[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Rules and Regulations]
[Page 56989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28498]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11, 21, and 25

[Docket No. FAA-2001-8994; Amdt. Nos. 11-45, 21-77, 25-99]
RIN 2120-AF68


Type Certification Procedures for Changed Products

AGENCY: Federal Aviation Administration, DOT.

ACTION:  Final rule; delay of compliance dates.

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SUMMARY: The Federal Aviation Administration (FAA) is delaying the 
compliance date of a final rule that amends the procedural regulations 
for certifying changes to type certificated products. This delay will 
allow the FAA to address the complexities of production design changes 
by developing more guidance ensuring the uniform application of the 
rule by both FAA and other civil aviation authorities.

DATES: The mandatory compliance dates of the rule amending 14 CFR parts 
11, 21, and 25 published at 65 FR 36244, June 7, 2000, are delayed 
until June 10, 2003.

FOR FURTHER INFORMATION CONTACT: Randall Petersen, Certification 
Procedures Branch (AIR-110), Aircraft Certification Services, Federal 
Aviation Administration, 800 Independence Avenue, SW, Washington, DC 
20591, telephone (202) 267-9583.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 2000 (65 FR 36244), the type certification procedures 
for changed products final rule became effective. The FAA established a 
mandatory compliance date of December 10, 2001, for transport category 
airplanes and restricted category airplanes that have been certified 
using transport category standards; and a date of December 9, 2002, for 
all other category aircraft, engines, and propellers. The rule 
requires, among other things, that an applicant for a change to a type 
certificate must show the changed product complies with the 
certification requirements in effect on the date of application. (14 
CFR 21.101(a)). The rule also states the applicant may show the changed 
product complies with an earlier amendment of a regulation if the 
Administrator determines the change is ``not-significant.'' (14 CFR 
21.101(b)(1)). Specifically, in determining the appropriate 
certification basis for each design change requires an assessment 
against the automatic criteria of ``significant'' as stated in the 
rule, coupled with the Administrator's discretionary right to consider 
the extent of the changes and related revisions to the regulations. (14 
CFR 21.101(b)(1)(i) and (ii)).
    During the fifteen months since publishing the rule, FAA, Transport 
Canada Civil Aviation, European Joint Aviation Authorities, and 
industry developed guidance material in the form of an advisory 
circular, a draft FAA order, and related training materials. Over the 
last several months, the aviation industry has questioned the ability 
to standardize administrative procedures, raising a concern that 
implementation of the rule may not be uniform among the aviation 
manufacturing communities, both domestic and international. Based on 
this concern, FAA wants to ensure the implementation procedures for the 
rule provide for an equal and balanced application for all 
manufacturers, both domestic and international, and does not place an 
undue burden on FAA Aircraft Certification Offices and other civil 
aviation authorities.
    To ensure a uniform application of this rule as it pertains to 
FAA's determination of ``significant'' and ``not-significant'' design 
changes, FAA is delaying implementing the rule for 18 months, until 
June 10, 2002, for all categories of aircraft, engines, and propellers. 
The consistency of implementation will require changes to the current 
training materials, the current advisory material, and developing 
harmonized policies and procedures between FAA and other civil aviation 
authorities. This delay will ensure that FAA and all civil aviation 
authorities and industry have sufficient guidance material, and the 
associated training, to implement the provisions of the rule in a 
consistent, uniform manner.
    Since the delay in the mandatory compliance dates of the final rule 
does not impose any new requirements or any added burden on the 
regulated public, FAA finds that good cause exists for immediate 
adoption of the new mandatory compliance date without a 30-day notice.

    Issued in Washington, DC, on November 7, 2001.
John J. Hickey,
Director, Aircraft Certification Service.
[FR Doc. 01-28498 Filed 11-13-01; 8:45 am]
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