[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Rules and Regulations]
[Pages 69190-69191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20254]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 43
[Docket No.: FAA-2004-17683]
RIN 2120-AI19
Implementing the Maintenance Provisions of Bilateral Agreements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; notice of effective date.
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SUMMARY: The FAA is announcing the effective date of the final rule,
publishedJuly 14, 2005, that amended the regulations governing
maintenance, preventive maintenance, and alterations performed on U.S.
aeronautical products by certain Canadian persons. That revision
removes specific regulatory references and other requirements and
requires that the maintenance, preventive maintenance, and alterations
be performed in accordance with a Bilateral Aviation Safety Agreement
(BASA) between the United States and Canada and associated Maintenance
Implementation Procedures (MIP). When the rule was published, the FAA
announced the amendments would become effective concurrent with the
date the MIP entered into force. The MIP was signed and entered into
force on August 31, 2006; accordingly, the amendments became effective
on that date.
DATES: The effective date of Sec. 43.17 is August 31, 2006.
FOR FURTHER INFORMATION CONTACT: William D. Scott, Flight Standards,
Aircraft Maintenance Division, AFS-300, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (502) 753-4202; facsimile (502) 753-4232, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
The Final Rule
On July 14, 2005, the FAA issued a final rule amending Sec. 43.17
of Title 14 of the Code of Federal Regulations (CFR), Maintenance,
preventive maintenance, and alterations performed on U.S. aeronautical
products by certain Canadian persons. (70 FR 40872). The United States
and Canada had entered into an international agreement called a
Bilateral Aviation Safety Agreement (BASA) that was in line with BASAs
negotiated with other countries. The FAA and its Canadian counterpart,
Transport Canada Civil Aviation (TCCA) of the Department of Transport,
were negotiating Maintenance Implementation Procedures (MIP) to
accompany the BASA. The amendment to Sec. 43.17 removes specific
regulatory references that if not removed would have constrained
development of a standardized MIP.
The amendment also makes other minor changes and requires that all
maintenance, preventive maintenance, and alterations performed by
Canadian Approved Maintenance Organizations (AMOs) and Aviation
Maintenance Engineers (AMEs) on U.S. aeronautical products be done in
accordance with a BASA between the United States and Canada and the
associated MIP.
The MIP has been finalized. It was signed on August 31, 2006, and
became effective immediately upon signing. In the preamble to the final
rule the FAA stated, ``These amendments become effective concurrent
with the date the MIP accompanying the BASA between the United States
and Canada enters into force.'' Since the MIP is now final and entered
into force on August 31, 2006, the FAA now sets the effective date for
the above-referenced amendment to Sec. 43.17 to be August 31, 2006.
The FAA has also prepared guidance material to assist maintenance
providers in complying with the MIP. This guidance is contained in
Advisory Circular (AC) AC 43-10B. A copy of the AC may be obtained by
accessing the FAA's Regulatory and Guidance Library Web page at http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgWebcomponents.nsf/HomeFrame?OpenFrameSet.
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 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
[[Page 69191]]
is impracticable, unnecessary, and contrary to the public interest.
This rule sets the effective date for a rulemaking that has already
been through the public comment process. Seeking prior public comments
on the effective date is impracticable, as well as contrary to the
public interest in the orderly promulgation and implementation of this
rule.
In consideration of the foregoing, the FAA announces the effective
date of 14 CFR part 43, Amendment 43-40, published July 14, 2005. The
amendments require that the maintenance, preventive maintenance, and
alterations be performed in accordance with a Bilateral Aviation Safety
Agreement (BASA) between the United States and Canada and associated
Maintenance Implementation Procedures (MIP). The MIP was signed and
entered into force on August 31, 2006; accordingly, the amendments
became effective on that date.
Issued in Washington, DC, on November 22, 2006.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. E6-20254 Filed 11-29-06; 8:45 am]
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