Section 26.35

14 CFR Ch. I (1-1-19 Edition)

paragraph (b) of this section is not required because design changes and
service instructions for FRM or IMM
will be developed and made available as
required by this section.
(2) A proposed means of compliance
with paragraph (b) of this section, if
applicable.
(h) Compliance Plan for Design
Changes and Service Instructions. Within
210 days after December 26, 2008, each
holder of a type certificate required to
comply with paragraph (d) of this section must submit to the responsible
Aircraft Certification Service office a
compliance plan consisting of the following:
(1) A proposed project schedule, identifying all major milestones, for meeting the compliance dates specified in
paragraphs (d), (e) and (f) of this section.
(2) A proposed means of compliance
with paragraphs (d), (e) and (f) of this
section.
(3) A proposal for submitting a draft
of all compliance items required by
paragraphs (d), (e) and (f) of this section for review by the responsible Aircraft Certification Service office not
less than 60 days before the compliance
times specified in those paragraphs.
(4) A proposal for how the approved
service information and any necessary
modification parts will be made available to affected persons.
(i) Each affected type certificate
holder must implement the compliance
plans, or later revisions, as approved
under paragraph (g) and (h) of this section.

spaschal on DSK3GDR082PROD with CFR

[Doc. No. FAA-2005-22997, 73 FR 42499, July
21, 2008, as amended by Amdt. 26-3, 74 FR
31619, July 2, 2009; Doc. No. FAA-2018-0119,
Amdt. 26-7, 83 FR 9169, Mar. 5, 2018]

Section 26.35 Changes to type certificates affecting fuel tank flammability.
(a) Applicability. This section applies
to holders and applicants for approvals
of the following design changes to any
airplane subject to 14 CFR 26.33(a):
(1) Any fuel tank designed to be Normally Emptied if the fuel tank installation was approved pursuant to a supplemental type certificate or a field approval before December 26, 2008;
(2) Any fuel tank designed to be Normally Emptied if an application for a

supplemental type certificate or an
amendment to a type certificate was
made before December 26, 2008 and if
the approval was not issued before December 26, 2008; and
(3) If an application for a supplemental type certificate or an amendment to a type certificate is made on
or after December 26, 2008, any of the
following design changes:
(i) Installation of a fuel tank designed to be Normally Emptied,
(ii) Changes to existing fuel tank capacity, or
(iii) Changes that may increase the
flammability exposure of an existing
fuel tank for which FRM or IMM is required by Section 26.33(c).
(b) Flammability Exposure Analysis - (1)
General. By the times specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this section, each person subject to this section must submit for approval a flammability exposure analysis of the auxiliary fuel tanks or other affected fuel
tanks, as defined in the type design, to
the responsible Aircraft Certification
Service office. This analysis must be
conducted in accordance with Appendix
N of part 25 of this chapter.
(i) Holders of supplemental type certificates and field approvals: Within 12
months of December 26, 2008,
(ii) Applicants for supplemental type
certificates and for amendments to
type certificates: Within 12 months
after December 26, 2008, or before the
certificate is issued, whichever occurs
later.
(2) Exception. This paragraph does not
apply to - 
(i) Fuel tanks for which the type certificate holder, supplemental type certificate holder, or field approval holder
has notified the FAA under paragraph
(f) of this section that it will provide
design changes and service instructions
for an IMM meeting the requirements
of Section 25.981(c) in effect December 26, 2008;
and
(ii) Fuel tanks substantiated to be
conventional unheated aluminum wing
tanks.
(c) Impact Assessment. By the times
specified in paragraphs (c)(1) and (c)(2)
of this section, each person subject to
paragraph (a)(1) of this section holding
an approval for installation of a Normally Emptied fuel tank on an airplane

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