[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Rules and Regulations]
[Pages 958-961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-128]
[[Page 957]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 121, 135, and 145
Special Federal Aviation Regulation No. 36, Development of Major Repair
Data; Final Rule
Federal Register / Vol. 64, No. 3 / Wednesday, January 6, 1999 /
Rules and Regulations
[[Page 958]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 135, and 145
[Docket No. FAA-1998-4654; Amendment No. SFAR 36-7; Notice No. 98-15]
RIN 2120-AG64
Special Federal Aviation Regulation No. 36, Development of Major
Repair Data
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends and extends Special Federal Aviation
Regulation (SFAR) No. 36, which provides that holders of authorized
repair station or aircraft operating certificates may approve aircraft
products or articles for return to service after accomplishing major
repairs using self-developed repair data that have not been directly
approved by the FAA. Extension of the regulation continues to provide,
for those that qualify, an alternative from the requirement to obtain
direct FAA approval of major repair data on a case-by-case basis.
EFFECTIVE DATE: January 23, 1999.
FOR FURTHER INFORMATION CONTACT: Carol Martineau, Policy and Procedures
Branch, Aircraft Engineering Division, AIR-110, Federal Aviation
Administration, 800 Independence Ave., SW., Washington, DC 20591,
telephone: (202) 267-9568.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
An electronic copy of this document may be downloaded, using a
modem and suitable communications software, from the FAA regulations
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703-321-3339), the Government Printing Office's electronic bulletin
board service (telephone: 202-512-1661), or the FAA's Aviation
Rulemaking Advisory Committee Bulletin Board service (telephone: 800-
322-2722 or 202-267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Government Printing Office's webpage at
http://www.access.gpo.gov/nara for access to recently published
rulemaking documents.
Any person may obtain a copy of this final rule by submitting 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. Communications must identify the amendment
number or docket number of this final rule.
Persons interested in being placed on the mailing list for future
Notices of Proposed Rulemaking and Final Rules should request from the
above office a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, that describes the application
procedure.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If you are a small entity and have a question, contact your local
FAA official. If you do not know how to contact your local FAA
official, you may contact Charlene Brown, Program Analyst Staff, Office
of Rulemaking, ARM-27, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, 1-888-551-1594.
Internet users can find additional information on SBREFA in the ``Quick
Jump'' section of the FAA's web page at http://www.faa.gov and may send
electronic inquiries to the following Internet address: 9-AWA-
[email protected]
Background
Notice No. 98-15, Special Federal Aviation Regulation No. 36.
Development of Major Repair Data, was published in the Federal Register
on November 2, 1998. The comment period closed December 2, 1998. No
comments were received. The FAA proposed to extend the termination date
of and amend Special Federal Aviation Regulation (SFAR) No. 36, which
allows authorized certificate holders (domestic repair stations, and
carriers, air taxi operators of large aircraft, and commercial
operators of large aircraft) to approve aircraft products and articles
for return to service after accomplishing major repairs using data
developed by the holder that have not been directly approved by the
FAA. Currently, more than 25 air carrier and domestic repair station
certificate holders have SFAR 36 authorizations that will expire on
January 23, 1999.
History
Prior to the adoption of SFAR 36, certificate holders that were
qualified to make repairs were required to obtain FAA approval on a
case-by-case basis for data they had developed to perform major
repairs. The only alternative to the time-consuming, case-by-case
approval method was to petition for and obtain an exemption granting
relief from the regulation. The number of exemptions being granted
indicated that revisions to the regulations were necessary; SFAR 36 was
adopted on January 23, 1978, as an interim rulemaking action. Adoption
of the SFAR eliminate the requirement for authorized certificate
holders to petition for exemption from the regulation, and allowed the
FAA additional time to obtain the information necessary to develop a
permanent rule change. Most of the affected certificate holders,
however, did not use the provisions of SFAR 36 until it was well into
its second year an nearing its expiration date of January 23, 1980.
Since the FAA did not yet have sufficient data upon which to base a
permanent rule change, the termination date for SFAR 36 was extended to
January 23, 1982. To date, SFAR 36 has been extended four times.
On October 22, 1998, the Aviation Rulemaking Advisory Committee
(ARAC) submitted a proposal for permanent regulatory action to the FAA.
The proposal detailed a means of establishing an Organization
Designation Authorization program which would expand and further
standardize the approval functions of the FAA designee system and
proposed that certain functions and procedures, including those covered
by SFAR 36, be terminated and that current authorization holders be
allowed to apply for an Organization Designation Authorization. SFAR 36
is being extended an additional 5 years to allow time for the ARAC
proposal to be fully developed and implemented.
Synopsis of the Rule
Section 1
Aircraft ``product,'' ``article,'' and ``component'' are defined
for the purpose of the SFAR. The definitions clarify the scope of an
authorization holder's return to service authority.
Section 2
Paragraph (a) of section 2 describes the general provisions of the
current SFAR applicable to the individual types of eligible certificate
holders. This final rule amends paragraph (a) to reflect changes in the
regulations as a result of the Commuter Rule, which became effective on
December 20, 1995. Paragraph (b) of section 2 is deleted and reserved
to remove references to part 127. Part 127 was removed from the
[[Page 959]]
regulations when the Commuter Rule became effective. Paragraph (c) of
section 2 states that an SFAR 36 authorization does not expand the
scope of authority of a repair station certificate holder, for example,
the authorization does not give a repair station return to service
authority for any article for which it is not rated, nor can the
authorization change the articles a repair station is rated to repair.
Section 3
Section 3 states that an authorized certificate holder may approve
an aircraft product or article for return to service after
accomplishing a major repair, using data not approved by the
Administrator, only in accordance with the amended SFAR. Section 3
requires that the data used to perform the major repair be developed
and ``approved'' in accordance with the holder's authorization and
procedures manual. Section 3 also permits an authorization holder to
use its developed repair data on a subsequent repair of the same type
of product or article. For each subsequent repair, the holder must
determine that accomplishment of the repair, using previously developed
data, will return the product or article to its original or properly
altered condition and will confirm to all applicable airworthiness
requirements. In addition, each subsequent use of the data must be
recorded in the authorization holder's SFAR records.
Section 4
Section 4 describes the procedures for applying for an SFAR 36
authorization.
Section 5
Section 5 identifies the requirements a certificate holder must
meet to be eligible for an SFAR 36 authorization. This final rule
amends Paragraph (a)(1) to delete the reference to part 127 and section
135.2, which were removed from the regulations when the Commuter Rule
became effective on December 20, 1995. Paragraphs (a)(2), (a)(3), and
(b) define the personnel required. Paragraph (c) contains the reporting
requirement of the current SFAR that pertains to changes that could
affect the holder's continuing ability to meet the SFAR requirements.
Section 6
Section 6 describes the requirement for an approved procedures
manual and what information the procedures manual must contain.
Paragraph (c) of section 6 requires that an authorization holder that
experiences a change in procedures or staff obtain and record FAA
approval of the change in order to continue to approve products or
articles for return to service under the SFAR.
Section 7
Section 7 sets forth the duration of the authorization. All
authorizations issued under this SFAR will terminate upon expiration of
the SFAR unless earlier surrendered, suspended, revoked, or otherwise
terminated. The final rule extends the duration until January 23, 2004.
Section 8
Section 8 prohibits the transfer of an SFAR 36 authorization.
Section 9
Section 9 retains the current inspection provisions. It also
emphasizes that the FAA must be able to determine whether an applicant
has, or a holder maintains, personnel adequate to comply with the
provisions of the SFAR and any additional limitations contained in the
authorization.
Section 10
Section 10 states that an SFAR 36 authorization does not expand the
scope of products or articles that an aircraft operator or repair
station is authorized to approve for return to service.
Section 11
Section 11 contains the provision that each SFAR 36 authorization
holder must comply with an additional limitations prescribed by the
Administrator and made a part of the authorization.
Sections 12 and 13
Sections 12 and 13 address data review and service experience
requirements and record keeping requirements. Section 12 states the
circumstances under which an authorization holder will be required to
submit the information necessary for corrective action on a repair.
Section 13 describes what information an authorization holder's records
must contain.
As noted above, the expiration date for SFAR 36 is January 23,
2004. The 5-year extension would allow time for the FAA to act upon the
proposal submitted by the ARAC for establishment of an Organization
Designation Authorization.
The extension of SFAR 36 would allow uninterrupted major repair
activity by the current authorization holders that qualify under the
amended SFAR; those authorizations would be extended without the
holders reapplying for authorization. The extension would also allow a
new, qualified applicant to obtain an authorization.
Paperwork Reduction Act
Information collection requirements in SFAR 36-7 have been approved
by the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act of 1995 and have been assigned the OMB
Control Number 2120-0507. The primary purpose of this final rule is to
extend SFAR 36. No additional paperwork burden would be created as a
result.
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 no comparable rule under ICAO standards.
Regulatory Evaluation
Proposed 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 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effects of regulatory changes on international trade. And 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, the FAA has determined that the
extension of Special Federal Aviation Regulation No. 36 (SFAR 36): (1)
would generate benefits that justify its costs; (2) is not a
significant regulatory action under section 3(f) of the Executive Order
and is not subject to review by the Office of Management and Budget;
(3) is not significant as defined in DOT's regulatory policies and
procedures (44 FR 11034; February 26, 1979); (4) would not have a
significant impact on a substantial number of small entities; (5) would
not affect international trade; and (6) does not contain a significant
intergovernmental or private sector mandate. These analyses, available
in the docket, are summarized below.
[[Page 960]]
Regulatory Evaluation Summary
This final rule extends the provisions of the existing SFAR 36 for
a five-year period. Therefore, there are no costs associated with this
final rule to either the industry or to the FAA.
The benefit of the final rule is that it allows the firms currently
operating under the provisions of SFAR 36 to continue to do so, thereby
avoiding the costs that would be incurred if SFAR 36 were to expire
before an extension of the existing SDFAR 36 was implemented.
Because the final rule has positive, although not quantifiable,
benefits and no costs the FAA has determined that the benefits exceed
the costs of the final rule.
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 Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The Act 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 determination is 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 Act 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.
There are no costs associated with the final rule. Consequently,
the FAA certifies that the final rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
Consistent with the Administration's belief in the general
superiority, desirability, and efficacy of free trade, it is the policy
of the Administrator to remove or diminish, to the extent feasible,
barriers to international trade, including both barriers affecting the
export of American goods and services to foreign countries and those
affecting the import of foreign goods and services into the United
States.
In accordance with that policy, the FAA is committed to develop as
much as possible its aviation standards and practices in harmony with
its trading partners.
This final rule affects only domestic firms. Therefore, there will
be no impact on international trade.
Federalism Implications
The regulations herein would not have substantial direct effects on
the states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule would not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 ( the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year.
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officers (or their designees) of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that will impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section
204(a), provides that before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other things, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals.
The FAA determines that this rule does not contain a significant
intergovernmental or private sector mandate as defined by the Act.
List of Subjects
14 CFR Part 121
Air carriers, Airworthiness directives and standards, Aviation
safety, Safety.
14 CFR Part 135
Air carriers, Air taxis, Air transportation, Aircraft, Airmen,
Airplanes, Airworthiness, Aviation safety, Helicopters, Safety.
14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends Title 14 of the Code of Federal Regulations parts
121, 135, and 145 as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
2. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
PART 145--REPAIR STATIONS
3. The authority citation for part 145 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.
4. Special Federal Aviation Regulation No. 36 in part 121 and
referenced in parts 135 and 145 is amended by revising paragraphs 2(a),
3(a)(1), 5(a)(1), and 7 introductory text; by reserving paragraph 2(b)
and by revising the termination date to read as follows:
SFAR No. 36
* * * * *
2. General. (a) Contrary provisions of Sec. 121.379(b) and
Sec. 135.437(b) of this chapter notwithstanding, the holder of
[[Page 961]]
an air carrier certificate or operating certificate, that operates
large aircraft, and that has been issued operations specifications for
operations required to be conducted in accordance with 14 CFR part 121
or 135, may perform a major repair on a product as described in
Sec. 121.379(b) or Sec. 135.437(a), using technical data that have not
been approved by the Administrator, and approve that product for return
to service, if authorized in accordance with this Special Federal
Aviation Regulation.
(b) Reserved.
* * * * *
3. Major Repair Data and Return to Service. (a) * * *
(1) Has been issued an authorization under, and a procedures manual
that complies with, Special Federal Aviation Regulation No. 36-7,
effective on January 23, 1999;
* * * * *
5. Eligibility. (a) * * *
(1) Hold an air carrier certificate or operating certificate,
operate large aircraft, and have been issued operations specifications
for operations required to be conducted in accordance with 14 CFR part
121 or 135, or hold a domestic repair station certificate under 14 CFR
part 145;
* * * * *
7. Duration of Authorization. Each authorization issued under this
Special Federal Aviation Regulation is effective from the date of
issuance until January 23, 2004, unless it is earlier surrendered,
suspended, revoked, or otherwise terminated. Upon termination of such
authorization, the terminated authorization holder must:
* * * * *
This Special Federal Aviation Regulation terminates January 23,
2004.
Jane F. Garvey,
Administrator.
[FR Doc. 99-128 Filed 1-5-99; 8:45 am]
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