[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Rules and Regulations]
[Page 53678-53680]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 43
[Docket No. FAA-2007-28631; Amendment No. 43-41]
RIN 2120-AJ11
Recording of Major Repairs and Major Alterations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends instructions to aviation maintenance
providers regarding submittal of FAA Form 337, Major Repair and
Alteration, for either major repair or major alteration; or for
extended-range fuel tanks installed within the passenger compartment or
a baggage compartment. This change clarifies the mailing instructions
when submitting Form 337 to the FAA. The intent of this action is to
amend the regulation to ensure mailing requirements are clear and
accurate.
DATES: This amendment becomes effective September 20, 2007.
FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance
Division, Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone: (202-
493-4922); facsimile: (202-267-5115); e-mail: kim.a.barnette@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on 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.
The FAA is issuing this rulemaking under the authority set forth in
49 U.S.C. 44701(a)(5). This regulation is within the scope of that
authority because the Administrator is charged with promoting safe
flight of civil aircraft by, among other things, prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary for safety in air commerce
and national security.
Background
On September 9, 1987, the FAA published a final rule entitled
``Aircraft Identification and Retention of Fuel System Modification
Records,'' (52 FR 34096). Among other changes, this rule amended part
43, Appendix B, by revising the introductory text of paragraph (a) and
adding a new paragraph (d). This rule provided instructions so major
alterations for fuel tanks and system modifications would be segregated
from other major repairs and alterations.
The new paragraph (d) provided instructions for disposition of the
Form 337, Major Repair and Alteration, whenever extended-range fuel
tanks are installed within the passenger compartment or a baggage
compartment. As part of those instructions, paragraph (c)(2) of
Appendix B is referenced for distribution of Form 337.
The FAA has found that since adding paragraph (d), there has been a
decline in Form 337s received for extended-range fuel tanks. Review of
part 43, Appendix B revealed a wrong address. As currently written,
paragraph (c)(2) directs individuals to send a copy of Form 337 to an
incorrect address. Any FAA Form 337 that describes a modification to an
aircraft fuel system or that shows additional tanks installed, should
be mailed to the FAA, Aircraft Registration Branch, AFS-751, P.O. Box
25724, Oklahoma City, OK. All other FAA Form 337s should be mailed to
the FAA, Aircraft Registration Branch, AFS-750, P.O. Box 25504,
Oklahoma City, OK.
The change in this final rule will clarify and correct the mailing
instructions and does not affect any other requirements in part 43.
Reason for Final Rule
This final rule amends the mailing instructions for FAA Form 337 in
part 43, Appendix B, paragraphs (c) and (d). The change will allow
submission of FAA Form 337 to the correct address. The intent of this
action is to amend the regulation to ensure that instructions for
submitting this form are clear and accurate.
Justification for Immediate Adoption
Because the circumstances described herein warrant immediate
action, the Administrator finds that notice and public comment under 5
U.S.C. 553(b) is impracticable and contrary to the public interest.
Further, the Administrator finds that good cause exists under 5 U.S.C.
553(d) for making this rule effective in less than 30 days after
publication in the Federal Register. The amendment ensures FAA's
commitment to the Anti Drug Abuse Act of 1988, Subtitle E, FAA Drug
Enforcement Assistance Act of 1988.
[[Page 53679]]
Paperwork Reduction Act
Information collection requirements associated with this final rule
have been previously approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. section 3507(d)), and have been assigned OMB Control Number
2120-0020.
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 OMB control number.
International Compatibility
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because there is not a comparable rule under ICAO standards.
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 that 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 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they 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 with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
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 proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it 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 final rule. The reasoning
for this determination follows:
Since this final rule merely clarifies FAA procedures, the expected
outcome will be a minimal impact with positive net benefits, and a
regulatory evaluation was not prepared. FAA has, therefore, determined
that this final rule 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.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' 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 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 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 final rule merely revises an incorrect mailing address; the
expected outcome will have only a minimal impact on any small entity
affected by this rulemaking action. Therefore, as the FAA
Administrator, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) 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
respond to a domestic safety objective and not considered an
unnecessary obstacle to trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 with the base year 1995) 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 $128.1 million in lieu of $100 million.
This final rule does not contain such a mandate.
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 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
[[Page 53680]]
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 your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends part 43 of Title 14, Code of Federal Regulations as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATIONS
0
1. The authority citation for part 43 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707,
44711, 44713, 44717, 44725.
0
2. Appendix B is amended by revising paragraphs (c) and (d) to read as
follows:
Appendix B to Part 43--Recording of Major Repairs and Major Alterations
* * * * *
(c) Except as provided in paragraph (d) of this appendix, for a
major repair or major alteration made by a person authorized in
Sec. 43.17, the person who performs the major repair or major
alteration and the person authorized by Sec. 43.17 to approve that
work shall execute an FAA Form 337 at least in duplicate. A
completed copy of that form shall be--
(1) Given to the aircraft owner; and
(2) Forwarded to the Federal Aviation Administration, Aircraft
Registration Branch, AFS-750, Post Office Box 25504, Oklahoma City,
OK 73125, within 48 hours after the work is inspected.
(d) For extended-range fuel tanks installed within the passenger
compartment or a baggage compartment, the person who performs the
work and the person authorized to approve the work by Sec. 43.7
shall execute an FAA Form 337 in at least triplicate. A completed
copy of that form shall be--
(1) Placed on board the aircraft as specified in Sec. 91.417 of
this chapter;
(2) Given to the aircraft owner; and
(3) Forwarded to the Federal Aviation Administration, Aircraft
Registration Branch, AFS-751, Post Office Box 25724, Oklahoma City,
OK 73125, within 48 hours after the work is inspected.
* * * * *
Issued in Washington, DC on August 27, 2007.
James J. Ballough,
Director, Flight Standards Service. 10
[FR Doc. E7-18584 Filed 9-19-07; 8:45 am]
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