Implementing the Maintenance Provisions of Bilateral Agreements, 69190-69191 [E6-20254]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Rules and Regulations]
[Pages 69190-69191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20254]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 43

[Docket No.: FAA-2004-17683]
RIN 2120-AI19


Implementing the Maintenance Provisions of Bilateral Agreements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; notice of effective date.

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SUMMARY: The FAA is announcing the effective date of the final rule, 
publishedJuly 14, 2005, that amended the regulations governing 
maintenance, preventive maintenance, and alterations performed on U.S. 
aeronautical products by certain Canadian persons. That revision 
removes specific regulatory references and other requirements and 
requires that the maintenance, preventive maintenance, and alterations 
be performed in accordance with a Bilateral Aviation Safety Agreement 
(BASA) between the United States and Canada and associated Maintenance 
Implementation Procedures (MIP). When the rule was published, the FAA 
announced the amendments would become effective concurrent with the 
date the MIP entered into force. The MIP was signed and entered into 
force on August 31, 2006; accordingly, the amendments became effective 
on that date.

DATES: The effective date of Sec.  43.17 is August 31, 2006.

FOR FURTHER INFORMATION CONTACT: William D. Scott, Flight Standards, 
Aircraft Maintenance Division, AFS-300, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (502) 753-4202; facsimile (502) 753-4232, e-mail: 
william.d.scott@faa.gov.

SUPPLEMENTARY INFORMATION: 

The Final Rule

    On July 14, 2005, the FAA issued a final rule amending Sec.  43.17 
of Title 14 of the Code of Federal Regulations (CFR), Maintenance, 
preventive maintenance, and alterations performed on U.S. aeronautical 
products by certain Canadian persons. (70 FR 40872). The United States 
and Canada had entered into an international agreement called a 
Bilateral Aviation Safety Agreement (BASA) that was in line with BASAs 
negotiated with other countries. The FAA and its Canadian counterpart, 
Transport Canada Civil Aviation (TCCA) of the Department of Transport, 
were negotiating Maintenance Implementation Procedures (MIP) to 
accompany the BASA. The amendment to Sec.  43.17 removes specific 
regulatory references that if not removed would have constrained 
development of a standardized MIP.
    The amendment also makes other minor changes and requires that all 
maintenance, preventive maintenance, and alterations performed by 
Canadian Approved Maintenance Organizations (AMOs) and Aviation 
Maintenance Engineers (AMEs) on U.S. aeronautical products be done in 
accordance with a BASA between the United States and Canada and the 
associated MIP.
    The MIP has been finalized. It was signed on August 31, 2006, and 
became effective immediately upon signing. In the preamble to the final 
rule the FAA stated, ``These amendments become effective concurrent 
with the date the MIP accompanying the BASA between the United States 
and Canada enters into force.'' Since the MIP is now final and entered 
into force on August 31, 2006, the FAA now sets the effective date for 
the above-referenced amendment to Sec.  43.17 to be August 31, 2006.
    The FAA has also prepared guidance material to assist maintenance 
providers in complying with the MIP. This guidance is contained in 
Advisory Circular (AC) AC 43-10B. A copy of the AC may be obtained by 
accessing the FAA's Regulatory and Guidance Library Web page at https://
www.airweb.faa.gov/Regulatory_and_Guidance_Library/
rgWebcomponents.nsf/HomeFrame?OpenFrameSet.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

Good Cause for Immediate Adoption

    In accordance with 5 U.S.C. 553(b)(3)(B), FAA finds good cause for 
issuing this rule without prior notice and comment. Seeking public 
comment

[[Page 69191]]

is impracticable, unnecessary, and contrary to the public interest. 
This rule sets the effective date for a rulemaking that has already 
been through the public comment process. Seeking prior public comments 
on the effective date is impracticable, as well as contrary to the 
public interest in the orderly promulgation and implementation of this 
rule.
    In consideration of the foregoing, the FAA announces the effective 
date of 14 CFR part 43, Amendment 43-40, published July 14, 2005. The 
amendments require that the maintenance, preventive maintenance, and 
alterations be performed in accordance with a Bilateral Aviation Safety 
Agreement (BASA) between the United States and Canada and associated 
Maintenance Implementation Procedures (MIP). The MIP was signed and 
entered into force on August 31, 2006; accordingly, the amendments 
became effective on that date.

    Issued in Washington, DC, on November 22, 2006.
John M. Allen,
Acting Director, Flight Standards Service.
 [FR Doc. E6-20254 Filed 11-29-06; 8:45 am]
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