requirement have thus been revised to support the new EWIS subpart.
They are:
     Sec.  25.611.
     Sec.  25.855.
     Sec.  25.869.
     Sec.  25.1203.
     Sec.  25.1301.
     Sec.  25.1309.
     Sec.  25.1353.
     Sec.  25.1357.
    We did not receive any comments about most of these rule revisions,
and they are finalized here in the same form in which they were
proposed. Some rules received minor editorial changes that did not
change their meaning and do not require discussion here. We did receive
comments about Sec.  25.1353 and made revisions to it, as discussed
below.
2. Electrical Equipment and Installations (Sec.  25.1353)
    Section 25.1353 requires that electrical equipment and controls
must be installed so that operation of any one unit or system of units
will not adversely affect the simultaneous operation of any other
electrical unit or system essential to safe operation. Any electrical
interference likely to be present in the airplane must not result in
hazardous effects upon the airplane or its systems. Section 25.1353 is
revised to remove references to wiring and cables to accommodate the
relocation of wiring requirements to the new subpart H. We've further
revised this rule in response to comments and to avoid redundancy.
    AIA/GAMA and GE requested that we delete the reference to Sec.
25.1357 from proposed Sec.  25.1353(b). We agree that the proposed
Sec.  25.1353(b) references to Sec.  25.1357 and the subpart H
requirements are unnecessary. Section 25.1301(b) requires that EWIS
meet requirements of subpart H of part 25. So the reference to some of
those requirements in proposed Sec.  25.1353(b) is redundant. The
reference to Sec.  25.1357 in Sec.  25.1353(b) is not necessary because
Sec.  25.1717 requires that electrical wires and cables be designed and
installed so they are compatible with the circuit protection devices
required by Sec.  25.1357. We've amended the final rule to reflect
this.
    Boeing Wichita asked, in regard to Sec.  25.1353(a), that we
clarify whether ``any electrical interference likely to be present on
the airplane'' is limited to items approved for installation, or
includes anything likely to be carried onto the airplane, like customer
printers and fax machines.
    This rule applies to equipment that is installed and certified to
part 25. It does not cover interference that may come from items
carried on board by people. Operational rules cover such items (i.e.,
Sec. Sec.  121.306, 125.204, 135.144).
    U.S. Airways asked that we clarify the electrical bonding
requirements in Sec.  25.1353. It contended that, by definition, the
bonding point is part of the EWIS and as such could be the fault. In
that instance it would not provide the required return path.
    The intent of the requirement is that electrical return paths be
adequately sized and properly installed to handle the highest normal
and fault current levels that would be expected to occur. The
requirement is not addressing a fault of the bonding path itself.

IV. Regulatory Notices and Analyses

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of the new information collection
requirements in this final rule to the Office of Management and Budget
for its review. OMB approved the collection of this information and
assigned OMB Control Number 2120-0723.
    This final rule consists of regulatory changes applying to wiring
systems and fuel tank systems in transport category airplanes. Some of
those changes will require new information collection. Comments
received about these requirements and the FAA's response are discussed
earlier in this document, under the Disposition of Comments section.
The new information requirements and the persons who would be required
to provide that information are described below.

Required Information, Use, and Respondents

    (1) Section Sec.  25.1711 requires that electrical wiring
interconnection systems (EWIS) components be labeled to identify the
component, its function, and its design limitations, if any. If the
EWIS is part of a system that requires redundancy, the labeling must
also include component part number, function, and separation
requirements for bundles. This specificity of labeling will be required
to ensure that maintenance can be handled properly and with the
appropriate caution for maintaining the safety features the wiring
system was designed to provide. The information marked on the wires
will be used by maintenance personnel for repair and cautionary tasks,
and by modifiers so that original safety features are retained during
modifications. The future airplane manufacturer and anyone who modifies
the airplane will bear the burden of this labeling requirement.
    (2) Section Sec.  26.11 requires that existing TC holders develop
Instructions for Continued Airworthiness (ICA) for EWIS, and that those
ICA be approved by the FAA. Applicants for approval of design changes
will be required to develop revisions to those EWIS ICA for any
modifications to the airplane that might affect them. Section Sec.
25.1729 and Appendix H will apply the requirement for EWIS ICA to
future applicants for TCs. EWIS ICA will be used by operators to
prepare their maintenance programs. This requirement is necessary to
ensure that wiring is properly maintained and inspected to avoid
problems that could affect safety.
    (3) Section 26.11 will also require that TC holders submit to the
FAA a plan detailing how they intend to comply with its requirements.
This information will be used by the FAA to assist the TC holder in
complying with requirements. The compliance plan is necessary to ensure
that TC holders fully understand the requirements and are able to
provide information needed by the operators for the operators' timely
compliance with the rule.
    (4) Anyone operating an airplane under part 121 will be required to
revise their existing maintenance program to incorporate the
maintenance and inspection tasks for EWIS contained in

the EWIS ICA. The information incorporated into the maintenance program
will be used by maintenance personnel to maintain the integrity of
airplane wiring systems. This requirement is necessary to ensure that
wiring is properly maintained and inspected to avoid problems that
could affect safety.
    (5) As a result of the revised maintenance programs that will be
required for airplanes operating under part 121, maintenance personnel
will be performing inspections and maintenance procedures to address
safety issues specific to wiring systems. Although this final rule does
not specifically require new training, existing Sec.  121.375 requires
that certificate holders or persons performing maintenance have a
training program to ensure that persons determining the adequacy of
such work (including inspectors) are fully informed about the
procedures and techniques involved and are competent to perform them.
To comply with this requirement in relation to requirements for revised
maintenance programs for EWIS included in this final rule, certificate
holders will be required to develop any additional training program
needed to ensure that the appropriate personnel are adequately prepared
to carry out the revised maintenance programs.
    (6) The revision to part 25 Appendix H requires that future
manufacturers include acceptable EWIS practices in their ICA, presented
in a standard format. This information will be used by maintenance
personnel for wiring maintenance and repairs. The requirement is
necessary because information about cautionary tasks during maintenance
that can prevent situations that could compromise safety need to be
available to maintenance personnel. Standard wiring practices manuals,
in which this information is presented, often differ from manufacturer
to manufacturer and so are difficult for maintenance personnel to find
specific information in. The requirement for a standard format is meant
to correct this. Because of this rule, manufacturers will change their
Standard Wiring Practices Manuals (SWPM).

Annual Burden Estimate

    To provide estimates of the burden to collect information, the FAA
developed categories. The following summary table contains the impacted
entities, average annual hours and the corresponding average annual
cost. Details of the estimates are in the paragraphs below.

------------------------------------------------------------------------
                   Requirement/entities
                         affected          Annual hours     Annual cost
------------------------------------------------------------------------
1a..............  TC Labeling--Hardware.  ..............         $21,525
1b..............  TC Labeling--Labor....           1,788          89,400
1c..............  STC Labeling--Hardware  ..............          83,688
1d..............  STC Labeling--Labor...           6,953         347,634
2a..............  Existing TC Holders--           11,450         858,720
                   EZAP.
2b..............  Future TC Applicants--           7,156         536,700
                   EZAP.
2c..............  Future STC Applicants--          6,283         471,225
                   EZAP.
2d..............  ICA Approval..........              96           7,200
3...............  Compliance Plan                    128           9,600
                   Development.
4...............  Operators Revise                 2,550         191,268
                   Maintenance Program.
5...............  Training Development..           2,208         165,600
6...............  SWPM..................             734          55,040
                                         -------------------------------
                  Total.................          39,346       2,837,600
------------------------------------------------------------------------

    1a. The FAA estimates that an additional 3,500 labels might be
installed in each newly certificated part 25 airplane. We calculate
hardware costs by multiplying 3,500 labels per airplane by 5 cents per
label, and then by the total annual estimated deliveries (123) of
affected aircraft. Thus, the annual cost for TC identification hardware
is $21,525.
    1b. With 3,500 labels installed in 123 affected aircraft annually,
we estimate a total of 430,500 labels. The total estimated annual
average hours are 1,788. Using the burdened hourly cost for a mechanic
($50), the annual labor cost burden for TC identification is $89,400.
    1c. The requirements contained in this final rule will also affect
airplane modifiers when electrical wiring supplemental type
certificates (STC) are installed on airplanes. We estimate that
approximately 103 STCs a year will require additional identification of
roughly 250 additional labels (.05 per label) per STC installation.
Since we estimate 250 labels at .05 per label, each STC installation
will cost an additional $12.50. The annual hardware cost of $83,688 is
estimated by multiplying the number of STCs (103) by the number of
airplane installations per STC (65) and finally by the additional
hardware cost of $12.50.
    1d. For the STC identification labor costs, we estimate roughly
1,673,750 additional labels will be installed annually (103 STCs x 250
labels x 65 aircraft). The identification requirements for STCs will
require an annual burden of approximately 6,953 hours. Using the
burdened hourly cost of a mechanic ($50), the annual labor cost for the
identification requirement to airplane modifiers is $347,634.
    2a. Part 26 requires TC holders to perform an EZAP analysis to
develop Instructions for Continued Airworthiness (ICA) for EWIS. Over
the period of analysis, the FAA estimates the proposal would require
11,450 average annual engineering hours resulting in the average annual
cost of $858,720 (using the fully burdened hourly rate of $75 for an
engineer).
    2b. Future TC applicants will also perform an EZAP analysis to
develop ICA for EWIS. The FAA estimates one part 25 type certificate
per year, with the estimated average annual labor hours to perform the
analysis of 7,156. This would result in average annual costs of
$536,700.
    2c. Future applicants for supplemental type certificates will also
perform an EZAP analysis to develop ICA for EWIS. The total annual
number of affected STCs is 103. The annual burden hours of 6,283 is
calculated by multiplying the annual number of STCs (103) by the hourly
estimate to perform EZAP on an STC (61). Using the estimate of 61 hours
per STC and the burdened hourly cost of $75, the corresponding costs to
perform EZAP on 103 STCs annually will be $471,225.
    2d. The FAA estimates 60 labor hours (per airplane model) to submit
ICA to the FAA for approval. The FAA estimates 2,400 hours for roughly
40 models. The average annual hours are 96, with corresponding average
annual

costs of $7,200 (using the burdened hourly cost of $75).
    3. Manufacturers will present a compliance plan for approval
describing how they intend to comply with the requirements in the final
rule. Over the period of analysis, the average annual estimated cost to
the manufacturer to develop the compliance plan is $9,600, with annual
hours of 128.
    4. Operators will revise their existing maintenance program to
incorporate the maintenance and inspection tasks for EWIS contained in
the ICA. Over the period of analysis, the FAA estimates 63,756 total
hours, or 2,550 average annual hours required to revise existing
maintenance programs. Using the burdened labor cost for an engineer,
the average annual planning cost is $191,268.
    5. The estimated cost to develop training considers the industry's
standard training factor of 200 hours per one hour of prepared training
material. 600 hours is the estimated training development time for the
3-hour training course for each operator. When combined with 92
operators, the total hours would be 55,200 or 2,208 annually. Combined
with the burdened hourly cost of $75, the average annual cost for
training development would be $165,600.
    6. Manufacturers will change the Standard Wiring Practices Manual
(SWPM). The FAA calculates 734 as the average annual hours required to
update manuals resulting in the average annual burden of roughly
$55,040.
    An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment

    Changes to federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
federal mandate likely to result in the expenditure by state, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995).
    In conducting these analyses, the FAA has determined that this
final rule: (1) Has benefits that justify its costs; (2) will not have
a significant economic impact on a substantial number of small
entities; (3) will not create unnecessary obstacles to the foreign
commerce of the United States; and (4) will not impose an unfunded
mandate on state, local, or tribal governments, or on the private
sector by exceeding the threshold identified above. While this rule is
not economically significant as defined in section 3(f) of Executive
Order 12866 or in DOT's Regulatory Policy and Procedures, it is
otherwise significant under both documents. Accordingly, the rulemaking
package has been reviewed by OMB. These analyses are summarized below.

Total Costs and Benefits of This Rulemaking

    The total estimated cost of this final rule is $416 million ($233
million present value). The total estimated benefits are $801 million
($388 million present value). In the NPRM, we examined certain specific
(narrower) categories of operational benefits for the operators. Since
the NPRM, and at the request of commenters, we have performed an all-
encompassing and exhaustive review of all wiring failures as required
to be reported by the operators. This review demonstrated that airline
operational impact from electrical wiring interconnection system (EWIS)
failures alone was greater than previously anticipated and estimated in
the NPRM. Appropriately, in this final rule, we estimate the higher
benefits.

------------------------------------------------------------------------
                                      Nominal values   Present value (in
           Cost category              (in millions)        millions)
------------------------------------------------------------------------
           Harmonization                         $-                 $-
------------------------------------------------------------------------
Part 25 Subpart H--Certification..              $68.1              $35.6
Part 25 Subpart H--Engines........               31.6               26.6
Part 26 ICA.......................               22.9               22.1
Part 121 ICA Operater Cost........              292.2              147.6
Approval Cost.....................                1.7                1.4
                                   -------------------------------------
    Total Cost....................              416                233
------------------------------------------------------------------------
         Benefit category            Nominal values     Present values
------------------------------------------------------------------------
Total Operational Benefits........             $506.3             $237.5
Total Safety Benefits.............              294.6              150.6
                                   -------------------------------------
    Total--All Benefits...........              801               388
------------------------------------------------------------------------
* Minor differences in totals due to rounding.

    Who Will Be Affected by This Rulemaking?
     Manufacturers of Part 25 Airplanes
     Operators of large transport category airplanes
     Part 25 applicants
     Engine Manufacturers

Assumptions and Sources of Information
     Discount rate--7%
     Period of analysis--25 Years, 2006 through 2030
     Burdened labor rate (as shown in key assumptions and
labor rates in regulatory evaluation)
--Aerospace engineers--$75/hour
--Maintenance personnel--$50/hour
     Value of fatality avoided--Value of fatality avoided--
$3.0 million (Source: ``Revised Departmental Guidance, Treatment of
Value of Life and Injuries in Preparing Economic Evaluations,''
Office of the Secretary of Transportation Memorandum'', January 29,
2002)''. Value of Life and Injuries in Preparing Economic
Evaluations,'' Office of the Secretary of Transportation
Memorandum'', January 29, 2002).
     Fleet-Safety Performance Analysis System (SPAS)
     Fleet Growth (2.8% per year) & Passenger Occupancy
Rates--FAA Aerospace Forecasts Years 2006-2017
     Failures, Incidents and Accidents--The National
Aviation Safety Data Analysis Center
     Aircraft Value--Economic Values for Evaluation of
Federal Aviation Administration Investment and Regulatory Programs
1998
Articles Referenced
     Irrgang, M.E. ``Airline Irregular Operations'' Handbook
of Airline Economics, 1995.
     Wojcik, Leonard A. ``Models To Understand Airline and
Air Traffic Management Authority Decision-Making Interactions in
Schedule Disruptions: From Simple Games to Agent-Based Models,''
Handbook of Airline Strategy, 2001.
     Wright, T.P. ``American Methods of Aircraft
Production'' 1939.

Alternatives We Considered

    Alternative 1--Require operators to clean & inspect each airplane
every C-check or every three years. This would result in an estimated
additional $179.3 million ($72.2 million present value) in cleaning and
inspection costs, and an additional $88 million ($31.6 million present
value) in downtime. This alternative would result in additional costs
of $251.5 million ($120.3 million present value) with no commensurate
increase in benefits.
    Alternative 2--Explicitly require EWIS training for other groups of
people in addition to maintenance workers. The groups and additional
costs are:
     Flight deck crew--$126 million ($76 million present
value).
     Cabin crew--$63 million ($38 million present value).
    The total estimated additional cost of this alternative is roughly
$189 million ($113 million present value) with no commensurate increase
in benefits.
    Alternative 3--No new regulation (status quo)--
    There was a midair explosion in 1996 involving a 747 airplane. Two
years later, another commercial airplane (an MD-11) crashed into the
Atlantic Ocean, killing all 229 people aboard. The investigations and
later examinations of other airplanes showed deteriorated wiring,
corrosion, improper wire installation and repairs, and the
contamination of wiring in commercial aircraft. We have observed and
analyzed a continuing trend in electrical wiring events. The
continuance of these events is demonstrated in accidents, incidents,
and service difficulties that endanger passengers. The FAA believes
that this trend of events is unacceptable, that this rulemaking is
necessary to improve aviation safety, and that this final rule will
decrease the frequency of these events. By introducing the new
maintenance, inspection, and design criteria for airplane wiring
contained in this final rule, we are ensuring that there will be a
substantial decrease in the number of electrical-wiring-related
accidents and incidents, and thereby an increase in aviation safety.

Benefits of This Rulemaking

    The FAA estimates $801 million ($388 million present value) as the
total benefits of this final rule. In the table below, the categories
of benefits are shown. The middle column gives the nominal values of
quantified benefits, and the right-hand column gives the total
incremental present value benefits broken down by category type.

Costs of This Rulemaking

    The FAA estimates $416 million ($233 million present value) as the
total cost of this final rule. The following table specifies the cost
categories, incremental nominal costs and incremental present value
costs.

------------------------------------------------------------------------
                                      Nominal values     Present values
             Benefits                 (in millions)      (in millions)
------------------------------------------------------------------------
                           Operational Impacts
------------------------------------------------------------------------
Averted unscheduled landings......             $274.3             $128.8
Other Operational Impacts.........              232.0              108.7
                                   -------------------------------------
    Total Operation Benefits......              506.3              237.5
------------------------------------------------------------------------
                             Safety Benefits
------------------------------------------------------------------------
Averted Non fatal events..........              $44.4              $22.7
Averted Fatal events..............              250.2              127.9
                                   -------------------------------------
    Total Safety Benefits.........              294.6              150.6
                                   -------------------------------------
        Total--All Benefits.......              801                388
------------------------------------------------------------------------

                              Cost Summary
------------------------------------------------------------------------
                                 Nominal values (in   Present values (in
             Cost                    millions)            millions)
------------------------------------------------------------------------
         Harmonization                   $-                   $-
------------------------------------------------------------------------
                    Part 25 Subpart H--Certification
------------------------------------------------------------------------
TC Certification Cost.........              $31.0                $15.8
TC-EZAP Future................               12.9                  6.6
STC Certification Cost........               11.3                  5.8
STC Labeling Hardware.........                2.0                  1.0

STC Labeling Labor............                8.3                  4.8
TC Labeling Hardware..........                0.5                  0.3
TC Labeling Labor.............                2.1                  1.2
                               -----------------------------------------
    Total Certification Costs.               68.1                 35.5
------------------------------------------------------------------------
                       Part 25 Subpart H--Engines
------------------------------------------------------------------------
Engine Certification..........              $25.0                $23.4
Safety Analysis...............                6.6                  3.2
                               -----------------------------------------
    Total Engine Costs........               31.6                 26.6
------------------------------------------------------------------------
                               Part 26 ICA
------------------------------------------------------------------------
EZAP..........................              $21.5                $20.8
SWPM..........................                1.4                  1.3
                               -----------------------------------------
    Total Part 26 ICA Costs...               22.9                 22.1
------------------------------------------------------------------------
                       Part 121 ICA Operater Costs
------------------------------------------------------------------------
Planning......................               $4.8                 $4.2
Training......................               20.7                 14.2
Training Development..........                4.1                  3.6
Cleaning & Inspections........              189.5                 94.0
Downtime......................               72.1                 31.6
                               -----------------------------------------
    Total Operator Costs......              291.2                147.6
------------------------------------------------------------------------
                             Approval Costs
------------------------------------------------------------------------
Approve EWIS ICA For Future                  $0.126               $0.064
 TCs..........................
Approve ICA For Existing TCs..                0.156                0.151
Approve ICA for Future STCs...                0.556                0.284
Approve Inspection &                          0.828                0.801
 Maintenance Program..........
Compliance Plan...............                0.240                0.232
                               -----------------------------------------
    Total Approval Costs......                1.9                  1.5
                               -----------------------------------------
        Total Costs...........              416                  233
------------------------------------------------------------------------

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    We have conducted a complete regulatory flexibility analysis to
assess the impact on small entities. The FAA uses the size standards
from the Small Business Administration for Air Transportation and
Aircraft Manufacturing specifying companies with less than 1,500
employees as small entities.
    The FAA believes that this final rule will not result in a
significant economic impact on a substantial number of small entities.
The purpose of this analysis is to provide the reasoning underlying the
FAA determination. The FAA has determined that:

     No part 25 manufacturers are small entities.
     There will not be a significant impact on a substantial
number of amended TC or supplemental TC (STC) applicants.
     There will not be a significant impact on a substantial
number of small carriers as a result of this final rule.

    The current United States part 25 airplane manufacturers include:
Boeing, Cessna Aircraft, Gulfstream Aerospace, Learjet (owned by
Bombardier), Lockheed Martin, McDonnell Douglas (a wholly-owned
subsidiary of The Boeing Company), Raytheon Aircraft, and Sabreliner
Corporation. These manufacturers will incur type certificate (TC) and
amended TC costs. Because all U.S. transport-aircraft category
manufacturers have more than 1,500 employees, none are considered small
entities.
    Future STC applicants will incur additional compliance costs. These
applicants will incur the cost only if the applicant believes the
expected revenue from additional sales will exceed the expected cost.
While future STC costs will be passed on to airplane operators, it is
not possible to determine operator

would buy and install such STCs. Because expected revenue would be
greater than the expected cost, the FAA believes there will not be a
significant impact on a substantial number of STC applicants.
    Furthermore, the FAA also calculates economic impact on small-
business part 121 operators. We measured the economic impact on small
part 121 operators by dividing the compliance cost by the firm's annual
revenue. The impact of this final rule is below \1/2\ of one percent
for eighteen small entities where data was available. For the remaining
3, where data was available, the cost impact is 0.83%, 1.08% and 1.68%
of revenues. Therefore, the FAA believes that this final rule will not
have a significant economic impact on a substantial number of small-
business part 121 operators.
    The full regulatory flexibility analysis can be found in the final
regulatory evaluation. No part 25 manufacturers are small entities,
there will not be a significant impact on a substantial number of
amended TC or STC applicants, and there will not be a significant
impact on a substantial number of small operators. Therefore, as the
Acting FAA Administrator, I certify that this rule will not have a
significant economic impact on a substantial number of small entities.

Final International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it will impose
the same costs on domestic and international entities and thus has a
neutral trade impact.

Final Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
    This final rule does not contain such a mandate. The requirements
of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.
    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the FAA, when modifying its regulations 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 appropriate regulatory distinctions. In the NPRM, we
requested comments on whether the proposed rule should apply
differently to intrastate operations in Alaska. We did receive comments
from Senators Stevens and Murkowski and Everts Air Cargo on this
subject, as discussed earlier. Also as discussed earlier, however, we
have determined that there would not be an adverse effect on Alaska
intrastate operators, the burden of this rule on affected intrastate
operators in Alaska would be minimal, and based on the administrative
record of this rulemaking, that there is no need to make any regulatory
distinctions applicable to intrastate aviation in Alaska.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under Executive Order 12866, and it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by--
    (1) Searching the Federal eRulemaking Portal http://www.regulations.gov
    (2) Visiting the FAA's Regulations and Policies Web page at http://

http://www.faa.gov/regulations_policies/; or

    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact its local FAA official, or the
person listed under the FOR FURTHER INFORMATION CONTACT heading at the
beginning of the preamble. You can find out more about SBREFA on the
Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.

List of Subjects

14 CFR Part 1

    Air Transportation.

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping.

14 CFR Parts 25, 91, 125

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Continued airworthiness.

14 CFT Part 26

    Aircraft, Aviation safety, Continued airworthiness.

14 CFR Parts 121, 129

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Continued airworthiness.

V. The Amendments

0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations parts 1, 21,
25, 26, 91, 121, 125, and 129 as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

0
2. Amend Sec.  1.2 to add the abbreviation ``EWIS'' in alphabetical
order to read as follows:

Sec.  1.2  Abbreviations and symbols.

* * * * *
    EWIS, as defined by Sec.  25.1701 of this chapter, means electrical
wiring interconnection system.
* * * * *

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

0
3. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.

Subpart A--General

0
4. Amend part 21 by adding a new Sec.  21.7 to read as follows:

Sec.  21.7  Continued airworthiness and safety improvements for
transport category airplanes.

    (a) On or after December 10, 2007, the holder of a design approval
and an applicant for a design approval must comply with the applicable
continued airworthiness and safety improvement requirements of part 26
of this subchapter.
    (b) For new transport category airplanes manufactured under the
authority of the FAA, the holder or licensee of a type certificate must
meet the applicable continued airworthiness and safety improvement
requirements specified in part 26 of this subchapter for new production
airplanes. Those requirements only apply if the FAA has jurisdiction
over the organization responsible for final assembly of the airplane.

Subpart B--Type Certification

0
5. Amend Sec.  21.17 by revising paragraph (a) introductory text to
read as follows:

Sec.  21.17  Designation of applicable regulations.

    (a) Except as provided in Sec.  23.2, Sec.  25.2, Sec.  27.2, Sec.
29.2, and in parts 26, 34 and 36 of this subchapter, an applicant for a
type certificate must show that the aircraft, aircraft engine, or
propeller concerned meets--
* * * * *

0
6. Amend Sec.  21.31 by revising paragraph (c) to read as follows:

Sec.  21.31  Type design.

* * * * *
    (c) The Airworthiness Limitations section of the Instructions for
Continued Airworthiness as required by parts 23, 25, 26, 27, 29, 31, 33
and 35 of this subchapter, or as otherwise required by the
Administrator; and as specified in the applicable airworthiness
criteria for special classes of aircraft defined in Sec.  21.17(b); and
* * * * *

0
7. Amend Sec.  21.50 by revising paragraph (b) to read as follows:

Sec.  21.50  Instructions for continued airworthiness and
manufacturer's maintenance manuals having airworthiness limitations
sections.

* * * * *
    (b) The holder of a design approval, including either the type
certificate or supplemental type certificate for an aircraft, aircraft
engine, or propeller for which application was made after January 28,
1981, shall furnish at least one set of complete Instructions for
Continued Airworthiness, to the owner of each type aircraft, aircraft
engine, or propeller upon its delivery, or upon issuance of the first
standard airworthiness certificate for the affected aircraft, whichever
occurs later. The Instructions must be prepared in accordance with
Sec. Sec.  23.1529, 25.1529, 25.1729, 27.1529, 29.1529, 31.82, 33.4,
35.4, or part 26 of this subchapter, or as specified in the applicable
airworthiness criteria for special classes of aircraft defined in Sec.
21.17(b), as applicable. Thereafter, the holder of a design approval
must make those instructions available to any other person required by
this chapter to comply with any of the terms of those instructions. In
addition, changes to the Instructions for Continued Airworthiness shall
be made available to any person required by this chapter to comply with
any of those instructions.

Subpart D--Changes to Type Certificates

0
8. Amend Sec.  21.101 by revising paragraph (b) introductory text and
adding a new paragraph (g) to read as follows:

Sec.  21.101  Designation of applicable regulations.

* * * * *
    (b) Except as provided in paragraph (g) of this section, if
paragraphs (b)(1), (2), or (3) of this section apply, an applicant may
show that the changed product complies with an earlier amendment of a
regulation required by paragraph (a) of this section, and of any other
regulation the Administrator finds is directly related. However, the
earlier amended regulation may not precede either the corresponding
regulation incorporated by reference in the type certificate, or any
regulation in Sec. Sec.  23.2, 25.2, 27.2, or 29.2 of this subchapter
that is related to the change. The applicant may show compliance with
an earlier amendment of a regulation for any of the following:
* * * * *
    (g) Notwithstanding paragraph (b) of this section, for transport
category airplanes, the applicant must show compliance with each
applicable provision of part 26 of this chapter, unless the applicant
has elected or was required to comply with a corresponding amendment to
part 25 of this chapter that was issued on or after the date of the
applicable part 26 provision.

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

0
9. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.

0
10. Amend Sec.  25.611 by re-designating the existing paragraph as
paragraph (a) and adding new paragraph (b) to read as follows:

Sec.  25.611  Accessibility provisions.

    (a) * * *
    (b) EWIS must meet the accessibility requirements of Sec.  25.1719.

0
11. Amend Sec.  25.855 by revising paragraph (e) introductory text and
adding new paragraph (j) as follows:

Sec.  25.855  Cargo or baggage compartments.

* * * * *
    (e) No compartment may contain any controls, lines, equipment, or
accessories whose damage or failure would affect safe operation, unless
those items are protected so that--
* * * * *
    (j) Cargo or baggage compartment electrical wiring interconnection
system components must meet the requirements of Sec.  25.1721.

0
12. Amend Sec.  25.869 by removing paragraph (a)(4) and revising
paragraphs (a)(2) and (a)(3) as follows:

Sec.  25.869  Fire protection: systems.

    (a) * * *
    (2) Equipment that is located in designated fire zones and is used
during emergency procedures must be at least fire resistant.
    (3) EWIS components must meet the requirements of Sec.  25.1713.
* * * * *

0
13. Amend part 25 by adding a new Sec.  25.899 to subpart D to read as
follows:

Sec.  25.899  Electrical bonding and protection against static
electricity.

    (a) Electrical bonding and protection against static electricity
must be designed to minimize accumulation of electrostatic charge that
would cause--
    (1) Human injury from electrical shock,
    (2) Ignition of flammable vapors, or
    (3) Interference with installed electrical/electronic equipment.
    (b) Compliance with paragraph (a) of this section may be shown by--
    (1) Bonding the components properly to the airframe; or
    (2) Incorporating other acceptable means to dissipate the static
charge so as not to endanger the airplane, personnel, or operation of
the installed electrical/electronic systems.

0
14. Amend Sec.  25.1203 by revising paragraph (e) and adding a new
paragraph (h) as follows:

Sec.  25.1203  Fire detector system.

* * * * *
    (e) Components of each fire or overheat detector system in a fire
zone must be fire-resistant.
* * * * *
    (h) EWIS for each fire or overheat detector system in a fire zone
must meet the requirements of Sec.  25.1731.

0
15. Amend Sec.  25.1301 by designating the introductory text as
paragraph (a), re-designating paragraphs (a) through (d) as (a)(1)
through (4), and adding a new paragraph (b) as follows:

Sec.  25.1301  Function and installation.

* * * * *
    (b) EWIS must meet the requirements of subpart H of this part.

0
16. Amend Sec.  25.1309 by removing paragraph (e) and re-designating
paragraph (g) as paragraph (e), and revising paragraph (f) as follows:

Sec.  25.1309  Equipment, systems, and installations.

* * * * *
    (f) EWIS must be assessed in accordance with the requirements of
Sec.  25.1709.

0
17. Amend part 25 by adding a new Sec.  25.1310, to read as follows:

Sec.  25.1310  Power source capacity and distribution.

    (a) Each installation whose functioning is required for type
certification or under operating rules and that requires a power supply
is an ``essential load'' on the power supply. The power sources and the
system must be able to supply the following power loads in probable
operating combinations and for probable durations:
    (1) Loads connected to the system with the system functioning
normally.
    (2) Essential loads, after failure of any one prime mover, power
converter, or energy storage device.
    (3) Essential loads after failure of--
    (i) Any one engine on two-engine airplanes; and
    (ii) Any two engines on airplanes with three or more engines.
    (4) Essential loads for which an alternate source of power is
required, after any failure or malfunction in any one power supply
system, distribution system, or other utilization system.
    (b) In determining compliance with paragraphs (a)(2) and (3) of
this section, the power loads may be assumed to be reduced under a
monitoring procedure consistent with safety in the kinds of operation
authorized. Loads not required in controlled flight need not be
considered for the two-engine-inoperative condition on airplanes with
three or more engines.

0
18. Revise Sec.  25.1353 to read as follows:

Sec.  25.1353  Electrical equipment and installations.

    (a) Electrical equipment and controls must be installed so that
operation of any one unit or system of units will not adversely affect
the simultaneous operation of any other electrical unit or system
essential to safe operation. Any electrical interference likely to be
present in the airplane must not result in hazardous effects on the
airplane or its systems.
    (b) Storage batteries must be designed and installed as follows:
    (1) Safe cell temperatures and pressures must be maintained during
any probable charging or discharging condition. No uncontrolled
increase in cell temperature may result when the battery is recharged
(after previous complete discharge)--
    (i) At maximum regulated voltage or power;
    (ii) During a flight of maximum duration; and
    (iii) Under the most adverse cooling condition likely to occur in
service.
    (2) Compliance with paragraph (b)(1) of this section must be shown
by test unless experience with similar batteries and installations has
shown that maintaining safe cell temperatures and pressures presents no
problem.
    (3) No explosive or toxic gases emitted by any battery in normal
operation, or as the result of any probable malfunction in the charging
system or battery installation, may accumulate in hazardous quantities
within the airplane.
    (4) No corrosive fluids or gases that may escape from the battery
may damage surrounding airplane structures or adjacent essential
equipment.
    (5) Each nickel cadmium battery installation must have provisions
to prevent any hazardous effect on structure or essential systems that
may be caused by the maximum amount of heat the battery can generate
during a short circuit of the battery or of individual cells.
    (6) Nickel cadmium battery installations must have--
    (i) A system to control the charging rate of the battery
automatically so as to prevent battery overheating;
    (ii) A battery temperature sensing and over-temperature warning
system with a means for disconnecting the battery from its charging
source in the event of an over-temperature condition; or
    (iii) A battery failure sensing and warning system with a means for
disconnecting the battery from its charging source in the event of
battery failure.
    (c) Electrical bonding must provide an adequate electrical return
path under both normal and fault conditions, on airplanes having
grounded electrical systems.

0
19. Amend Sec.  25.1357 by revising paragraphs (d) and (f) to read as
follows:

Sec.  25.1357  Circuit protective devices.

* * * * *

    (d) If the ability to reset a circuit breaker or replace a fuse is
essential to safety in flight, that circuit breaker or fuse must be
located and identified so that it can be readily reset or replaced in
flight. Where fuses are used, there must be spare fuses for use in
flight equal to at least 50% of the number of fuses of each rating
required for complete circuit protection.
* * * * *
    (f) For airplane systems for which the ability to remove or reset
power during normal operations is necessary, the system must be
designed so that circuit breakers are not the primary means to remove
or reset system power unless specifically designed for use as a switch.
* * * * *

0
20. Amend part 25 by adding a new Sec.  25.1360 to read as follows:

Sec.  25.1360  Precautions against injury.

    (a) Shock. The electrical system must be designed to minimize risk
of electric shock to crew, passengers, and servicing personnel and to
maintenance personnel using normal precautions.
    (b) Burns. The temperature of any part that may be handled by a
crewmember during normal operations must not cause dangerous
inadvertent movement by the crewmember or injury to the crewmember.

0
21. Amend part 25 by adding a new Sec.  25.1362 to read as follows:

Sec.  25.1362  Electrical supplies for emergency conditions.

    A suitable electrical supply must be provided to those services
required for emergency procedures after an emergency landing or
ditching. The circuits for these services must be designed, protected,
and installed so that the risk of the services being rendered
ineffective under these emergency conditions is minimized.

0
22. Amend part 25 by adding a new Sec.  25.1365 to read as follows:

Sec.  25.1365  Electrical appliances, motors, and transformers.

    (a) Domestic appliances must be designed and installed so that in
the event of failures of the electrical supply or control system, the
requirements of Sec.  25.1309(b), (c), and (d) will be satisfied.
Domestic appliances are items such as cooktops, ovens, coffee makers,
water heaters, refrigerators, and toilet flush systems that are placed
on the airplane to provide service amenities to passengers.
    (b) Galleys and cooking appliances must be installed in a way that
minimizes risk of overheat or fire.
    (c) Domestic appliances, particularly those in galley areas, must
be installed or protected so as to prevent damage or contamination of
other equipment or systems from fluids or vapors which may be present
during normal operation or as a result of spillage, if such damage or
contamination could create a hazardous condition.
    (d) Unless compliance with Sec.  25.1309(b) is provided by the
circuit protective device required by Sec.  25.1357(a), electric motors
and transformers, including those installed in domestic systems, must
have a suitable thermal protection device to prevent overheating under
normal operation and failure conditions, if overheating could create a
smoke or fire hazard.

0
23. Amend part 25 by adding new subpart H to read as follows:
Subpart H--Electrical Wiring Interconnection Systems (EWIS)
Sec.
25.1701 Definition.
25.1703 Function and installation: EWIS.
25.1705 Systems and functions: EWIS.
25.1707 System separation: EWIS.
25.1709 System safety: EWIS.
25.1711 Component identification: EWIS.
25.1713 Fire protection: EWIS.
25.1715 Electrical bonding and protection against static
electricity: EWIS.
25.1717 Circuit protective devices: EWIS.
25.1719 Accessibility provisions: EWIS.
25.1721 Protection of EWIS.
25.1723 Flammable fluid fire protection: EWIS.
25.1725 Powerplants: EWIS.
25.1727 Flammable fluid shutoff means: EWIS.
25.1729 Instructions for Continued Airworthiness: EWIS.
25.1731 Powerplant and APU fire detector system: EWIS.
25.1733 Fire detector systems, general: EWIS.

Subpart H--Electrical Wiring Interconnection Systems (EWIS)

Sec.  25.1701  Definition.

    (a) As used in this chapter, electrical wiring interconnection
system (EWIS) means any wire, wiring device, or combination of these,
including termination devices, installed in any area of the airplane
for the purpose of transmitting electrical energy, including data and
signals, between two or more intended termination points. This
includes:
    (1) Wires and cables.
    (2) Bus bars.
    (3) The termination point on electrical devices, including those on
relays, interrupters, switches, contactors, terminal blocks and circuit
breakers, and other circuit protection devices.
    (4) Connectors, including feed-through connectors.
    (5) Connector accessories.
    (6) Electrical grounding and bonding devices and their associated
connections.
    (7) Electrical splices.
    (8) Materials used to provide additional protection for wires,
including wire insulation, wire sleeving, and conduits that have
electrical termination for the purpose of bonding.
    (9) Shields or braids.
    (10) Clamps and other devices used to route and support the wire
bundle.
    (11) Cable tie devices.
    (12) Labels or other means of identification.
    (13) Pressure seals.
    (14) EWIS components inside shelves, panels, racks, junction boxes,
distribution panels, and back-planes of equipment racks, including, but
not limited to, circuit board back-planes, wire integration units, and
external wiring of equipment.
    (b) Except for the equipment indicated in paragraph (a)(14) of this
section, EWIS components inside the following equipment, and the
external connectors that are part of that equipment, are excluded from
the definition in paragraph (a) of this section:
    (1) Electrical equipment or avionics that are qualified to
environmental conditions and testing procedures when those conditions
and procedures are--
    (i) Appropriate for the intended function and operating
environment, and
    (ii) Acceptable to the FAA.
    (2) Portable electrical devices that are not part of the type
design of the airplane. This includes personal entertainment devices
and laptop computers.
    (3) Fiber optics.

Sec.  25.1703  Function and installation: EWIS.

    (a) Each EWIS component installed in any area of the aircraft must:
    (1) Be of a kind and design appropriate to its intended function.
    (2) Be installed according to limitations specified for the EWIS
components.
    (3) Perform the function for which it was intended without
degrading the airworthiness of the airplane.
    (4) Be designed and installed in a way that will minimize
mechanical strain.
    (b) Selection of wires must take into account known characteristics
of the wire in relation to each installation and application to
minimize the risk of wire damage, including any arc tracking phenomena.
    (c) The design and installation of the main power cables (including
generator cables) in the fuselage must allow for a reasonable degree of
deformation and stretching without failure.

    (d) EWIS components located in areas of known moisture accumulation
must be protected to minimize any hazardous effects due to moisture.

Sec.  25.1705  Systems and functions: EWIS.

    (a) EWIS associated with any system required for type certification
or by operating rules must be considered an integral part of that
system and must be considered in showing compliance with the applicable
requirements for that system.
    (b) For systems to which the following rules apply, the components
of EWIS associated with those systems must be considered an integral
part of that system or systems and must be considered in showing
compliance with the applicable requirements for that system.
    (1) Sec.  25.773(b)(2) Pilot compartment view.
    (2) Sec.  25.981 Fuel tank ignition prevention.
    (3) Sec.  25.1165 Engine ignition systems.
    (4) Sec.  25.1310 Power source capacity and distribution.
    (5) Sec.  25.1316 System lightning protection.
    (6) Sec.  25.1331(a)(2) Instruments using a power supply.
    (7) Sec.  25.1351 General.
    (8) Sec.  25.1355 Distribution system.
    (9) Sec.  25.1360 Precautions against injury.
    (10) Sec.  25.1362 Electrical supplies for emergency conditions.
    (11) Sec.  25.1365 Electrical appliances, motors, and transformers.
    (12) Sec.  25.1431(c) and (d) Electronic equipment.

Sec.  25.1707  System separation: EWIS.

    (a) Each EWIS must be designed and installed with adequate physical
separation from other EWIS and airplane systems so that an EWIS
component failure will not create a hazardous condition. Unless
otherwise stated, for the purposes of this section, adequate physical
separation must be achieved by separation distance or by a barrier that
provides protection equivalent to that separation distance.
    (b) Each EWIS must be designed and installed so that any electrical
interference likely to be present in the airplane will not result in
hazardous effects upon the airplane or its systems.
    (c) Wires and cables carrying heavy current, and their associated
EWIS components, must be designed and installed to ensure adequate
physical separation and electrical isolation so that damage to circuits
associated with essential functions will be minimized under fault
conditions.
    (d) Each EWIS associated with independent airplane power sources or
power sources connected in combination must be designed and installed
to ensure adequate physical separation and electrical isolation so that
a fault in any one airplane power source EWIS will not adversely affect
any other independent power sources. In addition:
    (1) Airplane independent electrical power sources must not share a
common ground terminating location.
    (2) Airplane system static grounds must not share a common ground
terminating location with any of the airplane's independent electrical
power sources.
    (e) Except to the extent necessary to provide electrical connection
to the fuel systems components, the EWIS must be designed and installed
with adequate physical separation from fuel lines and other fuel system
components, so that:
    (1) An EWIS component failure will not create a hazardous
condition.
    (2) Any fuel leakage onto EWIS components will not create a
hazardous condition.
    (f) Except to the extent necessary to provide electrical connection
to the hydraulic systems components, EWIS must be designed and
installed with adequate physical separation from hydraulic lines and
other hydraulic system components, so that:
    (1) An EWIS component failure will not create a hazardous
condition.
    (2) Any hydraulic fluid leakage onto EWIS components will not
create a hazardous condition.
    (g) Except to the extent necessary to provide electrical connection
to the oxygen systems components, EWIS must be designed and installed
with adequate physical separation from oxygen lines and other oxygen
system components, so that an EWIS component failure will not create a
hazardous condition.
    (h) Except to the extent necessary to provide electrical connection
to the water/waste systems components, EWIS must be designed and
installed with adequate physical separation from water/waste lines and
other water/waste system components, so that:
    (1) An EWIS component failure will not create a hazardous
condition.
    (2) Any water/waste leakage onto EWIS components will not create a
hazardous condition.
    (i) EWIS must be designed and installed with adequate physical
separation between the EWIS and flight or other mechanical control
systems cables and associated system components, so that:
    (1) Chafing, jamming, or other interference are prevented.
    (2) An EWIS component failure will not create a hazardous
condition.
    (3) Failure of any flight or other mechanical control systems
cables or systems components will not damage the EWIS and create a
hazardous condition.
    (j) EWIS must be designed and installed with adequate physical
separation between the EWIS components and heated equipment, hot air
ducts, and lines, so that:
    (1) An EWIS component failure will not create a hazardous
condition.
    (2) Any hot air leakage or heat generated onto EWIS components will
not create a hazardous condition.
    (k) For systems for which redundancy is required, by certification
rules, by operating rules, or as a result of the assessment required by
Sec.  25.1709, EWIS components associated with those systems must be
designed and installed with adequate physical separation.
    (l) Each EWIS must be designed and installed so there is adequate
physical separation between it and other aircraft components and
aircraft structure, and so that the EWIS is protected from sharp edges
and corners, to minimize potential for abrasion/chafing, vibration
damage, and other types of mechanical damage.

Sec.  25.1709  System safety: EWIS.

    Each EWIS must be designed and installed so that:
    (a) Each catastrophic failure condition--
    (1) Is extremely improbable; and
    (2) Does not result from a single failure.
    (b) Each hazardous failure condition is extremely remote.

Sec.  25.1711  Component identification: EWIS.

    (a) EWIS components must be labeled or otherwise identified using a
consistent method that facilitates identification of the EWIS
component, its function, and its design limitations, if any.
    (b) For systems for which redundancy is required, by certification
rules, by operating rules, or as a result of the assessment required by
Sec.  25.1709, EWIS components associated with those systems must be
specifically identified with component part number, function, and
separation requirement for bundles.
    (1) The identification must be placed along the wire, cable, or
wire bundle at appropriate intervals and in areas of the airplane where
it is readily visible to maintenance, repair, or alteration personnel.

    (2) If an EWIS component cannot be marked physically, then other
means of identification must be provided.
    (c) The identifying markings required by paragraphs (a) and (b) of
this section must remain legible throughout the expected service life
of the EWIS component.
    (d) The means used for identifying each EWIS component as required
by this section must not have an adverse effect on the performance of
that component throughout its expected service life.
    (e) Identification for EWIS modifications to the type design must
be consistent with the identification scheme of the original type
design.

Sec.  25.1713  Fire protection: EWIS.

    (a) All EWIS components must meet the applicable fire and smoke
protection requirements of Sec.  25.831(c) of this part.
    (b) EWIS components that are located in designated fire zones and
are used during emergency procedures must be fire resistant.
    (c) Insulation on electrical wire and electrical cable, and
materials used to provide additional protection for the wire and cable,
installed in any area of the airplane, must be self-extinguishing when
tested in accordance with the applicable portions of Appendix F, part
I, of 14 CFR part 25.

Sec.  25.1715  Electrical bonding and protection against static
electricity: EWIS.

    (a) EWIS components used for electrical bonding and protection
against static electricity must meet the requirements of Sec.  25.899.
    (b) On airplanes having grounded electrical systems, electrical
bonding provided by EWIS components must provide an electrical return
path capable of carrying both normal and fault currents without
creating a shock hazard or damage to the EWIS components, other
airplane system components, or airplane structure.

Sec.  25.1717  Circuit protective devices: EWIS.

    Electrical wires and cables must be designed and installed so they
are compatible with the circuit protection devices required by Sec.
25.1357, so that a fire or smoke hazard cannot be created under
temporary or continuous fault conditions.

Sec.  25.1719  Accessibility provisions: EWIS.

    Access must be provided to allow inspection and replacement of any
EWIS component as necessary for continued airworthiness.

Sec.  25.1721  Protection of EWIS.

    (a) No cargo or baggage compartment may contain any EWIS whose
damage or failure may affect safe operation, unless the EWIS is
protected so that:
    (1) It cannot be damaged by movement of cargo or baggage in the
compartment.
    (2) Its breakage or failure will not create a fire hazard.
    (b) EWIS must be designed and installed to minimize damage and risk
of damage to EWIS by movement of people in the airplane during all
phases of flight, maintenance, and servicing.
    (c) EWIS must be designed and installed to minimize damage and risk
of damage to EWIS by items carried onto the aircraft by passengers or
cabin crew.

Sec.  25.1723  Flammable fluid fire protection: EWIS.

    EWIS components located in each area where flammable fluid or
vapors might escape by leakage of a fluid system must be considered a
potential ignition source and must meet the requirements of Sec.
25.863.

Sec.  25.1725  Powerplants: EWIS.

    (a) EWIS associated with any powerplant must be designed and
installed so that the failure of an EWIS component will not prevent the
continued safe operation of the remaining powerplants or require
immediate action by any crewmember for continued safe operation, in
accordance with the requirements of Sec.  25.903(b).
    (b) Design precautions must be taken to minimize hazards to the
airplane due to EWIS damage in the event of a powerplant rotor failure
or a fire originating within the powerplant that burns through the
powerplant case, in accordance with the requirements of Sec.
25.903(d)(1).

Sec.  25.1727  Flammable fluid shutoff means: EWIS.

    EWIS associated with each flammable fluid shutoff means and control
must be fireproof or must be located and protected so that any fire in
a fire zone will not affect operation of the flammable fluid shutoff
means, in accordance with the requirements of Sec.  25.1189.

Sec.  25.1729  Instructions for Continued Airworthiness: EWIS.

    The applicant must prepare Instructions for Continued Airworthiness
applicable to EWIS in accordance with Appendix H sections H25.4 and
H25.5 to this part that are approved by the FAA.

Sec.  25.1731  Powerplant and APU fire detector system: EWIS.

    (a) EWIS that are part of each fire or overheat detector system in
a fire zone must be fire-resistant.
    (b) No EWIS component of any fire or overheat detector system for
any fire zone may pass through another fire zone, unless:
    (1) It is protected against the possibility of false warnings
resulting from fires in zones through which it passes; or
    (2) Each zone involved is simultaneously protected by the same
detector and extinguishing system.
    (c) EWIS that are part of each fire or overheat detector system in
a fire zone must meet the requirements of Sec.  25.1203.

Sec.  25.1733  Fire detector systems, general: EWIS.

    EWIS associated with any installed fire protection system,
including those required by Sec. Sec.  25.854 and 25.858, must be
considered an integral part of the system in showing compliance with
the applicable requirements for that system.

0
24. Amend H25.1 of Appendix H to part 25 by revising paragraph (a) to
read as follows:

Appendix H To Part 25--Instructions For Continued Airworthiness

    H25.1 General.
    (a) This appendix specifies requirements for preparation of
Instructions for Continued Airworthiness as required by Sec. Sec.
25.1529, 25.1729, and applicable provisions of parts 21 and 26 of
this chapter.

* * * * *

0
25. Amend H25.4 of Appendix H to part 25 by revising paragraph (a)(1)
and adding new paragraph (a)(3) to read as follows:

Appendix H To Part 25--Instructions for Continued Airworthiness

* * * * *
    H25.4 Airworthiness Limitations section.
    (a) * * *
    (1) Each mandatory replacement time, structural inspection
interval, and related structural inspection procedures approved
under Sec.  25.571.
* * * * *
    (3) Any mandatory replacement time of EWIS components as defined
in section 25.1701.

* * * * *

0
26. Amend Appendix H to part 25 by adding new paragraph H25.5 to read
as follows:

Appendix H To Part 25--Instructions for Continued Airworthiness

* * * * *
    H25.5 Electrical Wiring Interconnection System (EWIS)
Instructions for Continued Airworthiness.
    (a) The applicant must prepare Instructions for Continued
Airworthiness (ICA) applicable to EWIS as defined by Sec.  25.1701
that are

approved by the FAA and include the following:
    (1) Maintenance and inspection requirements for the EWIS
developed with the use of an enhanced zonal analysis procedure that
includes:
    (i) Identification of each zone of the airplane.
    (ii) Identification of each zone that contains EWIS.
    (iii) Identification of each zone containing EWIS that also
contains combustible materials.
    (iv) Identification of each zone in which EWIS is in close
proximity to both primary and back-up hydraulic, mechanical, or
electrical flight controls and lines.
    (v) Identification of--
    (A) Tasks, and the intervals for performing those tasks, that
will reduce the likelihood of ignition sources and accumulation of
combustible material, and
    (B) Procedures, and the intervals for performing those
procedures, that will effectively clean the EWIS components of
combustible material if there is not an effective task to reduce the
likelihood of combustible material accumulation.
    (vi) Instructions for protections and caution information that
will minimize contamination and accidental damage to EWIS, as
applicable, during performance of maintenance, alteration, or
repairs.
    (2) Acceptable EWIS maintenance practices in a standard format.
    (3) Wire separation requirements as determined under Sec.
25.1707.
    (4) Information explaining the EWIS identification method and
requirements for identifying any changes to EWIS under Sec.
25.1711.
    (5) Electrical load data and instructions for updating that
data.
    (b) The EWIS ICA developed in accordance with the requirements
of H25.5(a)(1) must be in the form of a document appropriate for the
information to be provided, and they must be easily recognizable as
EWIS ICA. This document must either contain the required EWIS ICA or
specifically reference other portions of the ICA that contain this
information.

0
27. Amend 14 CFR by adding new part 26 to read as follows:

PART 26--CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR
TRANSPORT CATEGORY AIRPLANES

Subpart A--General
Sec.
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.

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.

Subpart A--General

Sec.  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.

Sec.  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.

Sec.  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)
------------------------------------------------------------------------
Effective Date of Rule..................................             TBD
Existing \1\ TC Holders.................................           26.11
Pending \1\ TC Applicants...............................           26.11
Existing \1\ STC Holders................................             N/A
Pending \1\ STC/ATC Applicants..........................           26.11
Future \2\ STC/ATC Applicants...........................           26.11
Manufacturers...........................................             N/A
Persons Seeking Design Approval of Repairs..............            N/A
------------------------------------------------------------------------
\1\ As of the effective date of the identified rule.
\2\ Application made after the effective date of the identified rule.

Subpart B--Enhanced Airworthiness Program for Aging Systems

Sec.  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 Sec.  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 Sec.  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,
December 10, 2009, 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

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
28. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).

0
29. Amend Sec.  91.1 by adding a new paragraph (d) to read as follows:

Sec.  91.1  Applicability.

* * * * *
    (d) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each airplane.

0
30. Amend part 91 by adding new Subpart L as follows:
Subpart L--Continued Airworthiness and Safety Improvements
Sec.
91.1501 Purpose and definition.
91.1503 [Reserved]
91.1505 [Reserved]
91.1507 Fuel tank system inspection program.

Subpart L--Continued Airworthiness and Safety Improvements

Sec.  91.1501  Purpose and definition.

    (a) This subpart requires operators to support the continued
airworthiness of each airplane. These requirements may include, but are
not limited to, revising the inspection program, incorporating design
changes, and incorporating revisions to Instructions for Continued
Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is
the aircraft certification office or office of the Transport Airplane
Directorate with oversight responsibility for the relevant type
certificate or supplemental type certificate, as determined by the
Administrator.

Sec.  91.1503  [Reserved]

Sec.  91.1505  [Reserved]

Sec.  91.1507  Fuel tank system inspection 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
original type 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) For each airplane on which an auxiliary fuel tank is installed
under a field approval, before June 16, 2008, the operator must submit
to the FAA Oversight Office proposed maintenance instructions for the
tank that meet the requirements of Special Federal Aviation Regulation
No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no operator may operate an airplane
identified in paragraph (a) of this section unless the inspection
program for that airplane has been revised to include applicable
inspections, procedures, and limitations for fuel tank systems.
    (d) The proposed fuel tank system inspection program revisions
specified in paragraph (c) of this section must be based on fuel tank
system Instructions for Continued Airworthiness (ICA) that have been
developed in accordance with the applicable provisions of SFAR 88 of
this chapter or Sec.  25.1529 and part 25, Appendix H, of this chapter,
in effect on June 6, 2001 (including those developed for auxiliary fuel
tanks, if any, installed under supplemental type certificates or other
design approval) and that have been approved by the FAA Oversight
Office.

    (e) After December 16, 2008, before returning an airplane to
service after any alterations for which fuel tank ICA are developed
under SFAR 88, or under Sec.  25.1529 in effect on June 6, 2001, the
operator must include in the inspection program for the airplane
inspections and procedures for the fuel tank system based on those ICA.
    (f) The fuel tank system inspection program changes identified in
paragraphs (d) and (e) of this section and any later fuel tank system
revisions must be submitted to the Flight Standards District Office
(FSDO) responsible for review and approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300

0
31. Re-designate the text of Sec.  91.410 as new Sec.  91.1505, remove
and reserve paragraph (b), and revise the section heading of newly re-
designated Sec.  91.1505 to read as follows:

Sec.  91.1505  Repairs assessment for pressurized fuselages.

* * * * *

Sec.  91.410  [Reserved]

0
32. Add and reserve a new Sec.  91.410.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
33. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.

0
34. Amend Sec.  121.1 by adding a new paragraph (g) to read as follows:

Sec.  121.1  Applicability

* * * * *
    (g) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each airplane.

0
35. Amend part 121 by adding new subpart AA to read as follows:
Subpart AA--Continued Airworthiness and Safety Improvements
Sec.
121.1101 Purpose and definition.
121.1103 [Reserved]
121.1105 [Reserved]
121.1107 [Reserved]
121.1109 [Reserved]
121.1111 Electrical wiring interconnection systems (EWIS)
maintenance program.
121.1113 Fuel tank system maintenance program.

Subpart AA--Continued Airworthiness and Safety Improvements

Sec.  121.1101  Purpose and definition.

    (a) This subpart requires persons holding an air carrier or
operating certificate under part 119 of this chapter to support the
continued airworthiness of each airplane. These requirements may
include, but are not limited to, revising the maintenance program,
incorporating design changes, and incorporating revisions to
Instructions for Continued Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is
the aircraft certification office or office of the Transport Airplane
Directorate with oversight responsibility for the relevant type
certificate or supplemental type certificate, as determined by the
Administrator.

Sec.  121.1103  [Reserved]

Sec.  121.1105  [Reserved]

Sec.  121.1107  [Reserved]

Sec.  121.1109  [Reserved]

Sec.  121.1111  Electrical wiring interconnection systems (EWIS)
maintenance program.

    (a) Except as provided in paragraph (f) 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
original type 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 7500 pounds or more.
    (b) After March 10, 2011, no certificate holder may operate an
airplane identified in paragraph (a) of this section unless the
maintenance program for that airplane includes inspections and
procedures for electrical wiring interconnection systems (EWIS).
    (c) The proposed EWIS maintenance program changes must be based on
EWIS Instructions for Continued Airworthiness (ICA) that have been
developed in accordance with the provisions of Appendix H of part 25 of
this chapter applicable to each affected airplane (including those ICA
developed for supplemental type certificates installed on each
airplane) and that have been approved by the FAA Oversight Office.
    (1) For airplanes subject to Sec.  26.11 of this chapter, the EWIS
ICA must comply with paragraphs H25.5(a)(1) and (b).
    (2) For airplanes subject to Sec.  25.1729 of this chapter, the
EWIS ICA must comply with paragraph H25.4 and all of paragraph H25.5.
    (d) After March 10, 2011, before returning an airplane to service
after any alterations for which EWIS ICA are developed, the certificate
holder must include in the airplane's maintenance program inspections
and procedures for EWIS based on those ICA.
    (e) The EWIS maintenance program changes identified in paragraphs
(c) and (d) of this section and any later EWIS revisions must be
submitted to the Principal Inspector for review and approval.
    (f) 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

Sec.  121.1113  Fuel tank system 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
original type 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 7500 pounds or more.
    (b) For each airplane on which an auxiliary fuel tank is installed
under a field approval, before June 16, 2008, the certificate holder
must submit to the FAA Oversight Office proposed maintenance
instructions for the tank that meet the requirements of Special Federal
Aviation Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no certificate holder may operate an
airplane identified in paragraph (a) of this section unless the
maintenance program for that airplane has been revised to include
applicable

inspections, procedures, and limitations for fuel tanks systems.
    (d) The proposed fuel tank system maintenance program revisions
must be based on fuel tank system Instructions for Continued
Airworthiness (ICA) that have been developed in accordance with the
applicable provisions of SFAR 88 of this chapter or Sec.  25.1529 and
part 25, Appendix H, of this chapter, in effect on June 6, 2001
(including those developed for auxiliary fuel tanks, if any, installed
under supplemental type certificates or other design approval) and that
have been approved by the FAA Oversight Office.
    (e) After December 16, 2008, before returning an aircraft to
service after any alteration for which fuel tank ICA are developed
under SFAR 88 or under Sec.  25.1529 in effect on June 6, 2001, the
certificate holder must include in the maintenance program for the
airplane inspections and procedures for the fuel tank system based on
those ICA.
    (f) The fuel tank system maintenance program changes identified in
paragraphs (d) and (e) of this section and any later fuel tank system
revisions must be submitted to the Principal Inspector for review and
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300

Sec.  121.368  [Re-designated as Sec.  121.1105]

0
36. Re-designate Sec.  121.368 as new Sec.  121.1105.

Sec.  121.368  [Reserved]

0
37. Add and reserve a new Sec.  121.368.

0
38. Re-designate Sec.  121.370 as new Sec.  121.1107, remove and
reserve paragraph (b), and revise the section heading to read as
follows:

Sec.  121.1107  Repairs assessment for pressurized fuselages.

* * * * *

Sec.  121.370  [Reserved]

0
39. Add and reserve a new Sec.  121.370.

Sec.  121.370a  [Re-designated as Sec.  121.1109]

0
40. Re-designate Sec.  121.370a as new Sec.  121.1109.

Sec.  121.370a  [Reserved]

0
41. Add and reserve a new Sec.  121.370a.

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; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
42. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

0
43. Amend Sec.  125.1 by adding a new paragraph (e) to read as follows:

Sec.  125.1  Applicability.

* * * * *
    (e) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each airplane.

0
44. Amend part 125 by adding new subpart M to read as follows:
Subpart M--Continued Airworthiness and Safety Improvements
Sec.
125.501 Purpose and definition.
125.503 [Reserved]
125.505 [Reserved]
125.507 Fuel tank system inspection program.

Subpart M--Continued Airworthiness and Safety Improvements

Sec.  125.501  Purpose and definition.

    (a) This subpart requires operators to support the continued
airworthiness of each airplane. These requirements may include, but are
not limited to, revising the inspection program, incorporating design
changes, and incorporating revisions to Instructions for Continued
Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is
the aircraft certification office or office of the Transport Airplane
Directorate with oversight responsibility for the relevant type
certificate or supplemental type certificate, as determined by the
Administrator.

Sec.  125.503  [Reserved]

Sec.  125.505  [Reserved]

Sec.  125.507  Fuel tank system inspection 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
original type 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 7500 pounds or more.
    (b) For each airplane on which an auxiliary fuel tank is installed
under a field approval, before June 16, 2008, the certificate holder
must submit to the FAA Oversight Office proposed maintenance
instructions for the tank that meet the requirements of Special Federal
Aviation Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no certificate holder may operate an
airplane identified in paragraph (a) of this section unless the
inspection program for that airplane has been revised to include
applicable inspections, procedures, and limitations for fuel tank
systems.
    (d) The proposed fuel tank system inspection program revisions must
be based on fuel tank system Instructions for Continued Airworthiness
(ICA) that have been developed in accordance with the applicable
provisions of SFAR 88 of this chapter or Sec.  25.1529 and part 25,
Appendix H, of this chapter, in effect on June 6, 2001 (including those
developed for auxiliary fuel tanks, if any, installed under
supplemental type certificates or other design approval) and that have
been approved by the FAA Oversight Office.
    (e) After December 16, 2008, before returning an aircraft to
service after any alteration for which fuel tank ICA are developed
under SFAR 88, or under Sec.  25.1529 in effect on June 6, 2001, the
certificate holder must include in the inspection program for the
airplane inspections and procedures for the fuel tank system based on
those ICA.
    (f) The fuel tank system inspection program changes identified in
paragraphs (d) and (e) of this section and any later fuel tank system
revisions must be submitted to the Principal Inspector for review and
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300
0
45. Re-designate Sec.  125.248 as new Sec.  125.505, remove and reserve
paragraph (b), and revise the section heading of newly re-designated
Sec.  125.505 to read as follows:

Sec.  125.505  Repairs assessment for pressurized fuselages.

* * * * *

Sec.  125.248  [Reserved]

0
46. Add and reserve a new Sec.  125.248.

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

0
47. The authority citation for part 129 continues to read as follows:

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 46105, Pub. L. 107-71 sec. 104.

Sec.  129.16  [Re-designated as Sec.  129.109]

0
48. Re-designate Sec.  129.16 as Sec.  129.109.

Sec.  129.32  [Re-designated as Sec.  129.107]

0
49. Re-designate Sec.  129.32 as Sec.  129.107, revise the section
heading of newly re-designated Sec.  129.107, and remove and reserve
paragraph (b). The revised heading reads as follows:

Sec.  129.107  Repairs assessment for pressurized fuselages.

* * * * *

Sec.  129.33  [Re-designated as Sec.  129.105]

0
50. Re-designate Sec.  129.33 as Sec.  129.105.
0
51. Designate newly re-designated Sec. Sec.  129.105, 129.107, and
129.109 as Subpart B and add a new subpart heading to read as follows:

Subpart B--Continued Airworthiness and Safety Improvements

* * * * *
0
52. Designate existing Sec. Sec.  129.1, 129.11, 129.13, 129.14,
129.15, 129.17, 129.18, 129.19, 129.20, 129.21, 129.22, 129.23, 129.25,
129.28, and 129.29, as Subpart A and add a new subpart heading to read
as follows:

Subpart A--General

* * * * *
0
53. Revise paragraph (b) of Sec.  129.1 to read as follows:

Sec.  129.1  Applicability and definitions.

* * * * *
    (b) Operations of U.S.-registered aircraft solely outside the
United States. In addition to the operations specified under paragraph
(a) of this section, Sec. Sec.  129.14 and 129.20 and subpart B of this
part also apply to U.S.-registered aircraft operated solely outside the
United States in common carriage by a foreign person or foreign air
carrier.
* * * * *

0
54. Add Sec.  129.101 to subpart B to read as follows:

Sec.  129.101  Purpose and definition.

    (a) This subpart requires a foreign person or foreign air carrier
operating a U.S. registered airplane in common carriage to support the
continued airworthiness of each airplane. These requirements may
include, but are not limited to, revising the maintenance program,
incorporating design changes, and incorporating revisions to
Instructions for Continued Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is
the aircraft certification office or office of the Transport Airplane
Directorate with oversight responsibility for the relevant type
certificate or supplemental type certificate, as determined by the
Administrator.

Sec.  129.103  [Reserved]

0
55. Add and reserve Sec.  129.103 to subpart B.
0
56. Add Sec.  129.111 to subpart B to read as follows:

Sec.  129.111  Electrical wiring interconnection systems (EWIS)
maintenance program.

    (a) Except as provided in paragraph (f) 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
original type 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 7500 pounds or more.
    (b) After March 10, 2011, no foreign person or foreign air carrier
may operate a U.S.-registered airplane identified in paragraph (a) of
this section unless the maintenance program for that airplane includes
inspections and procedures for EWIS.
    (c) The proposed EWIS maintenance program changes must be based on
EWIS Instructions for Continued Airworthiness (ICA) that have been
developed in accordance with the provisions of Appendix H of part 25 of
this chapter applicable to each affected airplane (including those ICA
developed for supplemental type certificates installed on each
airplane) and that have been approved by the FAA Oversight Office.
    (1) For airplanes subject to Sec.  26.11 of this chapter, the EWIS
ICA must comply with paragraphs H25.5(a)(1) and (b).
    (2) For airplanes subject to Sec.  25.1729 of this chapter, the
EWIS ICA must comply with paragraph H25.4 and all of paragraph H25.5.
    (d) After March 10, 2011, before returning a U.S.-registered
airplane to service after any alterations for which EWIS ICA are
developed, the foreign person or foreign air carrier must include in
the maintenance program for that airplane inspections and procedures
for EWIS based on those ICA.
    (e) The EWIS maintenance program changes identified in paragraphs
(c) and (d) of this section and any later EWIS revisions must be
submitted to the Principal Inspector or Flight Standards International
Field Office responsible for review and approval.
    (f) 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

0
57. Add Sec.  129.113 to subpart B to read as follows:

Sec.  129.113  Fuel tank system 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
original type 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 7500 pounds or more.
    (b) For each U.S.-registered airplane on which an auxiliary fuel
tank is installed under a field approval, before June 16, 2008, the
foreign person or foreign air carrier operating the airplane must
submit to the FAA Oversight Office proposed maintenance instructions
for the tank that meet the requirements of Special Federal Aviation
Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no foreign person or foreign air
carrier may operate a U.S.-registered airplane identified in paragraph
(a) of this section unless the maintenance program for that airplane
has been revised to include applicable inspections, procedures, and
limitations for fuel tank systems.

    (d) The proposed fuel tank system maintenance program revisions
must be based on fuel tank system Instructions for Continued
Airworthiness (ICA) that have been developed in accordance with the
applicable provisions of SFAR 88 of this chapter or Sec.  25.1529 and
part 25, Appendix H, of this chapter, in effect on June 6, 2001
(including those developed for auxiliary fuel tanks, if any, installed
under supplemental type certificates or other design approval) and that
have been approved by the FAA Oversight Office.
    (e) After December 16, 2008, before returning a U.S.-registered
airplane to service after any alteration for which fuel tank ICA are
developed under SFAR 88, or under Sec.  25.1529 in effect on June 6,
2001, the foreign person or foreign air carrier must include in the
maintenance program for the airplane inspections and procedures for the
fuel tank system based on those ICA.
    (f) The fuel tank system maintenance program changes identified in
paragraphs (d) and (e) of this section and any later fuel tank system
revisions must be submitted to the Principal Inspector or Flight
Standards International Field Office responsible for review and
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300

    Issued in Washington, DC, on October 22, 2007.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E7-21434 Filed 11-7-07; 8:45 am]

BILLING CODE 4910-13-P