Repair Stations, 15580-15583 [05-5856]
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Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
Issued in Renton, Washington, on March
23, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–6106 Filed 3–25–05; 8:45 am]
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Aviation Administration
14 CFR Part 71
14 CFR Part 145
BILLING CODE 4910–13–P
[Docket No. FAA–2005–20062; Airspace
Docket No. 05–ACE–4]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–1999–5836]
Modification of Class E Airspace;
Nevada, MO
Federal Aviation
Administration (FAA), DOT.
AGENCY:
14 CFR Part 71
[Docket No. FAA–2005–20061; Airspace
Docket No. 05–ACE–3]
Direct final rule; confirmation of
effective date.
ACTION:
Modification of Class E Airspace;
Ozark, MO
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
SUMMARY: This document confirms the
effective date of the direct final rule
which revises Class E airspace at Ozark,
MO.
EFFECTIVE DATE: 0901 UTC, May 12,
2005.
FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION: The FAA
published this direct final rule with a
request for comments in the Federal
Register on February 10, 2005 (70 FR
7021) and the Federal Register
subsequently published a correction to
the rule on Friday, February 18, 2005
(70 FR 8432). The FAA uses the direct
final rulemaking procedure for a noncontroversial rule where the FAA
believes that there will be no adverse
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
May 12, 2005. No adverse comments
were received, and thus this notice
confirms that this direct final rule will
become effective on that date.
Issued in Kansas City, MO, on March 15,
2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–5966 Filed 3–25–05; 8:45 am]
SUMMARY: This document confirms the
effective date of the direct final rule
which revises Class E airspace at
Nevada, MO.
EFFECTIVE DATE:
0901 UTC, May 12,
2005.
FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
The FAA
published this direct final rule with a
request for comments in the Federal
Register on February 10, 2005 (70 FR
7020). The FAA uses the direct final
rulemaking procedure for a noncontroversial rule where the FAA
believes that there will be no adverse
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
May 12, 2005. No adverse comments
were received, and thus this notice
confirms that this direct final rule will
become effective on that date.
SUPPLEMENTARY INFORMATION:
Issued in Kansas City, MO, on March 15,
2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–5967 Filed 3–25–05; 8:45 am]
BILLING CODE 4910–13–M
BILLING CODE 4910–13–M
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Repair Stations
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; delay of effective
date.
AGENCY:
SUMMARY: The FAA is delaying the
effective date of the final rule requiring
each repair station to have an approved
training program. This action is
necessary because applicable guidance
material is not yet available to assist
repair stations in developing their
programs. The delayed date will give
repair stations sufficient time to develop
their programs and will give the FAA
time to evaluate and approve them.
DATES: The effective date of § 145.163
published at 66 FR 41117 (August 6,
2001) is delayed until April 6, 2006. The
amendments in this final rule become
effective April 6, 2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Herbert E. Daniel, Aircraft Maintenance
Division, General Aviation and Repair
Station Branch (AFS–340), Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591; facsimile (202) 267–5115; email Herbert.E.Daniel@faa.gov or by
telephone at (202) 267–3109; or Mr. Dan
Bachelder, AFS–340, at the address or
facsimile listed above or e-mail
Dan.Bachelder@faa.gov or by telephone
at (202) 267–7027.
SUPPLEMENTARY INFORMATION:
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 title 49,
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 regulations and standards
in the interest of safety for inspecting,
servicing, and overhauling aircraft,
aircraft engines, propellers, and
appliances. It may also prescribe
equipment and facilities for, and the
timing and manner of, inspecting,
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Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
servicing, and overhauling. Under
section 44707, the FAA may examine
and rate repair stations.
This regulation is within the scope of
section 44701 since it pertains to the
new requirement for repair stations to
have FAA-approved training programs
in the interest of enhancing safety. The
regulation is within the scope of section
47707 since it will assist repair stations
in developing better training programs
by allowing them to develop those
programs based on FAA-issued
guidance materials.
The Final Rule
On July 30, 2001, the FAA issued a
final rule to update and revise repair
station regulations (66 FR 41088, August
6, 2001). In that rulemaking action, the
FAA established a new requirement that
each repair station have an employee
training program approved by the FAA
that consists of initial and recurrent
training. In the preamble to the final
rule, the FAA stated, ‘‘Before the
effective date of the final rule, the FAA
will issue advisory material regarding
the required training program.’’ The
effective date for the new training
requirements was set two years after the
effective date of the revised rule for
repair stations to provide repair stations
time to develop their programs. The
new training requirements are
scheduled to become effective on April
6, 2005.
On December 22, 2004, the FAA
published a Notice of Availability of
draft Advisory Circular AC 145–RSTP.
This document would provide guidance
to repair stations for their training
programs. In response to multiple
comments from industry associations,
the FAA has extended the comment
period to March 22, 2005 (70 FR 3243;
January 21, 2005). The extended
comment period will enable repair
station operators to submit meaningful
comments on whether the guidance
material is useful in developing training
programs that comply with § 145.163.
When the comment period closes, the
FAA will review the comments. We
expect commenters will have
meaningful suggestions for improving
the guidance. We also expect that some
commenters will call attention to new
training technologies that would benefit
a training program. The FAA will need
time to consider the comments and to
incorporate meaningful changes into AC
145–RSTP that will benefit these
smaller entities in the development of
their training programs.
Further, due to recent events in the
European Union, the European
Commission (EC) has passed and
implemented commission regulation
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2042/2003. This regulation also impacts
the domestic United States by requiring
all European-registered aircraft to be
maintained in accordance with annex 2,
part 145. The FAA recognizes that 1,275
US-based 14 CFR part 145 repair
stations are also approved under EC
regulation 2042 and are now required to
meet the repair station manual
supplement requirements of EC 2042,
hereinafter referred to as European
Aviation Safety Agency (EASA) part
145. This new requirement to transition
from the former Joint Aviation
Authority (JAA) to EASA part 145 will
require many US-based repair stations
to revise their current JAA supplements
to the EASA part 145 supplement
requirements. Concurrently with its
review and evaluation of the U.S.certificated repair stations’ training
programs, the FAA also must allot
resources to review and accept these
EASA part 145 manual supplement
revisions. In light of these developments
and the United States’ international
agreements, as well as FAA
international obligations, the FAA finds
that implementing the § 145.163
training program and EASA supplement
to repair station manuals by April 6,
2005 would impose a significant burden
on the repair station industry as well as
the FAA.
Delaying the effective date of 14 CFR
145.163 for 12 months will have the
ancillary benefit of reducing the burden
on the 1,275 U.S.-based repair stations
that must meet the EASA part 145
manual supplement requirements. They
will have additional time in which to
develop both those revisions and the
training programs required by § 145.163.
Similarly, the extension will provide
additional time for the FAA to review
them.
In summary, the FAA is delaying the
effective date of 14 CFR 145.163 for 12
months because:
1. We have extended the comment
period on the proposed guidance
material and, therefore, have not yet
issued the final guidance, and
2. We want to adhere as closely as
possible to a transition period between
the time the guidance is issued and the
effective date of the rule. The additional
time will enable repair stations to use
that guidance material when it becomes
available in developing their programs.
Paperwork Reduction Act
There are no new requirements for
information collection associated with
this amendment.
International Compatibility
In keeping with U.S. obligations
under the Convention on International
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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 ‘‘No Notice’’
Sections 553(b)(3)(B) and 553(d)(3) of
the Administrative Procedures Act
(APA) (5 U.S.C. 553(b)(3)(B) and
553(d)(3)) authorize agencies to
dispense with certain notice procedures
for rules when they find ‘‘good cause’’
to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity
for comment do not apply when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The FAA finds that notice and
public comment on this final rule are
impracticable. For the APA,
‘‘impracticable’’ means that, if notice
and comment procedures were
followed, they would defeat the purpose
of the rule. As explained previously, the
purpose of this final rule is to extend
the effective date for the repair station
training requirements from April 6,
2005, to April 6, 2006. Coordinating and
issuing rulemaking documents will take
time under current procedures. We
cannot issue a notice, receive
comments, and issue a final rule before
the current effective date. Repair
stations will also need adequate time
before the effective date to develop their
training programs following guidance to
be provided by the FAA. Therefore, any
delay in issuing this final rule would
subject repair stations to confusion and
the expense of trying to establish
training programs hurriedly without
final guidance from the FAA. Therefore,
it is ‘‘impracticable’’ to provide notice
and opportunity to comment.
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
is impracticable, unnecessary, and
contrary to the public interest. This
delay of effective date will give repair
stations sufficient time to use FAA
guidance material in preparing to
operate under the amended regulations
for repair stations. Given the imminence
of the effective date, seeking prior
public comments on this temporary
delay would have been impracticable, as
well as contrary to the public interest in
the orderly promulgation and
implementation of this rule.
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15582
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
Economic Evaluation, Regulatory
Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates
Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs
each Federal agency to propose or adopt
a regulation only if the agency makes 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) bans 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. Where suitable, the Trade
Act directs agencies to use those
international standards as the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 requires
agencies to prepare a written assessment
of the costs, benefits, and other effects
of proposed or final rules. This
requirement applies only to rules that
include a Federal mandate on State,
local, or tribal governments, likely to
result in a total expenditure of $100
million or more in any one year
(adjusted for inflation). In conducting
these analyses, the FAA determines that
this rule:
(1) Has benefits which justify its costs
and is not a ‘‘significant regulatory
action’’ as defined in the Executive
Order and as defined in DOT’s
Regulatory Policies and Procedures;
(2) Will not have a significant impact
on a substantial number of small
entities;
(3) Has minimal effects on
international trade; and
(4) Does not impose an unfunded
mandate on State, local, or tribal
governments or on the private sector.
Economic Summary
This rule delays the effective date for
repair stations to establish their training
programs in accordance with § 145.163.
This action is necessary because
applicable guidance material is not yet
available to assist repair stations in
developing their programs. The
extended date will give repair stations
sufficient time to develop their
programs and will give the FAA time to
evaluate and approve them.There will
also be a decrease in overall paperwork
and costs if this rule has the extended
effective date.
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Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980, 5 U.S.C. 601–612, 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
informational requirements to the scale
of the business, organizations, and
governmental jurisdictions subject to
the regulation.’’ To achieve that
principle, the RFA requires agencies to
solicit and consider flexible regulatory
proposals to explain the rationale for
their actions. The RFA covers a widerange 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 final rule merely delays the
effective date for § 145.163. Its economic
impact is minimal. Therefore, we certify
that this 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 final
rule and determined that it has only a
domestic impact.
Unfunded Mandates Reform Act
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.
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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 a $100 million or
more expenditure (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. Therefore, the requirements
of Title II of the Unfunded Mandates
Reform Act of 1995 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. Therefore, we
have determined that this final rule does
not have federalism implications.
Environmental Analysis
FAA Order 1050.1E 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 proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312(d) and involves no
extraordinary circumstances.
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 (66 FR 28355, 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 in 14 CFR Part 145
Air carriers, Air transportation,
Aircraft, Aviation safety, Recordkeeping
and reporting requirements, Safety.
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The Amendment
DATES:
For the reasons set forth above, the
Federal Aviation Administration is
delaying the effective date of 14 CFR
145.163 and amending part 145 as
follows:
I
PART 145—REPAIR STATIONS
1. The authority citation for part 145 is
revised to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44707, 44709, 44717.
2. Revise § 145.163(a) introductory text
to read as follows:
I
§ 145.163
Effective December 23, 2004.
FOR FURTHER INFORMATION CONTACT:
Training requirements.
(a) A certificated repair station must
have an employee training program
approved by the FAA that consists of
initial and recurrent training. For
purposes of meeting the requirements of
this paragraph, beginning April 6,
2006—
*
*
*
*
*
Issued in Washington, DC, on March 17,
2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–5856 Filed 3–22–05; 3:29 pm]
BILLING CODE 4910–13–P
Celeste Johnston, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740–
3835, 301–436–1282.
SUPPLEMENTARY INFORMATION: In FR Doc.
04–28043, appearing on page 76844 in
the Federal Register of Thursday,
December 23, 2004, the following
corrections are made:
1. On page 76844, in the second
column, under ‘‘I. Introduction,’’ the
second sentence is corrected to read:
‘‘Since the publication of the notice,
IBA Guardion, a division of IBA
responsible for this petition, has been
sold to PPM Ventures, which
subsequently changed the name of this
division to Sterigenics International,
Inc., 2015 Spring Rd., suite 650, Oak
Brook, IL 60523.’’
2. On page 76846, in the third
column, under ‘‘VIII. References,’’ the
citation for reference 2 is corrected to
read ‘‘Gregoire, O., Cleland, M. R.,
Mittendorfer, J., et al., ‘‘Radiological
Safety of Food Irradiation With High
Energy X-Rays: Theoretical Expectations
and Experimental Evidence,’’ Radiation
Physics and Chemistry, vol. 67, pp. 169–
183, 2003.’’
Dated: March 18, 2005.
Leslye M. Fraser,
Director, Office of Regulations and Policy,
Center for Food Safety and Applied Nutrition.
[FR Doc. 05–6024 Filed 3–25–05; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
BILLING CODE 4160–01–S
21 CFR Part 179
[Docket No. 2003F–0088]
DEPARTMENT OF THE TREASURY
Irradiation in the Production,
Processing, and Handling of Food;
Correction
AGENCY:
Office of Foreign Assets Control
Food and Drug Administration,
HHS.
ACTION:
31 CFR Part 560
Iranian Transactions Regulations
Final rule; correction.
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Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Food and Drug
Administration (FDA) is correcting a
final rule that appeared in the Federal
Register of December 23, 2004 (69 FR
76844). The document amended the
food additive regulations by establishing
a new maximum permitted energy level
of x rays for treating food of 7.5 million
electron volts provided the x rays are
generated from machine sources that
use tantalum or gold as the target
material, with no change in the
maximum permitted dose levels or uses
currently permitted by FDA’s food
additive regulations. The document was
published with two errors in the
preamble section. This document
corrects those errors.
SUMMARY:
SUMMARY: The Office of Foreign Assets
Control (‘‘OFAC’’) of the U.S.
Department of the Treasury is revising
the Iranian Transactions Regulations to
clarify the applicability of certain
general licenses to brokers and dealers
in securities.
DATES: Effective Date: March 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Chief of Policy Planning and Program
Management, tel. 202/622–4855, Chief
of Licensing, tel.: 202/622–2480, Chief
of Compliance, tel. 202/622–2490, or
Chief Counsel, tel.: 202/622–2410,
Office of Foreign Assets Control,
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Department of the Treasury,
Washington, DC 20220 (not toll free
numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This file is available for download
without charge in ASCII and Adobe
Acrobat readable (*.PDF) formats at
GPO Access. GPO Access supports
HTTP, FTP, and Telnet at
fedbbs.access.gpo.gov. It may also be
accessed by modem dialup at 202/512–
1387 followed by typing ‘‘/GO/FAC.’’
Paper copies of this document can be
obtained by calling the Government
Printing Office at 202/512–1530. This
document and additional information
concerning the programs of the Office of
Foreign Assets Control are available for
downloading from the Office’s Internet
Home Page: https://www.treas.gov/ofac,
or via FTP at ofacftp.treas.gov.
Facsimiles of information are available
through the Office’s 24-hour fax-ondemand service: call 202/622–0077
using a fax machine, fax modem, or
(within the United States) a touch-tone
telephone.
Background
The Iranian Transactions Regulations,
31 CFR part 560 (the ‘‘ITR’’), implement
a series of Executive orders, beginning
with Executive Order 12957, issued on
March 15, 1995. In that order, the
President declared a national emergency
pursuant to IEEPA to deal with the
unusual and extraordinary threat to the
national security, foreign policy, and
economy of the United States
constituted by the actions and policies
of the Government of Iran, including its
support for international terrorism, its
efforts to undermine the Middle East
peace process and its efforts to acquire
weapons of mass destruction and the
means to deliver them. To deal with this
threat, Executive Order 12957 imposed
prohibitions on certain transactions
with respect to the development of
Iranian petroleum resources. On May 6,
1995, the President issued Executive
Order 12959 imposing comprehensive
trade sanctions to further respond to
this threat, and on August 19, 1997, the
President issued Executive Order 13059
consolidating and clarifying the
previous orders.
The Treasury Department’s Office of
Foreign Assets Control (‘‘OFAC’’) is
amending the ITR to include definitions
relating to registered brokers and dealers
in securities and to clarify the
application to such brokers and dealers
of general licenses relating to funds
transfers to and from Iran and to the
operation of Iranian accounts. To this
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]]>Agencies
[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15580-15583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5856]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 145
[Docket No. FAA-1999-5836]
RIN 2120-AI60
Repair Stations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; delay of effective date.
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SUMMARY: The FAA is delaying the effective date of the final rule
requiring each repair station to have an approved training program.
This action is necessary because applicable guidance material is not
yet available to assist repair stations in developing their programs.
The delayed date will give repair stations sufficient time to develop
their programs and will give the FAA time to evaluate and approve them.
DATES: The effective date of Sec. 145.163 published at 66 FR 41117
(August 6, 2001) is delayed until April 6, 2006. The amendments in this
final rule become effective April 6, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Herbert E. Daniel, Aircraft
Maintenance Division, General Aviation and Repair Station Branch (AFS-
340), Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591; facsimile (202) 267-5115; e-mail
Herbert.E.Daniel@faa.gov or by telephone at (202) 267-3109; or Mr. Dan
Bachelder, AFS-340, at the address or facsimile listed above or e-mail
Dan.Bachelder@faa.gov or by telephone at (202) 267-7027.
SUPPLEMENTARY INFORMATION:
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
title 49, 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 regulations and standards in
the interest of safety for inspecting, servicing, and overhauling
aircraft, aircraft engines, propellers, and appliances. It may also
prescribe equipment and facilities for, and the timing and manner of,
inspecting,
[[Page 15581]]
servicing, and overhauling. Under section 44707, the FAA may examine
and rate repair stations.
This regulation is within the scope of section 44701 since it
pertains to the new requirement for repair stations to have FAA-
approved training programs in the interest of enhancing safety. The
regulation is within the scope of section 47707 since it will assist
repair stations in developing better training programs by allowing them
to develop those programs based on FAA-issued guidance materials.
The Final Rule
On July 30, 2001, the FAA issued a final rule to update and revise
repair station regulations (66 FR 41088, August 6, 2001). In that
rulemaking action, the FAA established a new requirement that each
repair station have an employee training program approved by the FAA
that consists of initial and recurrent training. In the preamble to the
final rule, the FAA stated, ``Before the effective date of the final
rule, the FAA will issue advisory material regarding the required
training program.'' The effective date for the new training
requirements was set two years after the effective date of the revised
rule for repair stations to provide repair stations time to develop
their programs. The new training requirements are scheduled to become
effective on April 6, 2005.
On December 22, 2004, the FAA published a Notice of Availability of
draft Advisory Circular AC 145-RSTP. This document would provide
guidance to repair stations for their training programs. In response to
multiple comments from industry associations, the FAA has extended the
comment period to March 22, 2005 (70 FR 3243; January 21, 2005). The
extended comment period will enable repair station operators to submit
meaningful comments on whether the guidance material is useful in
developing training programs that comply with Sec. 145.163.
When the comment period closes, the FAA will review the comments.
We expect commenters will have meaningful suggestions for improving the
guidance. We also expect that some commenters will call attention to
new training technologies that would benefit a training program. The
FAA will need time to consider the comments and to incorporate
meaningful changes into AC 145-RSTP that will benefit these smaller
entities in the development of their training programs.
Further, due to recent events in the European Union, the European
Commission (EC) has passed and implemented commission regulation 2042/
2003. This regulation also impacts the domestic United States by
requiring all European-registered aircraft to be maintained in
accordance with annex 2, part 145. The FAA recognizes that 1,275 US-
based 14 CFR part 145 repair stations are also approved under EC
regulation 2042 and are now required to meet the repair station manual
supplement requirements of EC 2042, hereinafter referred to as European
Aviation Safety Agency (EASA) part 145. This new requirement to
transition from the former Joint Aviation Authority (JAA) to EASA part
145 will require many US-based repair stations to revise their current
JAA supplements to the EASA part 145 supplement requirements.
Concurrently with its review and evaluation of the U.S.-certificated
repair stations' training programs, the FAA also must allot resources
to review and accept these EASA part 145 manual supplement revisions.
In light of these developments and the United States' international
agreements, as well as FAA international obligations, the FAA finds
that implementing the Sec. 145.163 training program and EASA
supplement to repair station manuals by April 6, 2005 would impose a
significant burden on the repair station industry as well as the FAA.
Delaying the effective date of 14 CFR 145.163 for 12 months will
have the ancillary benefit of reducing the burden on the 1,275 U.S.-
based repair stations that must meet the EASA part 145 manual
supplement requirements. They will have additional time in which to
develop both those revisions and the training programs required by
Sec. 145.163. Similarly, the extension will provide additional time
for the FAA to review them.
In summary, the FAA is delaying the effective date of 14 CFR
145.163 for 12 months because:
1. We have extended the comment period on the proposed guidance
material and, therefore, have not yet issued the final guidance, and
2. We want to adhere as closely as possible to a transition period
between the time the guidance is issued and the effective date of the
rule. The additional time will enable repair stations to use that
guidance material when it becomes available in developing their
programs.
Paperwork Reduction Act
There are no new requirements for information collection associated
with this amendment.
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 ``No Notice''
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize
agencies to dispense with certain notice procedures for rules when they
find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
FAA finds that notice and public comment on this final rule are
impracticable. For the APA, ``impracticable'' means that, if notice and
comment procedures were followed, they would defeat the purpose of the
rule. As explained previously, the purpose of this final rule is to
extend the effective date for the repair station training requirements
from April 6, 2005, to April 6, 2006. Coordinating and issuing
rulemaking documents will take time under current procedures. We cannot
issue a notice, receive comments, and issue a final rule before the
current effective date. Repair stations will also need adequate time
before the effective date to develop their training programs following
guidance to be provided by the FAA. Therefore, any delay in issuing
this final rule would subject repair stations to confusion and the
expense of trying to establish training programs hurriedly without
final guidance from the FAA. Therefore, it is ``impracticable'' to
provide notice and opportunity to comment.
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 is impracticable, unnecessary, and contrary to the public
interest. This delay of effective date will give repair stations
sufficient time to use FAA guidance material in preparing to operate
under the amended regulations for repair stations. Given the imminence
of the effective date, seeking prior public comments on this temporary
delay would have been impracticable, as well as contrary to the public
interest in the orderly promulgation and implementation of this rule.
[[Page 15582]]
Economic Evaluation, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only if the agency makes 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) bans 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. Where
suitable, the Trade Act directs agencies to use those international
standards as the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules. This
requirement applies only to rules that include a Federal mandate on
State, local, or tribal governments, likely to result in a total
expenditure of $100 million or more in any one year (adjusted for
inflation). In conducting these analyses, the FAA determines that this
rule:
(1) Has benefits which justify its costs and is not a ``significant
regulatory action'' as defined in the Executive Order and as defined in
DOT's Regulatory Policies and Procedures;
(2) Will not have a significant impact on a substantial number of
small entities;
(3) Has minimal effects on international trade; and
(4) Does not impose an unfunded mandate on State, local, or tribal
governments or on the private sector.
Economic Summary
This rule delays the effective date for repair stations to
establish their training programs in accordance with Sec. 145.163.
This action is necessary because applicable guidance material is not
yet available to assist repair stations in developing their programs.
The extended date will give repair stations sufficient time to develop
their programs and will give the FAA time to evaluate and approve
them.There will also be a decrease in overall paperwork and costs if
this rule has the extended effective date.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
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 informational requirements to the scale
of the business, organizations, and governmental jurisdictions subject
to the regulation.'' To achieve that principle, the RFA requires
agencies to solicit and consider flexible regulatory proposals to
explain the rationale for their actions. 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 final rule merely delays the effective date for Sec. 145.163.
Its economic impact is minimal. Therefore, we certify that this 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 final rule and determined that it has only a
domestic impact.
Unfunded Mandates Reform Act
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 a $100 million or more expenditure (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. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 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. Therefore, we have determined that this final rule does not
have federalism implications.
Environmental Analysis
FAA Order 1050.1E 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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312(d) and involves no
extraordinary circumstances.
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 (66 FR 28355, 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 in 14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Recordkeeping and reporting requirements, Safety.
[[Page 15583]]
The Amendment
0
For the reasons set forth above, the Federal Aviation Administration is
delaying the effective date of 14 CFR 145.163 and amending part 145 as
follows:
PART 145--REPAIR STATIONS
0
1. The authority citation for part 145 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717.
0
2. Revise Sec. 145.163(a) introductory text to read as follows:
Sec. 145.163 Training requirements.
(a) A certificated repair station must have an employee training
program approved by the FAA that consists of initial and recurrent
training. For purposes of meeting the requirements of this paragraph,
beginning April 6, 2006--
* * * * *
Issued in Washington, DC, on March 17, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-5856 Filed 3-22-05; 3:29 pm]
BILLING CODE 4910-13-P
