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GAO-09-164R 1 (2008-11-12)

handle is hein.gao/gaobadwvm0001 and id is 1 raw text is: 


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T  E  IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317397


          November 12, 2008

          The Honorable Daniel K. Inouye
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Minority Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable James L. Oberstar
          Chairman
          The Honorable John L. Mica
          Ranking Minority Member
          Committee on Transportation and Infrastructure
          House of Representatives

          Subject: Department of Transportation, Federal Aviation Administration:
                  Reduction of Fuel Tank Flammability in Transport Category Airplanes

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Transportation, Federal Aviation
          Administration (FAA), entitled Reduction of Fuel Tank Flammability in Transport
          Category Airplanes (RIN: 2120-AI23). We received the rule on October 27, 2008. It
          was published in the Federal Register as a final rule on July 21, 2008. 73 Fed. Reg.
          42,444.

          The final rule amends FAA regulations to require operators and manufacturers of
          transport category airplanes to take steps that, in combination with other required
          actions, should reduce the chances of a catastrophic fuel tank explosion. The final
          rule does not direct the adoption of specific inerting technology either by
          manufacturers or operators, but establishes a performance-based set of
          requirements that set acceptable flammability exposure values in tanks most prone
          to explosion or require the installation of an ignition mitigation means in an affected
          fuel tank.

          The final rule has an effective date of September 19, 2008. The Congressional
          Review Act requires major rules to have a 60-day delay in their effective date
          following publication in the Federal Register or receipt of the rule by Congress,
          whichever is later. 5 U.S.C. § 801(a) (3) (A). We did not receive the rule until


GAO-09-164R

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