[Federal Register Volume 68, Number 50 (Friday, March 14, 2003)]
[Rules and Regulations]
[Page 12542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6181]



[[Page 12541]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 121, 135, and 145



Repair Stations; Final Rule

  Federal Register / Vol. 68, No. 50 / Friday, March 14, 2003 / Rules 
and Regulations  

[[Page 12542]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 135, and 145

[Docket No.:FAA-1999-5836]
RIN 2120-AC38


Repair Stations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; delay of effective date.

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SUMMARY: FAA is delaying the effective date of a final rule that amends 
the regulations for aeronautical repair stations. This action is 
necessary to give repair station certificate holders more time to 
develop required manuals using FAA guidance material, which has yet to 
be issued, before submitting the manuals to FAA for acceptance. Also 
this action will allow repair station certificate holders to follow FAA 
guidance material for requesting FAA approval of contract maintenance 
functions.

DATES: The effective date of the final rule amending 14 CFR parts 91, 
121, 135, and 145 published on August 6, 2001, at 66 FR 41088 is 
delayed until October 6, 2003, with the following exception: Sec.  
145.163 is delayed until October 6, 2005.

FOR FURTHER INFORMATION CONTACT: Diana Frohn, Flight Standards Service, 
Aircraft Maintenance Division, General Aviation and Repair Station 
Branch, AFS-340, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-7027; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: 

The Final Rule

    On July 30, 2001, FAA issued Repair Stations; Final Rule with 
Request for Comments and Direct Final Rule with Request for Comments 
(66 FR 41088; August 6, 2001). That final rule, which becomes effective 
April 6, 2003, updates and revises part 145 of title 14, Code of 
Federal Regulations, which prescribes the regulations for aeronautical 
repair stations. In that rulemaking action, FAA established a new 
requirement that each repair station must maintain and use a current 
repair station manual and a quality control manual. FAA also prescribed 
the contents of these manuals.
    In the preamble to the final rule FAA stated, ``This final rule 
will become effective 20 months after it is published in the Federal 
Register. This time period is needed to develop advisory circulars and 
internal FAA guidance, and to train FAA personnel. Additionally, repair 
stations will need adequate time to comply with the new requirements.'' 
On November 7, 2002, a notice was published in the Federal Register (67 
FR 67891) announcing the availability of Proposed Advisory Circular 
(AC) 145-MAN, Guide for Developing and Evaluating Repair Station and 
Quality Control Manuals. In response to commenter requests, FAA 
extended the close of the comment period for AC 145-MAN from November 
22, 2002, to February 5, 2003, (67 FR 70291; November 21, 2002).
    On October 21, 2002, Mr. Jason Dickstein, Counsel, sent a petition 
to FAA for the Aircraft Electronics Association, the Aerospace 
Industries Association, the Aviation Suppliers Association, and the 
National Air Transportation Association.
    The petitioners request that FAA--
    1. ``Postpone the implementation date of the changes to part 145 
that were published at 66 FR 41088-41124 (August 6, 2001) until no 
earlier than 180 days after the FAA publishes a notice in the Federal 
Register of the availability of the advisory circular that describes 
how to comply with the repair station manual and quality control manual 
provisions of new sections 145.207 through 145.211.''
    2. ``Publish notice of implementation postponement in the Federal 
Register.''
    3. ``Publish a transition rule that permits early compliance with 
the new rule.''
    The petitioners contend that FAA has not yet published advisory 
material and guidance explaining how to produce a manual that is 
acceptable to FAA. Further, the petitioners assert that without 
advisory material, FAA cannot adequately train its personnel.

    FAA has reviewed the petition and agrees with the petitioners that 
additional time is necessary to allow each repair station to prepare a 
repair station manual and a quality control manual following the 
guidance to be provided in AC 145-MAN. Since the guidance has not yet 
been issued, FAA finds that an extension is in the public interest.
    Although the petitioners request that FAA allow for early 
compliance with the new rule, FAA finds it appropriate to extend the 
effective date of the entire final rule. FAA has determined that it 
would not be in the public interest to have both the current rule and 
the final rule in effect at the same time. Although this would allow 
some repair stations to comply with the final rule while repair 
stations operating under the current rule prepare their manuals, FAA 
finds this administratively complex.
    The vast majority of repair station principal inspectors have 
oversight responsibility for several repair stations of varying 
complexity. Concurrent oversight and enforcement of two separate rules 
with different regulatory requirements would cause confusion and 
adversely impact the standardized application of repair station 
regulations. Additionally, FAA has determined that this would not be an 
efficient use of its inspector resources.
    Further, the petitioners request an extension of 180 days from 
Federal Register publication of the notice of availability of a final 
AC. Since FAA intends to publish a final AC in the near future, the 
agency finds that an extension of 180 days from the April 6, 2003, 
effective date of the rule is sufficient.
    Finally, the delay in the effective date of the final rule does not 
impose any new requirements or any additional burden on the regulated 
public. FAA, therefore, finds there are no additional costs or benefits 
associated with this action. However, the 180-day extension will delay 
realization of some cost savings provided by the rule.

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.
    In consideration of the foregoing, FAA is amending parts 91, 121, 
135, and 145 to delay the effective date of the final rule by 180 days.

    Issued in Washington, DC, on March 4, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-6181 Filed 3-12-03; 8:45 am]
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