[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Rules and Regulations]
[Page 533-536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja06-21]
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Part VI
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 21, 121, and 135
Maintenance Recording Requirements; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 121, and 135
[Docket No.: FAA-2005-23495; Amendment No. 21-87, 121-321, 135-104]
RIN 2120-AI67
Maintenance Recording Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends FAA regulations dealing with recording
of maintenance data for large, transport category, propeller-driven
aircraft. It changes the requirement for recording engine and propeller
``total time in service'' for certain aircraft operated under part 121.
These relieving changes are necessary to correct an oversight in the
rule when it was originally drafted in 1996. The amendment removes the
requirement to record total time in service for engines and propellers
installed on certain aircraft certificated for cargo operations. We are
also amending sections of parts 21 and 135 to correct several outdated
references to sections previously deleted in parts 121 and 135.
DATES: This amendment becomes effective February 3, 2006.
FOR FURTHER INFORMATION CONTACT: Emilio Estrada, Aircraft Maintenance
Division, Air Carrier Maintenance Branch, AFS-330, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-5571; facsimile (202) 267-5115, e-mail
emilio.estrada@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (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.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted 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 (Volume 65, Number 70; Pages 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 its 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/
.
Authority for this Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44713. Under that section,
the FAA is charged with prescribing regulations related to aircraft
inspections and maintenance.
Background
In 1996, the FAA issued significant amendments to part 121,
including new requirements for maintenance records. The 1996 amendments
contained new rules for tracking ``total time in service'' for aircraft
engines and propellers. An exception to this requirement allows
operators of certain large aircraft having a passenger seating capacity
of more than 30 seats to use the ``time since last overhaul after
January 19, 1996,'' or to record the total time after March 20, 1997.
The FAA phrased this exception in this way so the new requirements
would not apply to certain large, propeller-driven aircraft used in
commuter operations, generally in the State of Alaska. The FAA intended
this exception to also include large propeller-driven aircraft used for
cargo operations (not just passenger operations). By using the phrase
``* * * transport category airplane with a passenger seat configuration
of more than 30 seats * * *'' the regulation could be interpreted to
exclude transport category ``cargo'' airplanes.
This final rule amends that exception to include the word ``cargo
airplanes'' in maintenance recordkeeping requirements, so that the
exception will include large, propeller-driven airplanes certificated
as a cargo aircraft instead of a passenger aircraft.
In this final rule, we are also correcting several erroneous
citations in 14 CFR parts 21 and 135:
Section 21.197(c) cites Sec. Sec. 121.79 and 135.17 when
referring to amendments of operations specifications by the
Administrator. In 1995, the FAA eliminated those sections (60 FR 65939,
Dec. 20, 1995) and recodified them in Sec. 119.51. The FAA
inadvertently left the reference unchanged. In this action, we are
replacing the references to Sec. Sec. 121.79 and 135.17 with Sec.
119.51.
Similarly, we are amending Sec. 135.419 by replacing the
reference to Sec. 135.17 with Sec. 119.51.
We are inserting a reference to Sec. 91.1017 into Sec.
21.197(c). Section 91.1017 contains requirements for management
specifications; this information had been omitted in a previous
amendment to part 21 (60 FR 65913, Dec. 12, 1995).
Paperwork Reduction Act
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. 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.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is the FAA's policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the ICAO Standards and Recommended Practices and found no
corresponding regulations.
[[Page 535]]
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and the benefits of a regulatory change.
We are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this rulemaking indicates that its
economic impact is minimal because very few operators will be affected
by the change. Because the costs and benefits of this action do not
make it a ``significant regulatory action'' as defined in the Order, we
have not prepared a ``regulatory impact analysis.'' Similarly, we have
not prepared a full ``regulatory evaluation,'' which is the written
cost/benefit analysis ordinarily required for all rulemaking under the
DOT Regulatory and Policies and Procedures. We do not need to do a full
evaluation where the economic impact of a rule is minimal.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency
shall 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 requires agencies to consider international standards and, where
appropriate, to be the basis of U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Public Law 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). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this final
rule.
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If the expected cost impact is so minimal that a proposal
does not warrant a full evaluation, this Order permits a statement to
that effect. The basis for the minimal impact must be included in the
preamble, if a full regulatory evaluation of the cost and benefits is
not prepared. Such a determination has been made for this rule. The
reasoning for that determination follows:
Since this final rule merely revises and clarifies certain FAA
regulations, the expected outcome will have a minimal impact with some
possible net benefits, and a regulatory evaluation was not prepared.
The FAA has determined this rulemaking action is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866, and is not ``significant'' as defined in DOT's Regulatory
Policies and Procedures. In addition, the FAA has determined that this
rulemaking action: (1) Will not have a significant economic impact on a
substantial number of small entities; (2) will not affect international
trade; and (3) will not impose an unfunded mandate on State, local, or
tribal governments, or on the private sector.
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 information requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies
consider flexible regulatory proposals, to explain the rationale for
their actions, and to solicit comments. 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 RFA. 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 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.
This rule merely revises and clarifies certain FAA regulations; the
expected outcome will have only a minimal impact on any small entity
affected by this rulemaking action. Consequently, the FAA Administrator
certifies that the rulemaking action will not have a significant
economic impact on a substantial number of small entities.
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 rulemaking and has determined that it will
have only a domestic impact and therefore no effect 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 of the Act, therefore, 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
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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 paragraph
307(k) and involves no extraordinary circumstances. This rulemaking
changes maintenance record requirements for certain transport category
aircraft.
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.
List of Subjects
14 CFR Part 21
Certification procedures for products and parts, Airworthiness
certificates, Special flight permits.
14 CFR Part 121
Operating requirements: Domestic, flag, and supplemental
operations; Maintenance, preventive maintenance, and alterations;
Maintenance recording requirements.
14 CFR Part 135
Operating requirements: Commuter and on demand operations and rules
governing persons on board such aircraft; Maintenance, Preventive
maintenance, and alterations.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
0
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Amend Sec. 21.197 to revise paragraph (c) introductory text to read
as follows:
Sec. 21.197 Special flight permits.
* * * * *
(c) Upon application, as prescribed in Sec. 119.51 or Sec.
91.1017 of this chapter, a special flight permit with a continuing
authorization may be issued for aircraft that may not meet applicable
airworthiness requirements but are capable of safe flight for the
purpose of flying aircraft to a base where maintenance or alterations
are to be performed. The permit issued under this paragraph is an
authorization, including conditions and limitations for flight, which
is set forth in the certificate holder's operations specifications. The
permit issued under this paragraph may be issued to--
* * * * *
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), 1153, 40101, 40102, 40103, 40113,
41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904,
44906, 44912, 44914, 44936, 44938, 46103, 46105.
0
2. Amend Sec. 121.380 to revise paragraph (b) to read as follows:
Sec. 121.380 Maintenance recording requirements.
* * * * *
(b) A certificate holder need not record the total time in service
of an engine or propeller on a transport category cargo airplane, a
transport category airplane that has a passenger seat configuration of
more than 30 seats, or a nontransport category airplane type
certificated before January 1, 1958, until the following, whichever
occurs first:
(1) March 20, 1997; or
(2) The date of the first overhaul of the engine or propeller, as
applicable, after January 19, 1996.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
1. 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.
0
2. Revise paragraph (a) in Sec. 135.419 to read as follows:
Sec. 135.419 Approved aircraft inspection program.
(a) Whenever the Administrator finds that the aircraft inspections
required or allowed under part 91 of this chapter are not adequate to
meet this part, or upon application by a certificate holder, the
Administrator may amend the certificate holder's operations
specifications under Sec. 119.51, to require or allow an approved
aircraft inspection program for any make and model aircraft of which
the certificate holder has the exclusive use of at least one aircraft
(as defined in Sec. 135.25(b)).
* * * * *
Issued in Washington, DC, on December 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 06-51 Filed 1-3-06; 8:45 am]
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