[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Rules and Regulations]
[Page 15580-15583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 145
[Docket No. FAA-1999-5836]
RIN 2120-AI60
Repair Stations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; delay of effective date.
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SUMMARY: The FAA is delaying the effective date of the final rule
requiring each repair station to have an approved training program.
This action is necessary because applicable guidance material is not
yet available to assist repair stations in developing their programs.
The delayed date will give repair stations sufficient time to develop
their programs and will give the FAA time to evaluate and approve them.
DATES: The effective date of Sec. 145.163 published at 66 FR 41117
(August 6, 2001) is delayed until April 6, 2006. The amendments in this
final rule become effective April 6, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Herbert E. Daniel, Aircraft
Maintenance Division, General Aviation and Repair Station Branch (AFS-
340), Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591; facsimile (202) 267-5115; e-mail
Herbert.E.Daniel@faa.gov or by telephone at (202) 267-3109; or Mr. Dan
Bachelder, AFS-340, at the address or facsimile listed above or e-mail
Dan.Bachelder@faa.gov or by telephone at (202) 267-7027.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
title 49, subtitle VII, part A, subpart III, section 44701, General
requirements, and section 44707, Examining and rating air agencies.
Under section 44701, the FAA may prescribe regulations and standards in
the interest of safety for inspecting, servicing, and overhauling
aircraft, aircraft engines, propellers, and appliances. It may also
prescribe equipment and facilities for, and the timing and manner of,
inspecting,
[[Page 15581]]
servicing, and overhauling. Under section 44707, the FAA may examine
and rate repair stations.
This regulation is within the scope of section 44701 since it
pertains to the new requirement for repair stations to have FAA-
approved training programs in the interest of enhancing safety. The
regulation is within the scope of section 47707 since it will assist
repair stations in developing better training programs by allowing them
to develop those programs based on FAA-issued guidance materials.
The Final Rule
On July 30, 2001, the FAA issued a final rule to update and revise
repair station regulations (66 FR 41088, August 6, 2001). In that
rulemaking action, the FAA established a new requirement that each
repair station have an employee training program approved by the FAA
that consists of initial and recurrent training. In the preamble to the
final rule, the FAA stated, ``Before the effective date of the final
rule, the FAA will issue advisory material regarding the required
training program.'' The effective date for the new training
requirements was set two years after the effective date of the revised
rule for repair stations to provide repair stations time to develop
their programs. The new training requirements are scheduled to become
effective on April 6, 2005.
On December 22, 2004, the FAA published a Notice of Availability of
draft Advisory Circular AC 145-RSTP. This document would provide
guidance to repair stations for their training programs. In response to
multiple comments from industry associations, the FAA has extended the
comment period to March 22, 2005 (70 FR 3243; January 21, 2005). The
extended comment period will enable repair station operators to submit
meaningful comments on whether the guidance material is useful in
developing training programs that comply with Sec. 145.163.
When the comment period closes, the FAA will review the comments.
We expect commenters will have meaningful suggestions for improving the
guidance. We also expect that some commenters will call attention to
new training technologies that would benefit a training program. The
FAA will need time to consider the comments and to incorporate
meaningful changes into AC 145-RSTP that will benefit these smaller
entities in the development of their training programs.
Further, due to recent events in the European Union, the European
Commission (EC) has passed and implemented commission regulation 2042/
2003. This regulation also impacts the domestic United States by
requiring all European-registered aircraft to be maintained in
accordance with annex 2, part 145. The FAA recognizes that 1,275 US-
based 14 CFR part 145 repair stations are also approved under EC
regulation 2042 and are now required to meet the repair station manual
supplement requirements of EC 2042, hereinafter referred to as European
Aviation Safety Agency (EASA) part 145. This new requirement to
transition from the former Joint Aviation Authority (JAA) to EASA part
145 will require many US-based repair stations to revise their current
JAA supplements to the EASA part 145 supplement requirements.
Concurrently with its review and evaluation of the U.S.-certificated
repair stations' training programs, the FAA also must allot resources
to review and accept these EASA part 145 manual supplement revisions.
In light of these developments and the United States' international
agreements, as well as FAA international obligations, the FAA finds
that implementing the Sec. 145.163 training program and EASA
supplement to repair station manuals by April 6, 2005 would impose a
significant burden on the repair station industry as well as the FAA.
Delaying the effective date of 14 CFR 145.163 for 12 months will
have the ancillary benefit of reducing the burden on the 1,275 U.S.-
based repair stations that must meet the EASA part 145 manual
supplement requirements. They will have additional time in which to
develop both those revisions and the training programs required by
Sec. 145.163. Similarly, the extension will provide additional time
for the FAA to review them.
In summary, the FAA is delaying the effective date of 14 CFR
145.163 for 12 months because:
1. We have extended the comment period on the proposed guidance
material and, therefore, have not yet issued the final guidance, and
2. We want to adhere as closely as possible to a transition period
between the time the guidance is issued and the effective date of the
rule. The additional time will enable repair stations to use that
guidance material when it becomes available in developing their
programs.
Paperwork Reduction Act
There are no new requirements for information collection associated
with this amendment.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Good Cause for ``No Notice''
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize
agencies to dispense with certain notice procedures for rules when they
find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
FAA finds that notice and public comment on this final rule are
impracticable. For the APA, ``impracticable'' means that, if notice and
comment procedures were followed, they would defeat the purpose of the
rule. As explained previously, the purpose of this final rule is to
extend the effective date for the repair station training requirements
from April 6, 2005, to April 6, 2006. Coordinating and issuing
rulemaking documents will take time under current procedures. We cannot
issue a notice, receive comments, and issue a final rule before the
current effective date. Repair stations will also need adequate time
before the effective date to develop their training programs following
guidance to be provided by the FAA. Therefore, any delay in issuing
this final rule would subject repair stations to confusion and the
expense of trying to establish training programs hurriedly without
final guidance from the FAA. Therefore, it is ``impracticable'' to
provide notice and opportunity to comment.
Good Cause for Immediate Adoption
In accordance with 5 U.S.C. 553(b)(3)(B), FAA finds good cause for
issuing this rule without prior notice and comment. Seeking public
comment is impracticable, unnecessary, and contrary to the public
interest. This delay of effective date will give repair stations
sufficient time to use FAA guidance material in preparing to operate
under the amended regulations for repair stations. Given the imminence
of the effective date, seeking prior public comments on this temporary
delay would have been impracticable, as well as contrary to the public
interest in the orderly promulgation and implementation of this rule.
[[Page 15582]]
Economic Evaluation, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only if the agency makes a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) bans agencies
from setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, the Trade
Act requires agencies to consider international standards. Where
suitable, the Trade Act directs agencies to use those international
standards as the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules. This
requirement applies only to rules that include a Federal mandate on
State, local, or tribal governments, likely to result in a total
expenditure of $100 million or more in any one year (adjusted for
inflation). In conducting these analyses, the FAA determines that this
rule:
(1) Has benefits which justify its costs and is not a ``significant
regulatory action'' as defined in the Executive Order and as defined in
DOT's Regulatory Policies and Procedures;
(2) Will not have a significant impact on a substantial number of
small entities;
(3) Has minimal effects on international trade; and
(4) Does not impose an unfunded mandate on State, local, or tribal
governments or on the private sector.
Economic Summary
This rule delays the effective date for repair stations to
establish their training programs in accordance with Sec. 145.163.
This action is necessary because applicable guidance material is not
yet available to assist repair stations in developing their programs.
The extended date will give repair stations sufficient time to develop
their programs and will give the FAA time to evaluate and approve
them.There will also be a decrease in overall paperwork and costs if
this rule has the extended effective date.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
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 the regulation.'' To achieve that principle, the RFA requires
agencies to solicit and consider flexible regulatory proposals to
explain the rationale for their actions. The RFA covers a wide-range of
small entities, including small businesses, not-for-profit
organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The certification must include a statement providing
the factual basis for this determination, and the reasoning should be
clear.
This final rule merely delays the effective date for Sec. 145.163.
Its economic impact is minimal. Therefore, we certify that this action
will not have a significant economic impact on a substantial number of
small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it has only a
domestic impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in a $100 million or more expenditure (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we have determined that this final rule does not
have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312(d) and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Recordkeeping and reporting requirements, Safety.
[[Page 15583]]
The Amendment
0
For the reasons set forth above, the Federal Aviation Administration is
delaying the effective date of 14 CFR 145.163 and amending part 145 as
follows:
PART 145--REPAIR STATIONS
0
1. The authority citation for part 145 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717.
0
2. Revise Sec. 145.163(a) introductory text to read as follows:
Sec. 145.163 Training requirements.
(a) A certificated repair station must have an employee training
program approved by the FAA that consists of initial and recurrent
training. For purposes of meeting the requirements of this paragraph,
beginning April 6, 2006--
* * * * *
Issued in Washington, DC, on March 17, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-5856 Filed 3-22-05; 3:29 pm]
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