[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Rules and Regulations]
[Pages 53678-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 43

[Docket No. FAA-2007-28631; Amendment No. 43-41]
RIN 2120-AJ11


Recording of Major Repairs and Major Alterations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends instructions to aviation maintenance 
providers regarding submittal of FAA Form 337, Major Repair and 
Alteration, for either major repair or major alteration; or for 
extended-range fuel tanks installed within the passenger compartment or 
a baggage compartment. This change clarifies the mailing instructions 
when submitting Form 337 to the FAA. The intent of this action is to 
amend the regulation to ensure mailing requirements are clear and 
accurate.

DATES: This amendment becomes effective September 20, 2007.

FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone: (202-
493-4922); facsimile: (202-267-5115); e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on 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.
    The FAA is issuing this rulemaking under the authority set forth in 
49 U.S.C. 44701(a)(5). This regulation is within the scope of that 
authority because the Administrator is charged with promoting safe 
flight of civil aircraft by, among other things, prescribing 
regulations and minimum standards for practices, methods, and 
procedures the Administrator finds necessary for safety in air commerce 
and national security.

Background

    On September 9, 1987, the FAA published a final rule entitled 
``Aircraft Identification and Retention of Fuel System Modification 
Records,'' (52 FR 34096). Among other changes, this rule amended part 
43, Appendix B, by revising the introductory text of paragraph (a) and 
adding a new paragraph (d). This rule provided instructions so major 
alterations for fuel tanks and system modifications would be segregated 
from other major repairs and alterations.
    The new paragraph (d) provided instructions for disposition of the 
Form 337, Major Repair and Alteration, whenever extended-range fuel 
tanks are installed within the passenger compartment or a baggage 
compartment. As part of those instructions, paragraph (c)(2) of 
Appendix B is referenced for distribution of Form 337.
    The FAA has found that since adding paragraph (d), there has been a 
decline in Form 337s received for extended-range fuel tanks. Review of 
part 43, Appendix B revealed a wrong address. As currently written, 
paragraph (c)(2) directs individuals to send a copy of Form 337 to an 
incorrect address. Any FAA Form 337 that describes a modification to an 
aircraft fuel system or that shows additional tanks installed, should 
be mailed to the FAA, Aircraft Registration Branch, AFS-751, P.O. Box 
25724, Oklahoma City, OK. All other FAA Form 337s should be mailed to 
the FAA, Aircraft Registration Branch, AFS-750, P.O. Box 25504, 
Oklahoma City, OK.
    The change in this final rule will clarify and correct the mailing 
instructions and does not affect any other requirements in part 43.

Reason for Final Rule

    This final rule amends the mailing instructions for FAA Form 337 in 
part 43, Appendix B, paragraphs (c) and (d). The change will allow 
submission of FAA Form 337 to the correct address. The intent of this 
action is to amend the regulation to ensure that instructions for 
submitting this form are clear and accurate.

Justification for Immediate Adoption

    Because the circumstances described herein warrant immediate 
action, the Administrator finds that notice and public comment under 5 
U.S.C. 553(b) is impracticable and contrary to the public interest. 
Further, the Administrator finds that good cause exists under 5 U.S.C. 
553(d) for making this rule effective in less than 30 days after 
publication in the Federal Register. The amendment ensures FAA's 
commitment to the Anti Drug Abuse Act of 1988, Subtitle E, FAA Drug 
Enforcement Assistance Act of 1988.

[[Page 53679]]

Paperwork Reduction Act

    Information collection requirements associated with this final rule 
have been previously approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. section 3507(d)), and have been assigned OMB Control Number 
2120-0020.
    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 OMB control number.

International Compatibility

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because there is not a comparable rule under ICAO standards.

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 that 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 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
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 and, where appropriate, that they 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 with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    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 proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it 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 final rule. The reasoning 
for this determination follows:
    Since this final rule merely clarifies FAA procedures, the expected 
outcome will be a minimal impact with positive net benefits, and a 
regulatory evaluation was not prepared. FAA has, therefore, determined 
that this final rule 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.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' 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 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 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 revises an incorrect mailing address; the 
expected outcome will have only a minimal impact on any small entity 
affected by this rulemaking action. Therefore, as the FAA 
Administrator, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 has determined that it will 
respond to a domestic safety objective and not considered an 
unnecessary obstacle to trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 with the base year 1995) 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 $128.1 million in lieu of $100 million.
    This final rule does not contain such a mandate.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents 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

[[Page 53680]]

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 your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends part 43 of Title 14, Code of Federal Regulations as follows:

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND 
ALTERATIONS

0
1. The authority citation for part 43 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707, 
44711, 44713, 44717, 44725.

0
2. Appendix B is amended by revising paragraphs (c) and (d) to read as 
follows:

Appendix B to Part 43--Recording of Major Repairs and Major Alterations

* * * * *
    (c) Except as provided in paragraph (d) of this appendix, for a 
major repair or major alteration made by a person authorized in 
Sec.  43.17, the person who performs the major repair or major 
alteration and the person authorized by Sec.  43.17 to approve that 
work shall execute an FAA Form 337 at least in duplicate. A 
completed copy of that form shall be--
    (1) Given to the aircraft owner; and
    (2) Forwarded to the Federal Aviation Administration, Aircraft 
Registration Branch, AFS-750, Post Office Box 25504, Oklahoma City, 
OK 73125, within 48 hours after the work is inspected.
    (d) For extended-range fuel tanks installed within the passenger 
compartment or a baggage compartment, the person who performs the 
work and the person authorized to approve the work by Sec.  43.7 
shall execute an FAA Form 337 in at least triplicate. A completed 
copy of that form shall be--
    (1) Placed on board the aircraft as specified in Sec.  91.417 of 
this chapter;
    (2) Given to the aircraft owner; and
    (3) Forwarded to the Federal Aviation Administration, Aircraft 
Registration Branch, AFS-751, Post Office Box 25724, Oklahoma City, 
OK 73125, within 48 hours after the work is inspected.
* * * * *

    Issued in Washington, DC on August 27, 2007.
James J. Ballough,
Director, Flight Standards Service. 10
 [FR Doc. E7-18584 Filed 9-19-07; 8:45 am]
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