[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Rules and Regulations]
[Pages 55819-55820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24546]


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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: The 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 recently issued FAA guidance material 
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 January 31, 2004, with the following exception: Sec.  
145.163 remains effective April 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, the 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 updates and revises part 
145 of Title 14, Code of Federal Regulations, which prescribes the 
regulations for aeronautical repair stations. In that rulemaking 
action, we established a new requirement that each repair station must 
maintain and use a current repair station manual and a quality control 
manual. We also prescribed the contents of these manuals.
    Initially, the final rule was to become effective April 6, 2003. 
However, on October 21, 2002, the FAA received a petition from the 
Aircraft Electronics Association, the Aerospace Industries Association, 
the Aviation Suppliers

[[Page 55820]]

Association, and the National Air Transportation Association. Those 
petitioners requested that the FAA extend the effective date of the 
final rule arguing that we had not yet published advisory material and 
guidance explaining how to produce an acceptable manual. Further, the 
petitioners asserted that without advisory material, we could not 
adequately train FAA personnel. We agreed with the petitioners and 
extended the effective date of the final rule to October 3, 2003 (68 FR 
125429, March 14, 2003; 68 FR 17545, April 10, 2003).
    On July 3, 2003, the FAA issued Advisory Circular No. 145-9 (AC 
145-9), Guide for Developing and Evaluating Repair Station and Quality 
Control Manuals. That document provides information and guidance 
material for developing and evaluating repair station manuals and 
quality control manuals. The material describes an acceptable means, 
but not the only means, to develop a manual and comply with the rules 
contained in part 145. Interested parties may access AC 145-9 at the 
following Internet Web site: http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgWebcomponents.nsf/HomeFrame?OpenFrameSet.
    On July 22, 2003, the Aircraft Electronics Association, the 
Aviation Repair Station Association, and the National Air 
Transportation Association submitted another petition requesting that 
the FAA further extend the effective date of the final rule. The 
petitioners note that the FAA issued material to guide repair stations 
in developing the manuals required in part 145 only 90 days before the 
effective date of the rule. The petitioners contend that 90 days is not 
enough time to develop manuals using the guidance materials. Therefore, 
the petitioners request that we extend the effective date of the final 
rule an additional 120 days.
    We agree with the petitioners that additional time is necessary to 
allow repair station certificate holders to prepare repair station 
manuals and quality control manuals following the guidance provided in 
AC 145-9. Therefore, we find that a 120-day extension is in the public 
interest.
    The petitioners also note that Sec.  145.221 references sections in 
14 CFR parts 121, 125, and 135 related to service difficulty reporting, 
which have not become effective. The FAA is addressing this issue in a 
separate rulemaking action.
    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. However, the 120-day extension will delay realization of some 
cost savings provided by the rule. We, therefore, find there are no 
additional costs, aside from the delay in realizing some cost savings, 
or benefits associated with this action.

Good Cause for Immediate Adoption

    In accordance with 5 U.S.C. 553(b)(3)(B), I find 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 be impracticable, as well as contrary to the public 
interest in the orderly promulgation and implementation of this rule.
    In consideration of the foregoing, parts 91, 121, 135, and 145 are 
amended to delay the effective date of the final rule by 120 days.

    Issued in Washington, DC, on September 23, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-24546 Filed 9-24-03; 2:55 pm]
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