FR Doc 05-24536

[Federal Register: December 29, 2005 (Volume 70, Number 249)]
[Rules and Regulations]
[Page 76974-76979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de05-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, 135, and 145

[Docket No. FAA-2000-7952; Amendment Nos. 121-319, 125-49, 135-102, and
145-26]
RIN 2120-AI08

Service Difficulty Reports

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule and withdrawal of delayed final rule.

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SUMMARY: The Federal Aviation Administration (FAA) is withdrawing a
delayed final rule published on September 15, 2000. That final rule
would have amended the reporting requirements for certificate holders
concerning failures, malfunctions, and defects of aircraft, aircraft
engines, systems, and components. We are withdrawing this rule to allow
the FAA time to re-examine the service difficulty report (SDR) program
and consider the comments received since the delayed final rule was
published.
In this action we are also adopting several amendments that improve
the functioning of the SDR program.

DATES: This amendment becomes effective January 30, 2006.

FOR FURTHER INFORMATION CONTACT: Emilio Estrada, Flight Standards
Service, Aircraft Maintenance Division (AFS-300), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone (202) 267-5571, e-mail emilio.estrada@faa.gov.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

You can get an electronic copy of rulemaking documents using the
Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web site (http://dms.dot.gov/search); (2) Visiting the FAA's Regulations and Policies Web page at http://

http://www.faa.gov/regulations_policies/; or

(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.

[[Page 76975]]

Privacy Act

Using the search function of the Web site, anyone can find and read
the comments received into any of our dockets, including the name of
the individual submitting the comment (or signing the comment on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact the local FAA official, or the
person listed under FOR FURTHER INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.

Statutory Authority

Title 49, section 44701 of the United States Code, authorizes the
FAA Administrator to prescribe regulations for practices the
Administrator finds necessary for safety in air commerce [49 U.S.C.
44701(a)(5)]. Under that statutory authority, the Administrator
prescribed regulations for certificate holders on the reporting of
failures, malfunctions, and defects of aircraft, aircraft engines,
systems, and components (commonly called Service Difficulty Reports).
These regulations are found at 14 CFR 121.703, 121.704, 121.705,
125.409, 125.410, 135.415, 135.416, and 145.221. This rulemaking action
amends these regulations.

Background

On September 15, 2000, the FAA published a final rule entitled,
``Service Difficulty Reports,'' Amendment Numbers 121-279, 125-35, 135-
77, and 145-22 (65 FR 56191). That final rule, applicable to air
carriers and repair station operators, would have amended the
requirements for reporting failures, malfunctions, and defects of
aircraft, aircraft engines, systems, and components. In the final rule,
the FAA also sought comments on the impact of paperwork and other
information collection burdens imposed on the public. The final rule
effective date was scheduled for January 16, 2001.
The FAA received written comments raising concerns with many of the
provisions of the new SDR requirements. In response, the FAA held a
public meeting about the final rule on December 11, 2000. Participants
at that public meeting raised significant issues concerning the
implementation of the final rule.
As a result of the concerns raised during the comment period and at
the public meeting, the FAA delayed the effective date of the final
rule to January 31, 2006. The purpose of this delay was to provide us
more time to consider industry's concerns.
Since the delayed final rule publication, the FAA amended the SDR
requirements for repair stations (66 FR 41117, August 6, 2001). This
amendment addressed one of the public meeting commenters' concerns
about duplicate reporting by a part 145 certificate holder. Under Sec.
145.221(d), a repair station no longer has an independent SDR reporting
provision when performing work for a part 121, 125, or 135 certificate
holder.

Discussion of Comments Received

We received five comments on the proposal to withdraw the delayed
final rule and make amendments to the existing SDR rule (70 FR 54454,
September 14, 2005).
Comment: Four of the comments support the FAA's proposal to
withdraw the delayed final rule. The other commenter suggests an
amendment to part 145 be included in this rulemaking.
FAA Response: The comments to the delayed final rule, the comments
at the public meeting, and the comments to the proposal to withdraw the
delayed final rule request that the agency make revisions to the
delayed final rule before we proceed with implementation. The FAA
agrees and is withdrawing the delayed final rule.
Comment: The Regional Airline Association (RAA), representing the
views of a segment of the affected aviation industry, supports adopting
the proposed changes to the existing SDR rules that:
Extend the reporting time to submit SDRs from 72 hours to
96 hours.
Require certificate holders to submit SDRs directly to the
FAA's Oklahoma City, Oklahoma Office.
Allow electronic submission of SDR reports.
FAA Response: The FAA is adopting these amendments as proposed. The
increase in reporting time will result in fewer supplemental reports,
the centralized reporting will result in greater internal efficiencies,
and the electronic submitting option will benefit the majority of the
current submitters.
Comment: The Aeronautical Repair Station Association (ARSA), which
represents repair stations certificated under 14 CFR part 145, supports
the proposed changes to the existing SDR system and requests an
additional correcting change.
Section 145.221(d) allows a repair station to submit a SDR on
behalf of a part 121, 125, or 135 certificate holder, provided the
report meets the requirements of the applicable operational rule.
Paragraph (d) states in a parenthetical that such a report may be
``operational or structural.'' This ``operational or structural''
reference reflects the language in the SDR rule the FAA is withdrawing,
which the FAA had issued as a final rule for part 121, 125, and 135
certificate holders before Sec. 145.221 became effective in January
2004. For example, the delayed SDR final rule would have changed the
titles of Sec. Sec. 121.703 and 121.704 to read ``Service difficulty
reports (operational)'' and ``Service difficulty reports
(structural),'' respectively. This distinction was the subject of much
controversy. Many commenters, including ARSA, voiced their concerns
with the operational and structural categories. The operational and
structural distinction is not present in the existing SDR regulatory
language. Leaving such language in Sec. 145.221(d) serves no purpose,
and can only create confusion for repair stations who prepare SDRs on
behalf of part 121, 125, or 135 certificate holders. Therefore, ARSA
requests that the FAA remove the parenthetical language, ``(operational
or structural),'' in Sec. 145.221(d) to conform the language in part
145 with the language in parts 121, 125, and 135.
FAA Response: The FAA is adopting the change to Sec. 145.221(d) as
suggested by ARSA. The change corrects the language of Sec. 145.221 to
bring it into conformity with the existing SDR requirements of 14 CFR
parts 121, 125, and 135. The correcting change, which is a logical
outgrowth of the proposal, would not impose any additional burdens on
the regulated public.
Comment: An individual commenter asks that the proposed changes to
the existing SDR rule be included in 14 CFR 145.221, Reports of
failures, malfunctions, or defects.
FAA Response: Only one of the proposed changes, the requirement for
the certificate holder to submit SDRs directly to the FAA's Oklahoma
Office, is not already incorporated into Sec. 145.221. The FAA has
decided not to add the centralized reporting requirement to Sec.
145.221 in this

[[Page 76976]]

rulemaking action. A repair station, operating under part 145, will
continue to submit their SDRs to their assigned Principal Inspector
using the existing procedures. The FAA would want to receive comments
on a change in the reporting procedure for part 145 certificate holders
before implementing such a change. The FAA does not want to delay the
remainder of this rulemaking while we solicit and review comments on
this one change. As part of the FAA's review of the SDR program
discussed later in this document we will consider a change to the part
145 reporting procedure as the commenter suggested. Future SDR
rulemaking may propose such a requirement.
Comment: One individual commenter does not agree with the proposed
changes to the existing reporting rule that specifically requires all
SDRs be reported to Oklahoma City. The same reasons that are driving
the withdrawal of the delayed final rule (software capability, the need
for greater FAA efficiency in processing SDRs, etc.) have not been
resolved. The commenter claims requiring a person to submit SDRs
directly to Oklahoma City will be fraught with error and difficulty.
From the commenter's experience, an SDR submitted electronically
creates more work for the individual or air carrier. When submitted
electronically, the submitter must continually check the SDR database
to insure that the SDR has not been sent back for correction, to make
sure that it has been processed. The commenter recently stopped using
the electronic submission method because he had a severe back log of
unprocessed submitted SDRs. The return to paper submissions has reduced
the number of man-hours per week from eight to around one.
The commenter suggests that the FAA fix their internal SDR
processing problems before any new SDR requirement of any kind is
introduced and made mandatory. Secondly, if the assigned Principal
Inspector still has the requirement to review the submissions, then
those submissions should go to the inspector first. It would be up to
the FAA how to enforce and insure that the principal sends these on to
Oklahoma City in a timely manner, not industry.
FAA response: The FAA disagrees with the commenter's conclusion
about the problems with electronic reporting. Many air carriers, repair
stations, and individuals are submitting SDRs electronically without
problem. The FAA did experience technical difficulties with electronic
reporting prior to 2004. In April 2004, we developed improved SDR web
site instructions with the help of a FAA PMI for a major U.S. air
carrier. These instructions resulted in new web procedures, which
enabled the FAA certificate management office (CMO) to electronically
conduct the same SDR reviews and approvals that they performed with the
hardcopy SDRs, but in a shorter period of time. As result, the
instructions helped to improve the air carrier's, the CMO's, and FAA's
Oklahoma City Office efficiency of operation. These new instructions
are in wider use today and are available on the Flight Standards
Internet Service Difficulty Reporting (iSDR) web site, which is located
at http://av-info.faa.gov/isdr/. We have found that once the operator

and FAA personnel become familiar with these new procedures we have
received only enthusiastic and favorable feedback. These instructions
are also available upon request to the Aviation Data Systems Branch
(AFS-620) 6500 South MacArthur Blvd., Oklahoma City, Oklahoma 73169
(hand delivered), or P.O. Box 25082, Oklahoma City, Oklahoma 73125
(U.S. Mail), Telephone: (405) 954-4391. A copy has also been placed in
the Rules Docket.
The FAA concedes that the SDR system still needs improvements, but
with the new instructions the system has been enhanced to the point
where electronic submission of SDRs to Oklahoma City benefit the
majority of submitters. The electronic submission method continues to
be optional.
Comment: An individual commenter said the FAA is taking positive
steps in the direction developed by the Commercial Airplane
Certification Process (CPS) group. The commenter requests the
recommendations of the CPS committee group be used as a framework to
develop new reporting requirements. The commenter emphasized the
members of the CPS represented a good cross section of the industry and
FAA.
FAA response: The FAA agrees, and as described below, is studying
the recommendations of the CPS for future rulemaking action.

The Final Rule Withdrawal

The FAA's intent in the delayed final rule was to improve the SDR
program without having an adverse impact on industry recordkeeping
practices. The SDR requirements were adopted to correct known
deficiencies in the SDR program and to improve the quality of the data
in the SDR database. Based on the comments received and information
gathered at the public meeting, we now realize the delayed final rule
does not meet this intent. The industry concerns highlight the need to
resolve problems with the SDR program before increasing the amount and
type of data recorded.
The topic that received the most comments following publication of
the delayed final rule was the FAA's economic analysis. The commenters
were uniform in their contention that the additional reporting
requirements would greatly increase the costs of compliance under the
SDR program. The FAA received cost estimates from industry that
considerably exceeded our own estimates based, in part, on the wide
disparity between the industry's and the FAA's evaluation of the number
of SDRs resulting from the rulemaking.
While not completely agreeing with the industry's estimate of the
increase in the number of reports or the significant increase in costs,
we have determined that varying interpretations of the number of
additional reports required by the rule could have led industry to
overestimate the costs of compliance with the delayed final rule. We
have reevaluated the delayed final rule in light of the data provided
in the comments and have determined that the costs of this rulemaking
may be higher than projected. We further acknowledge that populating
data collection systems with inappropriate data could have a negative
impact on our ability to identify and collect meaningful safety data on
the operation of aircraft.
Since the public meeting, we have considered how to address
industry concerns about the delayed final rule and, at the same time,
maintain its original intent to correct deficiencies in the program and
improve the quality of data collected. The FAA is also obligated to
review and consider the findings about the SDR program noted in the CPS
study. The CPS identified certain underlying deficiencies in the SDR
program that should be corrected so data collected may provide the
maximum safety benefit. A copy of the CPS report has been placed in the
docket for this rulemaking.
Based on the comments received and the CPS findings, the FAA has
determined there is a need to enhance the SDR program so it meets the
needs of the FAA and industry more efficiently and effectively. Rather
than continuing to delay the effective date of the final rule while we
address this issue, we determined it is prudent to withdraw the delayed
final rule. This approach will eliminate uncertainty about the final
rule's status and allow us time to thoroughly evaluate and improve the
SDR program. The effect of this withdrawal is the retention of the
regulations currently in effect.

[[Page 76977]]

The Future of the SDR System

The FAA is still pursuing changes to the SDR system that will
address the CPS findings and the feedback we received from this
withdrawn final rule. We plan to evaluate the present SDR system and
issues related to its associated Management Information System (MIS)
database. We will also reexamine the economic impact of any new changes
to the SDR system. All amendments to the SDR regulations will be
preceded by an NPRM.

Amending the Existing Rule

The FAA is making several changes to the existing SDR program
regulations. Most of these changes were already incorporated in the
final rule we are now withdrawing. We are proceeding with these changes
because they will improve the SDR program.

Sections 121.703, 125.409, 135.415, and 145.221

The FAA is renaming Sec. Sec. 121.703, 125.409, 135.415, and
145.221 as ``Service Difficulty Reports.'' The existing titles reflect
the varying names these reports have been called over the years by
different parties, which resulted in some confusion. This amendment
uses the most common industry term for SDRs and will result in the use
of only one consistent term when referring to these reports.

Sections 121.703(d), 125.409(b), and 135.415(d)

The FAA adopts three changes to improve the process of submitting
SDRs to the FAA under these sections:
(1) Replacing the terms ``send,'' ``mailed,'' or ``delivered'' with
the term ``submit.'' This change allows for the use of other means,
such as electronic transmission, to submit SDRs to the FAA.
(2) Increasing the time for submitting an SDR from 72 hours to 96
hours after an event occurs that requires an SDR. The increased
reporting time gives certificate holders additional time to prepare the
SDR and should reduce the number of supplemental SDRs that need to be
filed. A reduction of supplemental SDRs should reduce the
administrative burden on both the FAA and industry.
(3) Changing the location to which the certificate holder must send
SDRs. The existing rule required SDRs to be sent directly to the
Certificate Holding District Office (CHDO). There, the SDRs are
reviewed by the assigned Principal Maintenance Inspector (PMI) and then
forwarded to the FAA offices in Oklahoma City, Oklahoma, where all SDRs
are entered into the SDR database. The revised rule requires the
certificate holder to send SDRs directly to our Oklahoma City office.
The PMI would be instructed by internal agency procedures to review the
individual SDR for their assigned certificate holder through an
internal FAA computer system that would access the SDR database. This
revised procedure removes the intermediate step of processing SDRs
through the PMI, but does not relieve the PMI of the responsibility for
reviewing them. The change would also facilitate electronic reporting
by eliminating the necessity of delivering a copy to the PMI. The
certificate holder would retain the option of submitting paper SDRs
should it so choose, although the FAA strongly encourages electronic
reporting. In this final rule, we made editorial changes to Sec. Sec.
125.409(b) and 135.415(d) to make them consistent with Sec.
121.703(d). The centralized collection point is the FAA office in
Oklahoma City, Oklahoma.
Finally, for only Sec. 135.415, the FAA is removing the provision
for aircraft operated where mail is not collected. This was an outdated
provision that was rarely used by the industry. Mail service is
available now in most locations and various alternatives to the U.S.
Mail exist.

Section 121.703(e)

The amended rule requires certificate holders to submit SDRs in a
form or format acceptable to the Administrator. Many operators have
voluntarily adopted reporting formats compatible with the FAA's
electronic systems to simplify their reporting under the existing rule.
Electronic submission of SDRs through the FAA Web site is an acceptable
format. This provision is intended to assure that, regardless of the
method and format chosen for use, the information we receive is
readable. However, when using electronic technology, the electronic
language used must be one the FAA is capable of reading.

Section 145.221(d)

The amended rule would delete the parenthetical (operational or
structural) to bring the SDR requirements in part 145 into conformity
with the language of the existing SDR rules.

Paperwork Reduction Act

Information collection requirements associated with this final rule
have been approved previously by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0008
(part 121), 2120-0085 (part 125), 2120-0039 (part 135), and 2120-0003
(part 145). In the NPRM, we incorrectly referenced a single OMB Control
Number 2120-0663 for all four parts cited above.
This final rule contains several changes to the existing SDR rule.
We changed the mailing address for SDR reports; we replaced the words
``send,'' ``mailed,'' and ``delivered'' with ``submit''; and we
lengthened the submittal period for the SDR to reduce the number of
supplementary reports from certificate holders.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment

Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act also requires agencies to consider international standards and,
where appropriate, use them as the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation.)
In conducting these analyses, FAA has determined this rule: (1) Has
benefits that justify its costs, is not a ``significant regulatory
action'' as defined in section 3(f) of Executive Order 12866 and is not
``significant'' as defined in Department of Transportation Regulatory
Policies and Procedures; (2) will not have a significant economic
impact on a substantial number of small entities; (3) would have only a
domestic impact and therefore no affect on any trade-sensitive
activity; and (4) does not impose an unfunded mandate on state, local,
or tribal governments, or on the

[[Page 76978]]

private sector. These analyses, available in the rulemaking docket, are
summarized below.

Costs

This final rule imposes minimal new costs on industry, and results
in cost-savings ranging from $16.13 million ($11.33 million,
discounted) to $38.96 million ($27.36 million, discounted). This
results in a net cost savings to industry ranging from $15.98 million
($11.23 million, discounted) to $38.97 million ($27.37 million,
discounted). The impacts to the FAA are additional costs of $145,200
($102,000, discounted) and savings of $9,300 ($6,500, discounted). The
FAA has determined this rule to be cost beneficial.

Benefits

A significant effort is underway to improve the quality of aviation
safety data identification and collection. This rulemaking is a
component of this effort and proposes changes to improve the existing
SDR program. These changes include:
Extending the reporting time to submit SDRs from 72 hours
to 96 hours.
Requiring part 121, 125, and 135 certificate holders to
submit SDRs directly to a centralized collection point, thus allowing
the reports to be entered into the SDR database quicker and reducing
the administrative workload of the certificate-holding district office
(CHDO).
Allowing electronic submission of SDR reports.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 RFA provides that
the head of the agency may so certify and a regulatory flexibility
analysis is not required. The certification must include a statement
providing the factual basis for this determination, and the reasoning
should be clear.
For this rule, the small entity group is considered to be 14 CFR
part 121, 125, and 135 certificate holders (North American Industry
Classification System [NAICS] 481111). For this analysis, the FAA
considers each part 125 and 135 certificate holder to be a small
entity, and some of the part 121 and 121/135 certificate holders are
also small entities.
These regulations result in cost savings for all 121, 125, and 135
certificate holders of between $16.13 million ($11.33 million,
discounted) to $38.96 million ($27.36 million, discounted) over the
next ten years or, on average, between $1.61 million to $3.90 million
per year. Assuming that the cost savings is spread among the types of
121, 125, and 135 certificate holders in proportion to the number of
SDRs each type generated from January 1, 2002, through August 31, 2004,
the average part 121 certificate holder will save between $13,010 and
$31,424 a year, the average part 121/135 certificate holder will save
between $3,511 and $8,479 a year, the average part 125 certificate
holder will save between $16 and $39 a year, and the average part 135
certificate holder will save between $68 and $165 a year. Thus, the
economic impact is minimal. Therefore, I certify that this action would
not have a significant economic impact on a substantial number of small
entities.

International Trade Impact Assessment

The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and has determined that it will
have only a domestic impact and therefore no affect on any trade-
sensitive activity.

Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.

Executive Order 13132, Federalism

The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.

Environmental Analysis

FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in Appendix 4, paragraph 4(j) of the FAA Order,
and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

[[Page 76979]]

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 135

Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 145

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
withdraws the final rule published at 65 FR 56192 on September 15, 2000
and delayed at 66 FR 21626, April 30, 2001; 66 FR 58912, November 23,
2001; 67 FR 78970, December 27, 2002; and 68 FR 75116, December 30,
2003. The FAA also amends Chapter I of Title 14, Code of Federal
Regulations as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.

Sec. 121.703 Service difficulty reports.

0
2. Amend Sec. 121.703 to revise the heading as set forth above and to
revise paragraphs (d) and (e) introductory text to read as follows:
* * * * *
(d) Each certificate holder shall submit each report required by
this section, covering each 24-hour period beginning at 0900 local time
of each day and ending at 0900 local time on the next day, to the FAA
offices in Oklahoma City, Oklahoma. Each report of occurrences during a
24-hour period shall be submitted to the collection point within the
next 96 hours. However, a report due on Saturday or Sunday may be
submitted on the following Monday, and a report due on a holiday may be
submitted on the next work day.
(e) The certificate holder shall submit the reports required by
this section on a form or in another format acceptable to the
Administrator. The reports shall include the following information:
* * * * *
0
3. Amend Sec. 121.705 to revise the introductory text to read as
follows:

Sec. 121.705 Mechanical interruption summary report.

Each certificate holder shall submit to the Administrator, before
the end of the 10th day of the following month, a summary report for
the previous month of:
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
4. The authority citation for part 125 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

Sec. 125.409 Service difficulty reports.

0
5. Amend Sec. 125.409 to revise the heading as set forth above and to
revise paragraph (b) to read as follows:
* * * * *
(b) Each certificate holder shall submit each report required by
this section, covering each 24-hour period beginning at 0900 local time
of each day and ending at 0900 local time on the next day, to the FAA
office in Oklahoma City, Oklahoma. Each report of occurrences during a
24-hour period shall be submitted to the collection point within the
next 96 hours. However, a report due on Saturday or Sunday may be
submitted on the following Monday, and a report due on a holiday may be
submitted on the next work day.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
6. The authority citation for part 135 continues to read as follows:

Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722.

Sec. 135.415 Service difficulty reports.

0
7. Amend Sec. 135.415 to revise the heading as set forth above and to
revise paragraph (d) to read as follows:
* * * * *
(d) Each certificate holder shall submit each report required by
this section, covering each 24-hour period beginning at 0900 local time
of each day and ending at 0900 local time on the next day, to the FAA
offices in Oklahoma City, Oklahoma. Each report of occurrences during a
24-hour period shall be submitted to the collection point within the
next 96 hours. However, a report due on Saturday or Sunday may be
submitted on the following Monday, and a report due on a holiday may be
submitted on the next workday.
* * * * *

PART 145--REPAIR STATIONS

0
8. The authority citation for part 145 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717.

Sec. 145.221 Service difficulty reports.

0
9. Amend Sec. 145.221 to revise the heading as set forth above and to
revise paragraph (d) introductory text to read as follows:
* * * * *
(d) A certificated repair station may submit a service difficulty
report for the following:
* * * * *

Issued in Washington, DC, on December 22, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-24536 Filed 12-28-05; 8:45 am]

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