[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Proposed Rules]
[Pages 33142-33173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15383]
[[Page 33141]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 11, 91, 121, 135, and 145
Part 145 Review: Repair Stations; Proposed Rule
Federal Register / Vol. 64, No. 118 / Monday, June 21, 1999 /
Proposed Rules
[[Page 33142]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 91, 121, 135, and 145
[Docket No. FAA-1999-5836; Notice No.99-09]
RIN 2120-AC38
Part 145 Review: Repair Stations
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) proposes to update
and revise the regulations for repair stations. This action is
necessary because many portions of the current repair station
regulations do not reflect changes in repair station business practices
and aircraft maintenance practices, or advances in aircraft technology.
The proposed revisions would reorganize the repair station rules to
reduce duplication of regulatory language and eliminate obsolete
information. The proposal also would establish new requirements that
relate to repair station ratings and classes, manual requirements,
recordkeeping, and personnel. In addition, the NPRM contains a proposal
to ensure that the special issues associated with repair stations
outside the United States are adequately addressed, and it invites
public comments on this proposal and other measures to ensure proper
safety oversight of these repair stations.
DATES: Comments must be received on or before October 19, 1999.
ADDRESSES: Comments on this document should be mailed or delivered, in
duplicate, to: U.S. Department of Transportation Dockets, Docket No.
[FAA-1999-5836], 400 Seventh Street SW., Room Plaza 401, Washington, DC
20590. Comments also may be sent electronically to the following
Internet address: [email protected] Comments may be filed and
examined in Room Plaza 401 between 10 a.m. and 5 p.m. weekdays, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard E. Nowak, Aircraft Maintenance
Division, Airworthiness Systems and Air Agency Branch (AFS-330),
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone (202) 267-7228.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed action by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this document also are invited. Substantive comments
should be accompanied by cost estimates. Comments must identify the
regulatory docket or notice number and be submitted in duplicate to the
DOT Rules Docket address specified above.
All comments received, as well as a report summarizing each
substantive public contact with FAA personnel concerning this proposed
rulemaking, will be filed in the docket. The docket is available for
public inspection before and after the comment closing date.
All comments received on or before the closing date will be
considered by the Administrator before taking action on this proposed
rulemaking. Comments filed late will be considered as far as possible
without incurring expense or delay. The proposals in this document may
be changed in light of the comments received.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this document must include a pre-addressed,
stamped postcard with those comments on which the following statement
is made: ``Comments to Docket No. FAA-1999-5836.'' The postcard will be
date stamped and mailed to the commenter.
Availability of NPRMs
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the FedWorld electronic bulletin board service (telephone: (703)
321-3339), the Government Printing Office (GPO)'s electronic bulletin
board service (telephone: (202) 512-1661), or, if applicable, 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 GPO's web page at http://
www.access.gpo.gov/nara access to recently published rulemaking
documents.
Any person may obtain a copy of this document 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 notice number or
docket number of this NPRM.
Persons interested in being placed on the mailing list for future
rulemaking documents should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Background
Statement of the Problem
Aircraft, powerplants, maintenance, alteration concepts, and
technology have progressed substantially in the past three decades.
However, the current repair station regulations are based primarily on
concepts that were developed during the infancy of the aviation
industry. Very few substantive changes have been made to those repair
station rules since they were recodified in the Federal Aviation
Regulations (27 FR 6662, July 13, 1962).
Portions of Title 14 Code of Federal Regulations (14 CFR) part 145
are no longer appropriate or have become increasingly difficult to
administer. Other portions of the rule no longer make a significant
contribution to aviation safety or do not warrant the associated
administrative costs. The FAA and the aviation industry have had to
change the character and method of operations to keep pace with state-
of-the-art aviation maintenance practices. Also, the FAA has granted
exemptions and created other special administrative procedures to
handle situations not provided for adequately in the regulations. To
ensure that the regulations are appropriate for today's repair station
industry, the FAA has determined that part 145 should be completely
revised.
History
In 1975, the FAA and industry participants in the FAA's First
Biennial Operations Review recommended that specific and substantial
requirements of part 145 be revised. Although minor amendments to part
145 were subsequently adopted, no major revision was made. However, a
significant amendment to part 145 was adopted on November 22, 1988
(Amendment No. 145-21, 53 FR 47376), which expanded the scope of work
that foreign repair stations (i.e., those U.S.-certificated repair
stations located outside the United States) are authorized to perform,
and permitted certain repair stations to contract maintenance functions
to noncertificated repair organizations/facilities under specific
conditions.
[[Page 33143]]
As part of a regulatory review of 14 CFR part 43; 14 CFR part 65,
subpart E; and part 145, the FAA held several public meetings. These
meetings provided a forum for the public to offer comments concerning
the possible revision of the rules governing repair stations. More than
500 representatives of repair stations, airlines, unions,
manufacturers, foreign governments, industry organizations, and
individuals attended the meetings.
The goal of the meetings was to gather enough factual information
from the public to determine whether the repair station regulations
should be revised, and if so, to determine what revisions should be
made.
In preparation for the meetings, the FAA identified several areas
of the repair station rules as areas that might need revision. These
areas were: organization and format; ratings and classes; operations
and inspection procedures; manufacturers' maintenance facilities;
contracting of maintenance by repair stations; repair station
privileges; facility, housing, and equipment requirements;
recordkeeping and report requirements; and management, inspection
personnel, and repairmen qualifications. Participants discussed the
issues at the FAA public meetings and submitted written comments to
Docket No. 25965, which was established for this regulatory review.
Responses from participants at the meetings and the comments received
in the docket indicate a need to revise and update the repair station
regulations.
During the review of the repair station rules, the FAA examined
various documents and related rulemaking actions. These documents
included FAA Order 8300.10, Airworthiness Inspector's Handbook;
advisory circulars that relate to repair stations, such as AC No. 145-
3, Guide for Developing and Evaluating Repair Station Inspection
Procedures Manuals; AC No. 145-4, Inspection, Retread, Repair and
Alterations of Aircraft Tires; AC No. 145-5, Repair Station Internal
Evaluation Programs; and 145-6, Repair Stations for Composite and
Bonded Aircraft Structure; and previous petitions for exemption from
part 145. The FAA also reviewed Joint Aviation Requirement (JAR) 145:
Approved Maintenance Organizations, established by the Joint Aviation
Authorities (JAA), an organization of European Civil Aviation
Authorities. This NPRM includes efforts toward harmonizing the U.S.
repair station regulations with those of the JAA.
General Discussion of the Proposals
Based on the public meetings, comments to Docket No. 25965, and the
FAA's review of related documents, the FAA is proposing to revise part
145 completely. The FAA has decided not to include part 43 or part 65,
subpart E, in this notice, even though these parts were included in the
original regulatory review. Notice No. 94-27, Revision of Certification
Requirements: Mechanics and Repairmen (63 FR 37172, July 9, 1998),
proposes revisions to part 65, subpart E. Any revisions to part 43
would be addressed in a separate rulemaking action.
The FAA also considered establishing regulations, which were
discussed at the public meetings, that would permit certain repair
stations to manage the maintenance program of an operator certificated
under part 121 or part 135. However, the FAA decided not to address
such regulations in this NPRM. Any proposal to permit certain repair
stations to manage the maintenance program of a part 121 or part 135
operator would be addressed in a separate rulemaking action.
The FAA's discussion of the proposed revisions to part 145 is
organized as follows: organization and format of part 145,
manufacturers' maintenance facilities, deviation authority, ratings and
classes, implementation of the proposed ratings and classes, manual
requirements, quality assurance, capability list, contract maintenance,
job functions, training, line station maintenance, and recordkeeping
and reporting. Following these discussions is a section-by-section
discussion comparing the proposed rule to the current rule.
Organization and Format
Currently, part 145 separates the requirements for domestic repair
stations, foreign repair stations, and repair facilities with a limited
rating for manufacturers. However, the FAA's analysis of current part
145 revealed that, with few exceptions, no basic distinction exists
between the regulations governing operations of domestic repair
stations and those governing operations of foreign repair stations.
Therefore, the FAA proposes to remove the distinction between domestic
and foreign repair stations, except for a few instances where
differences exist. (The limited rating for manufacturers is discussed
under ``Manufacturers Maintenance Facilities.'')
The FAA proposes to revise the organization and format of part 145
to combine current similar requirements of domestic and foreign repair
stations under the same subpart and section. Proposed part 145 would
separate requirements according to subject matter in the following way:
General; Certification; Facilities, Equipment, Materials, and Housing;
Personnel; Operating Rules; and Job Functions. The proposed
reorganization would eliminate many of the redundancies found in the
current rule.
Manufacturers' Maintenance Facilities
The limited rating for manufacturers was established in 1966 by
Amendment No. 145-4 (31 FR 5248). The amendment enabled manufacturers
to obtain a repair station certificate with a limited rating under part
145 so they could perform maintenance or preventive maintenance on
articles manufactured by them without meeting certain repair station
requirements that other nonmanufacturer organizations were required to
meet. The amendment also broadened the manufacturers' rebuilding and
alteration authority to include appliances and parts manufactured under
an FAA Parts Manufacturer Approval. Facilities that obtain such a
rating are referred to as manufacturers' maintenance facilities (MMFs).
Currently, the FAA issues repair station certificates with limited
ratings for manufacturers to the holder or licensee of a Type
Certificate, the holder of a Production Certificate, the holder of a
Technical Standard Order authorization, or any person who meets the
requirements of current 14 CFR 21.303 and who has the prescribed
fabrication inspection system.
The FAA proposes to eliminate the limited ratings for manufacturers
and require that these facilities obtain the appropriate repair station
certificate. Although MMFs' systems for inspection, recordkeeping, and
quality control vary considerably from those used by repair stations,
MMF repair operations do not differ substantially from the operations
of other certificated repair stations. Because maintenance practices
and aircraft technologies have evolved since the establishment of
limited ratings for manufacturers, the FAA has determined that all
repair facilities' systems for inspection, recordkeeping, and quality
control should be consistent, and that the issuance of limited ratings
for manufacturers is no longer appropriate. In granting certification
for a manufacturer's repair station, however, the FAA proposes that
full consideration be given to the quality control system established
by the manufacturer that the manufacturer uses to comply with the
pertinent provisions
[[Page 33144]]
of 14 CFR part 21. The manufacturer's repair station must operate,
however, in compliance with the maintenance rules set forth in parts 43
and 145.
Deviation Authority
The FAA proposes to include deviation authority to provide
flexibility to operations subject to part 145 that may be safely or
satisfactorily conducted as an alternative means of compliance with
portions of part 145. The FAA envisions that limited deviation would be
sought from only a few specific sections, and that Letters of Deviation
Authority would likely be limited in scope.
Requests for deviation authority would be made in a form and manner
acceptable to the Administrator, and the FAA would review the
circumstances of each operator requesting a deviation, during the
determination process. If a deviation were warranted, the FAA would
require that operations be conducted subject to certain conditions and
limitations. These would be placed in the Operations Specifications of
an operator certificated under part 145. Consistency in granting
deviation authority would be achieved by the provision that only the
Associate Administrator for Regulation and Certification (AVR-1) could
issue letters of deviation authority. The FAA is requesting public
comments on the practicality of deviation authority in the proposed
rule, as well as situations under which deviation authority may be
appropriate.
In addition, the public also is invited to comment on alternative
means of compliance for any section of the proposal. Where appropriate,
alternative means of compliance will be incorporated in the final rule,
if adopted.
Ratings and Classes
The FAA proposes to revise the ratings and classes that can be
issued to certificated repair stations. Although the proposed ratings
and classes are based on those discussed at the public meetings
mentioned earlier, the FAA also considered basing the ratings and
classes strictly on certification standards (i.e., 14 CFR parts 21, 23,
25, 27, 29, 33, and 35). The FAA requests that commenters specifically
address whether the proposed system of ratings and classes should be
prescribed in a separate new regulation. A comparison of the proposed
ratings to the current ratings follows.
------------------------------------------------------------------------
Current rating Proposed fating
------------------------------------------------------------------------
Airframe Rating Aircraft Rating
------------------------------------------------------------------------
Class 1: Composite construction of Class 6: Aircraft composed
small aircraft. primarily of composite material,
of 12,500 pounds maximum
certificated takeoff weight or
less.
Class 2: Composite construction of Class 7: Aircraft composed
large aircraft. primarily of composite material,
over 12,500 pounds maximum
certificated takeoff weight.
Class 3: All-metal construction of Class 1: Aircraft (other than
small aircraft. rotorcraft and aircraft composed
primarily of composite material)
of 12,500 pounds maximum
certificated takeoff weight or
less.
Class 4: Rotorcraft (other than
rotorcraft composed primarily of
composite material) of 6,000
pounds maximum certificated
takeoff weight or less.
Class 5: Rotorcraft (other than
rotorcraft composed primarily of
composite material) over 6,000
pounds maximum certificated
takeoff weight.
Class 4: All-metal construction of Class 2: Aircraft (other than
large aircraft. rotorcraft and aircraft composed
primarily of composite material)
over 12,500 pounds maximum
certificated takeoff weight and up
to, and including, 75,000 pounds
maximum certificated takeoff
weight.
Class 3: Aircraft, by make and
model, (other than rotorcraft and
aircraft composed primarily of
composite material) over 75,000
pounds maximum certificated
takeoff weight.
------------------------------------------------------------------------
Powerplant Rating Powerplant Rating
------------------------------------------------------------------------
Class 1: Reciprocating engines of Class 1: Reciprocating engines.
400 horsepower or less.
Class 2: Reciprocating engines of Class 1: Reciprocating engines.
more than 400 horsepower.
Class 3: Turbine engines........... Class 2: Turbopropeller and
turboshaft engines.
Class 3: Turbojet and turbofan
engines.
------------------------------------------------------------------------
Propeller Rating Propeller Rating
------------------------------------------------------------------------
Class 1: All fixed-pitch and ground- Class 1: Fixed-pitch and ground-
adjustable propellers of wood, adjustable propellers.
metal, or composite construction.
Class 2: All other propellers, by Class 2: Variable-pitch propellers.
make.
------------------------------------------------------------------------
Radio Rating Avionics Rating
------------------------------------------------------------------------
Class 1: Communication equipment... Class 1: Communication equipment.
Class 2: Navigational equipment.... Class 2: Navigational equipment.
Class 3: Radar equipment........... Class 3: Pulsed equipment.
------------------------------------------------------------------------
No Equivalent Current Rating Computer Systems Rating
------------------------------------------------------------------------
Class 1: Aircraft computer systems.
Class 2: Powerplant computer
systems.
Class 3: Avionics computer systems.
------------------------------------------------------------------------
[[Page 33145]]
Instrument Rating Instrument Rating
------------------------------------------------------------------------
Class 1: Mechanical................ Class 1: Mechanical.
Class 2: Electrical................ Class 2: Electrical.
Class 3: Gyroscopic................ Class 3: Gyroscopic.
Class 4: Electronic................ Class 4: Electronic.
------------------------------------------------------------------------
Accessory Rating Accessory Rating
------------------------------------------------------------------------
Class 1: Mechanical accessories Class 1: Mechanical accessories
that depend on friction, that depend on friction,
hydraulics, mechanical linkage, or hydraulics, mechanical linkage, or
pneumatic pressure for operation, pneumatic pressure for operation.
including aircraft wheel brakes,
mechanically driven pumps,
carburetors, aircraft wheel
assemblies, shock absorber struts,
and hydraulic servo units.
Class 2: Electrical accessories Class 2: Electrical accessories
that depend on electrical energy that depend on or produce
for their operation, and electrical energy.
generators, including starters,
voltage regulators, electric
motors, or similar electrical
accessories.
Class 3: Electronic accessories Class 3: Electronic accessories
that depend on an electron tube, that depend on transistors;
transistor, or similar device, lasers; fiber optics; solid-state,
including supercharger, integrated circuits; vacuum tubes;
temperature, air conditioning or similar devices.
controls, or similar electronic
controls.
Class 4: Auxiliary power units
(APUs) that may be installed on
aircraft as self-contained units
to supplement the aircraft's
engines as a source of hydraulic,
pneumatic, or electrical power.
------------------------------------------------------------------------
Limited Rating Limited Rating
------------------------------------------------------------------------
For airframes; engines; propellers; For aircraft, airframes,
instruments; radio equipment; powerplants, propellers, avionics,
accessories; landing gear; computer systems, instruments, and
components; floats; nondestructive accessories by make and model.
inspection, testing, and
processing; emergency equipment;
rotor blades by make and model;
aircraft fabric work; and other
purposes.
------------------------------------------------------------------------
Limited Rating for Specialized Specialized Service Rating
Service
------------------------------------------------------------------------
For example, landing gear For any specialized service the
components; nondestructive Administrator finds appropriate
inspection, testing, and for this rating.
processing; emergency equipment;
aircraft fabric work; and any
other specialized service the
Administrator finds appropriate
for this rating.
------------------------------------------------------------------------
Limited Rating for Manufacturers No Equivalent Rating in Proposed
Rule
------------------------------------------------------------------------
To holder or licensee of Type
Certificate or to holder of
Production Certificate, Parts
Manufacturer Approval, or
Technical Standard Order.
------------------------------------------------------------------------
Aircraft Class Rating
Currently, the FAA issues an airframe rating with any of four
separate class ratings to repair stations: Classes 1, 2, 3, and 4.
Under the proposal, the FAA would eliminate the airframe rating and its
associated class ratings and establish an aircraft rating with seven
associated class ratings.
Under the current system, airframe class ratings are based on
aircraft weight (large or small as defined in current 14 CFR 1.1) and
construction (composite or all-metal). Many modern aircraft have an
airframe that is constructed of metal and composite materials; the
airframe structure is metal and certain portions, such as control
surfaces and fairings, are manufactured from composite materials. The
FAA proposes to continue to separate ratings based on weight and
construction; however, to accurately reflect modern aircraft
construction, aircraft ratings would be separated by whether the
aircraft is constructed primarily of metal or composite material. Those
aircraft on which significant amounts of the structure is constructed
of composite materials, such as the fuselage, empennage, wings, or
structure that the manufacturer has designated as a primary structure
or principal structural element, would be considered primarily
constructed of composite materials. Those aircraft with a metal
structure and small composite pieces such as fairings, radomes, and so
forth would be considered not composed primarily of composite
materials. For repair stations that intend to perform work on aircraft
that have significant structural components of both metal and composite
material, certification under Class 2 and Class 7 may be necessary.
For repair stations that want to perform maintenance, preventive
maintenance, or alterations on all aircraft, including rotorcraft that
are primarily composed of composite materials, the FAA proposes to
establish the Class 6 and Class 7 aircraft ratings. The Class 6 rating
would be for small aircraft, and the Class 7 rating would be for large
aircraft.
As noted above, current airframe ratings are based on aircraft
weight. The current Class 2 and Class 4 airframe ratings apply to
``large'' aircraft (those of more than 12,500 pounds maximum
certificated takeoff weight). Because today's large aircraft vary
significantly in complexity, the FAA proposes to establish three
aircraft class ratings to separate them: Classes 2, 3, and 7.
The proposed Class 2 and Class 7 aircraft ratings would apply to
large aircraft, other than rotorcraft, based on the aircraft's
construction (Class 2: not composed primarily of composite materials;
or Class 7: composed primarily of composite materials). The proposed
Class 3 aircraft rating would apply to aircraft (other than rotorcraft
or aircraft composed primarily of composite material) over 75,000
pounds maximum certificated takeoff weight and would be granted only by
make and
[[Page 33146]]
model. The FAA chose to establish the proposed Class 3 rating because
these aircraft are usually more complex than other aircraft and are
transport category airplanes.
Currently, a repair station with an airframe rating that wants to
perform maintenance on powerplants must obtain a powerplant rating;
however, a repair station that meets the requirements of the proposed
aircraft rating would be permitted to perform maintenance, preventive
maintenance, and alterations to each aircraft's associated
powerplant(s) up to, but not including, an ``overhaul.'' Because
overhauls require additional training, data, facilities, housing, and
equipment, a repair station that wants to overhaul powerplants would
continue to be required to obtain a powerplant rating with an
appropriate class rating. Those repair stations that meet the
requirements for performing maintenance, preventive maintenance, or
alterations on airframes, but do not want to, or cannot, perform any
work on powerplants, would be certificated with a limited rating for
airframes.
Under the current rating system, separate class ratings do not
exist for rotorcraft. However, a repair station that performs
maintenance, preventive maintenance, or alterations on rotorcraft must
meet certain requirements. The requirements to perform work on
rotorcraft are unique enough to require separate class ratings for
rotorcraft. Therefore, the FAA proposes to establish the Class 4 and
Class 5 aircraft ratings for rotorcraft, excluding those composed
primarily of composite material. (Composite rotorcraft would be
included in either the proposed Class 6 or Class 7 rating.) The 6,000
pound division used in rotorcraft certification would be maintained as
the dividing line between the proposed Class 4 and Class 5 aircraft
ratings. Rotorcraft with a maximum certificated takeoff weight of 6,000
pounds or less are certificated under 14 CFR part 27, Airworthiness
standards: normal category rotorcraft. Rotorcraft with a maximum
certificated takeoff weight of greater than 6,000 pounds are
certificated under 14 CFR part 29, Airworthiness standards: transport
category rotorcraft. Transport category rotorcraft certificated under
part 29 must meet more stringent certification requirements; therefore,
repair stations that wish to perform work on these aircraft may require
different tooling, equipment, personnel, and so forth from those repair
stations performing work on normal category rotorcraft certificated
under part 27.
The FAA considered establishing separate aircraft class ratings for
free balloons, airships, and gliders. Many repair stations that perform
maintenance, preventive maintenance, or alterations on these aircraft
currently hold a limited rating. However, the FAA does not choose to
establish separate aircraft class ratings for these aircraft because
these aircraft are less common than airplanes and rotorcraft. As
proposed, repair stations that want to perform work only on these
aircraft would continue to apply for a limited rating.
Powerplant Rating
The current regulations define three classes that are associated
with a powerplant rating: Class 1 Reciprocating engines of 400
horsepower or less, Class 2 Reciprocating engines of more than 400
horsepower, and Class 3 Turbine engines. The FAA proposes to revise the
powerplant ratings by combining all reciprocating engine ratings into
the same class and dividing the turbine engine rating into two ratings.
When the current powerplant ratings were established, reciprocating
engines of more than 400 horsepower were common. Today, these
reciprocating engines usually are found on older aircraft and are less
common. Therefore, the FAA has determined that a separate class rating
for reciprocating engines of more than 400 horsepower is no longer
necessary.
Conversely, when the current powerplant ratings were established,
turbine engines were just beginning to be used on civil aircraft.
Today, turbine engines are the most commonly used engines on transport
category aircraft. In addition, more types of turbine engines exist
today with technological differences between each type. Therefore,
establishing two turbine class ratings is appropriate. Because
turbopropeller and turboshaft engines have many technological
similarities, the Class 2 powerplant rating has been proposed for these
engines. The proposed Class 3 powerplant rating would be used for
turbojet and turbofan engines because of the technological similarities
of these types of engines.
Propeller Rating
Under the current regulations, a repair station that holds a
propeller rating with a Class 1 rating is permitted to perform
maintenance, preventive maintenance, or alterations on all fixed-pitch
and ground-adjustable propellers of wood, metal, or composite
construction. A repair station that holds a propeller rating with a
Class 2 rating is permitted to perform maintenance, preventive
maintenance, or alterations on all other propellers, by make.
Because of advances in propeller construction technologies, the
current propeller class ratings would be revised. Proposed
Sec. 145.59(c) would revise the current Class 1 rating by eliminating
the references to the types of materials of which fixed-pitch and
ground-adjustable propellers are constructed. The proposed Class 2
propeller rating would no longer require propellers to be designated by
make and would permit a repair station to perform maintenance,
preventive maintenance, or alterations on any variable-pitch propellers
regardless of make.
Avionics Rating
The FAA proposes to replace the current radio rating with an
avionics rating to address more appropriately today's avionics
technology. The current radio class ratings are: Class 1 Communication
equipment, Class 2 Navigation equipment, and Class 3 Radar equipment.
The FAA proposes the following avionics class ratings: Class 1
Communication equipment, Class 2 Navigation equipment, and Class 3
Pulsed equipment.
The proposed Class 1 avionics rating would be unchanged from the
current radio class rating (communication equipment) and would apply to
radio transmitting equipment and receiving equipment used in aircraft
to send or receive communications, regardless of carrier frequency or
type of modulation used.
The proposed Class 2 avionics rating would apply to any system used
in aircraft for en route or approach procedures, except navigation
equipment operated on pulsed radio frequency principles. This proposed
class differs from the current Class 2 radio rating, which includes
equipment operated on pulsed radio principles. (Pulsed frequency
equipment would be included in the proposed Class 3 avionics rating.)
Under the proposal, a repair station with a Class 2 avionics rating
would be permitted to perform maintenance on the following equipment:
very high frequency omnirange (VOR), automatic direction finder (ADF),
localizer, glide slope, marker beacon, loran C, omega, inertial
navigation system, microwave landing system (MLS), global positioning
system (GPS), and similar devices.
The FAA proposes to replace the current Class 3 radio rating for
radar equipment with a Class 3 avionics rating for pulsed equipment.
The proposed rating would include aircraft electronic systems operated
on pulsed radio frequency principles. A repair station with a Class 3
avionics rating would be permitted to perform maintenance on
[[Page 33147]]
distance measuring equipment (DME), transponders, weather radar, radar
altimeters, ground proximity warning systems (GPWS), and similar
devices.
Computer Systems Rating
The FAA proposes to establish a new rating for computer systems to
include technology that was not used in aircraft when the current
rating system was instituted. Under the proposal, three classes for the
computer rating would be established: Class 1 Aircraft computer systems
such as flight management and flight control systems, Class 2
Powerplant computer systems such as fuel control and electronic engine
control systems, and Class 3 Avionics computer systems such as traffic
alert and collision avoidance systems (TCAS) and electronic flight
instrument systems (EFIS).
Participants at the public meetings expressed concern that
confusion could exist about whether accessories, instruments, and
avionics equipment that may include a computer system would fall under
the proposed computer rating. The FAA recognizes that maintenance,
preventive maintenance, or alterations on such articles should not be
performed under the proposed computer rating. The proposed computer
rating would apply to self-contained, separate computer systems that
can be removed as a unit from an aircraft for maintenance, preventive
maintenance, or alteration. For example, a fuel control unit can be
removed from an aircraft, but its internal computer system is a portion
of the fuel control unit. In this case, the computer system is not a
self-contained, separate system that can be removed as a unit from the
aircraft. Under the proposed ratings, a repair station still would
require an accessory rating to perform work on a fuel control unit.
Possessing an accessory rating would include the capability to maintain
the computer portion of the fuel control unit.
Instrument Rating
Currently, the class ratings associated with an instrument rating
are: Class 1 Mechanical, Class 2 Electrical, Class 3 Gyroscopic, and
Class 4 Electronic. The FAA proposes that these ratings be retained
except for a change to the description of the Class 4 instrument
rating. The description would be revised by adding references to
lasers, fiber optics, and solid-state, integrated circuits.
Accessory Rating
Currently, there are three class ratings associated with
accessories: Class 1 Mechanical accessories that depend on friction,
hydraulics, mechanical linkage, or pneumatic pressure for operation;
Class 2 Electrical accessories that depend on electrical energy for
their operation and generators; and Class 3 Electronic accessories that
depend on the use of an electron tube, transistor, or similar devices.
Under the proposal, these class ratings basically would remain
unchanged; however, the current practice of including auxiliary power
units (APUs) in the Class 1 rating would be discontinued. The proposal
would establish a new accessory rating (Class 4) for APUs.
Because APUs were not widely used when current part 145 was
established, no provisions for them were specifically included in the
regulations. Repair stations that currently work on APUs perform that
work under a Class 1 accessory rating for lack of a more appropriate
rating under part 145. Because APUs are similar in many respects to
aircraft engines, facilities wishing to approve them for return to
service should meet specific requirements before receiving
authorization to do so. Repair stations meeting these requirements
would operate under the proposed Class 4 accessory rating.
The scope of work that currently may be performed by a repair
station that holds an accessory rating with either a Class 2 or Class 3
rating would not be revised; however, the FAA proposes to revise the
descriptions for each to include more modern accessories. A Class 2
rating would consist of electrical accessories that depend on or
produce electrical energy, and a Class 3 rating would consist of
electronic accessories that depend on the use of transistors; lasers;
fiber optics; solid-state, integrated circuits; vacuum tubes; and other
similar electronic devices.
Limited and Specialized Service Ratings
Currently, the FAA issues limited ratings to repair stations to
perform maintenance, preventive maintenance, or alterations to
airframes, engines, propellers, instruments, radio equipment,
accessories, landing gear components, emergency equipment, rotor
blades, and floats. In addition, limited ratings are issued to perform
nondestructive testing, inspection and processing, aircraft fabric
work, and for other purposes. The FAA proposes to revise this list by
changing the term ``engines'' to ``powerplants'' and ``radio
equipment'' to ``avionics equipment'', respectively; adding aircraft
and computer systems; and deleting rotor blades, landing gear
components, and floats. Current limited ratings for rotor blades,
landing gear components, and floats would be included in the proposed
limited rating for an airframe, because airframe as defined in current
Sec. 1.1 includes those items.
In addition, the FAA currently issues (as a subset of limited
ratings) limited ratings for specialized services such as
nondestructive inspection, testing, and processing; servicing of
emergency equipment; aircraft fabric work; and any other purposes for
which the Administrator finds the applicant's request appropriate. The
FAA proposes to replace the current limited rating for a specialized
service with the proposed specialized service rating.
The proposed specialized service rating would apply to specific
equipment or processes. The rating would permit a repair station to
perform maintenance, preventive maintenance, or alterations on items
such as emergency equipment or audiovisual and nonessential equipment
(e.g., in-flight telephones or television and movie equipment). This
proposed rating also would permit a repair station to perform specific
types of work, such as nondestructive inspection and testing, plating
and machining, aircraft and engine welding, and oxygen equipment
servicing.
Under this proposal, a holder of a specialized service rating would
continue to be required to state in its Operations Specifications the
specification or standards used for performing the specialized service.
The specification could be a civilian or military specification that is
currently used by industry and approved by the Administrator or a
specification developed by the repair station and approved by the
Administrator.
Implementation of the Proposed Ratings and Classes
The FAA proposes to establish a new Sec. 145.61, ``Transition to
new system of ratings.'' This proposed section would require all repair
stations to meet the requirements in this proposal within specified
periods of time. The transition process and the deadlines for
compliance with the proposed regulation would be dictated by one of
three possible cases as described below.
The first case involves a repair station (to include an MMF) that
makes no changes to its certificates between the effective date of this
rule, if adopted, and the proposed 2-year compliance date. Under
proposed Sec. 145.61(a), a repair station that takes no action to
affect its certificate (such as adding or deleting a class rating)
would be permitted to continue meeting only the requirements of current
part 145 for up to 2 years. However, repair stations in
[[Page 33148]]
this situation would not be required to wait until the end of the 2-
year period to make the transition to operations under the proposed
rule. These repair stations would be encouraged to apply for their new
certificate well before the end of the 2-year transition period to
avoid any potential administrative delays.
The second case involves a repair station (to include an MMF) that
wishes to make a change to its repair station certificate during the 2-
year transition period. Proposed Sec. 145.61(b) would require a repair
station that desires to amend, revise, or add a rating to its
certificate to obtain a completely new repair station certificate and
meet all new applicable requirements as set forth in proposed part 145.
The new repair station certificate would reflect each of the new
ratings under which the repair station is authorized to either begin or
continue exercising privileges. The following example illustrates this
case: A repair station currently holds a repair station certificate
with an airframe Class 3 rating and instrument Class 1 and 2 ratings,
and decides to apply for an accessory Class 1 rating. At the time of
its application, this repair station would be required to meet the new
requirements and apply for all of the ratings for which it wishes to
exercise privileges. Therefore, the repair station would apply for
instrument Class 1 and 2 ratings, the accessory Class 1 rating, and the
aircraft Class 1 rating. The repair station would not be permitted to
continue to exercise the privileges of its old airframe Class 3 rating
following the change to its certificate.
The third case involves a repair station (to include an MMF) that
is sold, leased, or otherwise conveyed following the adoption of this
proposal. Regardless of whether the repair station is operating under
the old or new system of ratings and classes, at the time of such
conveyance, the receiving entity would be required to meet proposed
part 145 and apply for and receive a new repair station certificate.
Transfers such as these would be conducted in the same manner as under
the current rule, except the receiving entity would not be able to
apply for a certificate under the old system of ratings and classes. As
under the current rule, the conveying entity's repair station
certificate would expire at the time of asset transfer.
The FAA recognizes the administrative burden of applying for a new
repair station certificate as well as the complexity of the proposed
transition to the new system of ratings and classes. The FAA also
recognizes the potential burden on its own personnel and the potential
administrative backlog if, in the interest of their own advertising
efforts, many repair stations quickly attempt to transition to the new
system. Therefore, the FAA is requesting public comments on alternative
methods for achieving a smooth transition from the current system to
the new system.
Establishment of the Repair Station Manual
Currently, a repair station must maintain an Inspection Procedures
Manual (IPM) describing the repair station's inspection system. Repair
stations also must meet requirements in part 145 that currently are not
required to be documented in the IPM (e.g., recordkeeping and
personnel). Because of the complexity of many repair stations'
operations, the repair stations should document additional aspects of
their operations and not limit the manual to a description of the
inspection system.
The FAA proposes to eliminate the requirement that repair stations
maintain an IPM and, as proposed in Sec. 145.205, replace it with a
requirement that repair stations maintain an approved repair station
manual that covers all of the repair station's technical operations.
The proposed manual would cover items currently described as acceptable
in AC No. 145-3, Guide for Developing and Evaluating Repair Station
Inspection Procedures Manuals, which are proposed as repair station
manual requirements in this NPRM. The proposed manual would be required
to include the repair station's procedures and policies that cover the
operation of the repair station. All repair station personnel would be
required to follow the manual while conducting operations. Repair
stations with non-English speaking personnel may therefore have to
translate all or certain portions of the proposed manual into the
native language of personnel using the manual. Specific requirements
for the repair station manual are described throughout the section-by-
section discussion and listed in the proposed rule.
Current Sec. 145.45(f) requires a repair station to provide each of
its supervisory and inspection personnel with a copy of the IPM and to
make the IPM available to its other personnel. The requirement for all
repair stations' supervisory and inspection personnel to each have a
copy of the manual is unnecessarily burdensome. The FAA has granted
numerous exemptions from this requirement that allow repair stations to
maintain a master copy of the IPM and one shop copy for use by all
personnel. Proposed Sec. 145.205(e) would require only that the
proposed repair station manual be readily available to all repair
station personnel. This provision would permit a repair station to have
shop copies or electronic versions of the proposed manual and would
reduce the burden of updating multiple copies of the manual.
Under proposed Sec. 145.205(f), a repair station would be required
to provide a current copy of the manual to the FAA certificate holding
district office (CHDO). If a repair station uses a repair station
manual that is in an electronic format, the repair station would be
required to provide the FAA with either a current paper copy or the
means (hardware, software, etc.) to access the current manual at the
CHDO.
Quality Assurance
Current part 145 does not require a repair station to establish and
use a quality assurance system that monitors the effectiveness of the
certificate holders' procedures, training, and inspection; however,
many repair stations and air carriers have implemented and use such
quality assurance systems. In addition, the JAA requires each JAA-
approved maintenance organization (which includes some U.S. repair
stations) to establish an independent quality system that monitors
compliance with and adequacy of the procedures used to ensure good
maintenance practices and airworthy aircraft and aircraft components.
After reviewing the success of quality assurance and quality
monitoring systems, the FAA has determined that quality assurance
systems are necessary to ensure that maintenance, preventive
maintenance, or alterations (including the maintenance and alterations
performed by a repair station's contractors) are consistently performed
in accordance with all applicable requirements. Thus, proposed
Sec. 145.201 would require that each repair station establish a quality
assurance system acceptable to the Administrator. A description of the
entire quality assurance system would be included in the proposed
repair station manual. Guidance on the establishment of effective
quality assurance systems would be provided in advisory material
published concurrently with this rule, if adopted.
The size of an acceptable quality assurance system would be based
on the repair station's size and type of operations. The FAA recognizes
that many certificated repair stations have few employees.
Consequently, the FAA would consider a repair station's size and
complexity and the repair station's
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designation of persons who perform quality assurance functions in
reviewing a quality assurance system. For example, the FAA would permit
smaller repair stations to assign individuals to quality assurance on a
part-time basis.
Capability List
Currently, Sec. 145.11(a)(4) requires that applicants for a
propeller Class 2 rating or any accessory rating prepare a list, by
type or make, as applicable, of each propeller or accessory for which
the repair station seeks approval. Many repair stations use these lists
and the limits of their Operations Specifications as marketing tools
that describe their capabilities. One constraint related to this
practice is that revisions to the current capability list require FAA
approval, which makes timely revisions cumbersome in the dynamic
aviation maintenance marketing environment.
The FAA proposes to revise part 145 to provide for a capability
list for each repair station. The capability list would specify all
articles on which the repair station is capable of performing work; the
articles would be listed by make and model. The repair station's
Operations Specifications would continue to prescribe the ratings and
classes under which the repair station is approved to operate.
Under the proposal, prior to working on an article, a repair
station would be required to conduct a self-evaluation, described in
the quality assurance system in its repair station manual, to ensure
that the repair station has the required facilities, equipment,
materials, technical data, processes, housing, and trained personnel in
place to properly perform the work on the article. Self-evaluations of
this nature are consistent with other internal evaluation programs
currently encouraged by the FAA.
After the self-evaluation, the article would be added to the repair
station's capability list. Procedures would be defined in the repair
station manual to require the repair station to inform the FAA CHDO of
the revision to the capability list.
For example, if a repair station holds the proposed aircraft Class
1 rating and the repair station's Operations Specifications limit the
repair station to performing work on reciprocating engine-powered
aircraft, the repair station would not be able to add any turbine
engine-powered aircraft to its capability list without an FAA-approved
revision to its Operations Specifications. However, the repair station
would be able to add other reciprocating engine-powered aircraft to its
capability list after the capability list revision procedures in its
repair station manual are followed.
Contract Maintenance
Notwithstanding concerns expressed by certain industry groups
during the public meetings, contracting out maintenance under the
current regulations has proven safe for more than 40 years. In an
effort to harmonize part 145 with JAR 145, the FAA proposes to continue
permitting repair stations to contract out maintenance and alteration
of components of a type-certificated product as is permitted under
current Sec. 145.47. However, the proposal would permit any repair
station to contract out such work on any article for which it is rated
(other than a complete type-certificated product), provided certain
conditions are met. Current Sec. 145.47 includes equipment and material
requirements and a description of contract maintenance requirements.
Proposed Sec. 145.213 would include these current contract maintenance
requirements.
In addition, a list of those functions that a repair station would
be permitted to contract to an outside facility would be required to be
specified by the repair station in its manual under proposed
Sec. 145.207(h). Under that paragraph, the repair station would have to
list the names of those facilities to which it contracts work, along
with their certificates and ratings, if any. The repair station manual
would have to include procedures for qualifying and surveilling the
facilities. It would also have to include procedures to accept the
maintenance, preventive maintenance, or alterations performed by a
facility to which work was contracted.
The provisions of the repair station's quality control system
specified in proposed Sec. 145.201(a)(2) and Sec. 145.209(c)(2) would
require it to inspect articles and materials on which contract
maintenance was performed. This mandatory inspection process would
ensure that the requisite high level of safety is maintained when job
functions are contracted either to certificated or noncertificated
sources.
Current Sec. 145.47(c) states that a repair station may contract
maintenance and alteration of components of a type-certificated product
to a noncertificated source provided: (1) The repair station is the
manufacturer who originally manufactured the product for which it holds
a U.S. type certificate; (2) the contracted component is included as
part of the type-certificated product; (3) the component maintenance is
done by the original component manufacturer or its manufacturing
licensee; and (4) before the component is approved for return to
service, the repair station ensures that it is being approved for
return to service in accordance with the repair station's approved
quality control system.
Under the proposal, contracting to noncertificated sources would
not be restricted to type certificate holders. Proposed Sec. 145.213
would permit a certificated repair station to contract maintenance or
alteration of any article for which it is rated to a noncertificated
person provided the job function is contracted in accordance with
procedures set forth in the certificated repair station's approved
repair station manual.
In addition, the certificated repair station would be required to
supervise or otherwise remain directly in charge of a shop that
performs maintenance, preventive maintenance, or alterations. The term
``directly in charge'' is defined in proposed Sec. 145.3, Definition of
terms, and specifies that a person who is directly in charge need not
physically observe and direct each worker constantly but must be
available for consultation and decision on matters requiring
instruction or decision from higher authority than that of the persons
performing the work. This definition is taken from 14 CFR 121.378(b).
The certificated repair station would also be required to verify by
test and/or inspection that the job function has been satisfactorily
performed by the noncertificated person before the certificated repair
station approves the article for return to service.
The proposed limits on contracting maintenance would be that
contracting of complete, assembled, type-certificated products would
not be permitted and a certificated repair station also would not be
allowed to only provide approval for return to service for a product
after contract maintenance is performed, thereby prohibiting ``paper
only'' repair stations.
The proposed rule also would revise the list of certain job
functions in appendix A to part 145 that can be contracted out by a
certificated repair station. Current Sec. 145.47 requires that an
applicant for a repair station certificate must be equipped to perform
the functions listed in appendix A to part 145 that are appropriate to
the ratings sought. Current appendix A to part 145 describes the
equipment and material requirements for each of the ratings and classes
under which a repair station can receive approval to operate. Job
functions marked with an asterisk (*) in the current appendix are those
for which the repair station may obtain the services of a contractor in
lieu of having the appropriate equipment and
[[Page 33150]]
materials on the premises for the specific job function. Under the
proposal, Sec. 145.111 would require that the repair station be
equipped to perform the maintenance, preventive maintenance, or
alterations appropriate to the rating(s) held as prescribed by proposed
appendix A. Under the proposed rule, functions that could be contracted
out by a repair station to another facility (items currently marked
with an asterisk) would no longer be included in the appendix. The
proposed appendix would reflect the revisions and modifications to
repair station ratings and classes found in proposed Sec. 145.59;
however, all contracted maintenance functions would be required to be
listed in the proposed repair station manual.
The FAA specifically solicits comments to provisions in this notice
regarding contracting of work and especially to proposed provisions
regarding the contracting of work to noncertificated sources where the
certificated repair station has final approval for return to service
authority.
Job Functions
The proposed appendix A, Job Functions, includes many significant
revisions to current appendix A. In addition to removing those
functions for which a contractor may be used, the FAA has excluded much
of the advisory material in the proposed appendix. For example, the
proposed appendix would retain ``Repair and replace alloy members and
components,'' but this would not be followed by ``* * * such as tubes,
channels, cowlings, fittings, attach angles, etc.'' The proposed
appendix also would reduce current repetition by providing a list of
functions that apply to all classes under a rating at the beginning of
the rating's discussion. Therefore, subsequent class requirement
discussions would state, ``In addition to having the capability to
perform the appropriate functions as required for a Class `X' rating, a
repair station holding a Class `Y' or Class `Z' rating must have * *
*.'' The proposed appendix also adds new job functions for turbine
engines and nondestructive testing; however, the most significant
revision is the removal of functions that can be contracted out to
another facility. This proposed change takes an approach toward
contracting out that is similar to the one being developed by the JAA.
The FAA requests that, during the comment period, commenters
specifically address the equipment and material requirements for the
various repair station ratings as well as the deletion from appendix A
of those functions that may be contracted out by a repair station.
Based on such comments, the FAA may revise this notice to accommodate
specific comments.
Training Program
Current Secs. 121.375 and 135.433 require that each certificate
holder, under part 121, and pursuant to Sec. 135.411(a)(2),
respectively, or person performing maintenance or preventive
maintenance functions for these certificate holders, have a training
program. This training program must ensure that each person who
determines the adequacy of work performed is fully informed about
procedures, techniques, and new equipment in use, and is able to
perform all associated duties. Current Sec. 145.2(a) requires that
repair stations supporting operations under part 121 comply with the
provisions of current Sec. 121.375. Therefore, repair stations that now
perform maintenance or preventive maintenance for part 121 operators
are required to have a training program. In some cases, only a portion
of a repair station's personnel accomplish work for part 121 operators.
Consequently, only those individuals are included in the training
program.
Under the proposal, Sec. 145.159 would require that each repair
station establish and maintain a documented training program for all
employees who perform work under the repair station's ratings and
classes. The proposed training program would enhance aviation safety by
ensuring that each employee who works for the repair station is fully
capable of performing that work, and it would ensure a level of safety
equivalent to that of maintenance performed under part 121 or part 135.
Because the FAA recognizes that repair stations vary in size, the
repair station or any other organization such as a school or
manufacturer could provide the training, provided the program is
approved by the Administrator. The training program would be described
in the repair station manual as set forth in proposed Sec. 145.207(e).
The proposed training would be required to consist of initial and
recurrent training for aviation maintenance personnel, be based on each
individual's assignment, and ensure that each individual is capable of
performing the assigned task. A person who is certificated or rated to
perform particular duties, but is not currently assigned to perform
those duties at the repair station, would not be required to
participate in recurrent training for all of the tasks for which the
person is certificated or rated until such time as that person is
assigned to those duties.
Because repair stations' activities vary greatly, information about
the specific training needed to satisfy the requirements of the
proposed rule would be published in advisory material that would be
issued with this rulemaking.
Line Station Maintenance
Current FAA policy permits an operator certificated under part 121
or part 135 to contract line maintenance to a repair station located in
the United States. A certificated repair station with a limited rating
for line maintenance may perform such line maintenance, provided that
the repair station holds the appropriate ratings and the operator's
particular aircraft are identified in that repair station's Operations
Specifications.
Many repair stations located at airports have requested that they
be permitted to perform line maintenance for part 121 or part 135
operators without meeting all of the requirements of part 145.
Currently, to receive the appropriate ratings or have an operator's
aircraft added to the repair station's Operations Specifications, the
repair station must meet the current part 145 requirements that exceed
those necessary to perform the line maintenance. Proposed Sec. 145.7(e)
would permit a repair station to perform line maintenance functions for
an operator without meeting all of the part 145 requirements necessary
to either obtain a rating or add an aircraft to the repair station's
Operations Specifications. Repair stations could provide this service
for operators certificated under part 121 or part 135 or for operators
of U.S.-registered aircraft under part 129. Consistent with current
practice, a repair station's Operations Specifications would state the
job functions performed as line maintenance for each operator. The job
functions would be based on the aircraft operator's manual or approved
program. Also, the repair station would be required to have the
necessary equipment, trained personnel, and technical data to perform
the line maintenance.
Recordkeeping and Reporting Requirements
Currently, Sec. 145.61 requires each repair station to maintain
adequate records of all maintenance, preventive maintenance, or
alterations performed. The records must include the name of the
certificated mechanic or repairman who performed or supervised the work
and the name of the individual who inspected the work. Repair stations
are required to retain these records for at
[[Page 33151]]
least 2 years after the work is completed.
The FAA proposes to revise the current recordkeeping and reporting
requirements. Proposed Sec. 145.217 would require a repair station's
records and reports to include the make, model, identification number,
and serial number (when applicable) of the aircraft, airframe, aircraft
engine, propeller, appliance, or component part of the article worked
on, and a copy of the maintenance release. The repair station would be
permitted to use as the maintenance release the record that it
completes to comply with current Secs. 43.9 and 43.11.
A repair station would continue to be required to retain records
for 2 years. Records could be retained in the form of actual work
documents or copies thereof, or by an automated data processing system
acceptable to the Administrator.
The record retention period would be based on the date that article
was approved for return to service as opposed to the date maintenance,
preventive maintenance, or alteration was completed. In some instances,
different work may have been completed on the same article on different
dates before the article is approved for return to service. Therefore,
the date an article is approved for return to service would be easier
for a repair station to monitor.
Under current industry practice, the owner or operator of an
aircraft, airframe, aircraft engine, propeller, appliance, component,
or part on which work is performed receives the maintenance release.
This practice would continue and be reflected in proposed
Sec. 145.217(b). The proposed rule specifies that the maintenance
release would be required to be retrievable in English.
Repair Stations Located Outside the United States
As can be seen from the above discussion, the thrust of this
proposal is to reduce the differences between the treatment of
``domestic'' and ``foreign'' repair stations. Many of the requirements
that would be imposed in this rulemaking are designed to ensure that
maintenance functions are performed safely. For example, as discussed
below, supervisors of any maintenance function at a repair station,
regardless of where it is located, would be required to have at least
18 months of practical experience in the maintenance function the
individual is supervising.
Nevertheless, we are mindful of concerns by some that repair
stations located outside the United States pose special issues with
respect to oversight and safety. Therefore, the FAA is considering the
establishment of further measures to ensure that the proposed repair
station requirements are implemented safely and effectively. For
example, the FAA is considering authorizing an advisory panel or some
other partnership to provide feedback to the Administrator on the
effects of our rules on the safe operation of repair stations. Such a
panel would provide a forum in which industry and labor representatives
could discuss concerns and relay information on the real world effects
of the repair station rules, including identifying any deficiencies or
inequities.
Comments are invited on this or any other idea to ensure the
continuing safety and effectiveness of the proposed rule. The FAA will
determine, at the time a Final Rule is adopted, whether an advisory
panel, or some other plan recommended by commenters would be the best
method of achieving this goal.
Section-by-Section Analysis
Special Federal Aviation Regulation No. 36
The proposal would revise paragraph 2(c) of this regulation by
replacing the reference to current Sec. 145.51 with a reference to
proposed Sec. 145.215(b)(2), and by replacing the references to
``domestic repair station certificate under 14 CFR part 145'' with
``repair station certificate under 14 CFR part 145 that is located in
the United States''.
Section 11.101 OMB Control Numbers Assigned Pursuant to the Paperwork
Reduction Act
This section would be revised by replacing the reference to current
Sec. 145.63 with a reference to proposed Sec. 145.219.
Section 91.411 Altimeter System and Altitude Reporting Equipment Tests
and Inspections
Paragraph (b)(2)(iii) would be revised by replacing ``limited
rating'' with ``specialized service rating''. Paragraph (b)(2)(iv)
would be revised by replacing ``airframe rating'' with ``aircraft
rating''. Paragraph (b)(2)(v), which refers to a limited rating for
manufacturers, would be deleted.
Section 91.413 ATC Transponder Tests and Inspections
Paragraphs (c)(1)(i) and (c)(1)(ii) would be revised by changing
the term ``radio'' to ``avionics'' and by replacing the reference to
``Class III'' with ``Class 3'' in paragraph (c)(1)(i). Paragraph
(c)(1)(iii) would be revised by replacing the reference to ``limited
rating'' with ``specialized service rating''. Paragraph (c)(1)(iv),
which refers to a limited rating for manufacturers, would be deleted.
Part 91, Appendix A Category II Operations: Manual, Instruments,
Equipment, and Maintenance
Paragraph (4)(b)(1)(ii) would be revised by changing the term
``radio'' to ``avionics''. Paragraph 4(b)(1)(iii), which refers to
ratings issued under subpart D of part 145 (limited ratings for
manufacturers), would be deleted.
Section 121.378 Certificate Requirements
This section would be revised by replacing ``repair stations
certificated under the provisions of subpart C of part 145'' in
paragraph (a) with ``a certificated repair station that is located
outside the United States'' and by changing the reference to
``alteration'', the singular, to ``alterations'', the plural.
Section 121.709 Airworthiness Release or Aircraft Log Entry
This section would be revised by replacing ``a repair station
certificated under the provisions of subpart C of part 145'' in the
concluding text of paragraph (b) with ``a certificated repair station
that is located outside the United States''.
Section 135.435 Certificate Requirements
This section would be revised by replacing ``repair stations
certificated under the provisions of subpart C of part 145'' in
paragraph (a) with ``a certificated repair station that is located
outside the United States''.
Section 135.443 Airworthiness Release or Aircraft Maintenance Log
Entry
This section would be revised by replacing ``a repair station
certificated under the provisions of subpart C of part 145'' in the
concluding text of paragraph (b) with ``a certificated repair station
that is located outside the United States''.
Subpart A General
Section 145.1 Applicability
The proposed section is based on current Sec. 145.1 and describes
the applicability of new part 145 with respect to obtaining repair
station certificates and the general rules under which certificated
repair stations must operate. Proposed Sec. 145.1 would revise current
Sec. 145.1(a) by adding the term ``preventive maintenance'' and by
changing the current reference pertaining to ``airframes, powerplants,
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propellers, and appliances'' to ``any aircraft, airframe, aircraft
engine, propeller, appliance, component, or part thereof''. Current
Sec. 145.1(b) and (c) would be deleted because it addresses foreign
repair stations and manufacturers' maintenance facilities,
respectively. As noted previously, the FAA is proposing, for the most
part, to remove the distinction between domestic and foreign repair
stations and to eliminate the limited ratings for manufacturers. The
proposed changes differ in scope from the applicability section of
current part 43 (maintenance rules), in that repair station privileges
would be expanded to include foreign-manufactured and -certificated
equipment, as well as equipment that has been issued an experimental
airworthiness certificate.
Section 145.2 Certificate Issued to a Person in a Country Outside the
United States; Certificate Issued to a Person in a Country With Which
the U.S. Has a Bilateral Aviation Safety Agreement
As of the issuance of this notice, the U.S. is in the process of
signing bilateral aviation safety agreements (BASAs) with several
foreign countries; those agreements cover multiple areas of FAA safety
regulation, including maintenance to be performed on U.S. registered
aircraft and parts thereof. Consistent with those agreements, the FAA
will be establishing maintenance implementation procedures (MIPs) with
the national (civil) aviation authorities (NAAs) of the respective
countries. Each BASA and MIP will provide that the FAA may issue a part
145 certificate to an applicant located in the country with which the
U.S. has the BASA, based on a certification from the NAA of that
country that the applicant complies with part 145. Each MIP will
provide the procedures whereby that certification can be made. New
Sec. 145.2(b) is proposed to incorporate that process into part 145; in
this regard, it would parallel the process in 14 CFR 21.29 for the
certification of aircraft and other type certificated products.
New Sec. 145.2(a) would state, generally, that the FAA may issue a
part 145 certificate to an applicant in a foreign country if the FAA
finds that the applicant complies with part 145. While that general
proposition obviously would not be a change from the existing rule, it
is included to clarify that the certification by the foreign authority
in proposed paragraph (b) is that the applicant complies with part 145.
Thus, the certification in paragraph (b) could be based on a finding
that the applicant complies with the repair station requirements of the
foreign country, plus all additional requirements necessary to
establish compliance with part 145.
Section 145.3 Definition of Terms
For purposes of this part, the proposed section would define:
accountable manager, actual work documents, approve for return to
service, approved data, article, certificated, CHDO, composite,
computer system, consortium, directly in charge, facility, housing,
maintenance release, overhauled, and signature.
Section 145.5 Certificate and Operations Specifications Requirements
The proposed section would retain the requirement found in current
Sec. 145.3 that no person may operate as a certificated repair station
without, or in violation of, a repair station certificate.
Specifically, it would state that a repair station may perform work
only for which it is rated within the limitations of its Operations
Specifications. Proposed paragraph (d) specifies the contents of the
Operations Specifications that would be issued to each certificated
repair station. The contents would include the repair station's
certificate number; class ratings; limited ratings, to include makes,
models, or parts; specialized service ratings, to include the
specification used; the air carrier's geographic authorization, for
repair stations located outside of the United States; and any other
items the Administrator may require or allow to meet a particular
situation.
Proposed Sec. 145.5 would revise the requirement found in current
Sec. 145.19 that a repair station display its repair station
certificate at a place normally accessible to the public and that is
not obscured. The proposal would require only that a repair station
have its certificate available, but not necessarily visible, for
inspection by the public. A repair station would continue to be
required to have its certificate available on the premises for
inspection by the Administrator.
Section 145.7 Performance of Maintenance, Preventive Maintenance,
Alterations, and Required Inspections for Certificate Holders Under
Parts 121, 125, and 135, and for Foreign Air Carriers or Foreign
Persons Operating a U.S.-Registered Aircraft in Common Carriage Under
Part 129
The proposed section would combine the requirements of current
Secs. 145.2 and 145.73 and describe special conditions related to the
issuance of a repair station certificate. Proposed paragraph (a)(1)
would retain the current requirements for a repair station performing
maintenance, preventive maintenance, or alterations for a part 121
operator having a continuous airworthiness maintenance program to
conform with the provisions of those parts pertaining to such a
program. The proposal, however, would revise the current rule by
specifically listing those sections for which compliance is required.
Proposed paragraph (a)(2) would revise the current rule by requiring a
certificated repair station performing work for an air carrier or
commercial operator having a continuous airworthiness maintenance
program under part 135 to comply with the sections of that chapter
pertaining to the performance of that work.
Proposed paragraph (b) would retain the current requirement that
work performed by a repair station for an air carrier or commercial
operator having a continuous airworthiness maintenance program be
performed in accordance with the air carrier's or commercial operator's
manual.
Proposed paragraph (c) retains the requirements of current
Sec. 145.2(b) relating to the performance of inspections on airplanes
operated pursuant to part 125.
Proposed paragraph (d) would establish a new requirement that a
repair station performing work for any person operating an aircraft
pursuant to part 129 perform that work in accordance with a program
approved by the Administrator.
Proposed paragraph (e) would establish new provisions that would
permit a repair station located at a line station for an air carrier
certificated under part 121 or part 135, or at a line station for a
foreign air carrier or foreign person operating a U.S.-registered
aircraft in common carriage, to perform, under certain circumstances,
line maintenance on any aircraft of that air carrier or person.
Section 145.9 Advertising
The proposed section includes the requirement of current Sec. 145.3
prohibiting a repair station from advertising as a certificated repair
station until the issuance of a certificate. It also includes the
requirements of current Sec. 145.25 specifying that the advertisement
clearly state the repair station's certificate number. The proposed
section also adds an additional requirement that prohibits a repair
station from making false statements, either orally or in writing,
designed to mislead any person.
Section 145.11 Deviation Authority
Current regulations pertaining to manufacturers and some classes of
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operators permit them to apply for a deviation from particular
requirements of the FAA regulations. Similar provisions do not
currently exist for certificated repair stations. The proposed section
would establish new procedures for repair stations similar to those
used by manufacturers and operators to apply for deviation authority
from the regulations. The proposed regulations permit a repair station
to apply for a letter of deviation from any sections of part 145.
Consistency in granting deviation authority would be enhanced by the
provision that only the Associate Administrator for Aviation Standards
could issue letters of deviation authority.
Subpart B Certification
Section 145.51 Application for Certificate
This proposed section is based on current Secs. 145.11, 145.13, and
145.71. Proposed paragraph (a) is similar to current application
requirements but separates the application requirements for the initial
issuance of a certificate or rating from the requirements for a change
or renewal of a certificate. Applicants for a change or renewal of a
certificate would be required to provide only that information
necessary to substantiate the change or renewal, and such applications
would be addressed in proposed Sec. 145.51(e).
Additionally, the proposal revises the list of items that an
applicant would be required to submit to the FAA with the application.
The proposal would require that the applicant submit a copy of the
repair station's manual to the Administrator for approval. (Current
Sec. 145.11 refers to a repair station's IPM.) The proposal also would
require that the applicant submit a list by type, make, or model, as
appropriate, of the aircraft, airframe, aircraft engine, propeller,
appliance, component, or part thereof for which an application is made.
Current Sec. 145.11 requires this information on applications only for
a propeller rating (Class 2) or any accessory rating (Class 1, 2, or
3). Applicants also would be required to include a statement signed by
the accountable manager (as defined in proposed Sec. 145.3) that the
procedures described in the repair station manual are in place and meet
the requirements of the applicable regulations. A list of maintenance
functions performed under contract by another repair facility would
continue to be required and to be included in the proposed repair
station manual. Provisions of current Sec. 145.13, which require an
applicant for a foreign repair station certificate to submit an
organizational chart containing the names and titles of managing and
supervisory personnel and a description of the repair station's
facilities, would be expanded to apply to all applicants for a repair
station certificate; however, submission of a suitably bound brochure
and photographs of the facilities would no longer be required of any
applicant. The proposal also would no longer require duplicate copies
of all required information. For example, under the proposal, only one
copy of the applicant's repair station manual would be required to be
submitted.
Proposed paragraph (b) establishes a new requirement that the
equipment, facilities, and housing required for the certificate and
rating be in place at the time of certification by the Administrator.
Current Secs. 121.153(c) and 135.25(d) permit operators to use
foreign-registered civil aircraft. Current Sec. 43.1(a) prescribes the
rules under which these aircraft must be maintained. Proposed
Sec. 145.51(c) expands the scope of current Sec. 145.71 by permitting
an applicant located outside the United States to obtain a repair
station certificate if it maintains foreign-registered aircraft
operated under the provisions of part 121 or part 135, or aircraft
engines, propellers, appliances, components, or parts thereof for use
on such aircraft.
Proposed Sec. 145.51(c)(2) retains the current requirement that the
applicant for a repair station certificate located outside the United
States provide evidence that the fee prescribed by the Administrator
has been paid; however, the current reference to part 187 has been
deleted. Proposed Sec. 145.51(c)(3) would codify the FAA's existing
practice of requiring that a repair station located outside the United
States complete an application for a repair station certificate in
English.
Under current regulations, a repair station that consists of
numerous units and partners functioning as a single entity with regard
to quality control and quality assurance (i.e., a consortium) is not
permitted to operate under a single repair station certificate, unless
it is granted an exemption from current Sec. 145.35. Airbus Industrie
(Airbus) is an example of such a consortium. Airbus holds an exemption
from current Sec. 145.35 to the extent necessary to permit the
production units of the members and associated partners of the Airbus
consortium to be collectively certificated as a U.S. foreign repair
station to support maintenance of U.S.-registered A300, A310, A320,
A321, A330, and A340 series aircraft. In its petition for exemption,
Airbus contended that the exemption was necessary to permit it to
function as an FAA-approved repair station without having a central
maintenance facility. In granting the exemption, the FAA stated that a
properly structured quality system, operating in a number of facilities
under the direct responsibility of a central quality manager, using
personnel that are properly trained, qualified, and authorized, and
using a uniform system of documentation, can provide an acceptable
substitute for the requirements of Sec. 145.35. The exemption was
predicated on each Airbus production unit demonstrating its compliance
with the applicable housing and facility requirements of the
regulations. To exercise its enforcement obligations, the FAA required
that Airbus retain certificate responsibility for the implementation
and revision (as necessary) of the manual and the quality control
procedures used by the Airbus production units and partners. This was
achieved through the certification of the Airbus consortium as a
foreign repair station. The maintenance, preventive maintenance, and
alteration that may be performed in accordance with the Airbus
exemption is limited to that necessary to support the operation of
U.S.-registered airplanes. To preclude the requirements to obtain an
exemption for similar operations in the future, proposed Sec. 145.51(d)
would permit all consortiums that function as a single entity with
regard to quality control and quality assurance functions, that hold an
approved type certificate, and that perform maintenance, preventive
maintenance, or alterations of that type-certificated product and
components thereof to apply for a repair station certificate under this
section.
Section 145.53 Issue of Certificate
The proposed section is based on current Secs. 145.11(b) and
145.71, which address the issuance of a repair station certificate. The
section retains current regulatory language with no substantive
changes.
Section 145.55 Duration and Renewal of Certificate
This section is similar to current Secs. 145.15 and 145.17 but
deletes the current provision in Sec. 145.17(b) that a certificate or
rating for a repair station located outside of the United States
expires at the end of 12 months after the date on which it was issued.
Instead, the certificate or rating will expire after 24 months.
Proposed paragraphs (a) and (b) retain current certificate duration
requirements. The conditions for a
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return of a certificate are described in paragraph (c).
Proposed paragraph (d) modifies the current requirement for
certificate renewal by specifying that a repair station located outside
the United States must submit its request for renewal no later than 90
days before its current certificate expires. Current Sec. 145.15(c)
permits this application to be made within 30 days of the current
certificate's expiration.
Section 145.57 Amendment to or Transfer of Certificate
This section is based on current Sec. 145.15 and would continue to
require that a repair station desiring to amend, revise, or add a new
rating to its certificate apply on a form and in a manner prescribed by
the Administrator. The current prohibition on the transfer of repair
station certificate privileges upon conveyance of the repair station
would be retained in proposed paragraph (b). Whereas current
Sec. 145.15(b) states that, in the event of a sale or transfer of a
repair station's assets, the new owner must apply for an amended
certificate, proposed Sec. 145.57(b) clarifies the substance of the
requirement by stating explicitly that the privileges of the
certificate cannot be transferred if the repair station is sold,
leased, or otherwise conveyed. Accordingly, to obtain a repair station
certificate, a new owner or transferee of a repair station's assets
would have to apply for a new certificate under the provision of
proposed Sec. 145.51.
Section 145.59 Ratings and Classes
The proposed section would completely revise the current system of
ratings and classes specified in current Secs. 145.31 and 145.33. This
revised system of ratings and classes is described earlier in this
document under the heading ``Ratings and classes.''
Section 145.61 Transition to New System of Ratings
The proposed section describes the FAA's procedure for phasing in
the new system of ratings and classes specified in proposed
Sec. 145.59. The manner in which the transition to this new system
would be accomplished is described earlier in this document under the
heading ``Implementation of the proposed ratings and classes.''
Subpart C Facilities, Equipment, Materials, and Housing
Section 145.101 General
This section is based on current Sec. 145.55 (Maintenance of
personnel, facilities, equipment, and materials) with no substantive
differences.
Section 145.103 Facility and Housing Requirements
Proposed Sec. 145.103(a) is based on current Sec. 145.35 and
retains many of the general facility and housing requirements currently
found in that section for an applicant of a repair station certificate.
The proposal would revise the current rule by expanding the
applicability of these requirements to all repair stations, as opposed
to applicants for repair station certificates or ratings. Proposed
paragraph (a) retains the requirements of current Sec. 145.35. It
eliminates the current specific requirement of Sec. 145.35(b)(3) to
segregate machines and equipment whenever fabric work is done in an
area where there is grease and oil. This type of work is not performed
as often as in the past, and more general requirements to have
facilities for the proper protection of parts and subassemblies, and
segregation of certain operations, are included in the proposal.
Proposed Sec. 145.103(b) describes the facility and housing
requirements currently found in Sec. 145.37; however, it would
establish new requirements for repair stations that perform
maintenance, preventive maintenance, or alterations on articles
constructed of composite materials and repair stations with the
proposed computer systems rating.
Proposed Sec. 145.103(b)(1) would require housing only for the
largest type and model of aircraft on which a repair station performs
maintenance, preventive maintenance, or alteration. For example, if a
repair station with a proposed aircraft Class 3 rating is authorized to
work only on Boeing 737s, that repair station would be required to
provide housing for at least one Boeing 737, even though larger
aircraft, such as a Boeing 747, could be included in an aircraft Class
3 rating.
Current Sec. 145.37(b) addresses the use of permanent work docks
and the performance of work outside, where permitted by climatic
conditions. During preparation of this proposal, the FAA considered
eliminating that portion of Sec. 145.37(b) that specifically permits
the use of permanent work docks. The FAA contends that the elimination
of this provision would simplify the requirements for all repair
stations and help achieve uniform interpretation of the regulations.
The FAA also is concerned that some geographical areas exist that are
not truly free of rain, sand, dust, or some other environmental element
or are affected by high or low temperatures that could have an adverse
effect on worker efficiency during the performance of maintenance by
the repair station. Repair station work, such as the performance of a
detailed visual inspection or certain nondestructive inspection, of an
airframe must be accomplished in a environment free of adverse
environmental conditions to ensure the work process is not negatively
affected by such conditions. In the interest of safety, the FAA
contends that the elimination of the work dock provisions would address
current situations in which some repair facilities may not provide
adequate protection from environmental elements for aircraft,
equipment, or personnel as required by Sec. 145.35(a).
However, the FAA notes that currently available data do not permit
the FAA to determine the number of repair stations that would be
affected or to quantify the potential costs to the repair station
industry if the use of work docks were no longer permitted. Therefore,
provisions permitting the use of work docks have been retained in this
proposal.
During the comment period, the FAA requests that the public
specifically address the potential costs that would be incurred by the
repair station industry if provisions for permitting work outside were
eliminated. In addition, the FAA is requesting that the comments
submitted include a detailed discussion of the potential safety
benefits that could be realized if such provisions were eliminated.
Based on the input received and the data presented during the comment
period, the FAA may eliminate the work dock provisions in the final
rule.
Proposed Sec. 145.103(b)(3) establishes new provisions that would
require a repair station that performs maintenance, preventive
maintenance, or alterations on any article of composite construction to
meet acceptable process requirements. These process requirements would
be based on the manufacturer's recommendations or other processes
acceptable to the Administrator.
Proposed Sec. 145.103 (b)(4) through (b)(7) revises current
requirements so that they are applicable to the proposed system of
certificates and ratings. Proposed Sec. 145.103 (b)(4) and (b)(6) is
based on current Sec. 145.37 (c) and (e) with no substantive
differences. Proposed Sec. 145.103(b)(5) would require repair stations
with a propeller rating to have suitable stands, racks, and fixtures,
not only for the proper storage of the propellers, but also for the
performance of work on these articles. Proposed Sec. 145.103(b)(7)
would establish
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requirements for holders of an avionics, instrument, or computer system
rating by requiring those holders to have a shop and assembly area that
meets the standards for environmental control and protection from
contaminants specified by the equipment or system manufacturer.
Proposed Sec. 145.103(b)(8) specifically would establish a
requirement for a repair station to meet any special facilities
requirements determined by the manufacturer and approved by the
Administrator for an article or system on which maintenance, preventive
maintenance, or alteration is performed.
Currently, Sec. 145.51(d) permits a repair station to maintain and
alter any article for which it is rated at a place other than its fixed
location if certain conditions are met. Proposed Sec. 145.103(c) would
specify that a repair station is permitted to perform certain job
functions on an aircraft at a place other than its fixed location
because of a special circumstance as determined by the Administrator
(e.g., an aircraft on the ground at an isolated airport requiring
repairs to allow it to be flown safely to the operator's main base, a
repair station, or in preparation for a ferry flight). The proposed
repair station manual would be required to describe the procedures for
the performance of work at a place other than the repair station's
fixed location.
Section 145.105 Change of Location, Housing, or Facilities
The proposed section is based on current Sec. 145.21 and specifies
the types of changes requiring approval by the Administrator. The
proposal would include the current requirement that any change to the
location or facilities of a repair station be approved in advance. The
proposal would specifically indicate that no operation by a repair
station at a new location be authorized until approved.
Section 145.107 Satellite Repair Stations
Under current Sec. 145.51(d), a domestic repair station may
maintain or alter any article for which it is rated at a place other
than the repair station, provided certain conditions are met. This work
is normally performed on a case-by-case or as-needed basis. Under the
proposal, repair stations would be permitted to establish satellite
repair stations to perform work on a permanent basis at a place other
than the repair station's primary facility. Proposed Sec. 145.107(a)
would define ``satellite repair station'' and specify the requirements
for the certification of these facilities. A satellite repair station
would continue to be considered a separate repair station and would be
required to meet the requirements (personnel, facilities, housing,
etc.) for each rating it holds. A satellite repair station also would
be required to prepare a manual consistent with the manual of the
parent repair station. The manual would be required to be approved by
the FAA CHDO. Proposed paragraph (b) would permit the cross-utilization
of personnel and equipment from the parent repair station necessary to
perform maintenance, preventive maintenance, or alterations. However,
the FAA could specify when equipment and personnel could not be cross-
utilized.
Additionally, proposed paragraphs (c) and (d) would codify the
current practice that a repair station located within the United States
would not be permitted to have a satellite repair station located
outside the United States and that a repair station located outside the
United States would not be permitted to have a satellite repair station
located within the United States.
Section 145.109 Maintenance, Preventive Maintenance, and Alterations
Conducted at Satellite Repair Stations
This proposed section would specify the conditions under which a
repair station may perform work at a satellite repair station rather
than at the repair station's primary facility and would establish
inspection personnel requirements for the facility. The proposed
section is based on Sec. 141.91, which prescribes requirements for
pilot school satellite bases.
Section 145.111 Equipment and Material Requirements
The proposed requirements are based on those requirements found in
current Secs. 145.47 and 145.49. The proposed section sets forth the
requirements that would apply to all repair stations and those
additional requirements that would apply to repair stations with
specialized service ratings and those with ratings other than
specialized service ratings. Additionally, the proposed regulation sets
forth requirements for certificated repair stations, whereas the
current regulation sets forth requirements for an applicant for a
domestic repair station certificate.
The proposed section retains the requirements of current
Secs. 145.47(a) and (b), and 145.49(a); however, the proposal would
require that tools used to accomplish work be those recommended by the
manufacturer or equivalent to the manufacturer's recommendation and
acceptable to the Administrator. The proposal also would require tools
used for product acceptance and/or for making a finding of
airworthiness be calibrated to a standard acceptable to the
Administrator.
The proposal would delete the specific equipment requirements for
an applicant for a rating for specialized services or techniques issued
under the current regulation; however, under the proposed rule, a
certificated repair station with a specialized service rating would be
required to have the appropriate equipment, materials, and technical
data prescribed and approved for performing work under that rating.
Subpart D Personnel
The FAA proposes to organize all part 145 repair station personnel
requirements into a separate subpart of part 145. The proposed subpart
would include current personnel requirements and new requirements
relating to training, personnel records, designation of an accountable
manager, and the recommendation of persons for certification as
repairmen. Personnel requirements for repair stations located within
and outside the United States would be standardized; however, repair
stations located outside the United States would continue to be able to
employ persons not certificated under part 65.
Section 145.151 Personnel Requirements
This proposed section for personnel requirements is based on
current Secs. 145.39 and 145.75 but does not include requirements for
supervisory and inspection personnel. These requirements are found in
proposed Sec. 145.153.
Proposed Sec. 145.151 would establish the same general personnel
requirements for repair stations located within and outside the United
States. It would ensure that personnel employed at any repair station,
regardless of its location, are competent to perform assigned tasks.
Proposed Sec. 141.51 would include a new requirement that each
certificated repair station designate an individual as the accountable
manager. The section would continue to require that a repair station
have a sufficient number of personnel to perform the work for which it
is rated. The proposed section would specify that it is applicable to
all repair stations, whereas current equivalent sections apply to
applicants for certificates. The proposal deletes language in current
Sec. 145.39(a) requiring officials of the station to consider carefully
the justifications and abilities of their employees. This current
provision is addressed by the proposed
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training requirements. Language in current Sec. 145.39(b) requiring an
applicant to have enough properly qualified employees to keep up with
the volume of work in progress is addressed in proposed
Sec. 145.151(a)(2).
Section 145.153 Supervisory and Inspection Personnel Requirements
This proposed section is based on the supervisory and inspection
personnel requirements found in current Secs. 145.39 and 145.75. The
proposal would retain the requirements of these sections, codify
minimum practical experience and training requirements for supervisory
and inspection personnel employed at repair stations located outside
the United States, and expand the Administrator's ability to determine
the competence of all supervisory and inspection personnel.
Proposed paragraphs (a), (b), and (c) are based on current
Sec. 145.39(c). These sections would apply to all repair stations.
Proposed paragraph (d) is based on current Sec. 145.39(d). It would
contain identical requirements for supervisory and inspection personnel
at repair stations located within and outside the United States, with
the exception that personnel at repair stations located outside the
United States would not be required to be certificated under part 65.
Proposed paragraph (d)(1) retains the current requirement that only
those individuals who supervise a maintenance function in a repair
station located in the United States be certificated as a mechanic or
repairman under part 65. Although the FAA will not require the
certification of supervisory personnel at repair stations outside the
United States, proposed paragraphs (d)(2) and (d)(3) would apply the
practical experience and training requirements currently found in
Sec. 145.39(d) to all supervisory personnel regardless of where they
perform their duties. Proposed paragraph (d)(2) would require all
individuals who supervise a maintenance function at a repair station to
have at least 18 months of practical experience in the maintenance
function the individual is supervising. Proposed paragraph (d)(3) would
require all supervisory personnel to be adequately trained on the
maintenance of the article on which work is performed and to be
familiar with the procedures, practices, inspection methods, materials,
tools, and equipment used in the maintenance, preventive maintenance,
or alterations for which the repair station is rated.
The current prohibition found in Sec. 145.39(d) on the use of
experience gained as an apprentice or student mechanic has been deleted
because the FAA has determined that such experience is acceptable. In
addition, the current requirement that at least one of the persons
directly in charge of the maintenance functions of a repair station
with an airframe rating must have had experience in approving aircraft
for return to service after 100-hour, annual, and progressive
inspections has been broadened. Current language specifying inspection
types has been replaced by a reference to the inspections required by
current Sec. 91.409.
Proposed paragraph (e) is based on current Sec. 145.39(d) and would
apply to all repair stations with no substantive changes.
Proposed Sec. 145.153(f) imposes additional requirements on repair
stations located outside the United States. These requirements are
based on the requirements for supervisory and inspection personnel at
foreign repair stations specified in current Sec. 145.75. Repair
stations located outside the United States would be required to possess
a sufficient number of supervisors and inspectors who understand FAA
regulations, FAA Airworthiness Directives, and the manufacturers'
maintenance and service instructions for the articles on which the
repair station performs work. These personnel would also be required to
understand, read, and write the English language.
The changes proposed in paragraphs (d)(2) and (d)(3), together with
the provisions of proposed paragraph (f), would ensure that repair
stations located outside the United States possess a sufficient number
of supervisory and inspection personnel who are as well qualified as
their domestic counterparts certificated under part 65.
Current references to determining the abilities of supervisory
personnel by either the repair station or the Administrator have been
included and expanded on in proposed paragraph (g). Current
Sec. 145.39(c) provides that the Administrator may inspect the
employment and experience records of all supervisory personnel and also
may determine further the abilities of supervisors by administering a
personal test; however, the current regulation does not provide for the
evaluation of inspection personnel located at a repair station in the
United States through use of a personal test. In addition to providing
that the Administrator may review the employment and experience records
of supervisors and inspection personnel, proposed Sec. 145.153(g) would
permit the Administrator to use oral or practical tests to evaluate the
ability of supervisory and of inspection personnel to perform the tasks
for which they are assigned. The procedures the FAA would use to
evaluate the technical competency of all repair station personnel would
ensure that they possess a uniform level of competency, regardless of
individual certification requirements.
Section 145.155 Recommendation of Persons for Certification as
Repairmen
The proposal is based on current Sec. 145.41; however, the proposal
would require a repair station to recommend a sufficient number of
repairmen to meet all applicable requirements of this part if the
repair station chooses to use repairmen to satisfy these requirements.
The current rule requires only the recommendation of at least one
repairman. The proposal would delete the provisions of current
Sec. 145.41(b), which require that each person recommended must be at
or above the level of shop foreman or department head or be responsible
for supervising the work performed by the repair station, and would
permit a repair station to recommend any employee who meets the
requirements of current Sec. 65.101 for certification as a repairman.
The FAA has decided that this proposal would recognize the level of
professional expertise of maintenance personnel currently employed at
repair stations. The proposal also would enable repair stations to be
more flexible in their hiring and placement practices. This proposal is
consistent with current Sec. 65.101, which does not require that an
individual be employed in a supervisory position at a repair station to
meet the eligibility requirements for a repairman certificate.
Consistent with proposed Sec. 145.153(g), proposed Sec. 145.155(b)
also would permit the Administrator to evaluate any repairman's ability
by inspecting employment and experience records and/or by administering
an oral or practical test.
Section 145.157 Records of Management, Supervisory, and Inspection
Personnel
This proposed section is based on current Sec. 145.43. The FAA
would continue to require a repair station to retain a roster of
supervisory (including management) personnel and inspection personnel.
Proposed paragraph (a)(3) would establish a new requirement for a
repair station to retain a roster of those certificated personnel
authorized to sign a maintenance release for approval for return to
service of an altered or repaired article.
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The proposal would retain current requirements relating to the
retention of information indicating compliance with experience
requirements; however, the record of total years of experience for an
individual would not need to pertain solely to the type of work the
individual is performing but only to maintenance work in general. The
proposal would modify the current rule by requiring that these rosters
be kept current but would not list the specific instances under which
they would be required to be modified. Although the proposal does not
retain the language of current Sec. 145.43(d), these records would
continue to be subject to inspection by the Administrator, as proposed
in Sec. 145.221. Because records would be required to be maintained for
all management personnel, the language of current Sec. 145.43(e) has
not been retained.
Section 145.159 Training Requirements
This section would create a new requirement for each certificated
repair station to establish a training program approved by the
Administrator that consists of initial and recurrent training for
employees assigned to perform maintenance, preventive maintenance, or
alteration job functions. The proposal would require that records of
this training be documented by the repair station in a form acceptable
to the Administrator and that these records be retained for the
duration of each individual's employment.
Subpart E Operating Rules
Section 145.201 Quality Assurance and Quality Control Systems
This proposed section is based on certain requirements in current
Secs. 145.45, 145.57, and 145.105. Proposed Sec. 145.201(a)(1) would
set forth a new requirement for a repair station to establish a quality
assurance system. Section 145.201(a)(2) would continue to require a
repair station to have a quality control and inspection system but
would expand the scope of these systems to include the quality control
of any work performed by a contractor. The proposal also would require
these systems to be described in the repair station's manual.
Proposed Sec. 145.201(b) continues to require repair stations to
perform maintenance and alterations in accordance with part 43, which
includes the applicable provisions of an approved maintenance program.
The proposal also expands the scope of current Sec. 145.57 to include
preventive maintenance.
Current Sec. 145.57(a) requires that each repair station maintain,
in current condition, all manufacturers' maintenance manuals,
instructions, and service bulletins that relate to the articles that it
maintains or alters. To standardize language relating to aviation
maintenance, the FAA proposes in paragraph (c) to replace the term
``instructions'' with ``Instructions for Continued Airworthiness''.
Also, the FAA has determined that, because Airworthiness Directives
(ADs) disseminate critical information about aviation safety, repair
stations should possess all ADs that apply to an article on which that
repair station performs maintenance, preventive maintenance, or
alterations. Therefore, in proposed Sec. 145.201(c), the FAA would
require that each repair station maintain and keep current all ADs,
Instructions for Continued Airworthiness, and service bulletins that
relate to articles that it includes on its capability list.
Current Sec. 145.57(a) requires a repair station to retain current
manufacturer's service manuals for each article that it maintains or
alters. The FAA has received petitions for rulemaking requesting that
the FAA permit repair stations to have a manufacturer's customized
aircraft maintenance manuals only when necessary, instead of
continuously maintaining such manuals. The FAA recognizes that
difficulties with this requirement frequently occur because
manufacturers are reluctant to release proprietary information or are
unwilling to provide maintenance manuals for their products when a
repair station is not a party to a licensing agreement. Therefore,
repair stations are able to receive the manufacturer's maintenance
manual for a particular aircraft or article only when the aircraft or
article is delivered to the repair station for maintenance. During
certification, repair stations would be required to have standard
maintenance manuals for the equipment on which they intend to perform
maintenance, preventive maintenance, or alterations; however, the FAA
proposes in Sec. 145.201(d) to require repair stations to possess
article-specific manufacturers' maintenance manuals only when required.
Section 145.203 Capability List
This new section would require repair stations to prepare and
retain a current capability list that would contain a list of the
articles on which it performs maintenance, preventive maintenance, or
alterations. The proposal would require that these articles be
identified by make and model, part number, or other nomenclature
designated by the article's manufacturer. Before revising the
capabilities list, a repair station would be required to complete a
self-evaluation to ensure that it meets all of the requirements for the
proposed operations.
Section 145.205 Repair Station Manual
The proposed section would establish a new requirement for a repair
station to maintain and use a current approved repair station manual
that would set forth the procedures and policies for the repair
station's operation. It also would set forth requirements specifying
the availability of the repair station manual to repair station
personnel. Repair stations would be required to provide the CHDO with a
current copy of the manual. Repair stations that provide electronic
versions of their manual would be required to provide the FAA with the
means to access the manual at the CHDO. In addition, except for
revisions to the capability list, each revision to the repair station
manual must be submitted to the Administrator for approval.
Section 145.207 Repair Station Manual Contents
This section would outline the minimum requirements for the
proposed repair station manual. The information specified includes the
majority of those items now described as acceptable by AC No. 145-3 for
inclusion in the current IPM. The proposed manual would be required to
include an organizational chart of management personnel, a roster of
inspection personnel, a description of the facility's operations, an
explanation of its quality assurance system, a description of its
training program, procedures for performing work at a location other
than the facility, procedures for self-evaluations, maintenance
functions contracted to an outside certificated facility or
noncertificated person, procedures for conducting work under
Sec. 145.7, a description of the facility's recordkeeping system, the
repair station's capability list, procedures for updating the
capability list, manual revision procedures, procedures for changes in
location and facilities of the repair station, and other information
required by the Administrator.
Section 145.209 Quality Control System and Procedures
This proposed section is based on current Sec. 145.45. The proposal
retains the basic requirements of that section and modifies certain
provisions relating to the use of inspection devices and the
[[Page 33158]]
conduct of inspection procedures. It modifies the current rule by
requiring inspection personnel to be skilled in operating inspection
equipment and to be able to interpret defects indicated by the
equipment at times when not just magnetic, fluorescent, or other
mechanical inspection devices are used, but when any inspection device
is used.
The proposed section would require that a repair station establish
specific procedures for the inspection of incoming raw materials and
articles, as well as inspection procedures for articles on which
contract maintenance or alterations are performed. Current
Sec. 145.45(f) requires that an applicant for a repair station
certificate provide a manual containing inspection procedures. The
manual must explain in detail the repair station's inspection system,
including the continuity of inspection responsibility. Although the
proposed manual requirements are included in proposed Sec. 145.207,
proposed Sec. 145.209(e) includes the inspection continuity
requirements by requiring (under the quality control system and
procedures) that the repair station ensure the continuity of inspection
responsibility for the facility. The repair station's inspection system
and procedures are part of its quality assurance system that would be
described in the proposed repair station manual.
Section 145.211 Inspection of Maintenance, Preventive Maintenance, or
Alterations Performed
This proposed section on inspection of maintenance, preventive
maintenance, or alteration is based on current Sec. 145.59 with no
substantive differences, but it has been expanded to address repair
stations located outside of the United States. It includes current
restrictions placed on repair stations located outside the United
States and on the supervisory and inspection personnel employed by
these repair stations.
Section 145.213 Contract Maintenance
The proposed section is based on current Sec. 145.47(c) and
establishes new requirements for a repair station when contracting for
services. These new requirements are described in detail under the
heading ``Contract Maintenance.''
Section 145.215 Privileges and Limitations of Certificate
The proposed section is based on current Sec. 145.51 and generally
retains the requirements of the current rule, except as noted. Proposed
Sec. 145.215(a) modifies current Sec. 145.51 (a) and (b) to include
references to preventive maintenance and to describe more accurately
the articles on which work can be performed. The proposed section also
would permit a repair station to arrange for the maintenance,
preventive maintenance, or alteration of any article for which it is
rated at another organization under its quality control system. The
proposal deletes the current references to the performance of 100-hour,
annual, or progressive inspections found in current Sec. 145.51(c).
This language has been removed because inspection is included in the
current Sec. 1.1 definition of maintenance. Because the current general
airframe rating would be eliminated under the proposal (limited ratings
would still remain available), a repair station with an aircraft rating
would be permitted to perform a 100-hour, annual, or progressive
inspection and approve an aircraft for return to service.
In addition, because the applicability section of the proposed rule
would permit a repair station to perform maintenance, preventive
maintenance, or alterations on any type of article, Sec. 145.215(b)(3)
would describe the method and technical data requirements for major
repairs or major alterations performed on experimental aircraft.
Section 145.217 Recordkeeping
This proposed section is based on current Secs. 145.61 and 145.79.
Proposed paragraph (a)(1) modifies the current rule by requiring all
repair stations to retain detailed records showing the make, model,
identification number, and serial number (when applicable) of the
article on which work was performed. The current 2-year record
retention requirement would be retained in paragraph (a)(2); however,
the proposal would specify that the period from which this time would
be measured would commence on the date on which the article was
approved for return to service, instead of the date on which the work
was performed. Proposed paragraph (a)(3) would require these records to
include a copy of the maintenance release. Proposed paragraph (a)(4)
would permit these records to be retained as actual work documents or
copies thereof, or through the use of an automated data processing
system protected from unauthorized use and access. Proposed paragraph
(b) would require that the repair station provide a copy of an
article's maintenance release, which must be retrievable in English, to
the owner or operator. Under the proposed rule, the repair station
could use as the maintenance release the record that it completes to
comply with Secs. 43.9 and 43.11 of this chapter.
Similar to current requirements of Secs. 91.417(c), 121.380(c), and
135.439(c), proposed Sec. 145.217(c) would require that a repair
station make available to the Administrator or any authorized
representative of the National Transportation Safety Board (NTSB) all
maintenance records required to be kept by proposed Sec. 145.217. The
proposed paragraph specifies that the records would be required to be
provided in English. The records would be required to be provided
either in paper format or, if in other than paper format, with the
means necessary to create a paper copy of the record.
Proposed paragraph (d) would specify those recordkeeping
requirements that apply to repair stations located outside the United
States.
Section 145.219 Reports of Defects or Unairworthy Conditions
Under current Sec. 145.63 or Sec. 145.79, repair stations are
required to submit reports of defects or unairworthy conditions to the
FAA. The FAA proposes to standardize the type of data reported under
the service difficulty reporting (SDR) system by specifically listing
in proposed Sec. 145.219(b) the information required when a repair
station submits a report. The required information would be consistent
with the type of service difficulty information that air carriers
operating under parts 121 and 135 are required to submit. To avoid a
duplication of reporting requirements, the repair station still would
not be required to submit this information to the FAA if the
information has been provided as a result of other regulatory
requirements.
Current Sec. 145.63(b) states that in cases where filing a report
of defects or unairworthy conditions might prejudice the repair
station, the repair station shall refer the matter to the FAA for a
determination as to whether a report is necessary. Because such a
condition does not appear in other parts of the regulations requiring
such reports, the FAA proposes to eliminate this condition from the
proposed rule.
Section 145.221 FAA Inspections
This proposed section is based on current Sec. 145.23 but is
expanded so that the FAA would be able to inspect repair stations'
contract maintenance providers. The proposal also would require that
arrangements for contractors' services include provisions for
inspection of the contractor by the FAA. The proposed rule would remove
the statement found in the current rule specifying that after an
inspection the
[[Page 33159]]
repair station is notified in writing of any defects found during the
inspection. This is common FAA practice and need not be specified in
regulatory language.
Appendix A Job Functions
Appendix A would continue to set forth the job functions and the
equipment requirements for repair stations except for those job
functions that are contracted out. The proposed appendix A is updated
and revised in accordance with the proposed ratings and classes for
repair stations. The deletion of those functions that may be contracted
out to another facility is described in detail above under the heading
``Job Functions.''
Paperwork Reduction Act
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
Information collection requirements in this proposed rule previously
have been approved by the Office of Management and Budget (OMB) under
the provisions of the Paperwork Reduction Act of 1980 (Public Law 96-
511) and have been assigned OMB Control Numbers 2120-0003 and 2120-
0010.
Regulatory Evaluation Summary
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 effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this proposal: (1) would
generate benefits that justify its costs and is a significant
regulatory action as defined by Executive Order 12866 and DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979)
because there has been considerable public interest in this subject;
(2) would not have a significant impact on a substantial number of
small entities; and (3) would not constitute a barrier to international
trade. These analyses, available in the docket, are summarized below.
Costs
The estimated net cost of compliance after subtracting cost savings
with the proposed amendment would be approximately $33.3 million (net
of cost savings) in 1996 dollars, discounted at 7 percent, over 11
years. The most costly requirement, which is in Sec. 145.201, relates
to operations and inspection procedures for quality assurance and
quality control systems and would result in repair stations incurring
discounted costs of $80.9 million. The most cost-saving requirement,
which is in Sec. 145.201, relates to a reduction in the number of
manuals that a repair station would be required to maintain and would
result in repair stations saving about $76.1 million discounted.
Benefits
The estimated quantifiable safety benefits of the proposed
amendment are approximately $54.9 million in 1996 dollars, discounted
at 7 percent, over 11 years. On an annual basis, an average of 6.9
total accidents would be avoided, preventing 2.2 fatalities, 1.7
serious injuries, and 2.7 minor injuries. The avoidance of 6.9
accidents would avert at a minimum the destruction of at least 4.7
general aviation aircraft and would avert substantial damage to 1.4
general aviation aircraft. Property damage to other types of aircraft
would also be averted.
International Trade Impact Statement
This proposed rule would not constitute a barrier to international
trade, including the export of U.S. goods and services to foreign
countries and the import of foreign goods and services into the United
States. The proposal affects repair stations located both within and
outside the United States. There are approximately 522 repair stations
listed in AC No. 140-7I that are located outside the United States;
they would be required to comply with each of the provisions applicable
to repair stations located within the United States. However, repair
stations located outside the United States would continue to be
permitted to employ individuals not certificated under part 65.
The proposal is not expected to affect trade opportunities for U.S.
firms doing business overseas or for foreign firms doing business in
the United States. Furthermore, the proposal is consistent with the
terms of several trade agreements to which the United States is a
signatory, such as the Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.), incorporating the Agreement on Trade in Civil Aircraft (31
U.S.C. 619) and the Agreement on Technical Barriers to Trade
(Standards) (19 U.S.C. 2531). Aircraft repair and maintenance services
are subject to general obligations and specific U.S. market access
commitments under the General Agreement on Trade in Services (GATS)
administered by the World Trade Organization (WTO). The proposed rule
is fully consistent with United States' obligations and commitments
under this treaty. The proposed revision to part 145 also is consistent
with 49 U.S.C. 40105, formerly Sec. 1102(a) of the Federal Aviation Act
of 1958, as amended, which requires the FAA to exercise and perform its
powers and duties consistently with any obligation assumed by the
United States in any agreement that may be in force between the United
States and any foreign country or countries.
Unfunded Mandates Reform Act Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified in 2 U.S.C. 1501-1571, 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 expenditures 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 would 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.
This proposed rule does not meet the cost thresholds described
above. Furthermore, this proposed rule would not impose a significant
cost on small
[[Page 33160]]
governments and would not uniquely affect those small governments.
Therefore, the requirements of Title II of the Unfunded Mandates Reform
Act of 1995 do not apply.
Initial 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 1980 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.
The initial determination is that the annual costs associated with
compliance with the proposed revision of part 145 would be less than
$5,000 per repair station and each affected manufacturer. For the type
of business entities covered by this proposed rule, these annual costs
are negligible. Therefore, the FAA certifies that the proposed revision
of part 145, would not have a significant economic impact, negative or
positive, on the repair stations or MMFs considered to be small
entities under the rule.
Federalism Implications
The regulations proposed 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
International Compatibility
In keeping with the U.S. obligation under the Convention of
International Civil Aviation, it is the FAA's policy to comply with the
Standards and Recommended Practices of the International Civil Aviation
Organization to the maximum extent practicable. For this notice, the
FAA has determined that this proposal, if adopted, would not present
any differences.
This proposed rule would provide nearly uniform requirements by the
FAA and the JAA for maintenance facilities that perform maintenance,
preventive maintenance, and alterations on aircraft, airframes,
aircraft engines, propellers, appliances, components, and parts.
Exceptions to these nearly uniform requirements are the FAA's
requirements for major repairs and major alterations to be performed in
accordance with technical data approved by the FAA, and the JAA's
requirements for each approved maintenance organization to designate an
accountable manager.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this
rulemaking action qualifies for a categorical exclusion.
Energy Impact
The energy impact of the proposed rule has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA) and
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined
that it is not a major regulatory action under the provisions of the
EPCA.
Cross Reference
To illustrate how the current regulations have been revised, and to
identify how the proposed rule relates to the current rule, the
following cross-reference tables are provided.
Cross-Reference Table
------------------------------------------------------------------------
Old section New section(s)
------------------------------------------------------------------------
145.1.............................. 145.1
145.2.............................. 145.7
145.3.............................. 145.5 and 145.9
145.11............................. 145.51 and 145.53
145.13............................. 145.51
145.15............................. 145.57 and 145.105
145.17............................. 145.55
145.19............................. 145.5
145.21............................. 145.105
145.23............................. 145.221
145.25............................. 145.9
145.31............................. 145.59
145.33............................. 145.59
145.35............................. 145.103
145.37............................. 145.103
145.39............................. 145.151 and 145.153
145.41............................. 145.155
145.43............................. 145.157
145.45............................. 145.201, 145.207, and 145.209
145.47............................. 145.111 and 145.213
145.49............................. 145.111
145.51............................. 145.107 and 145.215
[[Page 33161]]
145.53............................. 145.5 and 145.215
145.55............................. 145.101
145.57............................. 145.103 and 145.201
145.59............................. 145.211
145.61............................. 145.217
145.63............................. 145.219
145.71............................. 145.51
145.73............................. 145.5 and 145.215
145.75............................. 145.151 and 145.153
145.77............................. Deleted
145.79............................. 145.217 and 145.219
145.101............................ Deleted
145.103............................ Deleted
145.105............................ 145.201
Appendix A......................... Appendix A.
------------------------------------------------------------------------
Cross-Reference Table
------------------------------------------------------------------------
New section Old section(s)
------------------------------------------------------------------------
145.1.............................. 145.1
145.2.............................. New
145.3.............................. New
145.5.............................. 145.3, 145.19, and 145.53
145.7.............................. 145.2
145.9.............................. 145.3 and 145.25
145.11............................. New
145.51............................. 145.11, 145.13, and 145.71
145.53............................. 145.11 and 145.71
145.55............................. 145.15 and 145.17
145.57............................. 145.15
145.59............................. 145.31 and 145.33
145.61............................. New
145.101............................ 145.55
145.103............................ 145.35, 145.37, and 145.57
145.105............................ 145.21
145.107............................ 145.51
145.109............................ New
145.111............................ 145.47 and 145.49
145.151............................ 145.39 and 145.75
145.153............................ 145.39 and 145.75
145.155............................ 145.41
145.157............................ 145.43
145.159............................ New
145.201............................ 145.45, 145.57, and 145.105
145.203............................ New
145.205............................ New
145.207............................ 145.45
145.209............................ 145.45
145.211............................ 145.59
145.213............................ 145.47
145.215............................ 145.51 and 145.73
145.217............................ 145.61 and 145.79
145.219............................ 145.63 and 145.79
145.221............................ 145.23
Appendix A......................... Appendix A
------------------------------------------------------------------------
List of Subjects
14 CFR Part 11
Aircraft, Airmen, Aviation safety, Safety.
14 CFR Part 91
Aircraft, Airworthiness directives and standards, Aviation safety,
Safety.
14 CFR Part 121
Aircraft, Airmen, Airplanes, Airworthiness directives and
standards, Aviation safety, Safety.
14 CFR Part 135
Aircraft, Airplanes, Airworthiness, Airmen, Helicopters, Aviation
safety, Safety.
14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Recordkeeping and reporting, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 11, 91, 121, 135, and 145 of the
Federal Aviation
[[Page 33162]]
Regulations (14 CFR parts 11, 91, 121, 135, and 145) as follows:
PART 11--GENERAL RULEMAKING PROCEDURES
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701, 44702, 44711, 46102.
Sec. 11.101 [Amended]
2. Section Sec. 11.101(b) is amended by replacing the reference to
Sec. 145.63 in the chart with a reference to Sec. 145.219.
PART 91--GENERAL OPERATING AND FLIGHT RULES
3. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506, 46507, 47122, 47508, 47528,
47531.
4. Section 91.411 is amended by revising paragraphs (b)(2)(iii) and
(b)(2)(iv) and by removing paragraph (b)(2)(v) to read as follows:
Sec. 91.411 Altimeter system and altitude reporting equipment tests
and inspections.
* * * * *
(b) * * *
(2) * * *
(iii) A specialized service rating appropriate to the test to be
performed; or
(iv) An aircraft rating appropriate to the airplane or helicopter
to be tested; or
* * * * *
5. Section 91.413 is amended by revising paragraphs (c)(1)(i),
(c)(1)(ii), and (c)(1)(iii) and by removing paragraph (c)(1)(iv) to
read as follows:
Sec. 91.413 ATC transponder tests and inspections.
* * * * *
(c) * * *
(1) * * *
(i) An avionics rating, Class 3;
(ii) A limited avionics rating appropriate to the make and model
transponder to be tested;
(iii) A specialized service rating appropriate to the test to be
performed; or
* * * * *
6. Appendix A to part 91 is amended by revising section 4 paragraph
(b)(1)(ii) and by removing section 4 paragraph (b)(1)(iii) to read as
follows:
Appendix A to Part 91 Category II Operations: Manual, Instruments,
Equipment, and Maintenance
* * * * *
(4) * * *
(b) * * *
(1) * * *
(ii) An avionics rating.
* * * * *
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
7. 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.
8. Special Federal Aviation Regulation No. 36 is amended by
revising paragraph (2)(c) to read as follows:
SFAR No. 36
* * * * *
(2) * * *
(c) Contrary provisions of Sec. 145.215(b)(2) of the Federal
Aviation Regulations notwithstanding, the holder of a repair station
certificate under 14 CFR part 145 that is located in the United
States may perform a major repair on an article for which it is
rated using technical data not approved by the Administrator and
approve that article for return to service, if authorized in
accordance with this Special Federal Aviation Regulation. If the
certificate holder holds a rating limited to a component of a
product or article, the holder may not, by virtue of this Special
Federal Aviation Regulation, approve that product or article for
return to service.
* * * * *
9. Section 121.378 is amended by revising paragraph (a) to read as
follows:
Sec. 121.378 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations,
and required inspections performed by a certificated repair station
that is located outside the United States, each person who is directly
in charge of maintenance, preventive maintenance, or alterations, and
each person performing required inspections must hold an appropriate
airman certificate.
* * * * *
10. Section 121.709 is amended by removing the concluding text of
paragraph (b); redesignating paragraphs (c) and (d) as paragraphs (d)
and (e), respectively, and adding a new paragraph (c) to read as
follows:
Sec. 121.709 Airworthiness release or aircraft log entry.
* * * * *
(c) Notwithstanding paragraph (b)(3) of this section, after
maintenance, preventive maintenance, or alterations performed by a
repair station that is located outside the United States, the
airworthiness release or log entry required by paragraph (a) of this
section may be signed by a person authorized by that repair station.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
11. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44705, 44709,
44711, 44713, 44715, 44717, 44722.
12. Section 135.435 is amended by revising paragraph (a) to read as
follows:
Sec. 135.435 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations,
and required inspections performed by a certificated repair station
that is located outside the United States, each person who is directly
in charge of maintenance, preventive maintenance, or alterations, and
each person performing required inspections must hold an appropriate
airman certificate.
* * * * *
13. Section 135.443 is amended by redesignating paragraph (c) as
paragraph (d) and revising it; and redesignating the concluding text of
paragraph (b) as paragraph (c) and revising it to read as follows:
Sec. 135.443 Airworthiness release or aircraft maintenance log entry.
* * * * *
(c) Notwithstanding paragraph (b)(3) of this section, after
maintenance, preventive maintenance, or alterations performed by a
repair station that is located outside the United States, the
airworthiness release or log entry required by paragraph (a) of this
section may be signed by a person authorized by that repair station.
(d) Instead of restating each of the conditions of the
certification required by paragraphs (b) and (c) of this section, the
certificate holder may state in its manual that the signature of an
authorized certificated mechanic or repairman constitutes that
certification.
14. Part 145 is revised to read as follows:
PART 145--REPAIR STATIONS
Special Federal Aviation Regulations
SFAR No. 36 [Note]
[[Page 33163]]
Subpart A--General
Sec.
145.1 Applicability.
145.2 Certificate issued to a person in a country outside the
United States; certificate issued to a person in a country with
which the U.S. has a bilateral aviation safety agreement.
145.3 Definition of terms.
145.5 Certificate and operations specifications requirements.
145.7 Performance of maintenance, preventive maintenance,
alterations, and required inspections for certificate holders under
parts 121, 125, and 135; and for foreign air carriers or foreign
persons operating a U.S.-registered aircraft in common carriage
under part 129.
145.9 Advertising.
145.11 Deviation authority.
Subpart B--Certification
145.51 Application for certificate.
145.53 Issue of certificate.
145.55 Duration and renewal of certificate.
145.57 Amendment to or transfer of certificate.
145.59 Ratings and classes.
145.61 Transition to new system of ratings.
Subpart C--Facilities, Equipment, Materials, and Housing
145.101 General.
145.103 Facility and housing requirements.
145.105 Change of location, housing, or facilities.
145.107 Satellite repair stations.
145.109 Maintenance, preventive maintenance, and alterations
performed at satellite repair stations.
145.111 Equipment and material requirements.
Subpart D--Personnel
145.151 Personnel requirements.
145.153 Supervisory and inspection personnel requirements.
145.155 Recommendation of persons for certification as repairmen.
145.157 Records of management, supervisory, and inspection
personnel.
145.159 Training requirements.
Subpart E--Operating Rules
145.201 Quality assurance and quality control systems.
145.203 Capability list.
145.205 Repair station manual.
145.207 Repair station manual contents.
145.209 Quality control system and procedures.
145.211 Inspection of maintenance, preventive maintenance, or
alterations performed.
145.213 Contract maintenance.
145.215 Privileges and limitations of certificate.
145.217 Recordkeeping.
145.219 Reports of defects or unairworthy conditions.
145.221 FAA inspections.
Appendix A to Part 145--Job Functions
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44707, 44717.
Special Federal Aviation Regulation
SFAR No. 36
Editorial Note: For the text of SFAR No. 36, see part 121 of
this chapter.
Subpart A--General
Sec. 145.1 Applicability.
This part prescribes the rules governing the certification of, and
associated ratings and general operating rules for, repair stations
that perform maintenance, preventive maintenance, or alteration of any
aircraft, airframe, aircraft engine, propeller, appliance, or component
part thereof.
Sec. 145.2 Certificate issued to a person in a country outside the
United States; certificate issued to a person in a country with which
the U.S. has a bilateral aviation safety agreement.
(a) The Administrator may issue a repair station certificate to a
person in a country outside the U.S., if the Administrator finds that
the person complies with the requirements of this part.
(b) If the person is located in a country with which the U.S. has a
bilateral aviation safety agreement, the Administrator may base the
finding that the person complies with this part on a certification from
the civil aviation authority of that country; such certification must
be made in accordance with implementation procedures signed by the
Administrator or the Administrator's designee.
Sec. 145.3 Definition of terms.
For the purposes of this part, the following definitions apply:
(a) Accountable manager means the manager who has the corporate
authority for ensuring that all maintenance, preventive maintenance,
and alteration is carried out to the standards required by the
Administrator.
(b) Actual work documents means records that provide a detailed
description of the maintenance, preventive maintenance, and alteration
steps and procedures actually accomplished on a particular aircraft,
airframe, aircraft engine, propeller, appliance, component, or part
thereof, and that are signed by the individual performing or approving
the work.
(c) Approve for return to service means certification by a
certificated repair station representative that the maintenance,
preventive maintenance, or alteration performed on an aircraft,
airframe, aircraft engine, propeller, appliance, or component part
thereof was accomplished using the methods, techniques, and practices
prescribed in the current manufacturer's maintenance manual or
Instructions for Continued Airworthiness prepared by its manufacturer,
or by using other methods, techniques, and practices acceptable to the
Administrator.
(d) Approved data means technical information approved by the
Administrator.
(e) Article means any item, including but not limited to, an
aircraft, airframe, aircraft engine, propeller, appliance, accessory,
assembly, subassembly, system, subsystem, module, component, unit,
product, or part.
(f) Certificated means certificated by the Administrator.
(g) Certificate holding district office means the Flight Standards
District Office that has responsibility for administering the
certificate and is charged with the overall inspection of the
certificate holder's operation.
(h) Composite means structural materials made of substances,
including, but not limited to, wood, metal, ceramic, plastic, fiber-
reinforced materials, graphite, boron, or epoxy, with built-in
strengthening agents that may be in the form of filaments, foils,
powders, or flakes of a different material.
(i) Computer system means any electronic or automated system
capable of receiving, storing, and processing external data, and
transmitting and presenting such data in a usable form for the
accomplishment of a specific function.
(j) Consortium means the holder of a type certificate that forms a
combination or group of separate certificated repair stations to
perform maintenance, preventive maintenance, or alterations of that
type-certificated product and components thereof, and functions under a
single unified quality control and quality assurance system.
(k) Directly in charge. A person who is directly in charge is
assigned to a position in which he or she is responsible for the work
of a shop that performs maintenance, preventive maintenance,
alterations, or other functions affecting aircraft airworthiness. A
person who is directly in charge need not physically observe and direct
each worker constantly but must be available for consultation and
decision on matters requiring instruction or decision from higher
authority than that of the persons performing the work.
(l) Facility means a physical plant, including land, buildings, and
equipment, that provides the means for the performance of maintenance,
preventive maintenance, or alteration of any article.
[[Page 33164]]
(m) Housing means buildings, hangars, and other structures to
accommodate the necessary equipment and materials of a repair station
that
(1) Provide working space for the performance of the maintenance,
preventive maintenance, or alterations for which the repair station is
certificated and rated; and
(2) Provide structures for the proper protection of aircraft,
airframes, aircraft engines, appliances, components, parts, and
subassemblies thereof during disassembly, cleaning, inspection, repair,
alteration, assembly, and testing; and for the proper storage,
segregation, and protection of materials, parts, and supplies.
(n) Maintenance release means a repair station document signed by
an authorized repair station representative that states that the
article worked on is approved for return to service for the
maintenance, preventive maintenance, or alterations performed.
(o) Overhauled. An article can be properly described as
``overhauled'' if, by using methods, techniques, and practices
acceptable to the Administrator, the article has been disassembled,
cleaned, inspected, repaired as necessary, and reassembled, and it has
been tested in accordance with approved standards and technical data or
in accordance with current standards and technical data acceptable to
the Administrator that have been developed and documented by the holder
of the type certificate, supplemental type certificate, or a material,
part, process, or appliance approval under 14 CFR 21.305 of this
chapter.
(p) Signature means an individual's unique identification used as a
means of authenticating a maintenance record entry or maintenance
record. A signature may be handwritten, electronic, or any other form
acceptable to the Administrator.
Sec. 145.5 Certificate and operations specifications requirements.
(a) No person may operate as a certificated repair station without,
or in violation of, a repair station certificate or Operations
Specifications issued under this part.
(b) A certificated repair station may perform maintenance,
preventive maintenance, or alterations on an aircraft, airframe,
aircraft engine, propeller, appliance, component, or part thereof only
for which it is rated and within the limitations placed in its
Operations Specifications.
(c) The certificate issued to each certificated repair station must
be available on the premises for inspection by the public and the
Administrator.
(d) Operations Specifications issued to each certificated repair
station contain the following:
(1) The repair station certificate number;
(2) Class ratings;
(3) Limited ratings, to include makes, models, or parts;
(4) Specialized service ratings, to include the specification used;
(5) The air carrier's geographic authorization for repair stations
located outside of the United States; and
(6) Any other items the Administrator may require or allow to meet
a particular situation.
Sec. 145.7 Performance of maintenance, preventive maintenance,
alterations, and required inspections for certificate holders under
parts 121, 125, and 135; and for foreign air carriers or foreign
persons operating a U.S.-registered aircraft in common carriage under
part 129.
(a) Each certificated repair station that performs maintenance,
preventive maintenance, or alterations for an air carrier or commercial
operator having a continuous airworthiness maintenance program under
part 121 or part 135 of this chapter must, as applicable, comply with
(1) Sections 121.361, 121.365, 121.367, 121.371, 121.375, 121.377,
121.378, and 121.380 of this chapter as the part 121 certificate holder
is required to comply; or
(2) Sections 135.2, 135.411, 135.419, 135.421, 135.423, 135.425,
135.429, 135.433, 135.435, and 135.439 of this chapter as the part 135
certificate holder is required to comply.
(b) Each certificated repair station that performs maintenance,
preventive maintenance, or alterations under paragraph (a) of this
section must perform that work in accordance with the applicable
portions of the air carrier's or commercial operator's manual.
(c) Each certificated repair station that performs inspections on
airplanes under part 125 of this chapter must perform those inspections
in accordance with the approved inspection program for the operator of
the airplane.
(d) Each certificated repair station that performs maintenance,
preventive maintenance, or alterations for a foreign air carrier or
foreign person operating a U.S.-registered aircraft in common carriage
under part 129 of this chapter must perform that work in accordance
with a program approved by the Administrator.
(e) Notwithstanding the facility and housing requirements of
Sec. 145.103, the Administrator may grant approval for a certificated
repair station that is located at a line station for an air carrier
certificated under part 121 or part 135 of this chapter, or at a line
station for a foreign air carrier or foreign person operating a U.S.-
registered aircraft in common carriage under part 129 of this chapter
to perform line maintenance on any aircraft of that air carrier or
person, provided
(1) The repair station performs such line maintenance in accordance
with the operator's manual or approved program;
(2) The repair station has the necessary equipment, trained
personnel, and technical data to perform such line maintenance; and
(3) The repair station's Operations Specifications includes an
authorization to perform line maintenance.
Sec. 145.9 Advertising.
(a) No repair facility may advertise as a certificated repair
station until a repair station certificate has been issued to that
facility.
(b) No certificated repair station may make any statement, either
in writing or orally, about itself that is false or is designed to
mislead any person.
(c) Whenever the advertising of a repair station indicates that it
is certificated, the advertisement must clearly state the repair
station's certificate number.
Sec. 145.11 Deviation authority.
(a) The Administrator may, upon consideration of the circumstances
of a particular repair station, issue a deviation providing relief from
specified sections of this part, provided the Administrator finds that
the circumstances presented warrant the deviation and that a level of
safety will be maintained equal to that provided by the rule from which
the deviation is sought. This deviation authority will be issued as a
Letter of Deviation Authority.
(b) A Letter of Deviation Authority may be terminated or amended at
any time by the Administrator.
(c) A request for deviation authority must be made in a form and
manner acceptable to the Administrator and submitted to the FAA,
Associate Administrator for Regulation and Certification, 800
Independence Avenue SW., Washington, DC 20591, at least 60 days before
the date the deviation from specified sections in this part is
necessary for the intended maintenance, preventive maintenance, or
alteration. A request for deviation authority must contain a complete
statement of the circumstances and justification for the
[[Page 33165]]
deviation requested, and show that a level of safety will be maintained
equal to that provided by the rule from which the deviation is sought.
Subpart B--Certification
Sec. 145.51 Application for certificate.
(a) An application for a repair station certificate and rating must
be made on a form and in a manner prescribed by the Administrator, and
must include
(1) A copy of the applicant's repair station manual required by
Sec. 145.205 for approval by the Administrator;
(2) A list by type, make, or model, as appropriate, of the
aircraft, airframe, aircraft engine, propeller, appliance, component,
or part thereof, for which application is made;
(3) A statement signed by the accountable manager confirming that
the procedures described in the repair station manual are in place and
meet the requirements of the applicable Federal Aviation Regulations;
(4) An organizational chart of the repair station and a list of the
names and titles of managing and supervisory personnel;
(5) A description of the applicant's facilities, including the
physical address; and
(6) A list of the maintenance functions to be performed for the
repair station, under contract, by another repair organization/facility
under Sec. 145.213.
(b) The equipment, personnel, technical data, and housing and
facilities required for the certificate and rating for which the repair
station has applied, or for an additional rating, must be in place for
inspection at the time of certification by the Administrator.
(c) In addition to meeting the other applicable requirements for a
repair station certificate and rating, an applicant for a repair
station certificate and rating that is located outside the United
States must meet the requirements of this paragraph.
(1) The applicant must show that the repair station certificate
and/or rating is necessary for maintaining or altering:
(i) U.S.-registered aircraft, and aircraft engines, propellers,
appliances, components, or parts thereof for use on U.S.-registered
aircraft; or
(ii) Foreign-registered aircraft operated under the provisions of
part 121 or part 135 of this chapter, and aircraft engines, propellers,
appliances, components, or parts thereof for use on these aircraft.
(2) The applicant must furnish evidence that the fee prescribed by
the Administrator has been paid.
(3) The applicant must submit the documentation required by this
section in English.
(d) An applicant for a repair station certificate operated by a
consortium, which functions as a single organization with regard to
quality control and quality assurance, holds an approved type
certificate, and performs maintenance, preventive maintenance, and
alterations of that type-certificated product and components thereof,
must have the consortium's quality control and quality assurance
systems in place at each of its facilities.
(e) An application for an additional rating or renewal of a repair
station certificate must be made on a form and in a manner prescribed
by the Administrator. The application need include only that
information necessary to substantiate the change or renewal of the
certificate.
Sec. 145.53 Issue of certificate.
An organization is entitled to a repair station certificate with
appropriate ratings prescribing such Operations Specifications and
limitations as are necessary in the interest of safety when the
Administrator determines that the organization meets the applicable
requirements of this part.
Sec. 145.55 Duration and renewal of certificate.
(a) A certificate or rating issued to a repair station located in
the United States is effective from the date of issue until the repair
station surrenders it or the Administrator suspends or revokes it.
(b) A certificate or rating issued to a repair station located
outside the United States is effective from the date of issue until
(1) The last day of the 24th month after the date of issue,
(2) The repair station surrenders the certificate, or
(3) The Administrator suspends or revokes the certificate.
(c) The holder of a certificate that expires or is surrendered,
suspended, or revoked by the Administrator must return it to the
Administrator.
(d) A certificated repair station located outside the United States
that applies for a renewal of its repair station certificate must:
(1) Submit its request for renewal no later than 90 days before the
repair station's current certificate expires. If a request for renewal
is not made within this period, the repair station must follow the
application procedure prescribed by the Administrator.
(2) Send its request for renewal to the FAA office that has
jurisdiction over the station.
Sec. 145.57 Amendment to or transfer of certificate.
(a) If a repair station desires to amend, revise, or add a rating
to its certificate, it must apply for a change in its repair station
certificate on a form and in a manner prescribed by the Administrator.
(b) The privileges of a repair station certificate cannot be
transferred if the repair station is sold, leased, or otherwise
conveyed.
Sec. 145.59 Ratings and classes.
(a) Aircraft ratings. An aircraft rating on a repair station
certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations on an aircraft, including work
on the powerplant(s) of that aircraft up to, but not including,
overhaul as that term is defined in Sec. 145.3 under the following
classes:
(1) Class 1: Aircraft (other than rotorcraft and aircraft composed
primarily of composite material) of 12,500 pounds maximum certificated
takeoff weight or less.
(2) Class 2: Aircraft (other than rotorcraft and aircraft composed
primarily of composite material) over 12,500 pounds maximum
certificated takeoff weight and up to and including 75,000 pounds
maximum certificated takeoff weight.
(3) Class 3: Aircraft (other than rotorcraft and aircraft composed
primarily of composite material) over 75,000 pounds maximum
certificated takeoff weight.
(4) Class 4: Rotorcraft (other than rotorcraft composed primarily
of composite material) of 6,000 pounds maximum certificated takeoff
weight or less.
(5) Class 5: Rotorcraft (other than rotorcraft composed primarily
of composite material) over 6,000 pounds maximum certificated takeoff
weight.
(6) Class 6: Aircraft composed primarily of composite material of
12,500 pounds maximum certificated takeoff weight or less.
(7) Class 7: Aircraft composed primarily of composite material over
12,500 pounds maximum certificated takeoff weight.
(b) Powerplant ratings. A powerplant rating on a repair station
certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations of powerplants under the
following classes:
(1) Class 1: Reciprocating engines.
(2) Class 2: Turbopropeller and turboshaft engines.
(3) Class 3: Turbojet and turbofan engines.
(c) Propeller ratings. A propeller rating on a repair station
certificate
[[Page 33166]]
permits that repair station to perform maintenance, preventive
maintenance, or alterations of propellers under the following classes:
(1) Class 1: Fixed-pitch and ground-adjustable propellers.
(2) Class 2: Variable-pitch propellers.
(d) Avionics ratings. An avionics rating on a repair station
certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations of avionics equipment under the
following classes:
(1) Class 1: Communication equipment. Any radio transmitting or
receiving equipment, or both, used in aircraft to send or receive
communications, regardless of carrier frequency or type of modulation
used.
(2) Class 2: Navigational equipment. Any system used in aircraft
for navigation except equipment operated on pulsed radio frequency
principles.
(3) Class 3: Pulsed equipment. Any aircraft electronic system
operated on pulsed radio frequency principles.
(e) Computer systems ratings. A computer systems rating on a repair
station certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations of digital computer systems and
components thereof, that have the function of receiving external data,
processing such data, and transmitting and presenting the processed
data under the following classes:
(1) Class 1: Aircraft computer systems: Flight management, flight
control, and similar systems.
(2) Class 2: Powerplant computer systems:
Fuel control, electronic engine control, and similar systems.
(3) Class 3: Avionics computer systems: Electronic flight
instrument, navigation management, and similar systems.
(f) Instrument ratings. An instrument rating on a repair station
certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations of instruments under the
following classes:
(1) Class 1: Mechanical: Any diaphragm, bourdon tube, aneroid, or
optical or mechanically driven centrifugal instrument.
(2) Class 2: Electrical: Any self-synchronous and electrical
indicating instruments and systems.
(3) Class 3: Gyroscopic: Any instrument or system using gyroscopic
principles and motivated by air pressure or electrical energy.
(4) Class 4: Electronic: Any instrument whose operation depends on
transistors; lasers; fiber optics; solid-state, integrated circuits;
vacuum tubes; or similar devices.
(g) Accessory ratings. An accessory rating on a repair station
certificate permits that repair station to perform maintenance,
preventive maintenance, or alterations of accessory equipment under the
following classes:
(1) Class 1: Mechanical accessories that depend on friction,
hydraulics, mechanical linkage, or pneumatic pressure for operation.
(2) Class 2: Electrical accessories that depend on or produce
electrical energy.
(3) Class 3: Electronic accessories that depend on the use of
transistors; lasers; fiber optics; solid-state, integrated circuits;
vacuum tubes; or similar devices.
(4) Class 4: Auxiliary power units (APUs) that may be installed on
an aircraft as self-contained units to supplement the aircraft's
engines as a source of hydraulic, pneumatic, or electrical power.
(h) Limited ratings. Whenever deemed appropriate by the
Administrator, a repair station may be issued a limited rating for the
performance of maintenance, preventive maintenance, or alterations of a
particular make and model, or part thereof, of any of the following
articles:
(1) Aircraft,
(2) Airframes,
(3) Powerplants,
(4) Propellers,
(5) Avionics equipment,
(6) Computer systems,
(7) Instruments, and
(8) Accessories.
(i) Specialized service ratings. A specialized service rating may
be issued to a repair station to perform specific maintenance or
processes. The Operations Specifications of the repair station must
identify the specification used in performing that specialized service.
The specification may be
(1) A civil or military specification that is currently used by
industry and approved by the Administrator; or
(2) A specification developed by the repair station and approved by
the Administrator.
Sec. 145.61 Transition to new system of ratings.
(a) Except as provided in paragraph (b) of this section, a
certificated repair station with a certificate issued before [effective
date of the final rule], may exercise the privileges of that
certificate until [2 years after the effective date of the final rule].
(b) A certificated repair station with a certificate issued before
[effective date of the final rule] that makes an application to change
any portion of that certificate under Sec. 145.57 must meet all the
applicable requirements of this part and apply for and receive approval
for each rating under which the repair station desires to exercise
privileges.
Subpart C--Facilities, Equipment, Materials, and Housing
Sec. 145.101 General.
A certificated repair station must provide personnel, facilities,
equipment, and materials in quantity and quality that meet the
standards required for the issuance of the certificate and ratings that
the repair station holds.
Sec. 145.103 Facility and housing requirements.
(a) Each certificated repair station must provide suitable
facilities and housing so that the maintenance, preventive maintenance,
or alteration being performed is protected from weather elements, dust,
and heat; such facilities must include the following:
(1) Housing for the repair station's necessary equipment and
material.
(2) Space for the maintenance, preventive maintenance, or
alterations that the repair station performs under its rating.
(3) Facilities for properly storing, segregating, and protecting
materials, parts, and supplies.
(4) Facilities for properly protecting parts and subassemblies
during disassembly, cleaning, inspection, repair, alteration, and
assembly.
(5) Shop space where machine tools and equipment are kept and where
the largest amount of bench work is done. The shop space need not be
partitioned, but machines and equipment must be segregated whenever
(i) Machine or woodwork is performed near an assembly area where
chips or other material might inadvertently fall into assembled or
partially assembled work;
(ii) Unpartitioned cleaning units for parts are near other
operations;
(iii) Painting or spraying is performed in an area arranged so that
paint or paint dust could fall on assembled or partially assembled
work;
(iv) Paint spraying, cleaning, or machine operations are performed
near testing operations so that the precision of test equipment might
be affected; or (v) Determined necessary by the Administrator.
(6) Assembly space in an enclosed structure where the largest
amount of assembly work is done. The assembly space must be large
enough for the largest article on which work is to be performed.
(7) Storage facilities used exclusively for properly storing and
protecting parts
[[Page 33167]]
and raw materials, separated from shop and working space so that
(i) Only acceptable parts and supplies are used; and
(ii) Parts being assembled or disassembled or awaiting assembly or
disassembly will be stored and protected so as to minimize the
possibility of damage.
(8) Ventilation for the repair shop and the assembly and storage
areas so that the physical capability of workers is not impaired.
(9) Lighting for work being performed that does not adversely
affect the quality of work.
(10) Control of the temperature of the shop and assembly area so
that the quality of work is not affected. Whenever special maintenance
operations are being performed, the temperature and humidity control
must be adequate to ensure the airworthiness of the article being
maintained.
(b) A certificated repair station must meet the additional special
facility and housing requirements of this paragraph that apply to each
rating held by that repair station.
(1) Except as provided in paragraph (b)(2) of this section, a
repair station with an aircraft rating must provide suitable, permanent
housing to enclose the largest type and model of aircraft for which it
is rated.
(2) If a repair station is located where climatic conditions allow
the repair station to perform maintenance, preventive maintenance, or
alterations on aircraft outside, the repair station may use permanent
work docks if they meet the requirements of Sec. 145.103(a). These
permanent work docks must be acceptable to the Administrator.
(3) A repair station that performs maintenance, preventive
maintenance, or alterations on any article of composite construction
must meet acceptable process requirements.
(4) A repair station with either a powerplant or accessory rating
must
(i) Provide suitable trays, racks, or stands to separate complete
engine or accessory assemblies from each other during assembly and
disassembly; and
(ii) Ensure that parts are protected to prevent contaminants from
entering into or falling on such parts either before or during
assembly.
(5) A repair station with a propeller rating must provide suitable
stands, racks, or other fixtures to perform the maintenance, preventive
maintenance, or alteration, and to store propellers properly.
(6) A repair station with an avionics rating must provide suitable
storage facilities to ensure that parts and units that might
deteriorate from dampness or moisture are protected.
(7) A repair station with an avionics, instrument, or computer
system rating must provide a facility that meets the standards for
environmental control and protection from contaminants specified by the
equipment or system manufacturer.
(8) A repair station must meet any special facilities requirements
determined by the manufacturer and approved by the Administrator for an
article or system on which maintenance, preventive maintenance, or
alteration is performed.
(c) A certificated repair station may temporarily transport
material, equipment, and technical personnel that are necessary to
perform maintenance, preventive maintenance, alteration, or a certain
specialized service on an aircraft at a place other than that repair
station's fixed location, if the following requirements are met:
(1) The work is necessary due to a special circumstance, for
example, aircraft on ground, or preparation for a ferry flight, as
determined by the Administrator; and
(2) The repair station's manual includes the manner and procedures
for accomplishing maintenance, preventive maintenance, alteration, or a
specialized service at a place other than the repair station's fixed
location.
Sec. 145.105 Change of location, housing, or facilities.
(a) A certificated repair station may not make any change in its
location or any change, deletion, or addition to its housing or
facilities, whether the change is a new location, is a substantial
rearrangement of space within the present location, or involves moving
any of the housing or facilities that are required by Sec. 145.103,
unless the change is approved by the Administrator.
(b) The Administrator may prescribe the conditions, including any
limitations, under which a certificated repair station may operate
while it is changing its location, housing, or facilities.
(c) A certificated repair station may not operate at a new location
until approved by the Administrator.
Sec. 145.107 Satellite repair stations.
(a) A satellite repair station is a repair station with its
certificate issued by the Administrator that operates under the
managerial control of a parent certificated repair station. A satellite
repair station must
(1) Meet the requirements for each rating held by the satellite
repair station; and
(2) Prepare a repair station manual required by Sec. 145.205 that
is:
(i) Consistent with the parent certificated repair station's
manual; and
(ii) Approved by the FAA certificate holding district office.
(b) Unless the Administrator indicates otherwise, personnel and
equipment from a certificated repair station and from each of the
repair station's independent satellite repair stations may be cross-
utilized by the parent repair station or by any of its satellite repair
stations.
(c) A repair station located within the United States may not have
a satellite repair station located outside the United States.
(d) A repair station located outside of the United States may not
have a satellite repair station located within the United States.
Sec. 145.109 Maintenance, preventive maintenance, and alterations
performed at satellite repair stations.
The holder of a repair station certificate may perform maintenance,
preventive maintenance, or alterations at a satellite repair station if
a chief inspector or assistant chief inspector is designated for each
satellite repair station. That inspector must be available at the
satellite repair station or, if away from the premises, by telephone,
radio, or other electronic means.
Sec. 145.111 Equipment and material requirements.
(a) Except when work is being performed at an authorized satellite
facility, a certificated repair station must have, located on the
premises and under its full control, the equipment and material
necessary to perform the maintenance, preventive maintenance, or
alterations appropriate to the rating held by the repair station as set
forth in appendix A to this part. Such equipment and material must be
acceptable to the Administrator.
(b) A certificated repair station must ensure that all inspection
and test equipment used for product acceptance and/or for making a
finding of airworthiness is tested at regular intervals to ensure
correct calibration to a standard acceptable to the Administrator.
(c) Each certificated repair station performing work under a rating
other than a specialized service rating must have suitable tools and
equipment for the functions set forth in appendix A to this part, as
appropriate, for each rating held by the repair station. Repair
stations with limited ratings and specialized service ratings must be
equipped to perform the functions
[[Page 33168]]
applicable to the make and model of the article on which maintenance,
preventive maintenance, or alteration is performed. The tools and
equipment must be those recommended by the manufacturer of the article
on which the repair station performs maintenance, preventive
maintenance, or alteration, or tools and equipment that are equivalent
to the manufacturer's recommendation and acceptable to the
Administrator.
(d) A certificated repair station performing work under a
specialized service rating must have the appropriate technical data
prescribed by the specification or manufacturer for performing the
maintenance or alterations permitted by the specialized service rating.
Such data must be approved by the Administrator.
Subpart D--Personnel
Sec. 145.151 Personnel requirements.
(a) Each certificated repair station must:
(1) Designate an individual as the accountable manager;
(2) Have a sufficient number of personnel to plan and perform the
maintenance, preventive maintenance, or alterations for which the
repair station is rated; and
(3) Determine the abilities of its noncertificated employees to
perform maintenance operations, based on practical tests or employment
records.
(b) Each certificated repair station is responsible for ensuring
the satisfactory performance of work by its maintenance employees.
(c) Each certificated repair station must have a sufficient number
of employees who have detailed knowledge of the particular maintenance
function or technique for which the repair station is rated, based on
satisfactory training or applicable technical experience with the
article or technique involved.
Sec. 145.153 Supervisory and inspection personnel requirements.
(a) Each certificated repair station must provide a sufficient
number of trained personnel who can supervise and inspect the
maintenance, preventive maintenance, or alterations for which the
station is rated.
(b) Each supervisor must have direct supervision over working
groups but does not need to be experienced in supervision at the
management level.
(c) Whenever apprentices or students are used in working groups,
the repair station must provide at least 1 supervisor for each 10
apprentices or students, unless the apprentices or students are
integrated into groups of experienced workers.
(d) Each individual who is supervising a maintenance function in a
repair station must:
(1) Be appropriately certificated as a mechanic or repairman under
part 65 of this chapter when supervising a maintenance function in a
repair station located within the United States;
(2) Have had at least 18 months of practical experience in the
maintenance function that the individual is supervising; and
(3) Be adequately trained on maintenance of the article upon which
work is performed and be familiar with the procedures, practices,
inspection methods, materials, tools, and equipment used in the
maintenance, preventive maintenance, or alterations for which the
repair station is rated.
(e) At least one of the individuals in charge of maintenance
functions for a repair station with an aircraft rating must have
experience in the methods and procedures prescribed by the
Administrator for approving aircraft for return to service after
inspections required by Sec. 91.409 of this chapter.
(f) A certificated repair station that is located outside the
United States must have a sufficient number of supervisors and
inspectors who understand the regulations in this chapter, the FAA
Airworthiness Directives, and the manufacturers' maintenance and
service instructions for the articles on which the repair station
performs maintenance, preventive maintenance, or alterations. These
supervisors and inspectors:
(1) Are not required to have U.S. airman certificates issued under
this chapter;
(2) Are not considered to be airmen within the meaning of Title 49,
United States Code, with respect to work performed in connection with
their employment by such a repair station; and
(3) Must understand, read, and write the English language.
(g) The Administrator may evaluate the ability of any certificated
repair station supervisory or inspection personnel to meet the
requirements of this section by
(1) Inspecting that person's employment and experience records;
(2) Conducting an oral or practical test; or
(3) Any other method the Administrator elects.
Sec. 145.155 Recommendation of persons for certification as repairmen.
(a) An applicant for a repair station certificate or for an
additional rating on a current and valid repair station certificate who
chooses to use repairmen to satisfy the personnel requirements of this
part must:
(1) Recommend at least the required number of individuals for
certification as repairmen to meet the applicable requirements;
(2) Certify that each person recommended is employed by the repair
station and meets the requirements of Sec. 65.101 of this chapter; and
(3) Certify that each person recommended has the necessary training
and practical experience to perform the repair station work functions
for which repairman certification is required.
(b) The Administrator may evaluate any repairman's ability to meet
this section's requirements by:
(1) Inspecting that person's employment and experience records;
(2) Conducting an oral or practical test; or
(3) Any other method the Administrator elects.
Sec. 145.157 Records of management, supervisory, and inspection
personnel.
(a) Each certificated repair station must maintain the following:
(1) A roster of management and supervisory personnel, including the
names of the repair station officials who are responsible for its
management and the names of its technical supervisors;
(2) A roster with the names of all inspection personnel, including
the chief inspector;
(3) A roster of personnel authorized to sign a maintenance release
for approving an altered or repaired article for return to service;
(4) A summary of the employment of each individual whose name is on
the management, supervisory, and inspection personnel roster. The
summary must contain enough information on each individual listed on
the roster to show compliance with the experience requirements of this
part, including:
(i) Present title;
(ii) Total years of experience in type of maintenance work;
(iii) Past employment record with names of places and periods of
employment by month and year;
(iv) Scope of present employment; and
(v) If applicable, the type of mechanic or repairman certificate
held and the ratings on that certificate.
(b) The rosters required by this section must be kept current and
reflect changes caused by termination, reassignment, change in duties
or scope of assignment, or addition of personnel.
[[Page 33169]]
Sec. 145.159 Training requirements.
(a) Each certificated repair station must have an employee training
program that consists of initial and recurrent training and is approved
by the Administrator.
(b) The training program must ensure that each employee assigned to
perform maintenance, preventive maintenance, or alterations, and each
employee assigned to perform inspection functions is capable of
performing the assigned task.
(c) Each certificated repair station must document in a form
acceptable to the Administrator programs pertaining to individual
employee training. Individual training records for those employees who
require training under the requirements in paragraph (b) of this
section must be retained for the duration of each individual's
employment.
Subpart E--Operating Rules
Sec. 145.201 Quality assurance and quality control systems.
(a) Each certificated repair station must:
(1) Establish and maintain a quality assurance system acceptable to
the Administrator;
(2) Establish and maintain a quality control and inspection system
that ensures the airworthiness of the articles on which the repair
station or any of its contractors performs maintenance, preventive
maintenance, or alterations; and
(3) Describe the systems required by this paragraph in the repair
station's manual.
(b) Each certificated repair station must maintain and keep current
Airworthiness Directives, Instructions for Continued Airworthiness, and
service bulletins that relate to the articles on which that repair
station performs maintenance, preventive maintenance, or alterations.
(c) Each certificated repair station must possess all current
manufacturers' maintenance manuals relating to an article when that
repair station performs maintenance or alteration on the article.
Sec. 145.203 Capability list.
(a) Each certificated repair station must prepare and retain a
current capability list acceptable to the Administrator. The repair
station may not perform maintenance, preventive maintenance, or
alterations on an article until the article has been listed on the
capability list in accordance with this section and Sec. 145.207(g).
(b) The capability list must identify each article by make and
model, part number, or other nomenclature designated by the article's
manufacturer.
(c) An article may be listed on the capability list only if the
article is within the scope of the ratings and classes of the repair
station's certificate, and only after the repair station has performed
a self-evaluation in accordance with Sec. 145.207(g). The repair
station must perform the self-evaluation described in this paragraph to
determine that the repair station has all of the facilities, equipment,
material, technical data, processes, housing, and trained personnel in
place to perform the work on the article as required by part 145. If
the repair station makes that determination, it may list the article on
the capability list.
(d) The document of the evaluation described in paragraph (c) of
this section must be signed by the accountable manager and must be
retained on file by the repair station.
(e) Upon listing an additional article on its capability list, the
repair station must send a copy of the list to its certificate holding
district office.
Sec. 145.205 Repair station manual.
(a) Each certificated repair station must prepare, keep current,
and follow an approved repair station manual for the ratings authorized
that is consistent with the size and complexity of the repair station.
(b) The certificated repair station manual must:
(1) Set forth the procedures and policies approved by the
Administrator for the repair station's operation in accordance with the
requirements of this part; and
(2) Be followed by the repair station's personnel while conducting
station operations.
(c) Each certificated repair station must maintain at least one
copy of its current manual at its facility.
(d) A copy of the repair station's current manual must be made
readily available to repair station personnel required by subpart D of
this part.
(e) The repair station must provide to the certificate holding
district office:
(1) A current paper copy of the repair station manual; or
(2) A current electronic copy of the repair station manual that is
accompanied by the means to access the electronic copy.
(f) Except for changes to the capability list, each revision to the
repair station manual must be submitted to the Administrator for
approval.
Sec. 145.207 Repair station manual contents.
Each certificated repair station's manual must include the
following:
(a) An organizational chart containing the name of each management
employee who is authorized to act for the repair station, the
employee's assigned area of responsibility, and the employee's duties,
responsibilities, and authority;
(b) A roster of authorized inspection personnel who may approve an
article for return to service;
(c) A description of the certificated repair station's operations,
including a description of the facilities, equipment, material, and
housing as required by subpart C of this part;
(d) An explanation of the certificated repair station's quality
assurance system, including:
(1) The quality control system;
(2) References, where applicable, to the manufacturer's inspection
standards for a particular article, including reference to any data
specified by that manufacturer;
(3) A sample copy of the inspection forms and instructions for
completing such forms or a reference to a separate forms manual;
(4) Procedures for updating the capability list required by
Sec. 145.203, including notification of the certificate holding
district office; and
(5) Procedures for the implementation of corrective actions for any
discrepancies found by the quality assurance system;
(e) A description of the training program required by Sec. 145.159;
(f) Procedures to govern maintenance, preventive maintenance, or
alterations performed in accordance with Sec. 145.103(c);
(g) Procedures for self-evaluations, including methods and
frequency of such evaluations, and procedures for reporting results to
the accountable manager for review and action;
(h) A list of the maintenance functions contracted to an outside
facility with:
(1) The name of the facility;
(2) The type of certificate and ratings, if any, held by such
facility; and
(3) Procedures for qualifying and surveilling the facility and for
accepting maintenance, preventive maintenance, or alterations performed
by the facility;
(i) Procedures for maintenance, preventive maintenance, or
alterations performed under Sec. 145.7;
(j) A description of the required records and the recordkeeping
system used to obtain, store, and retrieve the required records;
(k) The repair station's capability list;
(l) Procedures necessary for revising the repair station's manual
to include the names of persons authorized to approve such revisions
before submitting the revision to the Administrator for approval;
[[Page 33170]]
(m) The date of the latest revision on each page;
(n) A list of effective pages;
(o) A table of contents and list of revisions to the repair station
manual with the date of each revision; and
(p) The procedures for changes in location and facilities of the
repair station.
Sec. 145.209 Quality control system and procedures.
(a) The inspection personnel for each certificated repair station
must be thoroughly familiar with all inspection methods, techniques,
and equipment used to determine the airworthiness of an article on
which the repair station performs maintenance, preventive maintenance,
or alterations.
(b) A certificated repair station's inspection personnel must:
(1) Maintain proficiency with the inspection aids used;
(2) Have available and understand FAA Airworthiness Directives,
service bulletins, and current specifications involving inspection
tolerances, limitations, and procedures established by the manufacturer
for the article the individual inspects; and
(3) In cases where maintenance inspection equipment is used, be
skilled in operating that equipment and be able to interpret defects
indicated by that equipment.
(c) Each certificated repair station must provide a satisfactory
method of inspecting incoming articles and materials. This system must
provide for:
(1) Inspection of raw materials and articles to ensure acceptable
quality and, where applicable, conformity with type design data;
(2) Inspection of those articles on which contract maintenance or
alterations were performed as provided for in Sec. 145.213 to ensure
that before such an article is placed in stock or installed in an
aircraft or part thereof, the article is in a good state of
preservation, is free from apparent defects or damage, is in conformity
with type design data, and is in condition for safe operation;
(3) A preliminary inspection system for all articles on which the
repair station performs maintenance, preventive maintenance, or
alterations to determine the state of preservation, locate defects, and
to ensure that any required records are present; and
(4) Entering the results of each inspection on the appropriate form
as set forth in the repair station's manual.
(d) Each certificated repair station must provide a system so that
any aircraft, airframe, aircraft engine, propeller, appliance,
component, or part thereof that has been involved in an accident is
inspected thoroughly for hidden damage before maintenance, preventive
maintenance, or alteration is performed. The repair station must enter
the results of this inspection on the inspection form required by
paragraph (c)(4) of this section.
(e) Each certificated repair station must ensure the continuity of
inspection responsibility for its facility.
Sec. 145.211 Inspection of maintenance, preventive maintenance, or
alterations performed.
(a) A certificated repair station must inspect each aircraft,
airframe, aircraft engine, propeller, appliance, component, or part
thereof upon which it has performed maintenance, preventive
maintenance, or alterations as described in paragraphs (b) and (c) of
this section before approving that article for return to service.
(b) Each repair station must certify on an article's maintenance
release that the article is airworthy with respect to the maintenance,
preventive maintenance, or alterations performed after:
(1) The repair station performs work on the article; and
(2) A qualified inspector inspects the article on which the repair
station has performed work and determines it to be airworthy.
(c) For the purposes of paragraphs (a) and (b) of this section, the
qualified inspector must:
(1) Be a certificated repair station designated employee who has
shown by experience an understanding of the inspection methods,
techniques, and equipment used to determine the airworthiness of the
article concerned;
(2) Be proficient in using the various types of maintenance and
visual inspection aids appropriate for the article being inspected; and
(3) If the certificated repair station is located outside the
United States, the inspector must meet the requirements of
Sec. 145.153(f).
(d) Except for individuals employed by a repair station located
outside the United States, only a certificated employee is authorized
to sign off on final inspections and maintenance releases for the
repair station.
Sec. 145.213 Contract maintenance.
(a) A certificated repair station may not contract a job function
to another certificated repair station unless:
(1) The contracting repair station meets the quality control and
inspection system requirements of 145.201(a)(2) and 145.209(c)(2), and
(2) The contracting repair station's approved repair station manual
contains the information and procedures specified in 145.207(h).
(b) A certificated repair station may not contract a job function
to a noncertificated person unless:
(1) The certificated repair station meets the quality control and
inspection system requirements of 145.201(a)(2) and 145.209(c)(2);
(2) The certificated repair station's approved repair station
manual contains the information and procedures specified in 145.207(h);
(3) The certificated repair station supervises or otherwise remains
directly in charge of the job function; and
(4) The certificated repair station verifies, by test and/or
inspection, that the job function has been satisfactorily performed by
the noncertificated person prior to approving the article for return to
service.
(c) A certificated repair station may not contract the maintenance,
preventive maintenance, or alteration of a complete type-certificated
product, and it may not provide only approval for return to service of
any article following contract maintenance.
Sec. 145.215 Privileges and limitations of certificate.
(a) A certificated repair station may:
(1) Perform maintenance, preventive maintenance, or alterations
only on any aircraft, airframe, aircraft engine, propeller, appliance,
component, or part thereof for which it is rated;
(2) Arrange for the maintenance, preventive maintenance, or
alteration of any article for which it is rated at another organization
only if that organization is under the quality control system of the
repair station, as prescribed by Sec. 145.201(a); and
(3) Approve for return to service only an article or component of
an article for which it is rated after maintenance, preventive
maintenance, or alteration has been performed.
(b) A certificated repair station may not approve for return to
service:
(1) Any aircraft, airframe, aircraft engine, propeller, appliance,
component, or part thereof unless the maintenance, preventive
maintenance, or alteration was performed in accordance with approved
technical data or data acceptable to the Administrator;
(2) Any aircraft, airframe, aircraft engine, propeller, or
appliance after a major repair or a major alteration unless the major
repair or major alteration was performed in accordance with approved
technical data; and
(3) Any experimental aircraft after a major repair or major
alteration unless the major repair or major alteration was
[[Page 33171]]
performed in accordance with methods and technical data acceptable to
the Administrator.
Sec. 145.217 Recordkeeping.
(a) Each certificated repair station located inside the United
States must retain adequate records and reports of maintenance,
preventive maintenance, and alterations performed on any aircraft,
airframe, aircraft engine, propeller, appliance, or component part. The
records and reports retained by a repair station must:
(1) Be sufficiently detailed to show the make, model,
identification number, and serial number (when applicable) of the
article involved;
(2) Be retained for a minimum of 2 years from the date on which the
article was approved for return to service;
(3) Include a copy of the maintenance release; and
(4) Be kept in the form of the actual work documents, or copies
thereof, or by means of an automated data processing system that is
protected from unauthorized use and access and that is acceptable to
the Administrator.
(b) Each certificated repair station must give a copy of the
maintenance release to the owner or operator of the article on which
maintenance, preventive maintenance, or alteration was performed. The
maintenance release given to the owner or operator must be retrievable
in English. The repair station may use as the maintenance release the
record that it completes to comply with Secs. 43.9 and 43.11 of this
chapter.
(c) Each certificated repair station must make all maintenance
records required to be kept by this section available for inspection by
the Administrator or any authorized representative of the National
Transportation Safety Board. The record must be provided in English,
either in paper format or, if provided in other than paper format, with
the means necessary to create a paper copy of the record.
(d) Certificated repair stations located outside the United States
must:
(1) Retain such records and reports as described in paragraph
(a)(1) through (4) of this section for at least 2 years with respect
to--
(i) U.S.-registered aircraft and aircraft engines, propellers,
appliances, or component parts for use on U.S.-registered aircraft; and
(ii) Foreign-registered aircraft operated under the provisions of
part 121 or part 135 of this chapter and aircraft engines, propellers,
appliances, or component parts for use on these foreign-registered
aircraft; and
(2) Meet the requirements of Appendixes A and B to part 43 of this
chapter, in the case of major repairs or major alterations.
Sec. 145.219 Reports of defects or unairworthy conditions.
(a) Each certificated repair station must meet the requirements of
paragraph (b) of this section within 72 hours after discovering any
serious defect in, or other recurring unairworthy condition of, any
aircraft, airframe, aircraft engine, propeller, appliance, or component
part on which the repair station performs maintenance, preventive
maintenance, or alterations under this part.
(b) Each repair station must report the defect or unairworthy
condition it discovers to the Administrator on a form and in a manner
prescribed by the Administrator. The report must include as much of the
following information as is available:
(1) Type, make, and model of the aircraft, airframe, aircraft
engine, propeller, appliance, or component part;
(2) Name and address of the operator;
(3) Date of the discovery of the serious defect or other recurring
unairworthy condition;
(4) Nature of the failure, malfunction, or defect;
(5) Identification of the article or system involved, including
available information on type designation of the article and time since
last overhaul;
(6) Apparent cause of the failure, malfunction, or defect (e.g.,
wear, crack, design deficiency, or personnel error); and
(7) Other pertinent information that is necessary for more complete
identification, determination of seriousness, or corrective action.
(c) The holder of a repair station certificate who is also the
holder of a part 121, 125, or 135 Certificate, Type Certificate
(including a Supplemental Type Certificate), Parts Manufacturer
Approval (PMA), or Technical Standard Order (TSO) authorization, or who
is the licensee of a Type Certificate holder, does not need to report a
failure, malfunction, or defect under this section if the failure,
malfunction, or defect has been reported under Secs. 21.3, 121.703,
125.409, or 135.415 of this chapter.
Sec. 145.221 FAA inspections.
Each certificated repair station must allow the Administrator to
inspect that repair station and any of its contract maintenance
facilities at any time to determine compliance with this chapter.
Arrangements for maintenance, preventive maintenance, or alterations by
a contractor must include provisions for inspections of the contractor
by the Administrator.
Appendix A to Part 145--Job Functions
Except for job functions that are contracted out, each
certificated repair station must provide equipment and material so
that the job functions listed in this appendix, as appropriate to
the class or limited rating held or applied for, can be performed as
required. The job functions are as follows:
(a) For an aircraft rating:
(1) Classes 1, 2, 3, 4, and 5:
(i) Metal skin and structural components:
(A) Repair and replace steel tubes and fittings using the proper
welding techniques, when appropriate.
(B) Apply anticorrosion treatment to the interior and exterior
of parts.
(C) Perform simple machine operations.
(D) Fabricate steel fittings.
(E) Repair and replace metal skin.
(F) Repair and replace alloy members and components.
(G) Assemble and align components using jigs or fixtures.
(H) Make up forming blocks or dies.
(I) Repair or replace ribs.
(ii) Wood structure:
(A) Splice wood spars.
(B) Repair ribs and spars.
(C) Align interior of wings.
(D) Repair or replace plywood skin.
(E) Apply treatment against wood decay.
(iii) Fabric covering:
Repair fabric surfaces.
(iv) Aircraft control systems:
(A) Repair and replace control cables.
(B) Rig complete control system.
(C) Replace and repair all control system components.
(D) Remove and install control system units and components.
(v) Aircraft systems:
(A) Replace and repair landing gear hinge-point components and
attachments.
(B) Maintain elastic shock absorber units.
(C) Conduct landing gear retraction cycle tests.
(D) Maintain electrical position-indicating and -warning
systems.
(E) Repair and fabricate fuel, pneumatic, hydraulic, and oil
lines.
(F) Diagnose electrical and electronic malfunctions.
(G) Repair or replace electrical wiring and electronic data
transmission lines.
(H) Install electrical and electronic equipment.
(I) Perform bench check of electrical and electronic components.
(This check is not to be confused with the more complex functional
test after overhaul.)
(vi) Assembly operations:
(A) Assemble aircraft components or parts, such as landing gear,
wings, and controls.
(B) Rig and align aircraft components, including the complete
aircraft and control system.
(C) Install powerplants.
(D) Install instruments and accessories.
(E) Assemble and install cowlings, fairings, and panels.
(F) Maintain and install windshields and windows.
[[Page 33172]]
(G) Jack or hoist complete aircraft.
(H) Balance flight control surfaces.
(vii) Nondestructive inspection and testing using dye penetrants
and magnetic, ultrasonic, radiographic, fluorescent, or holographic
inspection techniques.
(viii) Inspection of metal structures:
Inspect metal structures using appropriate inspection equipment
to perform the inspections required on an aircraft under this
chapter.
(2) Classes 6 and 7:
(i) In addition to having the capability to perform the
appropriate functions set forth for Class 1, 2, 3, 4, or 5 aircraft
ratings, a repair station holding a Class 6 or Class 7 aircraft
rating for composite aircraft must have the following equipment:
(A) Autoclave capable of providing positive pressure and
temperature consistent with materials used.
(B) Air circulating oven with vacuum capability.
(C) Storage equipment such as freezer, refrigerator, and
temperature-control cabinets or other definitive storage areas.
(D) Honeycomb core cutters.
(E) Nondestructive inspection equipment such as x-ray,
ultrasonic, or other types of acoustic test equipment as recommended
by the manufacturer.
(F) Cutting tools, such as diamond or carbide saws or router
bits, suitable for cutting and trimming composite structures.
(G) Scales adequate to ensure proper proportioning by weight of
epoxy adhesive and resins.
(H) Mechanical pressure equipment such as vacuum bagging or sand
bags, as appropriate.
(I) Thermocouple probes necessary to monitor cure temperatures.
(J) Hardness testing equipment using heat guns that are
thermostatically controlled for curing repairs.
(ii) Appropriate inspection equipment to perform inspection of
composite structures as recommended by the manufacturer and as
required for inspection of an aircraft under this chapter.
(b) Powerplant rating:
(1) Class 1:
(i) Maintain and alter powerplants, including replacement of
parts:
(A) Perform chemical and mechanical cleaning.
(B) Perform disassembly operations.
(C) Replace bushings, bearings, pins, and inserts.
(D) Perform heating operations that may involve the use of
recommended techniques that require controlled heating facilities.
(E) Perform chilling or shrinking operations.
(F) Remove and replace studs.
(G) Inscribe or affix identification information.
(H) Paint powerplants and components.
(I) Apply anticorrosion treatment for parts.
(ii) Inspect all parts, using appropriate inspection aids:
(A) Determine precise clearances and tolerances of all parts.
(B) Inspect alignment of connecting rods, crankshafts, and
impeller shafts.
(C) Inspect valve springs.
(iii) Accomplish routine machine work:
(A) Ream inserts, bushings, bearings, and other similar
components.
(B) Reface valves.
(iv) Accomplish assembly operations:
(A) Perform valve-and ignition-timing operations.
(B) Fabricate and test ignition harnesses.
(C) Fabricate and test rigid and flexible fluid lines.
(D) Prepare engines for long-or short-term storage.
(E) Hoist engines by mechanical means.
(2) Classes 2 and 3:
(i) In addition to having the capability to perform the
appropriate functions as required for a Class 1 powerplant rating, a
repair station holding a Class 2 or a Class 3 powerplant rating must
have the following equipment:
(A) Testing equipment.
(B) Surface treatment antigallant equipment.
(ii) Functional and equipment requirements recommended by the
manufacturer; and
(iii) Appropriate inspection equipment.
(c) Propeller rating:
(1) Class 1:
(i) Remove and install propellers.
(ii) Maintain and alter propellers, including installation and
replacement of parts:
(A) Replace blade tipping.
(B) Refinish wood propellers.
(C) Make wood inlays.
(D) Refinish plastic blades.
(E) Straighten bent blades within repairable tolerances.
(F) Modify blade diameter and profile.
(G) Polish and buff.
(H) Perform painting operations.
(iii) Inspect components using appropriate inspection aids:
(A) Inspect propellers for conformity with manufacturer's
drawings and specifications.
(B) Inspect hubs and blades for failures and defects using all
visual aids, including the etching of parts.
(C) Inspect hubs for wear of splines or keyways or any other
defect.
(iv) Balance propellers:
(A) Test for proper track on aircraft.
(B) Test for horizontal and vertical unbalance using precision
equipment.
(2) Class 2:
(i) Remove and install aircraft propellers, which may include
installation and replacement of parts.
(A) Perform all functions listed under Class 1 propellers when
applicable to the make and model propeller in this class.
(B) Properly lubricate moving parts.
(C) Assemble complete propeller and subassemblies using special
tools when required.
(ii) Inspect components using appropriate inspection aids for
those functions listed for Class 1 propellers under paragraph
(c)(1)(iii) of this appendix when applicable to the make and model
of the propeller being worked on.
(iii) Repair or replace components or parts:
(A) Replace blades, hubs, or any of their components.
(B) Repair or replace anti-icing devices.
(C) Remove nicks or scratches from metal blades.
(D) Repair or replace electrical propeller components.
(iv) Balance propellers, including those functions listed for
Class 1 propellers under paragraph (c)(1)(iv) of this appendix when
applicable to the make and model of the propeller being worked on.
(v) Test propeller pitch-changing mechanism:
(A) Test hydraulically operated propellers and components.
(B) Test electrically operated propellers and components.
(d) Avionics rating:
(1) Classes 1, 2, and 3:
(i) Perform physical inspection of avionics systems and
components by visual and mechanical methods.
(ii) Perform electrical inspection of avionics systems and
components by means of appropriate electrical and/or electronic test
instruments.
(iii) Check aircraft wiring, antennas, connectors, relays, and
other associated avionics components to detect installation faults.
(iv) Check engine ignition systems and aircraft accessories to
determine sources of electrical interference.
(v) Check aircraft power supplies for adequacy and proper
functioning.
(vi) Remove, repair, and replace aircraft antennas.
(vii) Measure transmission-line attenuation.
(viii) Measure audio and radio frequencies to appropriate
tolerances and perform calibration necessary for proper operation,
as appropriate.
(ix) Measure avionics component values such as inductance,
capacitance, and resistance.
(x) Determine wave forms and phase in avionics equipment when
applicable.
(xi) Determine proper aircraft avionics antenna, lead-in, and
transmission-line characteristics and determine proper locations for
type of avionics equipment to which the antenna is connected.
(xii) Determine the operational condition of avionics equipment
installed in aircraft by using appropriate portable test apparatus.
(xiii) Test all types of transistors; solid-state, integrated
circuits; or similar devices in equipment appropriate to the class
rating.
(2) Class 1:
In addition to having the capability to perform the job
functions listed in paragraph (d)(1):
(i) Test and repair headsets, speakers, and microphones.
(ii) Measure radio transmitter power output.
(iii) Measure modulation values, noise, and distortion in
communication equipment.
(3) Class 2:
In addition to having the capability to perform the job
functions listed in paragraph (d)(1):
(i) Test and repair headsets.
(ii) Test speakers.
(iii) Measure loop antenna sensitivity by appropriate methods.
(iv) Calibrate to approved performance standards any radio
navigational equipment, en route and approach aids, or similar
equipment, as appropriate to this rating.
[[Page 33173]]
(4) Class 3:
(i) In addition to having the capability to perform the job
functions listed in paragraph (d)(1):
(ii) Measure transmitter power output.
(e) Computer systems rating:
(1) Classes 1, 2, and 3:
(i) Maintain computer systems in accordance with manufacturer's
specifications, test requirements, and recommendations.
(ii) Remove, maintain, and replace computer systems in aircraft.
(iii) Inspect, test, and calibrate computer system equipment,
including software.
(2) [Reserved].
(f) Instrument rating:
(1) Class 1:
(i) Diagnose instrument malfunctions of the following
instruments:
(A) Rate-of-climb indicators.
(B) Altimeters.
(C) Airspeed indicators.
(D) Vacuum indicators.
(E) Oil pressure gauges.
(F) Fuel pressure gauges.
(G) Hydraulic pressure gauges.
(H) Deicing pressure gauges.
(I) Pitot-static tube.
(J) Direct indicating compasses.
(K) Accelerometer.
(L) Direct indicating tachometers.
(M) Direct reading fuel quantity gauges.
(ii) Inspect, test, and calibrate the instruments listed under
paragraph (f)(1)(i) of this appendix on and off the aircraft, as
appropriate.
(2) Class 2:
(i) Diagnose instrument malfunctions of the following
instruments:
(A) Tachometers.
(B) Synchroscope.
(C) Electric temperature indicators.
(D) Electric resistance-type indicators.
(E) Moving magnet-type indicators.
(F) Resistance-type fuel indicators.
(G) Warning units (oil and fuel).
(H) Selsyn systems and indicators.
(I) Self-synchronous systems and indicators.
(J) Remote indicating compasses.
(K) Quantity indicators.
(L) Avionics indicators.
(M) Ammeters.
(N) Voltmeters.
(O) Frequency meters.
(ii) Inspect, test, and calibrate instruments listed under
paragraph (f)(2)(i) of this appendix on and off the aircraft, as
appropriate.
(3) Class 3:
(i) Diagnose instrument malfunctions of the following
instruments:
(A) Turn and bank indicators.
(B) Directional gyros.
(C) Horizon gyros.
(ii) Inspect, test, and calibrate instruments listed under
paragraph (f)(3)(i) of this appendix on and off the aircraft, as
appropriate.
(4) Class 4:
(i) Diagnose instrument malfunctions of the following
instruments:
(A) Capacitance-type quantity gauge.
(B) Laser gyros.
(C) Other electronic instruments.
(ii) Inspect, test, and calibrate instruments listed under
paragraph (f)(4)(i) of this appendix on and off the aircraft, as
appropriate.
(g) Accessory rating:
(1) Classes 1, 2, 3, and 4:
(i) Perform the following functions in accordance with the
manufacturers specifications and recommendations:
(A) Diagnose accessory malfunctions.
(B) Maintain and alter accessories, including installing and
replacing parts.
(C) Inspect, test, and calibrate accessories on and off the
aircraft, as appropriate.
(ii) [Reserved].
(2) [Reserved].
Issued in Washington, DC, on June 11, 1999.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 99-15383 Filed 6-16-99; 8:45 am]
BILLING CODE 4910-13-P
