[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 59192-59195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29300]



[[Page 59191]]

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Part III





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 121, 135 and 145



Special Federal Aviation Regulation No. 36, Development of Major Repair 
Data; Proposed Rule

  Federal Register / Vol. 63, No. 211 / Monday, November 2, 1998 / 
Proposed Rules  

[[Page 59192]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 135, and 145

[Docket No. FAA-1998-4654; Amendment No. SFAR 36-7; Notice No. 98-15]
RIN 2120-AG64


Special Federal Aviation Regulation No. 36, Development of Major 
Repair Data

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This proposed rule would amend and extend Special Federal 
Aviation Regulation (SFAR) No. 36, which provides that holders of 
authorized repair station or aircraft operating certificates may 
approve aircraft products or articles for return to service after 
accomplishing major repairs using self-developed repair data that have 
not been directly approved by the FAA. Extension of the regulation 
would continue to provide, for those that qualify, an alternative from 
the requirement to obtain direct FAA approval of major repair data on a 
case-by-case basis.

DATES: Comments must be received on or before December 2, 1998.

ADDRESSES: Comments on this proposed rulemaking should be mailed or 
delivered, in duplicate, to: U.S. Department of Transportation Dockets, 
Docket No. FAA-1998-4654, 400 Seventh Street, SW., Room Plaza 401, 
Washington, DC 20590. Comments may also be sent electronically to the 
following Internet address: [email protected]. Comments may be filed 
and/or examined in Room Plaza 401 between 10 a.m. and 5 p.m. weekdays 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carol Martineau, Policy and Procedures 
Branch, Aircraft Engineering Division, AIR-110, Federal Aviation 
Administration, 800 Independence Ave., SW., Washington DC. 20591, 
telephone: (202) 267-9568.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments relating to the environmental, energy, federalism, 
or economic impact that may result from adopting the proposals in this 
document are also invited. Substantive comments should be accompanied 
by cost estimates. Comments must identify the regulatory docket or 
notice number and be submitted in triplicate to the Rules Docket 
address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning this 
rulemaking will be filed in the docket. The docket is available for 
public inspection before and after the closing date for receiving 
comments.
    All comments received on or before the closing date will be 
considered by the Administrator before taking action on this proposed 
rulemaking. Late-filed comments will be considered to the extent 
practicable. The proposals contained 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-1998-4654.'' 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's electronic bulletin board 
service (telephone: 202-512-1661), or the FAA's Aviation Rulemaking 
Advisory Committee Bulletin Board service (telephone: (800) 322-2722 or 
(202) 267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Government Printing Office's webpage at 
http://www.access.gpo.gov/nara for access to recently published 
rulemaking documents.
    Any person may obtain a copy of this NPRM 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 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, that 
describes the application procedure.

Background

    The FAA proposes to extend the termination date of and amend 
Special Federal Aviation Regulation (SFAR) No. 36, which allows 
authorized certificate holders (domestic repair stations, air carriers, 
air taxi operators of large aircraft, and commercial operators of large 
aircraft) to approve aircraft products and articles for return to 
service after accomplishing major repairs using data developed by the 
holder that have not been directly approved by the FAA. Currently, more 
than 25 air carrier and domestic repair station certificate holders 
have SFAR 36 authorizations that will expire on January 23, 1999.

History

    Prior to the adoption of SFAR 36, certificate holders that were 
qualified to make repairs were required to obtain FAA approval on a 
case-by-case basis for data they had developed to perform major 
repairs. The only alternative to the time-consuming, case-by-case 
approval method was to petition for and obtain an exemption granting 
relief from the regulation. The number of exemptions being granted 
indicated that revisions to the regulations were necessary; SFAR 36 was 
adopted on January 23, 1978, as an interim rulemaking action. Adoption 
of the SFAR eliminated the requirement for authorized certificate 
holders to petition for exemption from the regulation, and allowed the 
FAA additional time to obtain the information necessary to develop a 
permanent rule change. Most of the affected certificate holders, 
however, did not use the provisions of SFAR 36 until it was well into 
its second year and nearing its expiration date of January 23, 1980. 
Since the FAA did not yet have sufficient data upon which to base a 
permanent rule change, the termination date for SFAR 36 was extended to 
January 23, 1982. To date, SFAR 36 has been extended four times.
    The Aviation Rulemaking Advisory Committee (ARAC) is currently 
working on a proposal for permanent regulatory action. By the end of 
1998, ARAC plans to submit a proposal to the FAA detailing a means of 
establishing an Organization Designation Authorization program which 
would expand and further standardize the approval functions of the FAA 
designee system. The ARAC recommendation will propose that certain 
functions and procedures, including those covered by SFAR 36, be 
terminated and that current authorization holders be allowed to apply 
for an Organization Designation Authorization. SFAR 36 is being

[[Page 59193]]

extended an additional 5 years to allow time for the ARAC proposal to 
be fully developed and implemented.

Synopsis of the Rule

Section 1

    Aircraft ``product,'' ``article,'' and ``component'' are defined 
for the purpose of the SFAR. The definitions clarify the scope of an 
authorization holder's return to service authority.

Section 2

    Paragraph (a) of section 2 describes the general provisions of the 
current SFAR applicable to the individual types of eligible certificate 
holders. This proposed rule would amend paragraph (a) to reflect 
changes in the regulations as a result of the Commuter Rule, which 
became effective on December 20, 1995. Paragraph (b) of section 2 is 
deleted and reserved to remove references to part 127. Part 127 was 
removed from the regulations when the Commuter Rule became effective. 
Paragraph (c) of section 2 states that an SFAR 36 authorization does 
not expand the scope of authority of a repair station certificate 
holder; for example, the authorization does not give a repair station 
return to service authority for any article for which it is not rated, 
nor can the authorization change the articles a repair station is rated 
to repair.

Section 3

    Section 3 states that an authorized certificate holder may approve 
an aircraft product or article for return to service after 
accomplishing a major repair, using data not approved by the 
Administrator, only in accordance with the amended SFAR. Section 3 
requires that the data used to perform the major repair be developed 
and ``approved'' in accordance with the holder's authorization and 
procedures manual. Section 3 also permits an authorization holder to 
use its developed repair data on a subsequent repair of the same type 
of product or article. For each subsequent repair, the holder must 
determine that accomplishment of the repair, using previously developed 
data, will return the product or article to its original or properly 
altered condition and will conform to all applicable airworthiness 
requirements. In addition, each subsequent use of the data must be 
recorded in the authorization holder's SFAR records.

Section 4

    Section 4 describes the procedures for applying for an SFAR 36 
authorization.

Section 5

    Section 5 identifies the requirements a certificate holder must 
meet to be eligible for an SFAR 36 authorization. This proposed rule 
would amend Paragraph (a)(1) to delete the reference to part 127 and 
section 135.2, which were removed from the regulations when the 
Commuter Rule became effective on December 20, 1995. Paragraphs (a)(2), 
(a)(3), and (b) define the personnel required. Paragraph (c) contains 
the reporting requirement of the current SFAR that pertains to changes 
that could affect the holder's continuing ability to meet the SFAR 
requirements.

Section 6

    Section 6 describes the requirement for an approved procedures 
manual and what information the procedures manual must contain. 
Paragraph (c) of section 6 requires that an authorization holder that 
experiences a change in procedures or staff obtain and record FAA 
approval of the change in order to continue to approve products or 
articles for return to service under the SFAR.

Section 7

    Section 7 sets forth the duration of the authorization. All 
authorizations issued under this SFAR will terminate upon expiration of 
the SFAR unless earlier surrendered, suspended, revoked, or otherwise 
terminated. The proposed rule would extend the duration until January 
23, 2004.

Section 8

    Section 8 prohibits the transfer of an SFAR 36 authorization.

Section 9

    Section 9 retains the current inspection provisions. It also 
emphasizes that the FAA must be able to determine whether an applicant 
has, or a holder maintains, personnel adequate to comply with the 
provisions of the SFAR and any additional limitations contained in the 
authorization.

Section 10

    Section 10 states that an SFAR 36 authorization does not expand the 
scope of products or articles that an aircraft operator or repair 
station is authorized to approve for return to service.

Section 11

    Section 11 contains the provision that each SFAR 36 authorization 
holder must comply with any additional limitations prescribed by the 
Administrator and made a part of the authorization.

Sections 12 and 13

    Sections 12 and 13 address data review and service experience 
requirements and record keeping requirements. Section 12 states the 
circumstances under which an authorization holder will be required to 
submit the information necessary for corrective action on a repair. 
Section 13 describes what information an authorization holder's records 
must contain.
    As noted above, the proposed expiration date for SFAR 36 is January 
23, 2004. The 5-year extension would allow time for the ARAC to 
deliberate and forward a recommendation, and time for the FAA to act 
upon it.
    The extension of SFAR 36 would allow uninterrupted major repair 
activity by the current authorization holders that qualify under the 
amended SFAR; those authorizations would be extended without the 
holders reapplying for authorization. The extension would also allow a 
new, qualified applicant to obtain an authorization.

Paperwork Reduction Act

    Information collection requirements in SFAR 36-7 have been approved 
by the Office of Management and Budget (OMB) under the provisions of 
the Paperwork Reduction Act of 1995 and have been assigned the OMB 
Control Number 2120-0507. The primary purpose of this proposal is to 
extend SFAR 36. No additional paperwork burden would be created as a 
result of this proposal.

International Compatibility

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because there is no comparable rule under ICAO standards.

Regulatory Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effects of regulatory changes on international trade. And fourth, 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a

[[Page 59194]]

written assessment of the costs, benefits and other effects of proposed 
or final rules that include a Federal mandate likely to result in the 
expenditure by State, local or tribal governments, in the aggregate, or 
by the private sector, of $100 million or more annually (adjusted for 
inflation).
    In conducting these analyses, the FAA has determined that the 
extension of Special Federal Aviation Regulation No. 36 (SFAR 36): (1) 
would generate benefits that justify its costs; (2) Is not a 
significant regulatory action under section 3(f) of the Executive Order 
and is not subject to review by the Office of Management and Budget; 
(3) is not significant as defined in DOT's regulatory policies and 
procedures (44 FR 11034; February 26, 1979); (4) would not have a 
significant impact on a substantial number of small entities; (5) would 
not affect international trade; and (6) does not contain a significant 
intergovernmental or private sector mandate. These analyses, available 
in the docket, are summarized below.

Regulatory Evaluation Summary

    The proposed rule would continue to allow domestic repair stations, 
air carriers, air taxis, and commercial operators of large airplanes, 
who have authority to return products to service, to accomplish major 
repairs using self-developed repair data that have not been directly 
approved by the Federal Aviation Administration (FAA). Without 
extending SFAR 36, authorized firms would likely incur economic 
hardship.
    The extension of SFAR 36 would not impose incremental cost on the 
industry or on the FAA and would continue to relieve authorized firms 
of the economic burden of obtaining FAA approval for data developed by 
the firms for major repairs. The benefit of the proposed rule is that 
it allows the firms currently operating under the provisions of SFAR 36 
to continue to do so, thereby avoiding the costs which would be 
incurred if SFAR 36 were to expire before a final rule were 
implemented. Thus the rulemaking imposes no incremental costs and has 
positive nonquantifiable benefits.
    Because the proposed rule has no costs and positive, although not 
quantifiable, benefits, the FAA has determined that the benefits of the 
proposed rule exceed the costs of the proposed rule.

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.
    As explained above, there are no incremental costs associated with 
the proposed extension of SFAR 36. Consequently, the FAA certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    Consistent with the Administration's belief in the general 
superiority, desirability, and efficacy of free trade, it is the policy 
of the Administrator to remove or diminish, to the extent feasible, 
barriers to international trade, including both barriers affecting the 
export of American goods and services to foreign countries and those 
affecting the import of foreign goods and services into the United 
States.
    In accordance with that policy, the FAA is committed to develop as 
much as possible its aviation standards and practices in harmony with 
its trading partners. Significant cost savings can result from this, 
both to American companies doing business in foreign markets, and 
foreign companies doing business in the United States.
    This rule is available to and affects only domestic repair firms. 
Therefore there will be no impact on international trade.

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.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    The FAA determines that this rule does not contain a significant 
intergovernmental or private sector mandate as defined by the Act.

List of Subjects

14 CFR Part 121

    Air carriers, Airworthiness directives and standards, Aviation 
safety, Safety.

14 CFR Part 135

    Air carriers, Air taxis, Air transportation, Aircraft, Airmen,

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Airplanes, Airworthiness, Aviation safety, Helicopters, Safety.

14 CFR Part 145

    Air carriers, Air transportation, Aircraft, Aviation safety, 
Safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR parts 121, 135, and 145 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

    2. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

PART 145--REPAIR STATIONS

    3. The authority citation for part 145 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.

    4. Amend Special Federal Aviation Regulation No. 36 by revising 
paragraphs 2(a), 3(a)(1), paragraph 5(a)(1), and 7; and by reserving 
paragraph 2(b)and by revising the termination date to read as follows:

SFAR No. 36

* * * * *
    2. General. (a) Contrary provisions of Sec. 121.379(b) and 
Sec. 135.437(b) of this chapter notwithstanding, the holder of an air 
carrier certificate or operating certificate, that operates large 
aircraft, and that has been issued operations specifications for 
operations required to be conducted in accordance with 14 CFR part 121 
or 135, may perform a major repair on a product as described in 
Sec. 121.379 (b) or Sec. 135.437(a), using technical data that have not 
been approved by the Administrator, and approve that product for return 
to service, if authorized in accordance with this Special Federal 
Aviation Regulation.
    (b) [Reserved]
* * * * *
    3. Major Repair Data and Return to Service. (a) * * *
    (1) Has been issued an authorization under, and a procedures manual 
that complies with, Special Federal Aviation Regulation No. 36-7, 
effective on January 23, 1999;
* * * * *
    5. Eligibility. (a) * * *
    (1) Hold an air carrier certificate or operating certificate, 
operate large aircraft, and have been issued operations specifications 
for operations required to be conducted in accordance with 14 CFR part 
121 or 135, or hold a domestic repair station certificate under 14 CFR 
part 145;
* * * * *
    7. Duration of Authorization. Each authorization issued under this 
Special Federal Aviation Regulation is effective from the date of 
issuance until January 23, 2004, unless it is earlier surrendered, 
suspended, revoked, or otherwise terminated. Upon termination of such 
authorization, the terminated authorization holder must:
* * * * *
    This Special Federal Aviation Regulation terminates January 23, 
2004.

    Issued in Washington, DC, on October 27, 1998.
Frank P. Paskiewicz,
Acting Director, Aircraft Certification Service.
[FR Doc. 98-29300 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-13-U