[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Rules and Regulations]
[Pages 49158-49163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17612]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 145
[Docket No.: FAA-2016-8744; Amdt. No. 145-31]
RIN 2120-AK86
Repair Stations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Interim final rule.
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SUMMARY: The Federal Aviation Administration (FAA) is revising its
repair station rules to remove the requirement that a repair station
with an airframe rating provide suitable permanent housing to enclose
the largest type and model aircraft listed on its operations
specifications. The FAA is also revising its general housing and
facilities regulation to provide that a repair station's housing for
its facilities, equipment, materials, and personnel must be consistent
not only with its ratings, but also with its limitations to those
ratings. Finally, the FAA is adding an additional general purpose
limited rating to cover maintenance work not covered by the existing 12
limited rating categories. These changes are necessary because the
existing ratings and housing rules impose unnecessary housing
requirements on certain repair stations that work only on component
parts of an aircraft. These changes will enable some repair stations to
obtain a limited rating that is tailored to their intended scope of
work, and will relieve repair stations that have a limited airframe
rating, but that work only on component parts of an aircraft, from
having to provide large and expensive housing to enclose the entire
aircraft when that type of housing is not needed for the limited scope
of their work.
DATES: Effective July 27, 2016.
Submit comments on or before August 26, 2016.
ADDRESSES: Send comments identified by docket number FAA-2016-8744
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Susan Traugott Ludwig, Aircraft Maintenance
Division, Repair Station Branch, AFS-340, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (214) 587-8887; email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 49159]]
Good Cause for Final Adoption
Section 553(b)(3)(B) of the Administrative Procedures Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue an interim final rule without seeking comment prior to
the rulemaking.
The FAA finds that notice and public comment to this interim final
rule are unnecessary and contrary to the public interest. The
provisions in this interim final rule will remove restrictive housing
language affecting repair stations that hold limited airframe ratings
and perform maintenance on airframe component parts rather than the
entire aircraft. This rule will also amend the limited ratings section
by adding a rating that will provide certificate holders and applicants
with an additional option for defining the work they actually intend to
perform. The removal of the restrictive housing language and adding an
additional limited rating will not adversely affect current and future
certificate holders. Regarding the restrictive housing language, this
change is also consistent with how this regulation has been applied in
practice. In addition, the removal of the restrictive language and
adding an additional limited rating will not have a negative safety
impact. The language is adopted to relieve economic burdens on the
repair station industry and the possibility of forced repair station
closings if the amended language were to be applied literally.
Therefore, the FAA has determined that notice and public comment prior
to publication are unnecessary.
In addition, in accordance with 5 U.S.C. 553(d)(1), the FAA is
making this interim final rule effective upon publication because it is
a substantive rule that relieves a restriction.
Comments Invited
The Regulatory Policies and Procedures of the Department of
Transportation (DOT), (44 FR 1134; February 26, 1979), provide that to
the maximum extent possible, operating administrations for the DOT
should provide an opportunity for public comment on regulations issued
without prior notice. Although the FAA is inviting comments, we have
made the determination to adopt this interim final rule without prior
notice and public comment due to the need to expedite a resolution for
repair stations that perform maintenance on airframe component parts by
removing the restrictive housing requirement and providing an
additional limited rating as another option.
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.
This rulemaking is promulgated under the authority described in
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 equipment and facilities for, and the
timing and manner of, inspecting, servicing, and overhauling of
aircraft, aircraft engines, propellers, appliances and constituent
parts thereof. Under section 44707, the FAA may examine and rate repair
stations. This regulation is within the scope of section 44701 since it
specifies the facilities required, and the regulation is within the
scope of 44707 since it specifies the ratings that are held by the
repair stations.
I. Background
Statement of the Problem
The FAA's rules provide for two categories of repair station
ratings that define and govern which articles \1\ repair stations may
work on under the part 145 regulations. These are class ratings
(provided for in Sec. 145.59) and limited ratings (provided for in
Sec. 145.61). Class ratings are broadly defined, and generally cover
all articles listed in the category. Under Sec. 145.61, however, the
``FAA may issue a limited rating to a repair station that maintains or
alters only a particular type of airframe, powerplant, propeller,
radio, instrument, or accessory, or part thereof.'' Section 145.61(b)
provides that the FAA may issue limited ratings for 12 categories of
aircraft articles. These are:
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\1\ Ref. 14 CFR 145.3, ``Article'' means aircraft, airframe,
aircraft engine, propeller, appliance, or component part.
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(1) Airframes of a particular make and model;
(2) Engines of a particular make and model;
(3) Propellers of a particular make and model;
(4) Instruments of a particular make and model;
(5) Radio equipment of a particular make and model;
(6) Accessories of a particular make and model;
(7) Landing gear components;
(8) Floats, by make;
(9) Nondestructive inspection, testing, and processing;
(10) Emergency equipment;
(11) Rotor blades, by make and model; and
(12) Aircraft fabric work.
Prior to 2001, Sec. 145.33(b) \2\ listed 13 categories for which
the FAA issued limited ratings. The last of these (the 13th category)
covered ``Any other purpose for which the Administrator finds the
applicant's request is appropriate.'' In the 2001 amendments, the FAA,
among other things, removed the 13th category of limited ratings. Now,
as before 2001, if an applicant for a repair station certificate did
not want a full class rating, but wanted to work only on a particular
component or component parts of an aircraft, the applicant would seek a
limited rating. After that amendment became effective in 2003, if the
component part or parts listed in the application were not airframe
components and did not fit in one of the other 11 limited rating
categories, the agency often issued a limited airframe rating anyway
with the make and model of the aircraft listed on the operations
specifications, and the scope of work pertaining to the component parts
requested, included as a limitation. In most of these cases, the FAA
did not consider the requirements in Sec. 145.103(b) that airframe-
rated repair stations must provide housing to enclose the entire
aircraft because the scope of the requested work did not require the
entire aircraft to be enclosed.
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\2\ The FAA amended part 145 in 2001 (66 FR 41088, August 6,
2001). The new rules became effective on April 6, 2003.
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In many cases, the issuance of these ratings ran afoul of the
agency's repair station housing and facilities regulations because many
airframe-rated repair stations performing only component part
maintenance did not provide housing that could enclose the entire
aircraft listed on their operations specifications. Although these
categories of repair stations could easily meet the requirements of
Sec. 145.103(a)(1) (which requires housing for the facilities,
equipment, materials, and personnel consistent with the repair
station's ratings) if their work was limited to working only on
component parts, many did not meet the requirements of Sec.
145.103(b). To answer the question whether the term ``airframe rating''
as used in Sec. 145.103(b) contemplates a limited airframe rating, in
March 2015, the FAA's Office of the
[[Page 49160]]
Chief Counsel issued a legal interpretation concluding that a limited
airframe rating is an airframe rating as the term is used in that
regulation.\3\ The interpretation essentially stated that an airframe-
rated repair station, whether limited airframe or class airframe-rated,
must obtain the housing as required in Sec. 145.103(b).
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\3\ FAA legal interpretation to Finazzo (March 4, 2015)
concluded that 14 CFR 145.103(b) requires a repair station with a
limited airframe rating to have housing large enough to enclose the
largest aircraft listed on its operations specifications. The
opinion stated that ``nothing in the regulatory history or plain
language of the regulation supports a conclusion that the airframe
rating of section Sec. 145.103(b) applies only to class ratings and
excludes limited airframe ratings.'' See Docket No. FAA-2016-8744.
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Prior to the March 2015 interpretation, some FAA offices that
issued limited airframe ratings for component parts work interpreted
the term airframe rating in Sec. 145.103(b) to refer only to a class
airframe rating. Thus, in those cases, the issue of requiring housing
to enclose the largest aircraft on the repair station's operations
specifications was never addressed. According to that reasoning, a
class rating as described in Sec. 145.59(a) would require housing
large enough to enclose the entire aircraft, but a limited airframe
rating provided as described in Sec. 145.61(b)(1) would not.\4\
Consequently, if an applicant sought only a limited airframe rating for
a component part(s), those FAA offices did not believe Sec. 145.103(b)
applied to those situations.
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\4\ This, despite that Sec. 145.61(b)(1) provides for a limited
airframe rating for a ``particular make and model'' aircraft. An
example could be a limited airframe rating for a Boeing Model 737
aircraft that would allow a repair station to perform maintenance on
only that model aircraft and no others. In that case, the holder of
that limited rating would be required to provide housing to enclose
that entire aircraft. It would be an anomalous result if the holder
of a class airframe rating with a Boeing 737 aircraft listed on its
operations specifications were required to house the entire
aircraft, but the holder of a limited airframe rating for the same
aircraft were not.
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Currently, many repair stations hold a limited airframe rating and
do not have housing to enclose the largest type and model aircraft
listed on their operations specifications. As one consequence of the
above-referenced legal interpretation, some repair stations that
perform maintenance on component parts only, and hold a limited
airframe rating, are being advised by their local FAA offices to either
obtain costly housing to enclose the largest type and model aircraft on
their operations specifications, or to seek an exemption from the
housing requirement. This has created an economic burden on these
repair stations and a potential resource burden on the FAA to process a
likely flood of petitions for exemption.
II. Overview of Interim Final Rule
To remedy the situations whereby some limited airframe-rated repair
stations are not in full compliance with the housing regulation, and
where, in some cases, the scope of work being performed does not
technically fit within the airframe rating, this interim final rule
will remove the one-size-fits-all requirement of current Sec.
145.103(b) and provide an additional limited rating category to cover
work not addressed by the existing 12 categories. These actions will
assist the repair station industry by eliminating the costly housing
requirement that is not necessary in many cases. In place of that
housing regulation, we are adding two amendments that will address and
resolve this issue.
First, the FAA is adding ``and limitations'' to the housing and
facilities requirements in Sec. 145.103(a)(1). With this change, the
housing for a repair station's facilities, equipment, materials, and
personnel must be consistent not only with its ratings, but also with
the limitations to those ratings. Adding ``limitations'' to this
regulation will assist both the repair stations and the FAA in
determining a repair station's housing needs by considering the
limitations associated with the rating under review. For example, a
repair station with a limited powerplant rating may list a certain make
and model of powerplant under its limited rating, but intend to
maintain or repair only specified component parts of the engine, such
as blade or vane repairs. The repair station would only need to provide
housing, equipment, materials, and personnel to perform maintenance on
blades and vanes if it does not perform work on the entire engine.
Second, the FAA is adding the 13th limited rating category under
Sec. 145.61(b) that was removed in the 2001 final rule. The new
limited rating will allow the FAA to issue a limited rating for any
other purpose for which it finds the applicant's request is
appropriate. The additional limited rating is intended to be issued for
repair stations that wish to perform maintenance on items such as
aircraft interiors, upholstering, serving carts, cabinets, unit load
devices, and other component items that do not necessarily fit into one
of the 12 existing limited ratings. This action provides future
certificate holders another option for ratings that will better define
the type of maintenance they wish to perform. It will reduce the number
of limited airframe ratings issued for component part work for which an
airframe rating is not needed. In some cases, existing repair stations
that hold limited airframe ratings issued for items that do not fit the
category may amend their rating to the newly restored 13th limited
rating, but such amendments are not required. If, however, an existing
airframe-rated repair station wishes to add a non-airframe component to
its operations specifications or capabilities list, it would have to
apply for a limited rating in one of the other 12 categories, as
appropriate.
III. Discussion of Interim Final Rule
In order to remedy the above-described problems caused by the
restrictive housing requirements of Sec. 145.103(b), the FAA is
removing the text in its entirety. Removing existing Sec. 145.103(b)
provides flexibility to certificate holders and applicants with regard
to the type of housing they are required to provide. Current Sec.
145.103(c) provides that a certificated repair station may perform
maintenance on articles outside of its housing if it provides suitable
facilities that meet the general housing and facilities requirements of
Sec. 145.103(a) so that the work can be done in accordance with 14 CFR
part 43. This paragraph is renumbered as Sec. 145.103(b).
Although the requirement to enclose the largest type and model
aircraft is no longer required, suitable housing as identified in
Sec. Sec. 145.101 and 145.103(a) remains applicable for all repair
stations, regardless of whether they hold class or limited ratings.
Section 145.101 requires, generally, that each certificated repair
station ``must provide housing, facilities, equipment, materials, and
data that meet the applicable requirements for the issuance of the
certificate and ratings the repair station holds.'' Therefore, the FAA
must evaluate each repair station application to assure that the
housing and other requirements appropriate to the rating sought are
met. In order to meet the requirements of Sec. Sec. 145.101 and
145.103(a), repair stations that intend to work on an entire aircraft,
or large portions of it, would still be required to provide housing
that ensures appropriate protection from environmental elements for the
work being performed.
The FAA is removing the introductory phrase of Sec. 145.205(d)
(``Notwithstanding the housing requirement of Sec. 145.103(b)'')
because the referenced section is being withdrawn by this rulemaking.
As a result of that withdrawal, part 145 will no longer contain a
specific housing regulation requiring an entire aircraft to be
enclosed--rather the general
[[Page 49161]]
requirements of Sec. Sec. 145.101 and 145.103 will require housing and
other protections appropriate for the work performed. Newly renumbered
Sec. 145.103(b) (formerly Sec. 145.103(c)) permits repair stations
(including those authorized to perform line maintenance under Sec.
145.205(d)) to perform maintenance outside of its housing so long as
they provide suitable facilities to adequately protect the work and
personnel. Although new Sec. 145.103(b) will still require a repair
station to provide suitable facilities if the repair station works
outside of its housing, the intent remains that those repair stations
authorized to perform line maintenance at airport locations on the ramp
outside of housing should ensure, to the extent practicable, that the
work is protected from adverse elements in accordance with Sec. Sec.
145.101 and 145.103.
In addition, the FAA is adding the phrase ``and limitations'' to
the end of paragraph (1) of Sec. 145.103(a). The section will now
require that each certificated repair station must provide: ``(1)
Housing for the facilities, equipment, materials, and personnel
consistent with its ratings and limitations.'' With this change, if a
repair station's scope of work is limited to work that does not require
the size and type of housing that the rating without the limitation
would require, the repair station would need to provide housing only
sufficient to accommodate its limited scope of work.
Finally, this interim final rule adds a limited rating to Sec.
145.61(b) that allows the FAA to issue limited ratings for any other
purpose for which it finds the applicant's request is appropriate. This
new rating provides applicants and existing certificate holders another
option for ratings that will better define the type of maintenance they
wish to perform, whether it be on component parts of an airframe,
powerplant, propeller, or on any other article in the class ratings
identified in Sec. 145.59. Without this additional rating category,
many repair stations could continue to be issued a limited airframe
rating as a catch all rating, which does not always clearly identify
the actual type of work being performed.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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
(Pub. L. 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 interim 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 to 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
this determination follows.
Currently, Sec. 145.103(b) states that a certificated repair
station with an airframe rating must provide suitable permanent housing
to enclose the largest type and model of aircraft listed on its
operations specifications. This requirement is problematic for airframe
rated repair stations that perform maintenance only on component parts
and not the entire aircraft. Airframe-rated repair stations that do not
provide the housing because they do not need it for their scope of work
need to petition for an exemption from it. This rule will remove Sec.
145.103(b) and retain the general housing and facilities requirements
in Sec. Sec. 145.101 and 145.103(a) and (c), which specify that each
repair station must provide suitable housing consistent with its
ratings. Thus this rule will remove an unnecessary burden for airframe-
rated repair stations, and the costs would be minimal, as it is
relieving in nature.
The FAA's review of past exemption requests prompted by the
existing requirement in Sec. 145.103(b) showed that from 2004 to the
present, the agency processed 15 petitions for exemption. The FAA
estimates that, on average, a petitioner spends 20 hours to prepare a
petition for exemption from Sec. 145.103(b), and the FAA takes 50
hours to process each of those petitions. According to data from the
Bureau of Labor Statistics, in 2016 the mean hourly wage with benefits
is $41.38 for a mechanic and supervisor. The average hourly wage for a
J band FAA employee in Washington DC is $58.00. Over a twelve-year
period at today's wages, the estimated savings equals 15 exemptions
multiplied by 20 hours per exemption multiplied by $41.38 per hour,
plus 15 exemptions multiplied by 50 hours per exemption multiplied by
$58.00 per hour, which equals $56,000, or approximately $4,700
annually. This is a minimal cost; therefore, under Department of
Transportation Order DOT 2100.5, the agency is not required to prepare
a full regulatory evaluation.
The FAA has, therefore, determined that this 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.
B. 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
[[Page 49162]]
factual basis for this determination, and the reasoning should be
clear.
Many repair stations are small entities. Future business decisions
to provide repair of aircraft components can be negatively impacted if
the existing housing rule for airframe-rated repair stations remains in
place. Currently each airframe-rated repair station must provide
suitable permanent housing to enclose the largest type and model of
aircraft listed on its operations specifications. For those airframe-
rated repair stations that provide component maintenance only, and not
full aircraft maintenance, the requirement to provide permanent housing
for the aircraft would be very expensive and counterproductive. Most of
the petitions for exemption from Sec. 145.103(b) are from repair
stations that do not work on an entire aircraft. This rule removes
Sec. 145.103(b) so that all repair stations will need to provide only
the housing necessary to conduct their repair business. Thus this rule
will be relieving in nature and be a benefit to small entities, albeit
a small benefit. While the rule will impact a substantial number of
small entities, it will not impose a significant economic impact on
them.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. 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 rule and determined that it
offers the same relieving impact on affected international repair
stations.
D. 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
(in 1995 dollars) 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 $155 million in lieu of $100
million. This rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this interim final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Harmonization. This rulemaking will not be involved in
harmonization with any foreign aviation authorities.
G. Environmental Analysis
FAA Order 1050.1F 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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this interim final rule under the principles
and criteria of Executive Order 13132, Federalism. The agency
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal 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.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this interim final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use (May 18, 2001). The agency has determined
that it is not a ``significant energy action'' under the executive
order and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.
VI. How To Obtain Additional Information
A. Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at: http://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
B. Comments Submitted to the Docket
Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to
[[Page 49163]]
search the docket number for this action. Anyone is able to search the
electronic form of all comments received into any of the FAA's 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.).
C. 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. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 145
Aircraft, Aviation safety, and Reporting and recordkeeping
requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 145--REPAIR STATIONS
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1. The authority citation for part 145 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717.
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2. Amend Sec. 145.61 by--
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A. Removing ``and'' from the end of paragraph (b)(11);
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B. Removing the period from the end of paragraph (b)(12) and adding ``;
and'' in its place; and
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C. Adding paragraph (b)(13).
The addition reads as follows:
Sec. 145.61 Limited ratings.
* * * * *
(b) * * *
(13) Any other purpose for which the FAA finds the applicant's
request is appropriate.
* * * * *
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3. Revise Sec. 145.13 to read as follows:
Sec. 145.103 Housing and facilities requirements.
(a) Each certificated repair station must provide--
(1) Housing for the facilities, equipment, materials, and personnel
consistent with its ratings and limitations.
(2) Facilities for properly performing the maintenance, preventive
maintenance, or alterations of articles or the specialized service for
which it is rated. Facilities must include the following:
(i) Sufficient work space and areas for the proper segregation and
protection of articles during all maintenance, preventive maintenance,
or alterations.
(ii) Segregated work areas enabling environmentally hazardous or
sensitive operations such as painting, cleaning, welding, avionics
work, electronic work, and machining to be done properly and in a
manner that does not adversely affect other maintenance or alteration
articles or activities;
(iii) Suitable racks, hoists, trays, stands, and other segregation
means for the storage and protection of all articles undergoing
maintenance, preventive maintenance, or alterations, and;
(iv) Space sufficient to segregate articles and materials stocked
for installation from those articles undergoing maintenance, preventive
maintenance, or alterations to the standards required by this part.
(v) Ventilation, lighting, and control of temperature, humidity,
and other climatic conditions sufficient to ensure personnel perform
maintenance, preventive maintenance, or alterations to the standards
required by this part.
(b) A certificated repair station may perform maintenance,
preventive maintenance, or alterations on articles outside of its
housing if it provides suitable facilities that are acceptable to the
FAA and meet the requirements of Sec. 145.103(a) so that the work can
be done in accordance with the requirements of part 43 of this chapter.
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4. Amend Sec. 145.205(d) by revising the introductory text of
paragraph (d) to read as follows:
Sec. 145.205 Maintenance, preventive maintenance, and alterations
performed for certificate holders under parts 121, 125, and 135, and
for foreign persons operating a U.S.-registered aircraft in common
carriage under part 129.
* * * * *
(d) The FAA may grant approval for a certificated repair station to
perform line maintenance for an air carrier certificated under part 121
or part 135 of this chapter, or a foreign air carrier or foreign person
operating a U.S.-registered aircraft in common carriage under part 129
of this chapter on any aircraft of that air carrier or person,
provided-
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on July 15, 2016.
Michael Huerta,
Administrator.
[FR Doc. 2016-17612 Filed 7-26-16; 8:45 am]
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