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PART 26—CONTINUED AIRWORTHINESS AND SAFETY
IMPROVEMENTS FOR TRANSPORT CATEGORY AIRPLANES
Section Contents
Subpart A—General
§ 26.1 Purpose and scope.
§ 26.3 Definitions.
§ 26.5 Applicability table.
Subpart B—Enhanced Airworthiness Program for Aging Systems
§ 26.11 Electrical wiring interconnection systems (EWIS) maintenance
program.
Subparts C–D [Reserved]
Subpart E—Aging Airplane Safety—Damage Tolerance Data for Repairs
and Alterations
§ 26.41 Definitions.
§ 26.43 Holders of and applicants for type certificates—Repairs.
§ 26.45 Holders of type certificates—Alterations and repairs to alterations.
§ 26.47 Holders of and applicants for a supplemental type
certificate—Alterations and repairs to alterations.
§ 26.49 Compliance plan.
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.
Source: Docket No. FAA–2004–18379, Amdt. No. 26–0, 72 FR 63409, Nov. 8, 2007, unless
otherwise noted.
Subpart A—General
§ 26.1 Purpose and scope.
(a) This part establishes requirements for support of the continued airworthiness of and
safety improvements for transport category airplanes. These requirements may include
performing assessments, developing design changes, developing revisions to Instructions for
Continued Airworthiness (ICA), and making necessary documentation available to affected
persons. Requirements of this part that establish standards for design changes and revisions
to the ICA are considered airworthiness requirements.
(b) Except as provided in paragraph (c) of this section, this part applies to the following
persons, as specified in each subpart of this part:
(1) Holders of type certificates and supplemental type certificates.
(2) Applicants for type certificates and supplemental type certificates and changes to those
certificates (including service bulletins describing design changes).
(3) Persons seeking design approval for airplane repairs, alterations, or modifications that may
affect airworthiness.
(4) Holders of type certificates and their licensees producing new airplanes.
(c) An applicant for approval of a design change is not required to comply with any applicable
airworthiness requirement of this part if the applicant elects or is required to comply with a
corresponding amendment to part 25 of this chapter that is adopted concurrently or after that
airworthiness requirement.
(d) For the purposes of this part, the word “type certificate” does not include supplemental type
certificates.
§ 26.3 Definitions.
For the purposes of this part:
FAA Oversight Office is the aircraft certification office or office of the Transport Airplane
Directorate with oversight responsibility for the relevant type certificate, supplemental type
certificate, or manufacturer, as determined by the Administrator.
§ 26.5 Applicability table.
Table 1 of this section provides an overview of the applicability of this part. It provides
guidance in identifying what sections apply to various types of entities. The specific
applicability of each subpart and section is specified in the regulatory text.
TABLE 1.—Applicability of Part 26 Rules
Applicable sections
Subpart B
(EAPAS/FTS)
Subpart E damage
tolerance data
Effective Date of Rule December 10,
2007
January 11, 2008
Existing1TC Holders 26.11 26.43, 26.45, 26.49
Pending1TC Applicants 26.11 26.43, 26.45
Existing1STC Holders N/A 26.47, 26.49
Pending1STC/ATC Applicants 26.11 26.45, 26.47, 26.49
Future2STC/ATC Applicants 26.11 26.45, 26.47, 26.49
Manufacturers N/A N/A
Persons seeking design approval
of repairs
N/A N/A
1As of the effective date of the identified rule.
2Application made after the effective date of the identified rule.
[Doc. No. FAA–2005–21693, 72 FR 70505, Dec. 12, 2007]
Subpart B—Enhanced Airworthiness Program for Aging Systems
§ 26.11 Electrical wiring interconnection systems (EWIS) maintenance program.
(a) Except as provided in paragraph (g) of this section, this section applies to transport
category, turbine-powered airplanes with a type certificate issued after January 1, 1958, that,
as a result of the original certification, or later increase in capacity, have—
(1) A maximum type-certificated passenger capacity of 30 or more or
(2) A maximum payload capacity of 7,500 pounds or more.
(b) Holders of, and applicants for, type certificates, as identified in paragraph (d) of this section
must develop Instructions for Continued Airworthiness (ICA) for the representative airplane's
EWIS in accordance with part 25, Appendix H paragraphs H25.5(a)(1) and (b) of this
subchapter in effect on December 10, 2007 for each affected type design, and submit those
ICA for review and approval by the FAA Oversight Office. For purposes of this section, the
“representative airplane” is the configuration of each model series airplane that incorporates all
variations of EWIS used in production on that series airplane, and all TC-holder-designed
modifications mandated by airworthiness directive as of the effective date of this rule. Each
person specified in paragraph (d) of this section must also review any fuel tank system ICA
developed by that person to comply with SFAR 88 to ensure compatibility with the EWIS ICA,
including minimizing redundant requirements.
(c) Applicants for amendments to type certificates and supplemental type certificates, as
identified in paragraph (d) of this section, must:
(1) Evaluate whether the design change for which approval is sought necessitates a revision to
the ICA required by paragraph (b) of this section to comply with the requirements of Appendix
H, paragraphs H25.5(a)(1) and (b). If so, the applicant must develop and submit the necessary
revisions for review and approval by the FAA Oversight Office.
(2) Ensure that any revised EWIS ICA remain compatible with any fuel tank system ICA
previously developed to comply with SFAR 88 and any redundant requirements between them
are minimized.
(d) The following persons must comply with the requirements of paragraph (b) or (c) of this
section, as applicable, before the dates specified.
(1) Holders of type certificates (TC): December 10, 2009.
(2) Applicants for TCs, and amendments to TCs (including service bulletins describing design
changes), if the date of application was before December 10, 2007 and the certificate was
issued on or after December 10, 2007: December 10, 2009 or the date the certificate is issued,
whichever occurs later.
(3) Unless compliance with §25.1729 of this subchapter is required or elected, applicants for
amendments to TCs, if the application was filed on or after December 10, 2007: December 10,
2009, or the date of approval of the certificate, whichever occurs later.
(4) Applicants for supplemental type certificates (STC), including changes to existing STCs, if
the date of application was before December 10, 2007 and the certificate was issued on or
after December 10, 2007: June 7, 2010, or the date of approval of the certificate, whichever
occurs later.
(5) Unless compliance with §25.1729 of this subchapter is required or elected, applicants for
STCs, including changes to existing STCs, if the application was filed on or after December 10,
2007, June 7, 2010, or the date of approval of the certificate, whichever occurs later.
(e) Each person identified in paragraphs (d)(1), (d)(2), and (d)(4) of this section must submit to
the FAA Oversight Office for approval a compliance plan by March 10, 2008. The compliance
plan must include the following information:
(1) A proposed project schedule, identifying all major milestones, for meeting the compliance
dates specified in paragraph (d) of this section.
(2) A proposed means of compliance with this section, identifying all required submissions,
including all compliance items as mandated in part 25, Appendix H paragraphs H25.5(a)(1)
and (b) of this subchapter in effect on December 10, 2007, and all data to be developed to
substantiate compliance.
(3) A proposal for submitting a draft of all compliance items required by paragraph (e)(2) of this
section for review by the FAA Oversight Office not less than 60 days before the compliance
time specified in paragraph (d) of this section.
(4) A proposal for how the approved ICA will be made available to affected persons.
(f) Each person specified in paragraph (e) must implement the compliance plan, or later
approved revisions, as approved in compliance with paragraph (e) of this section.
(g) This section does not apply to the following airplane models:
(1) Lockheed L–188
(2) Bombardier CL–44
(3) Mitsubishi YS–11
(4) British Aerospace BAC 1–11
(5) Concorde
(6) deHavilland D.H. 106 Comet 4C
(7) VFW—Vereinigte Flugtechnische Werk VFW–614
(8) Illyushin Aviation IL 96T
(9) Bristol Aircraft Britannia 305
(10) Handley Page Herald Type 300
(11) Avions Marcel Dassault—Breguet Aviation Mercure 100C
(12) Airbus Caravelle
(13) Lockheed L–300
[Amdt. No. 26–0, 72 FR 63409, Nov. 8, 2007; 72 FR 68618, Dec. 5, 2007]
Subparts C–D [Reserved]
Subpart E—Aging Airplane Safety—Damage Tolerance Data for Repairs and Alterations
Source: Doc. No. FAA–2005–21693, 72 FR 70505, Dec. 12, 2007
§ 26.41 Definitions.
Affects (or Affected) means structure has been physically repaired, altered, or modified, or the
structural loads acting on the structure have been increased or redistributed.
Baseline structure means structure that is designed under the original type certificate or
amended type certificate for that airplane model.
Damage Tolerance Evaluation (DTE) means a process that leads to a determination of
maintenance actions necessary to detect or preclude fatigue cracking that could contribute to
a catastrophic failure. As applied to repairs and alterations, a DTE includes the evaluation both
of the repair or alteration and of the fatigue critical structure affected by the repair or alteration.
Damage Tolerance Inspection (DTI) means the inspection developed as a result 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 associated
with those inspections. The DTI may specify a time limit when a repair or alteration needs to be
replaced or modified. If the DTE concludes that DT-based supplemental structural inspections
are not necessary, 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 applied in a DTE, and the results of a DTE.
Fatigue critical structure means airplane structure that is susceptible to fatigue cracking that
could contribute to a catastrophic failure, as determined in accordance with §25.571 of this
chapter. Fatigue critical structure includes structure, which, if repaired or altered, could be
susceptible to fatigue cracking and contribute to a catastrophic failure. Such structure may be
part of the baseline structure or part of an alteration.
Implementation schedule consists of documentation that establishes the timing for
accomplishing the necessary actions for developing DT data for repairs and alterations, and
for incorporating 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 instructions for accomplishing repairs, which are published for
general use in structural repair manuals and service bulletins (or equivalent types of
documents).
§ 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 capacity
have—
(1) A maximum type certificated passenger seating capacity of 30 or more; or
(2) A maximum payload capacity of 7,500 pounds or more.
(b) List of fatigue critical baseline structure. For airplanes specified in paragraph (a) of this
section, the holder of or applicant for a type certificate must—
(1) Identify fatigue critical baseline structure for all airplane model variations and derivatives
approved under the type certificate; and
(2) Develop and submit to the FAA Oversight Office for review and approval, a list of the
structure identified under paragraph (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
chapter.
(c) Existing and future published repair data. For repair data published by a holder of a type
certificate that is current 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 identify 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 FAA Oversight Office or its properly 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 chapter.
(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 published, 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 review and approval by
the FAA Oversight 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 . The holder of a type certificate for each airplane model
subject to this section must—
(1) Develop repair evaluation guidelines 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 operators to obtain the DTI for repairs identified under paragraph
(e)(1)(i) of this section; and
(iii) An implementation schedule for repairs covered by the repair evaluation guidelines. The
implementation schedule must identify times when actions must be taken as specific numbers
of airplane flight hours, flight cycles, or both.
(2) Submit the repair evaluation guidelines to the FAA Oversight Office for review and
approval.
(3) Upon approval, make the guidelines available to persons required to comply with
§§121.1109 and 129.109 of this chapter.
(4) If the guidelines direct the operator 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 FAA
Oversight Office or its properly authorized designees for review and approval by the specified
compliance time:
(1) The identified list of fatigue critical 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 developed 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 schedule approved by the FAA Oversight Office.
(5) The repair evaluation guidelines required by paragraph (e)(1) of this section must be
submitted by December 30, 2009.
(g) Exceptions. The requirements of this section do not apply to the following transport
category airplane models:
(1) Convair CV–240, 340, 440, if modified to include turbine engines.
(2) Vickers Armstrong Viscount, TCDS No. A–814.
(3) Douglas DC–3, if modified to include 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.
(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.
§ 26.45 Holders of type certificates—Alterations 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 certificate, the holder must—
(1) Review existing alteration data and identify 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 FAA Oversight Office for review and approval a list of the
structure identified under paragraph (b)(2) of this section; and
(4) Upon approval, make the list required in paragraph (b)(3) of this section 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
accomplished, the holder must—
(1) Perform a DTE and develop the DTI for the alteration and fatigue critical 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
FAA Oversight Office or its properly 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 chapter.
(d) DT Data for Repairs Made to Alterations. 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 identify each repair that affects any fatigue critical alteration
structure identified under paragraph (b)(2) of this section;
(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
FAA Oversight Office or its properly 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 chapter.
(e) Compliance times. Holders of type certificates must submit the following to the FAA
Oversight Office or its properly authorized designees for review and approval by the specified
compliance time:
(1) The list of fatigue critical alteration structure identified under paragraph (b)(3) of this section
must be submitted no later than 360 days after January 11, 2008.
(2) For alteration data developed and approved before January 11, 2008, the DT data required
by paragraph (c)(2) of this section must be submitted by June 30, 2009.
(3) For alteration data approved on or after January 11, 2008, DT data required by paragraph
(c)(2) of this section must be submitted before initial approval of the alteration data.
(4) For repair data developed and approved before January 11, 2008, the DT data required by
paragraph (d)(2) of this section must be submitted by June 30, 2009.
(5) For repair data developed and approved after January 11, 2008, the DT data required by
paragraph (d)(2) of this section must be submitted within 12 months after initial approval of the
repair data and before making the DT data available to persons required to comply with
§§121.1109 and 129.109 of this chapter.
§ 26.47 Holders of and applicants for a supplemental type certificate—Alterations and
repairs to alterations.
(a) Applicability. This section applies to transport category airplanes subject to §26.43.
(b) Fatigue critical alteration structure. For existing structural alteration data approved under a
supplemental certificate, the holder of the supplemental certificate must—
(1) Review the alteration data and identify 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 FAA Oversight Office for review and approval a list of the
structure identified under paragraph (b)(2) of this section; and
(4) Upon approval, make the list required in paragraph (b)(3) of this section 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 supplemental
type certificate that affect fatigue critical baseline structure identified under §26.43(b)(1),
unless previously accomplished, the holder of a supplemental type certificate must—
(1) Perform a DTE and develop the DTI for the alteration and fatigue critical 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
FAA Oversight Office or its properly 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 chapter.
(d) DT Data for Repairs Made to Alterations. For existing and future repair data developed by
the holder of a supplemental holder of a supplemental type certificate, the holder of a
supplemental type certificate must—
(1) Review the repair data, and identify each repair that affects any fatigue critical alteration
structure identified under paragraph (b)(2) of this section;
(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
FAA Oversight Office or its properly 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 chapter.
(e) Compliance times. Holders of supplemental type certificates must submit the following to
the FAA Oversight Office or its properly authorized designees for review and approval by the
specified compliance time:
(1) The list of fatigue critical alteration structure required by paragraph (b)(3) of this section
must be submitted no later than 360 days after January 11, 2008.
(2) For alteration data developed and approved before January 11, 2008, the DT data required
by paragraph (c)(2) of this section must be submitted by June 30, 2009.
(3) For alteration data developed after January 11, 2008, the DT data required by paragraph
(c)(2) of this section must be submitted before approval of the alteration data and making it
available to persons required to comply with §§121.1109 and 129.109 of this chapter.
(4) For repair data developed and approved before January 11, 2008, the DT data required by
paragraph (d)(2) of this section must be submitted by June 30, 2009.
(5) For repair data developed and approved after January 11, 2008, the DT data required by
paragraph (d)(2) of this section, must be submitted within 12 months after initial approval of the
repair data and before making the DT data available to persons required to comply with
§§121.1109 and 129.109 of this chapter.
§ 26.49 Compliance plan.
(a) Compliance plan. Except for applicants for type certificates and supplemental type
certificates whose applications are submitted after January 11, 2008, each person identified in
§§26.43, 26.45, and 26.47, must submit a compliance plan consisting of the following:
(1) A project schedule identifying all major milestones for meeting the compliance times
specified in §§26.43(f), 26.45(e), and 26.47(e), as applicable.
(2) A proposed means of compliance with §§26.43, 26.45, and 26.47, as applicable.
(3) A plan for submitting a draft of all compliance items required by this subpart for review by
the FAA Oversight Office not less than 60 days before the applicable compliance date.
(b) Compliance dates for compliance plans. The following persons must submit the
compliance plan described in paragraph (a) of this section to the FAA Oversight Office for
approval on the following schedule:
(1) For holders of type certificates, no later than 90 days after January 11, 2008.
(2) For holders of supplemental type certificates no later than 180 days after January 11, 2008.
(3) For applicants for changes to type certificates whose application are submitted before
January 11, 2008, no later than 180 days after January 11, 2008.
(c) Compliance Plan Implementation. Each affected person must implement the compliance
plan as approved in compliance with paragraph (a) of this section. |
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