles than passenger 
    operations, the due date for incorporation of the repair assessment 
    guidelines for that structure could be many years away.
        Compliance with this proposed rule would require that conditions 
    such as those described above be properly documented in each operator's 
    FAA-approved maintenance program; however, the cost of doing so should 
    not be significant. There should be very few examples where the STC 
    holder is unavailable, and the operators must bear the cost of 
    developing a complete repair assessment guidelines document. Guidance 
    on how to comply with this aspect of the proposed rule is also 
    discussed in the accompanying Advisory Circular 120-XX.
        7. An operator's repair assessment program would have to include 
    damage-tolerance assessments for new repairs. Repairs made in 
    accordance with the revised version of the SRM would already have a 
    damage-tolerance assessment performed; otherwise, the manufacturer's 
    repair assessment guidelines could be used for this purpose, or 
    operators may develop other methods as long as they achieve the same 
    objectives.
        8. Once the airworthiness inspector having oversight 
    responsibilities is
    
    [[Page 133]]
    
    satisfied that the operator's continued airworthiness maintenance or 
    inspection program contains all of the elements of the FAA-approved 
    repair assessment guidelines, the airworthiness inspector would approve 
    an operation specification(s) or inspection program revision. This 
    would have the effect of requiring use of the approved repair 
    assessment guidelines.
        In summary, based on discussions with representatives of the 
    affected industry, recommendations from ARAC, and a review of current 
    rules and regulations affecting repair of primary structure, the FAA 
    recognizes the need for a repairs assessment program to be incorporated 
    into the maintenance program for certain transport category airplanes.
        The proposed rule would prohibit the operation of certain transport 
    category airplanes operated under 14 CFR parts 91, 121, 125, and 129 
    beyond a specified compliance time, unless the operator of those 
    airplanes had incorporated FAA-approved repair assessment guidelines 
    applicable to the fuselage pressure boundary in its operation 
    specification(s) or approved inspection program, as applicable.
    
    FAA Advisory Material
    
        In addition to the amendments proposed in this notice, the ARAC has 
    developed Advisory Circular 120-XX, ``Repair Assessment of Pressurized 
    Fuselages.'' This AC would provide guidance for operators of the 
    affected transport category airplanes on how to incorporate FAA-
    approved repair assessment guidelines into their FAA-approved 
    maintenance or inspection program. Public comments concerning the 
    proposed AC are invited by separate notice published elsewhere in this 
    issue of the Federal Register.
    
    Regulatory Evaluation
    
        Changes to federal regulations must undergo several economic 
    analyses. First, Executive Order 12866 directs Federal agencies to 
    promulgate new regulations or modify existing regulations only if the 
    potential benefits to society justify its costs. Second, the Regulatory 
    Flexibility Act of 1980 requires agencies to analyze the economic 
    impact of regulatory changes on small entities. Finally, the Office of 
    Management and Budget directs agencies to assess the effects of 
    regulatory changes on international trade. In conducting these 
    assessments, the FAA has determined that this proposed rule: (1) Would 
    generate benefits exceeding its costs and is not ``significant'' as 
    defined in Executive Order 12866; (2) is not ``significant'' as defined 
    in DOT's Policies and Procedures; (3) would not have a significant 
    impact on a substantial number of small entities; and (4) would not 
    constitute a barrier to international trade. These analyses, available 
    in the docket, are summarized below.
    
    Regulatory Evaluation Summary
    
    Costs and Benefits
    
        The proposed rule would result in costs to the manufacturers and 
    operators of the affected airplanes and to the FAA. Costs to 
    manufacturers would include revising the Structural Repair Manuals, 
    developing repair assessment guidelines, and developing and conducting 
    training programs for Original Equipment Manufacturers' Engineers, 
    airplane operators' inspectors, and the FAA's PMIs or other cognizant 
    airworthiness inspector. Costs to operators would include inspector 
    training, integrating the assessment program into the maintenance 
    program for each airplane model, assessing and subsequently inspecting 
    repairs, and maintaining records. Cost to the FAA would include PMI/
    other cognizant airworthiness inspector training and review/approval of 
    assessment programs.
        The FAA estimates that the total cost to all affected manufacturers 
    would be $43.3 million over the years 1995 through 2020, or $26.9 
    million discounted to present value. The equivalent annualized cost 
    would be $2.3 million. Although this proposed rule would not directly 
    impose any costs on manufacturers, the FAA recognizes that 
    manufacturers have incurred, and will continue to incur, costs in order 
    to develop and provide data to operators that will enable them to 
    comply with the proposal. The FAA has chosen to attribute these costs 
    to the proposed rule, beginning in 1995. The total cost to airplane 
    operators would be $25.5 million over the years 1997 through 2020, or 
    $10.2 million discounted to present value. The equivalent annualized 
    cost would be $893,622. The total costs to the FAA would be $516,000, 
    or $324,358 discounted to present value. The equivalent annualized cost 
    would be $28,280. The total cost of the proposed rule to all affected 
    entities would be $69.3 million, or $37.5 million discounted to present 
    value. The equivalent annualized cost would be $3.2 million.
        The cause of an airplane accident has never been attributed to a 
    properly applied repair to the airplane models that would be affected 
    by the proposed rule. Nevertheless, airplanes designed and certificated 
    to older technology are operated beyond their original design service 
    objectives, and the FAA has determined that the repair assessment 
    program to ensure the continued airworthiness of these aging airplanes 
    could prevent structural failure and resulting accidents. The benefits 
    of the proposed rule, therefore, are based on the avoidance of such 
    accidents.
        The FAA estimates that the prevention of an accident resulting in 
    the loss of an average affected airplane and half its passengers and 
    crew would result in present value benefits of $46.8 million, assuming 
    that the accident would otherwise have occurred midway through the 
    analysis period. The FAA cannot predict the number of accidents that 
    would be prevented by this proposed rule. Based on one such prevented 
    loss, however, the FAA has determined that the proposed rule would be 
    cost-beneficial.
    
    Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily and 
    disproportionately burdened by government regulations. The RFA requires 
    a Regulatory Flexibility Analysis if the proposed or final rule would 
    have significant economic impact, either detrimental or beneficial, on 
    a substantial number of small entities. FAA Order 2100.14A, Regulatory 
    Flexibility Criteria and Guidance, prescribes standards for complying 
    with RFA review requirements in FAA rulemaking actions. The Order 
    defines ``small entities'' in terms of thresholds, ``significant 
    economic impact'' in terms of annualized cost thresholds, and 
    ``substantial number'' as a number which is not less than eleven and 
    which is more than one-third of the small entities subject to the 
    proposed or final rule.
        The proposed rule would affect Boeing Commercial Airplane Group, 
    Douglas Aircraft Company, Lockheed Aeronautical Systems Company, 
    Airbus, British Aerospace, and Fokker Aircraft B.V. Order 2100.14A 
    specifies a size threshold for classification as a small manufacturer 
    as 75 or fewer employees. Since none of these manufacturers has 75 or 
    fewer employees, the proposed rule would not have a significant 
    economic impact on a substantial number of small manufacturers.
        The proposed rule would also affect operators of certain U.S.-
    registered B707/720, B727, B737, B747, DC-8, DC-9/MD80, DC-10, L-1011, 
    A300, BAC 1-11 and F28 airplanes. Order 2100.14A
    
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    specifies a size threshold for classification as a small operator as 
    ownership of 9 or fewer aircraft. The annualized cost thresholds for 
    significant impact, expressed in 1995 dollars, are $119,900 for a 
    scheduled air carrier whose fleet of airplanes have seating capacities 
    of over 60, $67,000 for other scheduled air carriers, and $4,700 for an 
    unscheduled operator. The FAA examined the annualized costs of the 
    proposed rule to ``small'' operators of the current fleet of affected 
    airplanes and determined that no small operator's annualized cost would 
    exceed the threshold of $4,700. Therefore, the proposed rule would not 
    have a significant impact on a substantial number of small operators.
    
    International Trade Impact Assessment
    
        The proposed rule would not constitute a barrier to international 
    trade, including the export of American airplanes to foreign countries 
    and the import of foreign airplanes into the United States.
    
    Federalism Implications
    
        The regulations proposed herein will not have substantial direct 
    effects on the States, or on the relationship between the national 
    government and the States, or on the distribution of power and 
    responsibility among the various levels of the government. Therefore, 
    in accordance with Executive Order 12612, it is determined that this 
    proposed rule would not have significant federalism implications to 
    warrant the preparation of a Federalism Assessment.
    
    International Civil Aviation Organization (ICAO) and Joint Aviation 
    Regulations
    
        In keeping with U.S. obligations under the Convention on 
    International Civil Aviation, it is FAA policy to comply with ICAO 
    Standards and Recommended Practices to the maximum extent practicable. 
    The FAA has determined that this proposed rule would not conflict with 
    any international agreement of the United States.
    
    Paperwork Reduction Act
    
        There are no new requirements for information collection associated 
    with this proposed rule that would require approval from the Office of 
    Management and Budget pursuant to the Paperwork Reduction Act of 1995 
    (44 U.S.C. 3507(d)).
    
    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 a 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 
    distributions as he or she considers appropriate. Because this proposed 
    rule would apply to the operation of certain transport category 
    airplanes under parts 91, 121, 125, and 129 of Title 14, if 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 to intrastate operations in 
    Alaska.
    
    Conclusion
    
        Because the proposed repair assessment programs are not expected to 
    result in substantial economic cost, the FAA has determined that this 
    proposed regulations is not a significant regulatory action under 
    Executive Order 12866. The FAA has also determined that this proposal 
    is not significant under DOT Regulatory Policies and Procedures (44 FR 
    11034, February 25, 1979). In addition, the FAA certifies that this 
    proposal, if adopted, will not have a significant economic impact, 
    positive or negative, on a substantial number of small entities under 
    the criteria of the Regulatory Flexibility Act, since none are 
    affected. An initial evaluation of this proposal, including a 
    Regulatory Flexibility Determination and an International Trade Impact 
    Analysis, has been placed in the docket. A copy may be obtained by 
    contacting the person identified under the caption FOR FURTHER 
    INFORMATION CONTACT.
    
    List of Subjects
    
    14 CFR Part 91
    
        Aircraft, Aviation safety, Maintenance, Rebuilding, Pressurized 
    fuselage repair and alteration.
    
    14 CFR Parts 121, 125, and 129
    
        Air carriers, Aircraft, Aviation safety, Pressurized fuselage 
    repair assessment, Safety, Transportation.
    
    The Proposed Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration proposes to amend 14 CFR parts 91, 121, 125, and 129 of 
    the Federal Aviation Regulations as follows:
    
    PART 91--GENERAL OPERATING AND FLIGHT RULES
    
        1. The authority citation for part 91 continues to read:
    
        Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111, 
    44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
    46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
    
        2. A new Sec. 91.410 is added to read as follows:
    
    
    Sec. 91.410  Repair assessment for pressurized fuselages.
    
        No certificate holder may operate an Airbus Model A300, British 
    Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 737 or 747, 
    McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or 
    Lockheed Model L-1011 airplane beyond the applicable flight cycle 
    implementation time specified in the following paragraphs, or [a date 
    one year after the effective date of the amendment], whichever occurs 
    later, unless repair assessment guidelines applicable to the fuselage 
    pressure boundary (fuselage skin and bulkhead webs) that have been 
    approved by the FAA Aircraft Certification Office (ACO) having 
    cognizance over the type certificate for the affected airplane are 
    incorporated within its inspection program:
        (a) For the A300, the flight cycle implementation time is:
        (1) Model B2, 36,000 flights.
        (2) Model B4-100, 30,000 flights above the window line, and 36,000 
    flights below the window line.
        (3) Model B4-200, 25,500 flights above the window line, and 34,000 
    flights below the window line.
        (b) For all models of the BAC 1-11, the flight cycle implementation 
    time is 60,000 flights.
        (c) For all models of the Boeing 707, the flight cycle 
    implementation time is 15,000 flights.
        (d) For all models of the Boeing 720, the flight cycle 
    implementation time is 23,000 flights.
        (e) For all models of the Boeing 727, the flight cycle 
    implementation time is 45,000 flights.
        (f) For all models of the Boeing 737, the flight cycle 
    implementation time is 60,000 flights.
        (g) For all models of the Boeing 747, the flight cycle 
    implementation time is 15,000 flights.
        (h) For all models of the Douglas DC-8, the flight cycle 
    implementation time is 30,000 flights.
        (i) For all models of the Douglas DC-9/MD-80, the flight cycle 
    implementation time is 60,000 flights.
        (j) For all models of the Douglas DC-10, the flight cycle 
    implementation time is 30,000 flights.
        (k) For all models of the Lockheed L-1011, the flight cycle 
    implementation time is 27,000 flights.
    
    [[Page 135]]
    
        (l) For the Fokker F-28 Mark 1000, 1000C, 2000, 3000, 3000C, and 
    4000, the flight cycle implementation time is 60,000 flights.
    
    PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
    OPERATIONS
    
        1. The authority citation for part 121 continues to read:
    
        Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
    44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
    44912, 46105.
    
        2. A new Sec. 121.370 is added to read as follows:
    
    
    Sec. 121.370  Repair assessment for pressurized fuselages.
    
        No certificate holder may operate an Airbus Model A300, British 
    Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 737 or 747, 
    McDonald Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or 
    Lockheed Model L-1011 airplane beyond the applicable flight cycle 
    implementation time specified in the following paragraphs, or [a date 
    one year after the effective date of the amendment], whichever occurs 
    later, unless its operation specifications have been revised to 
    reference repair assessment guidelines applicable to the fuselage 
    pressure boundary (fuselage skin and bulkhead webs), and those 
    guidelines are incorporated in its maintenance program. The repair 
    assessment guidelines must be approved by the FAA Aircraft 
    Certification Office (ACO) having cognizance over the type certificate 
    for the affected airplane.
        (a) For the A300, the flight cycle impelementation time is:
        (1) Model B2, 36,000 flights.
        (2) Model B4-100, 30,000 flights above the window line, and 36,000 
    flights below the window line.
        (3) Model B4-200, 25,500 flights above the window line, and 34,000 
    flights below the window line.
        (b) For all models of the BAC 1-11, the flight cycle implementation 
    time is 60,000 flights.
        (c) For all models of the Boeing 707, the flight cycle 
    implementation time is 15,000 flights.
        (d) For all models of the Boeing 720, the flight cycle 
    implementation time is 23,000 flights.
        (e) For all models of the Boeing 727, the flight cycle 
    implementation time is 45,000 flights.
        (f) For all models of the Boeing 737, the flight cycle 
    implementation time is 60,000 flights.
        (g) For all models of the Boeing 747, the flight cycle 
    implementation time is 15,000 flights.
        (h) For all models of the Douglas DC-8, the flight cycle 
    implementation time is 30,000 flights.
        (i) For all models of the Douglas DC-9/MD-80, the flight cycle 
    implementation time is 60,000 flights.
        (j) For all models of the Douglas DC-10, the flight cycle 
    implementation time is 30,000 flights.
        (k) For all models of the Lockheed L-1011, the flight cycle 
    implementation time is 27,000 flights.
        (l) For the Fokker F-28 Mark 1000, 1000C, 2000, 3000, 3000C, and 
    4000, the flight cycle implementation time is 60,000 flights.
    
    PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
    CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
    6,000 POUNDS OR MORE
    
        1. The authority citation for part 125 continues to read:
    
        Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
    44711, 44713, 44716-44717, 44722.
    
        2. A new Sec. 125.248 is added to read as follows:
    
    
    Sec. 125.248  Repair assessment for pressurized fuselages.
    
        No certificate holder may operate an Airbus Model A300, British 
    Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 737 or 747, 
    McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or 
    Lockheed Model L-1011 beyond the applicable flight cycle implementation 
    time specified in the following paragraphs or [a date one year after 
    the effective date of the amendment], whichever occurs later, unless 
    its operation specifications have been revised to reference repair 
    assessment guidelines applicable to the fuselage pressure boundary 
    (fuselage skin and bulkhead webs), and those guidelines are 
    incorporated in its maintenance program. The repair assessment 
    guidelines must be approved by the FAA Aircraft Certification Office 
    (ACO) having cognizance over the type certificate for the affected 
    airplane.
        (a) For the A300, the flight cycle implementation time is:
        (1) Model B2, 36,000 flights.
        (2) Model B4-100, 30,000 flights above the window line, and 36,000 
    flights below the window line.
        (3) Model B4-200, 25,500 flights above the window line, and 34,000 
    flights below the window line.
        (b) For all models of the BAC 1-11, the flight cycle implementation 
    time is 60,000 times.
        (c) For all models of the Boeing 707, the flight cycle 
    implementation time is 15,000 times.
        (d) For all models of the Boeing 720, the flight cycle 
    implementation time is 23,000 times.
        (e) For all models of the Boeing 727, the flight cycle 
    implementation time is 45,000 flights.
        (f) For all models of the Boeing 737, the flight cycle 
    implementation time is 60,000 flights.
        (g) For all models of the Boeing 747, the flight cycle 
    implementation time is 15,000 flights.
        (h) For all models of the Douglas DC-8, the flight cycle 
    implementation time is 30,000 flights.
        (i) For all models of the Douglas DC-9/MD-80, the flight cycle 
    implementation time is 60,000 flights.
        (j) For all models of the Douglas DC-10, the flight cycle 
    implementation time is 30,000 flights.
        (j) For all models of the Lockheed L-1011, the flight cycle 
    implementation time is 27,000 flights.
        (l) For the Fokker F-28 Mark 1000, 1000C, 2000, 3000, 3000C, and 
    4000, the flight cycle implementation time is 60,000 flights.
    
    PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
    U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
    
        1. The authority citation for part 129 continues to read:
    
        Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 44701-
    44702, 44712, 44716-44717, 44722, 44901-44904, 44906.
    
        2. A new Sec. 129.32 is added to read as follows:
    
    
    Sec. 129.32  Repair assessment for pressurized fuselages.
    
        No certificate holder may operate an Airbus Model A300, British 
    Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 737 or 747, 
    McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or 
    Lockheed Model L-1011 beyond the applicable flight cycle implementation 
    time specified in the following paragraphs, or [a date one year after 
    the effective date of the amendment], whichever occurs later, unless 
    its operation specifications have been revised to reference repair 
    assessment guidelines applicable to the fuselage pressure boundary 
    (fuselage skin and bulkhead webs), and those guidelines are 
    incorporated in its maintenance program. The repair assessment 
    guidelines must be approved by the FAA Aircraft Certification Office 
    (ACO) having cognizance over the type certificate for the affected 
    airplane.
    
    [[Page 136]]
    
        (a) For the A300, the flight cycle implementation time is:
        (1) Model B2, 36,000 flights.
        (2) Model B4-100, 30,000 flights above the window line, and 36,000 
    flights below the window line.
        (3) Model B4-200, 25,500 flights above the window line, and 34,000 
    flights below the window line.
        (b) For all models of the BAC 1-11, the flight cycle implementation 
    time is 60,000 flights.
        (c) For all models of the Boeing 707, the flight cycle 
    implementation time is 15,000 flights.
        (d) For all models of the Boeing 720, the flight cycle 
    implementation time is 23,000 flights.
        (e) For all models of the Boeing 727, the flight cycle 
    implementation time is 45,000 flights.
        (f) For all models of the Boeing 737, the flight cycle 
    implementation time is 60,000 flights.
        (g) For all models of the Boeing 747, the flight cycle 
    implementation time is 15,000 flights.
        (h) For all models of the Douglas DC-8, the flight cycle 
    implementation time is 30,000 flights.
        (i) For all models of the Douglas DC-9/MD-80, the flight cycle 
    implementation time is 60,000 flights.
        (j) For all models of the Douglas DC-10, the flight cycle 
    implementation time is 30,000 flights.
        (k) For all models of the Lockheed L-1011, the flight cycle 
    implementation time is 27,000 flights.
        (l) For the Fokker F-28 Mark 1000, 1000C, 2000, 3000, 3000C, and 
    4000, the flight cycle implementation time is 60,000 flights.
    
        Issued in Washington, D.C. on December 22, 1997.
    Thomas E. McSweeney,
    Director, Aircraft Certification Service.
    [FR Doc. 97-34166 Filed 12-31-97; 8:45 am]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
01/02/1998
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
97-34166
Dates:
Comments must be submitted on or before April 2, 1998.
Pages:
126-136 (11 pages)
Docket Numbers:
Docket No. 29104, Notice No. 97-16
RINs:
2120-AF81: Repair Assessment for Pressurized Fuselages
RIN Links:
https://www.federalregister.gov/regulations/2120-AF81/repair-assessment-for-pressurized-fuselages
PDF File:
97-34166.pdf
CFR: (4)
14 CFR 91.410
14 CFR 121.370
14 CFR 125.248
14 CFR 129.32