[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Rules and Regulations]
[Page 55819-55820]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 135, and 145
[Docket No.:FAA-1999-5836]
RIN 2120-AC38
Repair Stations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; delay of effective date.
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SUMMARY: The FAA is delaying the effective date of a final rule that
amends the regulations for aeronautical repair stations. This action is
necessary to give repair station certificate holders more time to
develop required manuals using recently issued FAA guidance material
before submitting the manuals to FAA for acceptance. Also this action
will allow repair station certificate holders to follow FAA guidance
material for requesting FAA approval of contract maintenance functions.
DATES: The effective date of the final rule amending 14 CFR parts 91,
121, 135, and 145 published on August 6, 2001, at 66 FR 41088 is
delayed until January 31, 2004, with the following exception: Sec.
145.163 remains effective April 6, 2005.
FOR FURTHER INFORMATION CONTACT: Diana Frohn, Flight Standards Service,
Aircraft Maintenance Division, General Aviation and Repair Station
Branch, AFS-340, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-7027; e-mail diana.frohn@faa.gov.
SUPPLEMENTARY INFORMATION:
The Final Rule
On July 30, 2001, the FAA issued Repair Stations; Final Rule with
Request for Comments and Direct Final Rule with Request for Comments
(66 FR 41088; August 6, 2001). That final rule updates and revises part
145 of Title 14, Code of Federal Regulations, which prescribes the
regulations for aeronautical repair stations. In that rulemaking
action, we established a new requirement that each repair station must
maintain and use a current repair station manual and a quality control
manual. We also prescribed the contents of these manuals.
Initially, the final rule was to become effective April 6, 2003.
However, on October 21, 2002, the FAA received a petition from the
Aircraft Electronics Association, the Aerospace Industries Association,
the Aviation Suppliers
[[Page 55820]]
Association, and the National Air Transportation Association. Those
petitioners requested that the FAA extend the effective date of the
final rule arguing that we had not yet published advisory material and
guidance explaining how to produce an acceptable manual. Further, the
petitioners asserted that without advisory material, we could not
adequately train FAA personnel. We agreed with the petitioners and
extended the effective date of the final rule to October 3, 2003 (68 FR
125429, March 14, 2003; 68 FR 17545, April 10, 2003).
On July 3, 2003, the FAA issued Advisory Circular No. 145-9 (AC
145-9), Guide for Developing and Evaluating Repair Station and Quality
Control Manuals. That document provides information and guidance
material for developing and evaluating repair station manuals and
quality control manuals. The material describes an acceptable means,
but not the only means, to develop a manual and comply with the rules
contained in part 145. Interested parties may access AC 145-9 at the
following Internet Web site: http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgWebcomponents.nsf/HomeFrame?OpenFrameSet
.
On July 22, 2003, the Aircraft Electronics Association, the
Aviation Repair Station Association, and the National Air
Transportation Association submitted another petition requesting that
the FAA further extend the effective date of the final rule. The
petitioners note that the FAA issued material to guide repair stations
in developing the manuals required in part 145 only 90 days before the
effective date of the rule. The petitioners contend that 90 days is not
enough time to develop manuals using the guidance materials. Therefore,
the petitioners request that we extend the effective date of the final
rule an additional 120 days.
We agree with the petitioners that additional time is necessary to
allow repair station certificate holders to prepare repair station
manuals and quality control manuals following the guidance provided in
AC 145-9. Therefore, we find that a 120-day extension is in the public
interest.
The petitioners also note that Sec. 145.221 references sections in
14 CFR parts 121, 125, and 135 related to service difficulty reporting,
which have not become effective. The FAA is addressing this issue in a
separate rulemaking action.
Finally, the delay in the effective date of the final rule does not
impose any new requirements or any additional burden on the regulated
public. However, the 120-day extension will delay realization of some
cost savings provided by the rule. We, therefore, find there are no
additional costs, aside from the delay in realizing some cost savings,
or benefits associated with this action.
Good Cause for Immediate Adoption
In accordance with 5 U.S.C. 553(b)(3)(B), I find good cause for
issuing this rule without prior notice and comment. Seeking public
comment is impracticable, unnecessary, and contrary to the public
interest. This delay of effective date will give repair stations
sufficient time to use FAA guidance material in preparing to operate
under the amended regulations for repair stations. Given the imminence
of the effective date, seeking prior public comments on this temporary
delay would be impracticable, as well as contrary to the public
interest in the orderly promulgation and implementation of this rule.
In consideration of the foregoing, parts 91, 121, 135, and 145 are
amended to delay the effective date of the final rule by 120 days.
Issued in Washington, DC, on September 23, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-24546 Filed 9-24-03; 2:55 pm]
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