[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Rules and Regulations]
[Page 35151-35152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn07-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 65
[Docket No. FAA-2007-27108; Amendment No. 65-50]
RIN 2120-AI83
Inspection Authorization 2-Year Renewal
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of effective date.
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SUMMARY: On January 30, 2007, the FAA issued a direct final rule,
``Inspection Authorization 2-Year Renewal,'' which amended the renewal
period for inspection authorizations and requested comments. This
document responds to the comments received and confirms the effective
date of the rule.
DATES: The effective date for the direct final rule published on
January 30, 2007 (72 FR 4400) is confirmed as March 1, 2007.
ADDRESSES: The complete docket for the direct final rule on Inspection
Authorization, Docket No. 27108 may be examined at http://dms.dot.gov
at any time or go to the Docket Management Facility in Room W12-140 of
the West Building, Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kim Barnette (AFS-350), Aircraft
Maintenance Division, General Aviation and Avionics Branch, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591, telephone (202) 493-4922.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2007, the FAA published a direct final rule (72 FR
4933) amending the renewal period for inspection authorizations. The
rule became effective on March 1, 2007.
The direct final rule is the product of discussions between
industry representatives (including the Professional Aviation
Maintenance Association) and the FAA. The discussions led to a
consensus to change the 1-year inspection authorization renewal period
to once every two years. Under the direct final rule, the expiration
date of an inspection authorization changed from March 31 of each year
to March 31 of each odd-numbered year. The intent of the rule is to
relieve administrative costs associated with renewing inspection
authorizations for both FAA and the IA holders without affecting
safety.
The rule retains the annual activity requirement for each year of
the 2-year IA period. Consistent with the annual aspects of the former
rule, an IA holder must perform one of the five activities listed in
Sec. 65.93 (a)(1)-(5) during the first year of the 2-year IA period. A
new paragraph (c) states if the IA holder does not complete one of
those activities by March 31 of the first year, the holder may not
exercise the inspection authorization privileges after that date.
However, the holder may resume exercising IA privileges during the
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second year if the IA holder passes an oral test given by an FAA
inspector to determine if the holder's knowledge of applicable
regulations and standards is current. If the holder passes the oral
test, the FAA will consider the first year requirement completed. Each
IA holder must also perform one of the five activities listed in Sec.
65.93 (a)(1)-(5) during the second year of the inspection authorization
period to be eligible for renewal.
Discussion of Comments
The FAA received approximately 60 comments in response to the IA
renewal period direct final rule. The comments generally were
supportive of the two-year renewal period. Commenters stated they were
happy to see the FAA become actively involved in reviewing inspection
authorization procedures and agreed that the change would result in
time and money savings.
Many who commented favorably on the direct final rule also took the
opportunity to recommend other and more significant changes to the
regulations applicable to IA holders. Several commenters suggested
completely restructuring the cycle for renewing IA holders to provide
for individual expiration dates for each IA holder based on date of
birth or the date of the initial grant of IA authority. A number of
commenters said the annual activity requirement should be eliminated
and a two-year period for the activity requirement should be
established. The Aircraft Electronics Association (AEA) suggested the
FAA establish a rating system for IA holders similar to the rating
system for repair stations. Several comments addressed matters of the
FAA's oversight of IA holders.
These comments will be evaluated by the FAA as it considers
possible future actions to amend the rules relating to IAs, but they
address matters beyond the limited scope of the direct final rule. The
FAA could not adopt those proposals without further rulemaking, and the
significance of those actions would require FAA to issue a notice of
proposed rulemaking prior to amending the rule.
Three commenters misunderstood one provision in the rule. The rule
permits an IA who fails to meet the annual activity requirement during
the first year the option to take an oral test from an FAA inspector
and thereafter exercise IA privileges during the remainder of the
second year of the two-year IA period. For purposes of later renewal,
the oral test would be counted as meeting the activity for the first
year. (The individual also could choose to reapply for IA authority,
the only means available under the prior rule when the activity
requirement was not met.) The rule does not require, as these
commenters thought, that all IA holders must take an oral test during
the two-year IA renewal cycle to be able to renew their authority.
Several commenters mistakenly thought the rule requires each IA
holder to submit a list of activities each year to the FAA that
demonstrates the IA holder's compliance with the annual activity
requirement. This is not the case. Rather, the rule requires an
applicant for renewal every two years to present evidence of compliance
with the annual activity requirement for each of the preceding two
years.
A number of commenters expressed concern that some IA holders
inadvertently may continue to exercise IA privileges into the second
year of the two-year renewal period even though they failed to meet the
annual activity requirement before March 31 of the first year. The FAA
is aware of this possibility because similar events occurred under the
prior rule. Each year under the old rule, a few IA holders failed to
renew during March and then mistakenly continued to perform IA
responsibilities. The instances were rare, and the FAA addressed them
without significant difficulties as part of its routine oversight of IA
holders.
There is a multi-decade history of the annual activity requirement
for IA holders and nothing in the rule change disturbed that
requirement. Indeed, not only was it retained, but the request for
comments on this rule served as a way of reminding IA holders of the
longstanding annual activity requirement. The FAA does not expect IA
holders to perform differently or to lose sight of this core element of
the rule simply because of the two-year renewal cycle. As in the past,
the FAA will monitor compliance with the regulations and take
enforcement action where appropriate. The FAA also will use the
refresher course training curriculum as a way of ensuring that IA
holders attending training are reminded of the rule requirement, and
FAA inspectors will regularly address the matter in the context of
their routine checks of IAs.
Finally, because 2008 will be the first year under the new two-year
renewal cycle, FAA will remind each IA of the annual activity
requirements for March 2008 through the FAA Information for Operations
procedure.
Conclusion
After consideration of the comments submitted in response to the
final rule, the FAA has determined that no further rulemaking action is
necessary. Amendment 65-50 remains in effect as adopted.
Issued in Washington, DC on June 20, 2007.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. E7-12453 Filed 6-26-07; 8:45 am]
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