Special Federal Aviation Regulation No. 88—Fuel Tank System Fault Tolerance Evaluation Requirements 1. Appiicabity. This SFAR applies to the holders of type cettitcates, and supplemental type certficates that may affect ne arplane fuel tank system, tor turbine-powered transport category alplanes, provided the type cartficate was issued after January 1, 1858, and the altplane has either a maximum type certiicated passenger capaaty of 30 ‘of more, or a maximum lype certificated payload capacity of 7.500 pounds of more. This SFAR also applies 1 applicants for ype ceruiicates, amendments 1o a type certiicate, ana supplemental iype certicates affecting the fuel tank systems for hose airplanes identiied above. if fie applicalon was Hed before June 6, 2001, Ne ellecive date of fis SFAR, and the certificate was not issued before June 6, 2001 2, Compliance: Each type certficate holder, and each supplemental type certficate holder of a mocitcation affecting the airplane tual tank system, must accomplish the following within the compliance mes spectied in paragraph (6) ot this section: (a) Conduct a safaty raview of the atplane ual fark system to determine that the dasign meets the requirements of §§§25.901 and 25.981(a) and (b) of fiis chaptor. If fie current design does not maet these requirements, develop al iasign changes to the fuel tank eystom fat ara nocassary to meet these requirements. The FAA (Aircraft Cattiication Office (ACO), or office of tha Transport Airplane Directorate, having cognizance aver the type certificate for the affected airplane) may grant an exteneion of the 18-month compliance time for development of design changes it (1) The satety review is completed within he comeliance te; (2) Neceseary design changes are identified within tne compliance tme; and (3) Adaiuonal timo can be justited, based on the holder's domonstrated aggressiveness in performing the salty Feview, tie complexity of the necessary design changes, the availablity of interim actons to provide an acceptable level of safety, and the resulting laval of safety (0) Develop all maintenance and inspection instructions necessary to maintain the design features required to predude the existence or development of an igniton source within the fuel tank system of tne airplane, ¢) Submit a report for approval 1o he FAA Akcrall Gerliicallon Office (ACO), or office of the Transport Alolane Directorate, having cogryzance over tia type cartfate for the affected arplane, that (1) Provides substantiation that te airplane tual tark system design, including all necessary design changes, meets tho requiremanis of §§25 901 and 25 981/a) and (bi of his chapter; and (2) Contains all maintenance and inspection instructions necessary to maintain the design features required to pradude the existence or development of an fgnition source within the fuel tank system throughout the operational life of the airplane (a) The Aircraft Certtication Office (ACO), or office of the Transport Airplane Directorate, having cognizance over the {ype corticate forthe alfected airplane, may approvo a report submitled In accordance wt paragraph 2(¢) It dotormines thal any provisions of tus SFAR not complioa with are compensated for by factors that provide an equivalent level of satay. (©) Each type certificate holder must comply no later than December 6, 2002, or within 18 months after the issuance of a lype certticate for which application was fled before June 6, 2001, whichever is later; and each supplemental 'ype certificate folder of a modification affecting the airplane fuel tank system must comply no later than June 6, 2003, ot witun 18 montis altar the Issuance of a supplem ental typo certiicate for which application was fled before ‘une 6, 2001, whiehover ie later i 10-66 eM May, 9, wi by Ka 21-86 6 FRSA Se 1, 6067 FA TERE, No: 8,2 Ama. 2-89 ST TER Sang FAA Compliance ASE 090215, "7The 14: Aeronauties and Space AL 21- ERI CATIONPAICEDLEES EOF PRODUCTS AND PARTS a § 21.3. Reporting of failures, malfunctions, and defects. {a) Except as provided in paragraph (dj of this section, the holder of a Type Certfeate (including a Supplemental ‘Type Cortficate), a Parts Manufacturer Approval (PMA), or a TSO authorization, or ha licensee of a Type Certiicate shall report any failure, malfunction, or defect in any product, part, process, or article manufactured by it that it otermines has resulted in any of the occurrences listed in paragraph (c) ofthis section. (0) The holder of a Type Ceruitcate (including a Supplemental Type Certicate), a Parts Manufacturer Approval (PMa), or a TSO autnerization, oF the licensee of a Type of Certficate shall report any detect in any product part. of afole manufactured by i that has left its qualty conta system and that It determines could result in any of he (occurrences listed in paragraph (c) ofthis section, (6) The following occurrences must'oe reported as provided in paragraphs (a) and (b) of this secton’ (1) ites caused by a system or equipment falure, malfunction, or detect (3) The accumulation or ctoulaton of toxic or noxious gases In'the crew compartment or passenger cabin, (6) Flammabie fuld leakage in areas whore an igrition saurce normally ests. (8) A significant aircratt prmary structural detect or failure caused by any autogenous condition (fatque, Understangth, corrosion, ete.) (9) Ary abnormal vibration o butleting caused by a stuctural or system malfunction, detec, a falure. (o} The requirements of paragraph (a) of tis section do net apply to— (1) Failures, malfunctions, or defects that tha holder of a Type Certificate (including a Supplemental Type Certificate), Parts Manufacturer Approval (PMA), or TSO authorization, or the licensee ata Type Certiteate— (0) Determines wore caused by Improper maintenance, oF improper usage (ip Knows wore reportad to the FAA by another person under the Fadaral Aviation Regulations; or (it) Has already reported under the accident reporting provisions of Part 430 of the regulations of the National “Transportation Safely Board (2) Failures, malfunctions, or defects in products, parts, or articles manufacturedby a foreign manufacturer under a USS. Type Certiicate issued under §21.29 or §21.617, or axportad to the United States under §21.502. (0) Each report required by this section— (1) Shall be made to the Aireraft Gertffcation Oifice in the region in which the person required to make the report is located witin 24 houre after it has determined thatthe fallure, malfunction, or defect required to be reported has ‘Occurred. However, a report that is due on a Saturday or a Sunday may be delivated on the follwing Monday and ‘one thatis due on a holiday may be delivered on ne next workdays (2) Shall bo transmitted in a manner and form accoptablo to ne Administrator and by the most expeditous method available; and (3) Shall include as much of the folowing information as is available and applicable (1, Whenever ine investigation of an accident or sorvco aifficulty report shows that an article manufactured undor ‘TSO aumorization is unsafe because of a manufactuting or dasign dofect, he manufacturer shall, upon request of te Administrator, report to the Administrator fie results of is investigation and any acton taken or proposed by the manufacturer to correct that defect If action is required to corract tha defect in existing artcies, the manufacturer shall submit the data nacoesary for the issuance of an appropriate alrworthinaes dlractve to the Manager of he Aircraft Certification Office for the geographic area of the FAA regional offcein fie region in which itis located A 8 8 TE ay A.A ND A 2PM, A BS FAA Compliance ASE 090215, 27§ 21.21 Issue of type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers. An applicantis entited to a type certiicate for an aiteaftin the normal, utity, aecobatie, commuter, or ransport catagory, oF for a manned free balloon, special class of aircratt, or an aitcraft engine or propeller, il— (a) The product qualifies under §21.27: oF (b) The applicant submits the type design, test reports, and computations necessary to show that the product to be Certificated meets the applicable aleworthiness, aircrat noise, fuel venting, and exhaust emission requirements of the Federal Aviation Fegulations and any special conditions presciibed by the Administrator, and the Administrator finds— (1) Upon examination of the type design, and after complatng all tests and inspections, that the type design and the product meet the applicable noise, tuel venting, ana emissions requirements of tie Federal Aviation Regulations, and further finds that tey meet ne apalicable ainwortniness requirements of the Federal Aviation Regulations or that any ainortiness provisions not complied vith are compensated for by factors that provide an equivalent level of salety: and; (2)For an aireratt, that no feature or characterise makes it unsafe for the category in which certincation is requested [Bec ts 295 ASC, ut 24. 1964 an nae yA 21-15, FAIS Ma 157 Amit 21-27, DK No 18, 156A f- SO FRA SSA3 fan ama etcea eho, 1) § 21.120 Responsibility of supplemental type certificate holders to provide written permission for alterations, ‘A supplemental type certificate holder who allows a person to use the supplemental type certificate to alter an alrcratt aircraft engine, or propel musi provide that person wih writton permission acceplablo to tie FAA 1 2258, Se 120 § 21.99 Required design changes. (a) When an Airworthiness Directive is lesued under Part 29 the halder of te type certficato for the product ‘Concerned must— (1) Ifthe Administator nds that design changes aro necessary to cortect to unsale conciion of tie product, and upon his request, submit appropriate desian changes for approval; and (2) Upon approval of te design changes, make avalable the descriptive data covering the changes to alloperators ‘1 products previously certificated under the type certificate, (0) Ina caso where inere aro no current unsafe condivons, but ihe Administrator or the nalder of the type cortticata finds trough service oxperience that changes in type design will contibute tothe saloty of the product, te older of the type certificate may submit appropriate design changes for approval. Upon approval of tie changes, the ‘manufacturer shall make information on the design changas available to all operators of the sama type of product (Be. 508529FR AEE. ok 2, 196.25 ented by Ad 2148 SOFMESE a2 166] FAA Compliance ASE 090215, a7§ 21.115 Applicable requirements. (a) Each applicant for a supplemental type catticate must show thatthe altered product meets applcablo Fequitemonts specified in §21.101 and, n the case of an acoustical change described in §21,93(b), show compliance vith the applicable noise requirements of part 36 of this chapter and, in te case of an emissions change described in §21.8(¢), show compliance with the applicable fuel venting and eshaust emissions requirements of part 34 of this chapter. (b) Each applicant fora supplemental tye cartiicate must mee! §$21 33 and 21 53 with respect fa each change in the type design. SESSA RIS SMV RG A eb ater ama oe § 21.33 Inspection and tests. (a) Each applicant must alow the Administrator to make any inspection and any tight and ground test necessary to determine compliance wih the applicable requirements of te Federal Aviation Regulations. However, unless: otherwise authorized by tie Administrator— (1) No aircrat,airatt engine, propeller, or part thereof may be prasentad to the Administrator for test unless ‘Compliance with paragraphs (b),2) through (b)(4) ofthis section has been shown for that aircraft, aireralt engine, propeller, or patt thereof; and (2) No change may be made to an alrcrat,altoratt engine, propeller, or part tereo! between the tme that compliance Wi paragrapns (b)(2) tirough (b)(4) ofthis section fe shown for that alrerat,airrak engine, propeller, or part thereot {and the tme tat itis presented to the Adminis tator for test (0) Each applicant must make all inspections and tests necessary to dotermine— (1) Compliance with te applicable airworthiness, altcrat nose, Wel venting, and exhaust emission requirements; (2) That matetials and products confom to te specifications in the type desian: (2) That parts of te products conform to te drawings inthe type design; and (4) That the manufacturing processes, constuction and assembly confoim to those specified in the type design. § 21.3. Statement of conformity. (a) Each applicant must submit a statement of conformity (FAA Form 317) to the Administrator for each aircraft engine and propeller presented to the Administrator for type certification, This statement of conformity must include a statement that Bie aircraft engine er propeller conforms to te lype design therefor (b) Each applicant must submita statement of conformity to fhe Administrator for each aircratt or part theroof [presented to the Administrator for tests, This slalement of conformity must indude a statement thatthe applicant has Complied with §21.23(a) {unloss obrerwise authorized under tat paragraph). a 2197, S2FR 8 on 8, 1857) ‘Under the provisions of 14 CFR 21.16, a special condition is issued ony i the existing applicable FAA8110.4C Appendix 12, pg. A12-2, par 4, In 1-3. FAA Compliance ASE 090215, a7§ 21.101 Designation of applicable regulations. (a) An applicant for a change to 2 lype ceriticate must show that the changed product complies with the airworthiness requirements applicable to the category of the product in effect gn the date of fie apolication for the ‘change and with parts 34 and 36 of this chapter. Excepbons are detailed in paragraphs (D) and (c) ofthis Secton, (b) Except as provided in paragraph (9) of this section, it paraaraphe (bit), (2), or (3) ofthis secon apply, an ‘apolicant may show that the changed product comedies with an earlier amendment of a regulation required by paragraph (a) ofthis secton, and of any other roguiaion the Admiristator finds is directly related. However, the farlier amended regulaton may not precede ether the corresponding regulation incorporated by reference inthe type Cerat, any regulation n $528.2 25.2272, or 28.2 of is subchapter fats ested he change. The (1) A change that ne Administrator finds notto be sloniNeant In determining whetier a specific change fs signincan, the Administrator considers the change in context wi all previous relevant design changes and all related revisions to the applicable regulations incorporated in the type cerificate for te product Changes that meat one of the fallowing criteria are automatically considered significant (i) The general configuration or the principles of construction are not retained (i) The assumptions used for certiteaton of the product to be changed do not remain valid (6) I the Administrator inde thatthe regulations in effect on the date of the application for the change do not provide adequate standards with raspoct to the proposed clange because of a novel or unusual design featur the applicant ‘must also comply with special cenditons, and amendments fo those special conditions, prescribad under the prowsions of §21.16, fo provide a level of safety equal to that established by the regulations in effect on the date of the application for the change. (g) Nowetnstanding paragraph (b) ofthis secton, for transport category airplanes, te applicant must show ‘compliance with each applicable provision of pari 26 of this chapter, unless tha applicant has elected or Was required ta comply with a corresponding amendment to part 25 ofthis chapicr that vas issued on or ator the data of the applicable part 26 provision, §39.15 Does an airworthiness directive apply if the product has been changed? ‘Yes, an alworthiness drective applies to each product idantad in the airworthiness drective, even it an individual producthas boen changed by modifying, altering, or repainng it h tho area addressed by the airworthiness directive, “Tha FAA expects that the design approval holder will usa existing processes for addressing unsafe conditions. Under these existing processes, the development of sarvice information should ‘be coordinated with the cognizant FAA office fo ensure that the maintenance ation proposed is an accopiable means of correcting the unsafe conditon.” FAA Policy Statement Maintenance and Inspections, SFAR 88, ANM 100 pa. 9, Oct 6, 2004. FAA Compliance ASE 090215, 57