View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOT/FAA RIN: 2120-AI05 Publication ID: Fall 2007 
Title: Aging Aircraft Program (Widespread Fatigue Damage) 
Abstract: This rulemaking would require design approval holders to establish limits of validity (LOVs) of the engineering data that support the maintenance programs for certain transport category airplanes, and it would require them to determine if maintenance actions are needed to prevent widespread fatigue damage before an airplane reaches its LOV. This rulemaking would require operators of any affected airplane to incorporate the LOV and any necessary service information into their maintenance programs. This rulemaking would also prohibit operation of an affected airplane beyond the operational limit, unless an operator has incorporated an extended LOV and any necessary service information into its maintenance program. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 14 CFR 121    14 CFR 129   
Legal Authority: 49 USC 106(g)    49 USC 40113    49 USC 40119    49 USC 41706    49 USC 44101    49 USC 44701-44702    49 USC 44705    49 USC 44709-44711    49 USC 44713    44 USC 44716-44717    49 USC 44722    49 USC 46105    49 USC 1372    Pub L 107-71 sec 104    ...   
Legal Deadline:  None

Statement of Need: History has shown that widespread fatigue damage (WFD) is a significant safety risk for transport category airplanes. The Aloha B-737 accident in 1988 showed FAA and industry that WFD could be a problem that could lead to catastrophic failure of airplane structure. Numerous widespread fatigue damage incidents since then have confirmed that it is a threat common to all aging airplanes. Because widespread fatigue damage results from the interaction of many small cracks, existing inspection methods are inadequate to reliably detect and prevent it.

Summary of the Legal Basis: Section 44701, Title 49 of the United States Code states that the Administrator shall promote safety of flight of civil aircraft in air commerce by prescribing minimum standards required in the interest of safety.

Alternatives: The FAA acknowledges the proposed rule may have a significant impact on a substantial number of small entities. We conclude the current proposal is the preferred alternative because it provides for a common WFD system for all operators who fly in the same airspace under the same operating environment. We considered the following alternatives: 1. Exclude small entities 2. Extend the compliance deadline for small entities 3. Establish lesser technical requirements for small entities 4. Expand the requirements to cover more airplanes

Anticipated Costs and Benefits: The cost of this proposal is $358.1 million. The benefits of this proposal consist of $654 million in accident prevention benefits and $74 million in detection benefits, for total benefits of $728 million.

Risks: Because widespread fatigue damage problems will occur as airplanes operate beyond their initial operational limit, operators are likely to detect such problems over the 20-year forecast period. The FAA has assumed that there is a probability of widespread fatigue damage problems occurring for each fuselage type of five percent in each year. Under this assumption, there is a 35 percent chance that there will be zero WFD problems detected for a particular fuselage type over a 20-year period.

Timetable:
Action Date FR Cite
NPRM  04/18/2006  71 FR 19927   
NPRM Comment Period Extended  07/17/2006  71 FR 38540   
NPRM Comment Period End  09/18/2006    
Final Rule  07/00/2008    
Additional Information: Present value (7%) cost $537 million -- Present value (7%) benefits $1,214 million
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Walter Sippel
ANM-115
Department of Transportation
Federal Aviation Administration
1601 Lind Avenue SW,
Renton, WA 98039-4056
Phone:425 227-2774
Fax:425 227-1232
Email: walter.sippel@faa.gov