[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Rules and Regulations]
[Pages 534-536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-51]



[[Page 533]]

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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 21, 121, and 135



Maintenance Recording Requirements; Final Rule

  Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / 
Rules and Regulations  

[[Page 534]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 121, and 135

[Docket No.: FAA-2005-23495; Amendment No. 21-87, 121-321, 135-104]
RIN 2120-AI67


Maintenance Recording Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends FAA regulations dealing with recording 
of maintenance data for large, transport category, propeller-driven 
aircraft. It changes the requirement for recording engine and propeller 
``total time in service'' for certain aircraft operated under part 121. 
These relieving changes are necessary to correct an oversight in the 
rule when it was originally drafted in 1996. The amendment removes the 
requirement to record total time in service for engines and propellers 
installed on certain aircraft certificated for cargo operations. We are 
also amending sections of parts 21 and 135 to correct several outdated 
references to sections previously deleted in parts 121 and 135.

DATES: This amendment becomes effective February 3, 2006.

FOR FURTHER INFORMATION CONTACT: Emilio Estrada, Aircraft Maintenance 
Division, Air Carrier Maintenance Branch, AFS-330, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-5571; facsimile (202) 267-5115, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations--policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact its local FAA official, or the 
person listed under FOR FURTHER INFORMATION CONTACT. You can find out 
more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

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 
subtitle VII, part A, subpart III, section 44713. Under that section, 
the FAA is charged with prescribing regulations related to aircraft 
inspections and maintenance.

Background

    In 1996, the FAA issued significant amendments to part 121, 
including new requirements for maintenance records. The 1996 amendments 
contained new rules for tracking ``total time in service'' for aircraft 
engines and propellers. An exception to this requirement allows 
operators of certain large aircraft having a passenger seating capacity 
of more than 30 seats to use the ``time since last overhaul after 
January 19, 1996,'' or to record the total time after March 20, 1997.
    The FAA phrased this exception in this way so the new requirements 
would not apply to certain large, propeller-driven aircraft used in 
commuter operations, generally in the State of Alaska. The FAA intended 
this exception to also include large propeller-driven aircraft used for 
cargo operations (not just passenger operations). By using the phrase 
``* * * transport category airplane with a passenger seat configuration 
of more than 30 seats * * *'' the regulation could be interpreted to 
exclude transport category ``cargo'' airplanes.
    This final rule amends that exception to include the word ``cargo 
airplanes'' in maintenance recordkeeping requirements, so that the 
exception will include large, propeller-driven airplanes certificated 
as a cargo aircraft instead of a passenger aircraft.
    In this final rule, we are also correcting several erroneous 
citations in 14 CFR parts 21 and 135:
     Section 21.197(c) cites Sec. Sec.  121.79 and 135.17 when 
referring to amendments of operations specifications by the 
Administrator. In 1995, the FAA eliminated those sections (60 FR 65939, 
Dec. 20, 1995) and recodified them in Sec.  119.51. The FAA 
inadvertently left the reference unchanged. In this action, we are 
replacing the references to Sec. Sec.  121.79 and 135.17 with Sec.  
119.51.
     Similarly, we are amending Sec.  135.419 by replacing the 
reference to Sec.  135.17 with Sec.  119.51.
     We are inserting a reference to Sec.  91.1017 into Sec.  
21.197(c). Section 91.1017 contains requirements for management 
specifications; this information had been omitted in a previous 
amendment to part 21 (60 FR 65913, Dec. 12, 1995).

Paperwork Reduction Act

    An agency may not collect or sponsor the collection of information, 
nor may it impose an information collection requirement unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number. Information collection requirements associated with 
this final rule have been approved previously by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)), and have been assigned OMB 
Control Number 2120-0008.

International Compatibility

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

[[Page 535]]

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and the benefits of a regulatory change. 
We are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Our assessment of this rulemaking indicates that its 
economic impact is minimal because very few operators will be affected 
by the change. Because the costs and benefits of this action do not 
make it a ``significant regulatory action'' as defined in the Order, we 
have not prepared a ``regulatory impact analysis.'' Similarly, we have 
not prepared a full ``regulatory evaluation,'' which is the written 
cost/benefit analysis ordinarily required for all rulemaking under the 
DOT Regulatory and Policies and Procedures. We do not need to do a full 
evaluation where the economic impact of a rule is minimal.

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

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency 
shall propose or adopt a regulation only upon 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) prohibits agencies from 
setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S. standards, this Trade 
Act requires agencies to consider international standards and, where 
appropriate, to be the basis of U.S. standards. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
annually (adjusted for inflation). This portion of the preamble 
summarizes the FAA's analysis of the economic impacts of this final 
rule.
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If the expected cost impact is so minimal that a proposal 
does not warrant a full evaluation, this Order permits a statement to 
that effect. The basis for the minimal impact must be included in the 
preamble, if a full regulatory evaluation of the cost and benefits is 
not prepared. Such a determination has been made for this rule. The 
reasoning for that determination follows:
    Since this final rule merely revises and clarifies certain FAA 
regulations, the expected outcome will have a minimal impact with some 
possible net benefits, and a regulatory evaluation was not prepared. 
The FAA has determined this rulemaking action is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 
12866, and is not ``significant'' as defined in DOT's Regulatory 
Policies and Procedures. In addition, the FAA has determined that this 
rulemaking action: (1) Will not have a significant economic impact on a 
substantial number of small entities; (2) will not affect international 
trade; and (3) will not impose an unfunded mandate on State, local, or 
tribal governments, or on the private sector.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) 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 information requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies 
consider flexible regulatory proposals, to explain the rationale for 
their actions, and to solicit comments. 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 rule merely revises and clarifies certain FAA regulations; the 
expected outcome will have only a minimal impact on any small entity 
affected by this rulemaking action. Consequently, the FAA Administrator 
certifies that the rulemaking 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 rulemaking and has determined that it will 
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

Unfunded Mandates Assessment

    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 an expenditure of $100 million or more (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. The requirements 
of Title II of the Act, therefore, 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, and therefore does not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded

[[Page 536]]

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 rulemaking 
action qualifies for the categorical exclusion identified in paragraph 
307(k) and involves no extraordinary circumstances. This rulemaking 
changes maintenance record requirements for certain transport category 
aircraft.

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 (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

14 CFR Part 21

    Certification procedures for products and parts, Airworthiness 
certificates, Special flight permits.

14 CFR Part 121

    Operating requirements: Domestic, flag, and supplemental 
operations; Maintenance, preventive maintenance, and alterations; 
Maintenance recording requirements.

14 CFR Part 135

    Operating requirements: Commuter and on demand operations and rules 
governing persons on board such aircraft; Maintenance, Preventive 
maintenance, and alterations.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

0
1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.


0
2. Amend Sec.  21.197 to revise paragraph (c) introductory text to read 
as follows:


Sec.  21.197  Special flight permits.

* * * * *
    (c) Upon application, as prescribed in Sec.  119.51 or Sec.  
91.1017 of this chapter, a special flight permit with a continuing 
authorization may be issued for aircraft that may not meet applicable 
airworthiness requirements but are capable of safe flight for the 
purpose of flying aircraft to a base where maintenance or alterations 
are to be performed. The permit issued under this paragraph is an 
authorization, including conditions and limitations for flight, which 
is set forth in the certificate holder's operations specifications. The 
permit issued under this paragraph may be issued to--
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 
44906, 44912, 44914, 44936, 44938, 46103, 46105.


0
2. Amend Sec.  121.380 to revise paragraph (b) to read as follows:


Sec.  121.380  Maintenance recording requirements.

* * * * *
    (b) A certificate holder need not record the total time in service 
of an engine or propeller on a transport category cargo airplane, a 
transport category airplane that has a passenger seat configuration of 
more than 30 seats, or a nontransport category airplane type 
certificated before January 1, 1958, until the following, whichever 
occurs first:
    (1) March 20, 1997; or
    (2) The date of the first overhaul of the engine or propeller, as 
applicable, after January 19, 1996.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
1. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722.

0
2. Revise paragraph (a) in Sec.  135.419 to read as follows:

Sec.  135.419  Approved aircraft inspection program.

    (a) Whenever the Administrator finds that the aircraft inspections 
required or allowed under part 91 of this chapter are not adequate to 
meet this part, or upon application by a certificate holder, the 
Administrator may amend the certificate holder's operations 
specifications under Sec.  119.51, to require or allow an approved 
aircraft inspection program for any make and model aircraft of which 
the certificate holder has the exclusive use of at least one aircraft 
(as defined in Sec.  135.25(b)).
* * * * *

    Issued in Washington, DC, on December 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 06-51 Filed 1-3-06; 8:45 am]
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