Recording of Major Repairs and Major Alterations, 53678-53680 [E7-18584]
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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations
Attorney General may assign to them,
immigration judges shall exercise the
powers and duties delegated to them by
the Act and by the Attorney General
through regulation. In deciding the
individual cases before them, and
subject to the applicable governing
standards, immigration judges shall
exercise their independent judgment
and discretion and may take any action
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the Act and regulations that is
appropriate and necessary for the
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judges shall administer oaths, receive
evidence, and interrogate, examine, and
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Subject to §§ 1003.35 and 1287.4 of this
chapter, they may issue administrative
subpoenas for the attendance of
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judges shall seek to resolve the
questions before them in a timely and
impartial manner consistent with the
Act and regulations.
(c) Review. Decisions of immigration
judges are subject to review by the
Board of Immigration Appeals in any
case in which the Board has jurisdiction
as provided in 8 CFR 1003.1.
(d) Governing standards. Immigration
judges shall be governed by the
provisions and limitations prescribed by
the Act and this chapter, by the
decisions of the Board, and by the
Attorney General (through review of a
decision of the Board, by written order,
or by determination and ruling pursuant
to section 103 of the Act).
6. The authority citation for 8 CFR
part 1240 continues to read as follows:
I
Authority: 8 U.S.C. 1103, 1182, 1186a,
1224, 1225, 1226, 1227, 1251, 1252 note,
1252a, 1252b, 1362; secs. 202 and 203, Pub.
L. 105–100 (111 Stat. 2160, 2193); sec. 902,
Pub. L. 105–277 (112 Stat. 2681); 8 CFR part
2.
Subpart A—Removal Proceedings
[Amended]
7. Amend § 1240.1 by removing the
first and second sentences of paragraph
(a)(2).
rwilkins on PROD1PC63 with RULES
I
Dated: September 12, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–18526 Filed 9–19–07; 8:45 am]
BILLING CODE 4410–30–P
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Jkt 211001
Federal Aviation Administration
14 CFR Part 43
[Docket No. FAA–2007–28631; Amendment
No. 43–41]
RIN 2120–AJ11
Recording of Major Repairs and Major
Alterations
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action amends
instructions to aviation maintenance
providers regarding submittal of FAA
Form 337, Major Repair and Alteration,
for either major repair or major
alteration; or for extended-range fuel
tanks installed within the passenger
compartment or a baggage compartment.
This change clarifies the mailing
instructions when submitting Form 337
to the FAA. The intent of this action is
to amend the regulation to ensure
mailing requirements are clear and
accurate.
This amendment becomes
effective September 20, 2007.
DATES:
Kim
Barnette, Aircraft Maintenance Division,
Flight Standards Service, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone:
(202–493–4922); facsimile: (202–267–
5115); e-mail: kim.a.barnette@faa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Authority for This Rulemaking
PART 1240—PROCEEDINGS TO
DETERMINE REMOVABILITY OF
ALIENS IN THE UNITED STATES
§ 1240.1
DEPARTMENT OF TRANSPORTATION
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section
106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
The FAA is issuing this rulemaking
under the authority set forth in 49
U.S.C. 44701(a)(5). This regulation is
within the scope of that authority
because the Administrator is charged
with promoting safe flight of civil
aircraft by, among other things,
prescribing regulations and minimum
standards for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce and
national security.
Background
On September 9, 1987, the FAA
published a final rule entitled ‘‘Aircraft
Identification and Retention of Fuel
System Modification Records,’’ (52 FR
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
34096). Among other changes, this rule
amended part 43, Appendix B, by
revising the introductory text of
paragraph (a) and adding a new
paragraph (d). This rule provided
instructions so major alterations for fuel
tanks and system modifications would
be segregated from other major repairs
and alterations.
The new paragraph (d) provided
instructions for disposition of the Form
337, Major Repair and Alteration,
whenever extended-range fuel tanks are
installed within the passenger
compartment or a baggage compartment.
As part of those instructions, paragraph
(c)(2) of Appendix B is referenced for
distribution of Form 337.
The FAA has found that since adding
paragraph (d), there has been a decline
in Form 337s received for extendedrange fuel tanks. Review of part 43,
Appendix B revealed a wrong address.
As currently written, paragraph (c)(2)
directs individuals to send a copy of
Form 337 to an incorrect address. Any
FAA Form 337 that describes a
modification to an aircraft fuel system
or that shows additional tanks installed,
should be mailed to the FAA, Aircraft
Registration Branch, AFS–751, P.O. Box
25724, Oklahoma City, OK. All other
FAA Form 337s should be mailed to the
FAA, Aircraft Registration Branch,
AFS–750, P.O. Box 25504, Oklahoma
City, OK.
The change in this final rule will
clarify and correct the mailing
instructions and does not affect any
other requirements in part 43.
Reason for Final Rule
This final rule amends the mailing
instructions for FAA Form 337 in part
43, Appendix B, paragraphs (c) and (d).
The change will allow submission of
FAA Form 337 to the correct address.
The intent of this action is to amend the
regulation to ensure that instructions for
submitting this form are clear and
accurate.
Justification for Immediate Adoption
Because the circumstances described
herein warrant immediate action, the
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
is impracticable and contrary to the
public interest. Further, the
Administrator finds that good cause
exists under 5 U.S.C. 553(d) for making
this rule effective in less than 30 days
after publication in the Federal
Register. The amendment ensures
FAA’s commitment to the Anti Drug
Abuse Act of 1988, Subtitle E, FAA
Drug Enforcement Assistance Act of
1988.
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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations
Paperwork Reduction Act
Information collection requirements
associated with this final rule have been
previously approved by the Office of
Management and Budget (OMB) under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C.
section 3507(d)), and have been
assigned OMB Control Number 2120–
0020.
An agency may not collect or sponsor
the collection of information, nor may it
impose an information collection
requirement unless it displays a
currently valid OMB control number.
International Compatibility
The FAA has determined that a
review of the Convention on
International Civil Aviation Standards
and Recommended Practices is not
warranted because there is not a
comparable rule under ICAO standards.
rwilkins on PROD1PC63 with RULES
Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs that
each Federal agency shall propose or
adopt a regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Public
Law 104–4) requires agencies to prepare
a written assessment of the costs,
benefits, and other effects of proposed
or final rules that include a Federal
mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
annually (adjusted for inflation with
base year of 1995). This portion of the
preamble summarizes the FAA’s
analysis of the economic impacts of this
final rule.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
VerDate Aug<31>2005
16:42 Sep 19, 2007
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53679
a proposed or final rule does not
warrant a full evaluation, this order
permits that a statement to that effect
and the basis for it be included in the
preamble if a full regulatory evaluation
of the cost and benefits is not prepared.
Such a determination has been made for
this final rule. The reasoning for this
determination follows:
Since this final rule merely clarifies
FAA procedures, the expected outcome
will be a minimal impact with positive
net benefits, and a regulatory evaluation
was not prepared. FAA has, therefore,
determined that this final rule is not a
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866, and is not ‘‘significant’’ as
defined in DOT’s Regulatory Policies
and Procedures.
International Trade Impact Assessment
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-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
This final rule merely revises an
incorrect mailing address; the expected
outcome will have only a minimal
impact on any small entity affected by
this rulemaking action. Therefore, as the
FAA Administrator, I certify that this
rule will not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Assessment
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
The Trade Agreements Act of 1979
(Pub. L. 96–39) prohibits Federal
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this final rule and
has determined that it will respond to
a domestic safety objective and not
considered an unnecessary obstacle to
trade.
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more
(adjusted annually for inflation with the
base year 1995) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$128.1 million in lieu of $100 million.
This final rule does not contain such
a mandate.
Availability of Rulemaking Documents
You can get an electronic copy of
rulemaking documents using the
Internet by—
1. Searching the Department of
Transportation’s electronic Docket
Management System (DMS) Web page
(https://dms.dot.gov/search);
2. Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing
Office’s Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a
request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the amendment number or
docket number of this rulemaking.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
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53680
Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations
review DOT’s complete Privacy Act
statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction. If
you are a small entity and you have a
question regarding this document, you
may contact your local FAA official, or
the person listed under the FOR FURTHER
INFORMATION CONTACT heading at the
beginning of the preamble. You can find
out more about SBREFA on the Internet
at https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
In consideration of the foregoing, the
Federal Aviation Administration
amends part 43 of Title 14, Code of
Federal Regulations as follows:
I
PART 43—MAINTENANCE,
PREVENTIVE MAINTENANCE,
REBUILDING, AND ALTERATIONS
1. The authority citation for part 43
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701,
44703, 44705, 44707, 44711, 44713, 44717,
44725.
2. Appendix B is amended by revising
paragraphs (c) and (d) to read as follows:
I
Appendix B to Part 43—Recording of
Major Repairs and Major Alterations
rwilkins on PROD1PC63 with RULES
*
*
*
(c) Except as provided in paragraph (d) of
this appendix, for a major repair or major
alteration made by a person authorized in
§ 43.17, the person who performs the major
repair or major alteration and the person
authorized by § 43.17 to approve that work
shall execute an FAA Form 337 at least in
duplicate. A completed copy of that form
shall be—
(1) Given to the aircraft owner; and
(2) Forwarded to the Federal Aviation
Administration, Aircraft Registration Branch,
AFS–750, Post Office Box 25504, Oklahoma
City, OK 73125, within 48 hours after the
work is inspected.
(d) For extended-range fuel tanks installed
within the passenger compartment or a
baggage compartment, the person who
performs the work and the person authorized
to approve the work by § 43.7 shall execute
an FAA Form 337 in at least triplicate. A
completed copy of that form shall be—
VerDate Aug<31>2005
*
*
*
*
Issued in Washington, DC on August 27,
2007.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. E7–18584 Filed 9–19–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 30570; Amdt. No. 3236]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The Amendment
*
*
Standard Instrument Approach
Procedures; Miscellaneous
Amendments
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
*
(1) Placed on board the aircraft as specified
in § 91.417 of this chapter;
(2) Given to the aircraft owner; and
(3) Forwarded to the Federal Aviation
Administration, Aircraft Registration Branch,
AFS–751, Post Office Box 25724, Oklahoma
City, OK 73125, within 48 hours after the
work is inspected.
16:42 Sep 19, 2007
Jkt 211001
SUMMARY: This rule amends Standard
Instrument Approach Procedures
(SIAPs) for operations at certain
airports. These regulatory actions are
needed because of changes in the
National Airspace System, such as the
commissioning of new navigational
facilities, adding of new obstacles, or
changing air traffic requirements. These
changes are designed to provide safe
and efficient use of the navigable
airspace and to promote safe flight
operations under instrument flight rules
at the affected airports.
DATES: This rule is effective September
20, 2007. The compliance date for each
SIAP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of September
20, 2007.
ADDRESSES: Availability of matter
incorporated by reference in the
amendment is as follows:
For Examination—
1. FAA Rules Docket, FAA
Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591;
2. The FAA Regional Office of the
region in which the affected airport is
located;
3. The National Flight Procedures
Office, 6500 South MacArthur Blvd.,
Oklahoma City, OK 73169 or,
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
4. The National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
Availability—All SIAPs are available
online free of charge. Visit nfdc.faa.gov
to register. Additionally, individual
SIAP and Takeoff Minimums and ODP
copies may be obtained from:
1. FAA Public Inquiry Center (APA–
200), FAA Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591; or
2. The FAA Regional Office of the
region in which the affected airport is
located.
FOR FURTHER INFORMATION CONTACT:
Harry J. Hodges, Flight Procedure
Standards Branch (AFS–420), Flight
Technologies and Programs Division,
Flight Standards Service, Federal
Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd., Oklahoma City,
OK 73169 (Mail Address: P.O. Box
25082, Oklahoma City, OK 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This rule
amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by
amending the referenced SIAPs. The
complete regulatory description of each
SIAP is listed on the appropriate FAA
Form 8260, as modified by the National
Flight Data Center (FDC)/Permanent
Notice to Airmen (P–NOTAM), and is
incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1
CFR part 51, and § 97.20 of Title 14 of
the Code of Federal Regulations.
The large number of SIAPs, their
complex nature, and the need for a
special format make their verbatim
publication in the Federal Register
expensive and impractical. Further,
airmen do not use the regulatory text of
the SIAPs, but refer to their graphic
depiction on charts printed by
publishers of aeronautical materials.
Thus, the advantages of incorporation
by reference are realized and
publication of the complete description
of each SIAP contained in FAA form
documents is unnecessary. This
amendment provides the affected CFR
sections and specifies the types of SIAP
and the corresponding effective dates.
This amendment also identifies the
airport and its location, the procedure
and the amendment number.
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
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Agencies
[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Rules and Regulations]
[Pages 53678-53680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18584]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 43
[Docket No. FAA-2007-28631; Amendment No. 43-41]
RIN 2120-AJ11
Recording of Major Repairs and Major Alterations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends instructions to aviation maintenance
providers regarding submittal of FAA Form 337, Major Repair and
Alteration, for either major repair or major alteration; or for
extended-range fuel tanks installed within the passenger compartment or
a baggage compartment. This change clarifies the mailing instructions
when submitting Form 337 to the FAA. The intent of this action is to
amend the regulation to ensure mailing requirements are clear and
accurate.
DATES: This amendment becomes effective September 20, 2007.
FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance
Division, Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone: (202-
493-4922); facsimile: (202-267-5115); e-mail: kim.a.barnette@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
The FAA is issuing this rulemaking under the authority set forth in
49 U.S.C. 44701(a)(5). This regulation is within the scope of that
authority because the Administrator is charged with promoting safe
flight of civil aircraft by, among other things, prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary for safety in air commerce
and national security.
Background
On September 9, 1987, the FAA published a final rule entitled
``Aircraft Identification and Retention of Fuel System Modification
Records,'' (52 FR 34096). Among other changes, this rule amended part
43, Appendix B, by revising the introductory text of paragraph (a) and
adding a new paragraph (d). This rule provided instructions so major
alterations for fuel tanks and system modifications would be segregated
from other major repairs and alterations.
The new paragraph (d) provided instructions for disposition of the
Form 337, Major Repair and Alteration, whenever extended-range fuel
tanks are installed within the passenger compartment or a baggage
compartment. As part of those instructions, paragraph (c)(2) of
Appendix B is referenced for distribution of Form 337.
The FAA has found that since adding paragraph (d), there has been a
decline in Form 337s received for extended-range fuel tanks. Review of
part 43, Appendix B revealed a wrong address. As currently written,
paragraph (c)(2) directs individuals to send a copy of Form 337 to an
incorrect address. Any FAA Form 337 that describes a modification to an
aircraft fuel system or that shows additional tanks installed, should
be mailed to the FAA, Aircraft Registration Branch, AFS-751, P.O. Box
25724, Oklahoma City, OK. All other FAA Form 337s should be mailed to
the FAA, Aircraft Registration Branch, AFS-750, P.O. Box 25504,
Oklahoma City, OK.
The change in this final rule will clarify and correct the mailing
instructions and does not affect any other requirements in part 43.
Reason for Final Rule
This final rule amends the mailing instructions for FAA Form 337 in
part 43, Appendix B, paragraphs (c) and (d). The change will allow
submission of FAA Form 337 to the correct address. The intent of this
action is to amend the regulation to ensure that instructions for
submitting this form are clear and accurate.
Justification for Immediate Adoption
Because the circumstances described herein warrant immediate
action, the Administrator finds that notice and public comment under 5
U.S.C. 553(b) is impracticable and contrary to the public interest.
Further, the Administrator finds that good cause exists under 5 U.S.C.
553(d) for making this rule effective in less than 30 days after
publication in the Federal Register. The amendment ensures FAA's
commitment to the Anti Drug Abuse Act of 1988, Subtitle E, FAA Drug
Enforcement Assistance Act of 1988.
[[Page 53679]]
Paperwork Reduction Act
Information collection requirements associated with this final rule
have been previously approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. section 3507(d)), and have been assigned OMB Control Number
2120-0020.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid OMB control number.
International Compatibility
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because there is not a comparable rule under ICAO standards.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Public Law
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows:
Since this final rule merely clarifies FAA procedures, the expected
outcome will be a minimal impact with positive net benefits, and a
regulatory evaluation was not prepared. FAA has, therefore, determined
that this final rule is not a ``significant regulatory action'' as
defined in section 3(f) of Executive Order 12866, and is not
``significant'' as defined in DOT's Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule merely revises an incorrect mailing address; the
expected outcome will have only a minimal impact on any small entity
affected by this rulemaking action. Therefore, as the FAA
Administrator, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and has determined that it will
respond to a domestic safety objective and not considered an
unnecessary obstacle to trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
This final rule does not contain such a mandate.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (https://dms.dot.gov/search);
2. Visiting the FAA's Regulations and Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may
[[Page 53680]]
review DOT's complete Privacy Act statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or
you may visit https://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at https://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends part 43 of Title 14, Code of Federal Regulations as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATIONS
0
1. The authority citation for part 43 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707,
44711, 44713, 44717, 44725.
0
2. Appendix B is amended by revising paragraphs (c) and (d) to read as
follows:
Appendix B to Part 43--Recording of Major Repairs and Major Alterations
* * * * *
(c) Except as provided in paragraph (d) of this appendix, for a
major repair or major alteration made by a person authorized in
Sec. 43.17, the person who performs the major repair or major
alteration and the person authorized by Sec. 43.17 to approve that
work shall execute an FAA Form 337 at least in duplicate. A
completed copy of that form shall be--
(1) Given to the aircraft owner; and
(2) Forwarded to the Federal Aviation Administration, Aircraft
Registration Branch, AFS-750, Post Office Box 25504, Oklahoma City,
OK 73125, within 48 hours after the work is inspected.
(d) For extended-range fuel tanks installed within the passenger
compartment or a baggage compartment, the person who performs the
work and the person authorized to approve the work by Sec. 43.7
shall execute an FAA Form 337 in at least triplicate. A completed
copy of that form shall be--
(1) Placed on board the aircraft as specified in Sec. 91.417 of
this chapter;
(2) Given to the aircraft owner; and
(3) Forwarded to the Federal Aviation Administration, Aircraft
Registration Branch, AFS-751, Post Office Box 25724, Oklahoma City,
OK 73125, within 48 hours after the work is inspected.
* * * * *
Issued in Washington, DC on August 27, 2007.
James J. Ballough,
Director, Flight Standards Service. 10
[FR Doc. E7-18584 Filed 9-19-07; 8:45 am]
BILLING CODE 4910-13-P