[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15580-15583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 145

[Docket No. FAA-1999-5836]
RIN 2120-AI60


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 the final rule 
requiring each repair station to have an approved training program. 
This action is necessary because applicable guidance material is not 
yet available to assist repair stations in developing their programs. 
The delayed date will give repair stations sufficient time to develop 
their programs and will give the FAA time to evaluate and approve them.

DATES: The effective date of Sec.  145.163 published at 66 FR 41117 
(August 6, 2001) is delayed until April 6, 2006. The amendments in this 
final rule become effective April 6, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Herbert E. Daniel, Aircraft 
Maintenance Division, General Aviation and Repair Station Branch (AFS-
340), Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591; facsimile (202) 267-5115; e-mail 
[email protected] or by telephone at (202) 267-3109; or Mr. Dan 
Bachelder, AFS-340, at the address or facsimile listed above or e-mail 
[email protected] or by telephone at (202) 267-7027.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
title 49, subtitle VII, part A, subpart III, section 44701, General 
requirements, and section 44707, Examining and rating air agencies. 
Under section 44701, the FAA may prescribe regulations and standards in 
the interest of safety for inspecting, servicing, and overhauling 
aircraft, aircraft engines, propellers, and appliances. It may also 
prescribe equipment and facilities for, and the timing and manner of, 
inspecting,

[[Page 15581]]

servicing, and overhauling. Under section 44707, the FAA may examine 
and rate repair stations.
    This regulation is within the scope of section 44701 since it 
pertains to the new requirement for repair stations to have FAA-
approved training programs in the interest of enhancing safety. The 
regulation is within the scope of section 47707 since it will assist 
repair stations in developing better training programs by allowing them 
to develop those programs based on FAA-issued guidance materials.

The Final Rule

    On July 30, 2001, the FAA issued a final rule to update and revise 
repair station regulations (66 FR 41088, August 6, 2001). In that 
rulemaking action, the FAA established a new requirement that each 
repair station have an employee training program approved by the FAA 
that consists of initial and recurrent training. In the preamble to the 
final rule, the FAA stated, ``Before the effective date of the final 
rule, the FAA will issue advisory material regarding the required 
training program.'' The effective date for the new training 
requirements was set two years after the effective date of the revised 
rule for repair stations to provide repair stations time to develop 
their programs. The new training requirements are scheduled to become 
effective on April 6, 2005.
    On December 22, 2004, the FAA published a Notice of Availability of 
draft Advisory Circular AC 145-RSTP. This document would provide 
guidance to repair stations for their training programs. In response to 
multiple comments from industry associations, the FAA has extended the 
comment period to March 22, 2005 (70 FR 3243; January 21, 2005). The 
extended comment period will enable repair station operators to submit 
meaningful comments on whether the guidance material is useful in 
developing training programs that comply with Sec.  145.163.
    When the comment period closes, the FAA will review the comments. 
We expect commenters will have meaningful suggestions for improving the 
guidance. We also expect that some commenters will call attention to 
new training technologies that would benefit a training program. The 
FAA will need time to consider the comments and to incorporate 
meaningful changes into AC 145-RSTP that will benefit these smaller 
entities in the development of their training programs.
    Further, due to recent events in the European Union, the European 
Commission (EC) has passed and implemented commission regulation 2042/
2003. This regulation also impacts the domestic United States by 
requiring all European-registered aircraft to be maintained in 
accordance with annex 2, part 145. The FAA recognizes that 1,275 US-
based 14 CFR part 145 repair stations are also approved under EC 
regulation 2042 and are now required to meet the repair station manual 
supplement requirements of EC 2042, hereinafter referred to as European 
Aviation Safety Agency (EASA) part 145. This new requirement to 
transition from the former Joint Aviation Authority (JAA) to EASA part 
145 will require many US-based repair stations to revise their current 
JAA supplements to the EASA part 145 supplement requirements. 
Concurrently with its review and evaluation of the U.S.-certificated 
repair stations' training programs, the FAA also must allot resources 
to review and accept these EASA part 145 manual supplement revisions. 
In light of these developments and the United States' international 
agreements, as well as FAA international obligations, the FAA finds 
that implementing the Sec.  145.163 training program and EASA 
supplement to repair station manuals by April 6, 2005 would impose a 
significant burden on the repair station industry as well as the FAA.
    Delaying the effective date of 14 CFR 145.163 for 12 months will 
have the ancillary benefit of reducing the burden on the 1,275 U.S.-
based repair stations that must meet the EASA part 145 manual 
supplement requirements. They will have additional time in which to 
develop both those revisions and the training programs required by 
Sec.  145.163. Similarly, the extension will provide additional time 
for the FAA to review them.
    In summary, the FAA is delaying the effective date of 14 CFR 
145.163 for 12 months because:
    1. We have extended the comment period on the proposed guidance 
material and, therefore, have not yet issued the final guidance, and
    2. We want to adhere as closely as possible to a transition period 
between the time the guidance is issued and the effective date of the 
rule. The additional time will enable repair stations to use that 
guidance material when it becomes available in developing their 
programs.

Paperwork Reduction Act

    There are no new requirements for information collection associated 
with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

Good Cause for ``No Notice''

    Sections 553(b)(3)(B) and 553(d)(3) of the Administrative 
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize 
agencies to dispense with certain notice procedures for rules when they 
find ``good cause'' to do so. Under section 553(b)(3)(B), the 
requirements of notice and opportunity for comment do not apply when 
the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' The 
FAA finds that notice and public comment on this final rule are 
impracticable. For the APA, ``impracticable'' means that, if notice and 
comment procedures were followed, they would defeat the purpose of the 
rule. As explained previously, the purpose of this final rule is to 
extend the effective date for the repair station training requirements 
from April 6, 2005, to April 6, 2006. Coordinating and issuing 
rulemaking documents will take time under current procedures. We cannot 
issue a notice, receive comments, and issue a final rule before the 
current effective date. Repair stations will also need adequate time 
before the effective date to develop their training programs following 
guidance to be provided by the FAA. Therefore, any delay in issuing 
this final rule would subject repair stations to confusion and the 
expense of trying to establish training programs hurriedly without 
final guidance from the FAA. Therefore, it is ``impracticable'' to 
provide notice and opportunity to comment.

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.

[[Page 15582]]

Economic Evaluation, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency to 
propose or adopt a regulation only if the agency makes 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 Trade Agreements Act (19 U.S.C. 2531-2533) bans agencies 
from setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S. standards, the Trade 
Act requires agencies to consider international standards. Where 
suitable, the Trade Act directs agencies to use those international 
standards as the basis of U.S. standards. Fourth, the Unfunded Mandates 
Reform Act of 1995 requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules. This 
requirement applies only to rules that include a Federal mandate on 
State, local, or tribal governments, likely to result in a total 
expenditure of $100 million or more in any one year (adjusted for 
inflation). In conducting these analyses, the FAA determines that this 
rule:
    (1) Has benefits which justify its costs and is not a ``significant 
regulatory action'' as defined in the Executive Order and as defined in 
DOT's Regulatory Policies and Procedures;
    (2) Will not have a significant impact on a substantial number of 
small entities;
    (3) Has minimal effects on international trade; and
    (4) Does not impose an unfunded mandate on State, local, or tribal 
governments or on the private sector.

Economic Summary

    This rule delays the effective date for repair stations to 
establish their training programs in accordance with Sec.  145.163. 
This action is necessary because applicable guidance material is not 
yet available to assist repair stations in developing their programs. 
The extended date will give repair stations sufficient time to develop 
their programs and will give the FAA time to evaluate and approve 
them.There will also be a decrease in overall paperwork and costs if 
this rule has the extended effective date.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612, 
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 the regulation.'' To achieve that principle, the RFA requires 
agencies to solicit and consider flexible regulatory proposals to 
explain the rationale for their actions. The RFA 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 agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    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 RFA 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.
    This final rule merely delays the effective date for Sec.  145.163. 
Its economic impact is minimal. Therefore, we certify that this action 
will not have a significant economic impact on a substantial number of 
small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this final rule and determined that it has only a 
domestic impact.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in a $100 million or more expenditure (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we have determined that this final rule does not 
have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312(d) and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 145

    Air carriers, Air transportation, Aircraft, Aviation safety, 
Recordkeeping and reporting requirements, Safety.

[[Page 15583]]

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration is 
delaying the effective date of 14 CFR 145.163 and amending part 145 as 
follows:

PART 145--REPAIR STATIONS

0
1. The authority citation for part 145 is revised to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709, 
44717.


0
2. Revise Sec.  145.163(a) introductory text to read as follows:


Sec.  145.163  Training requirements.

    (a) A certificated repair station must have an employee training 
program approved by the FAA that consists of initial and recurrent 
training. For purposes of meeting the requirements of this paragraph, 
beginning April 6, 2006--
* * * * *

    Issued in Washington, DC, on March 17, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-5856 Filed 3-22-05; 3:29 pm]
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