[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Notices]
[Pages 9747-9748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3397]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-8872]


Reciprocal Acceptance of Repair Design Approvals Between the 
Federal Aviation Administration and Transport Canada Civil Aviation

AGENCY: Federal Aviation Administration, (DOT).

ACTION: Notice of policy, request for comments.

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SUMMARY: This notice announces an FAA general statement of policy 
applicable to the acceptability of repair design data approved by 
Transport Canada Civil Aviation (TCCA) in accordance with the 
provisions of a Memorandum of Understanding (MOU) agreed to by TCCA and 
the FAA on May 6, 1998. The MOU was signed pursuant to the Schedule of 
Implementation Procedures of the August 31, 1984 U.S./Canada Bilateral 
Airworthiness Agreement. This document advises the public that certain 
Canadian repair design approvals for U.S. and Canadian products are 
considered to be technical data approved by the Administrator. Such 
data therefore may be used for the purpose of performing a repair on a 
U.S.-registered aircraft or on an aeronautical product intended for 
installation on a U.S.-registered aircraft.

DATES: Comments must be received on or before March 12, 2001.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2000-  at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
this notice of policy in person in the Dockets Office between 9:00 a.m. 
and 5:00 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Victor Powell, Certification Procedure 
Branch, AIR-110, Aircraft Engineering Division, Aircraft Certification 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591, Telephone: (202) 267-9580, fax (202) 267-5340, e-
mail [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to submit written comments, data, 
views, or arguments regarding this policy. Comments should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All comments 
received and a report summarizing any substantive public contact with 
FAA personnel on this policy will be filed in the docket. The docket is 
available for public inspection both before and after the closing date 
for receiving comments. The Administrator will consider comments made 
on this policy on or before the closing date for comments, and the 
policy may be changed in light of the comments received.
    The FAA will acknowledge receipt of comments if commenters include 
a self-addressed, stamped postcard with the comments. The postcards 
should be marked ``Comments to Docket No. FAA-2000-      .'' When the 
comments are received by the FAA, the postcards will be dated, time 
stamped, and returned to the commenters.

Availability of Documents

    You can get an electronic copy of the current bilateral agreement 
between the United States and Canada using the Internet through FAA's 
web page at http://www.faa.gov/avr/air/air4/Baalst.htm.
    You can get a copy of the May 6, 1998 MOU for the Design Approval 
of Aeronautical Product Repairs by submitting a request to the person 
listed under FOR FURTHER INFORMATION CONTACT.

Background

    On May 6, 1998 representatives of the FAA and TCCA signed an MOU 
which set forth procedures for implementing the ``design approval of 
repairs'' provisions of the BAA between the United States and Canada 
signed on August 31, 1984. The MOU was signed pursuant to Chapter 4, 
Maintenance Alteration or Modification of Aeronautical Products, and 
Chapter 7, Special Arrangements of the BAA Schedule of Implementation 
Procedures. The FAA and TCCA signed the MOU for the purpose of avoiding 
duplication of design approvals by giving maximum permissible credit 
for repair design approvals made by each authority.
    In the MOU the FAA and TCCA agree to cooperate in accepting each 
other's design approval of repairs. The authorities also agree that 
certain data generated in the design approval of repairs and found to 
comply with the regulations of both authorities is approved by both, 
without any other required actions. The MOU continues to remain in 
force under the provisions of the Bilateral Aviation Safety Agreement 
signed between the United States and Canada on June 12, 2000.

Statement of Policy

U.S. Acceptance of Canadian Repair Design Data

    As specified in this statement of policy, certain Canadian repair 
design approvals are considered to be technical data approved by the 
Administrator for the purpose of performing a repair on a U.S.-
registered aircraft or on an aeronautical product intended for 
installation on a U.S.-registered aircraft.
    For U.S. State of Design products, repair design approvals issued 
directly by TCCA are considered technical data approved by the 
Administrator. Repair design approvals issued solely by a TCCA delegate 
for U.S. State of Design products are not considered technical data 
approved by the Administrator. TCCA delegate approvals for U.S. State 
of Design products must have the specific approval of the authority or 
direct FAA or FAA designee approval before being considered to be 
technical data approved by the Administrator.
    Repair design approvals issued by either the TCCA or an 
appropriately authorized TCCA delegate for Canadian State of Design 
products are considered to be technical data approved by the 
Administrator. TCCA or TCCA delegate repair design approvals are not 
considered technical data approved by the Administrator for products 
where the United States or Canada is not the State of Design (a ``third 
country'' product). Direct FAA or FAA designee review and approval is 
required for repair design data for ``third country'' products.
    For repairs to engines and propellers the State of Design of the 
engine or propeller, not the State of Design of the aircraft that the 
engine or propeller is installed on, determines whether Canadian repair 
design data is

[[Page 9748]]

considered approved. For components, the State of Design for the type 
certificated product (i.e. the aircraft, aircraft engine, or propeller) 
on which the component is approved (or the State of Design for the 
applicable Supplemental Type Certificate) governs the procedures used 
to obtain approval of the repair design data, not the state of design 
of the repaired (non-TC'd) product or component itself.
    Data approved by TCCA delegates for minor repairs is acceptable to 
the FAA for accomplishment of minor repairs on any U.S.-registered 
aircraft or any other aeronautical product intended for installation on 
a U.S.-registered aircraft.
    This policy does not limit the FAA's right to review any data 
approved by TCCA or a TCCA delegate that is used to repair a U.S.-
registered aircraft or an aeronautical product intended for 
installation on a U.S. registered aircraft.

Limitations

    This statement of policy applies only to the acceptance of repair 
design data. It does not address manufacturing/production, approval for 
return to service, use of FAA Form 337, installation acceptability, or 
Export Airworthiness approvals. It does not apply to repair design data 
developed to perform: repairs on aeronautical products for which the 
State of Design is a country other than Canada or the United States; 
repairs approved in accordance with FAA ``field approval'' procedures; 
and repairs performed under SFAR 36 authority for aeronautical products 
where the United States is not the State of Design.

Elizabeth Erickson,
Director, Aircraft Certification Service.
[FR Doc. 01-3397 Filed 2-8-01; 8:45 am]
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