[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54815-54816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19056]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 119

[Docket No. FAA-2007-29313 (formerly 28154); Amendment No. 119-12]
RIN 2120-AF62


Commuter Operations and General Certification and Operations 
Requirements; Qualifications for Director of Maintenance for Part 135 
Operations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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[[Page 54816]]

SUMMARY: The Federal Aviation Administration (FAA) is making a minor 
technical change to a final rule, Commuter Operations and General 
Certification and Operations Requirements. This final rule established 
the requirements for certain management officials for certificate 
holders. In the final rule the FAA unintentionally included an 
incorrect experience requirement for the Director of Maintenance for 
commuter and on-demand operators. This amendment corrects that 
experience requirement.

DATES: Effective on September 27, 2007.

FOR FURTHER INFORMATION CONTACT: Kim A. Barnette, Flight Standards 
Service (AFS-350), Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC; phone (202) 493-4922; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: On December 20, 1995 (60 FR 65832), the FAA 
published a final rule in the Federal Register, better known as ``the 
commuter rule'', that established the requirements for certain 
management officials in parts 121 and 135. Although the FAA clearly 
stated in the preamble to this final rule that ``In addition to other 
requirements, these candidates will have to have three years of 
experience (within their respective fields) within the past six years 
to be eligible for a Director position,'' the specific years of 
experience in the rule language in part 135 was incorrect. The part 121 
experience requirement of Sec.  119.67 correctly states this ``3 years 
within 6 years'' experience requirement; however the part 135 
requirement in Sec.  119.71 was incorrectly stated as ``3 years within 
3 years.''
    By petition for rulemaking dated September 5, 2007, the Regional 
Air Cargo Carriers Association (RACCA) asked the FAA to correct this 
technical error. The RACCA correctly pointed out that it makes no sense 
to have an experience requirement in part 135 that is more stringent 
than the same requirement in part 121.

Technical Amendment

    This technical amendment will correct an unintentional error in the 
years of experience requirement in Sec.  119.71 to make it consistent 
with Sec.  119.67.

Justification for Immediate Adoption

    Because this action corrects an unintentional error in rule 
language for Sec.  119.71, the FAA finds that good cause exists under 5 
U.S.C. 553(d) for making this rule effective upon publication.

List of Subjects in 14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

The Amendment

0
In consideration of the foregoing, the FAA amends 14 CFR chapter I as 
follows:

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
1. The authority citation for part 119 continues to read as follows:

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


0
2. Amend Sec.  119.71 by revising paragraphs (e)(1) and (2) to read as 
follows:


Sec.  119.71  Management personnel: Qualifications for operations 
conducted under part 135 of this chapter.

* * * * *
    (e) * * *
    (1) Have 3 years of experience within the past 6 years maintaining 
aircraft as a certificated mechanic, including, at the time of 
appointment as Director of Maintenance, experience in maintaining the 
same category and class of aircraft as the certificate holder uses; or
    (2) Have 3 years of experience within the past 6 years repairing 
aircraft in a certificated airframe repair station, including 1 year in 
the capacity of approving aircraft for return to service.
* * * * *

    Issued in Washington, DC, on September 19, 2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E7-19056 Filed 9-26-07; 8:45 am]
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