Repair Stations, 30054-30086 [2012-11984]
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 43, 91 and 145
[Docket No. FAA–2006–26408; Notice No.
12–03]
RIN 2120–AJ61
Repair Stations
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action would amend the
regulations for repair stations by
revising the system of ratings, the repair
station certification requirements, and
the regulations on repair stations
providing maintenance for air carriers.
This action is necessary because many
portions of the existing repair station
regulations do not reflect current repair
station aircraft maintenance and
business practices, or advances in
aircraft technology. These changes
would modernize the regulations to
keep pace with current industry
standards and practices.
DATES: Send your comments on or
before August 20, 2012.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2006–26408 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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, 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: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov, including
any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
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SUMMARY:
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complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the 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
proposed rule contact John Goodwin,
FAA, Repair Station Branch (AFS–340),
800 Independence Avenue SW.,
Washington, DC 20591; telephone (202)
385–6417; facsimile (202) 385–6474;
email John.J.Goodwin@faa.gov. For legal
questions concerning this proposed rule
contact Edmund Averman, FAA, Office
of the Chief Counsel (AGC–210), 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3147; facsimile (202) 267–5106;
email Ed.Averman@faa.gov.
SUPPLEMENTARY INFORMATION: Later in
this preamble under the Additional
Information section, we discuss how
you can comment on this proposal and
how we will handle your comments.
Included in this discussion is related
information about the docket, privacy,
and the handling of proprietary or
confidential business information. We
also discuss how you can get a copy of
related rulemaking documents.
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,
servicing, and overhauling these items.
Under section 44707, the FAA may
examine and rate repair stations.
This regulation is within the scope of
section 44701 since it establishes new
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regulations for a repair station to have
permanent housing for all its facilities,
equipment, materials, and personnel.
This regulation is within the scope of
section 44707 since it revises the system
of ratings for repair stations and
specifies those instances when the FAA
may deny the issuance of a repair
station certificate, especially when a
previously held certificate has been
revoked.
I. Background
In 1989, the FAA held four public
meetings to provide a forum for the
public to comment on possible revisions
to the rules governing repair stations.
After considering the comments and
data collected from these meetings, the
FAA published a notice of proposed
rulemaking in June 1999 (1999 NPRM).1
The 1999 NPRM proposed significant
changes to part 145 because the existing
language was no longer appropriate and
had become increasingly difficult to
administer.
In August 2001, the FAA published a
final rule with request for comments
and direct final rule with request for
comments; final rule.2 This final rule
revised most of part 145 as proposed in
the 1999 NPRM. However, it did not
adopt the proposed revised repair
station ratings and the quality assurance
system due to the volume of negative
comments received on the FAA’s
proposed changes to these areas.
On October 19, 2001, the FAA tasked
the Aviation Rulemaking Advisory
Committee (ARAC) to address ratings
and quality assurance for repair
stations.3 ARAC provided its
recommendations in May 2002.4
On December 1, 2006, the FAA
published the NPRM titled ‘‘Repair
Stations’’ (2006 NPRM) that addressed
ARAC’s recommendations.5 The
original comment period was scheduled
to close on March 1, 2007. However, the
FAA received a request from the
Aeronautical Repair Station Association
to extend the comment period. In a
notice published on February 27, 2007,
the FAA granted a 45-day comment
period extension to April 16, 2007.6 The
2006 NPRM proposed the following
changes to part 145:
• The system of ratings and classes
would be revised significantly,
including the creation of an avionics
rating and the end of the issuance of
1 64
FR 33142; June 21, 1999.
FR 41088; August 6, 2001.
3 66 FR 53281; October 19, 2001.
4 A copy of the ARAC’s recommendations can be
found at https://www.faa.gov/regulations_policies/
rulemaking/committees/arac/.
5 71 FR 70254; December 1, 2006.
6 72 FR 8641; February 27, 2007.
2 66
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limited ratings (to be replaced by the
issuance of limitations to the rating a
repair station holds).
• Each repair station would set up
and maintain a capability list of all
articles for which it is rated. The list
would identify each article by
manufacturer and the type, make,
model, category, or other nomenclature
designated by the article’s manufacturer.
A repair station with an avionics or a
component rating would also be
required to organize its lists by category
of the article.
• Each repair station would set up a
quality system that includes an internal
evaluation that reviews the complete
repair station yearly.
• Applicants for a repair station
certificate would include a letter of
compliance as part of their application.
• Each repair station would be
required to provide permanent housing
for its facilities, equipment, materials,
and personnel.
• Each repair station would be
required to designate a chief inspector.
• The FAA would use certification
from an authority ‘‘acceptable to the
FAA’’ as a basis for issuing a certificate
to a person located outside the United
States.
• The FAA would identify reasons it
could use to deny the issuance of a
repair station certificate.
The FAA received more than 150
public comment submissions to the
2006 NPRM. While there was general
support for revising the repair station
rules, several commenters asked the
FAA to withdraw the proposal. Many
other commenters expressed concerns
related to the proposed ratings system
(particularly the proposed avionics
rating), the capability list, quality
system, letter of compliance, chief
inspector, housing and facilities, and
the FAA’s denial of a repair station
certificate.
On May 7, 2009, the FAA withdrew
the 2006 NPRM because it did not
adequately address the current repair
station operating environment, which
had changed significantly since the
recommendations developed in 2001 by
ARAC.7 The FAA also noted that the
withdrawal would give the FAA time to
thoroughly review and properly address
these substantial operating environment
changes and the many issues raised by
the commenters.
The withdrawal notice stated that the
FAA had started rulemaking to update
and revise the regulations for repair
stations to more fully address the
significant changes in the repair station
7 74
FR 21287, May 7, 2009.
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business model. This NPRM is the result
of those efforts.
General Discussion of the Proposal
There are three major areas that this
proposal will address:
• The system of ratings.
• The certification requirements.
• Repair stations providing
maintenance for air carriers.
In addition, there are several other
areas in part 145 that this NPRM will
address. These are discussed in detail in
an ‘‘Other Changes’’ section in the
‘‘Discussion of the Proposed Regulatory
Requirements’’ portion of this preamble.
In the 2006 NPRM, the FAA proposed
to require a formal quality system for all
repair stations. While the FAA
continues to believe that all repair
stations should have a formal quality
system to improve safety, the agency did
not include such a requirement in this
proposal. The FAA is in the process of
introducing Safety Management
Systems (SMS) rules, and it is
anticipated that a future SMS rule will
cover those repair stations operating
under part 145. If the agency includes
a quality system requirement in the final
rule resulting from this proposal, a
possibility exists that such systems
would have to be modified once an SMS
rule is formalized. The FAA does not
believe this would be an efficient use of
repair station resources based on the
unknown differences that may arise.
Total Benefits and Costs of This Rule
The total costs of this proposal would
be relatively small ($14.493 million over
a 10-year period, spread amongst
approximately 5,000 repair stations), but
it is difficult to quantify the benefits. We
believe, however, that the potential
benefits, which derive in part from (1)
Giving the FAA authority to (a) deny a
repair station certificate to an applicant
whose past performance resulted in a
revocation, and (b) revoke all FAAissued certificates of any person who
makes fraudulent or intentionally false
entries or records; (2) defining what
operations specifications consist of and
providing a well-defined process for
both industry and the FAA to amend
them; and (3) updating the ratings
system, justify the costs of the proposed
rule.
The current rule provides that, with
certain unrelated restrictions, an
applicant who meets the requirements
of the rule is entitled to a repair station
certificate regardless of a past regulatory
non-compliance history. Because of at
least one incident where the FAA
revoked a repair station certificate for
serious maintenance-related safety
violations, and a key management
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official from that repair station shortly
thereafter obtained a new repair station
certificate under which improper
maintenance resulted in a fatal accident,
the National Transportation Safety
Board (NTSB) recommended that a
certificate applicant’s past performance
should be a consideration in
determining whether a new certificate
should be issued. That criteria currently
applies to air carrier certificate
applicants. The FAA agrees with the
NTSB, and is proposing rules similar to
those for air carriers in the hopes of
preventing accidents like the one just
described.
Although the current rule provides
that no person may operate without, or
in violation of, FAA-issued operations
specifications, it does not define the
term or explain what they consist of.
Much confusion prevails within the
repair station community and the FAA
whether any or all of a repair station’s
operations specifications are considered
part of its certificate and therefore
entitled to NTSB review of any FAAmandated changes to them. This
proposed rule would make clear what
operations specifications are and which
ones are part of a repair station’s
certificate. It would also provide
detailed processes for both FAAinitiated and repair station-initiated
amendments to them. This would
benefit both the repair station
community and the FAA by providing
a degree of certainty where currently
there is only confusion.
In addition, the current ratings system
dates to the 1930’s and 1940’s, and does
not adequately address the way current
aircraft are constructed. This hampers
the FAA’s ability to appropriately and
consistently issue ratings, and it
impedes repair stations’ ability to
accurately describe the work they
perform. The repair station community
and the FAA have struggled, and
continue to struggle, with the
application of current technology and
business practices to an antiquated rule.
The proposed rule would accommodate
current advanced technologies and
provide regulatory flexibility to
accommodate future technological
development.
1. System of Ratings
Part 145’s system of ratings does not
address current technology or industry
practices. It is not dynamic and cannot
adapt as new technologies are
introduced. It is also not defined clearly
and is open to inconsistent
interpretation and application. These
failings have resulted in repair stations
having a variety of ratings to perform
the same work. This system is confusing
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to repair station operators and their
customers, and presents increasingly
difficult certificate management
challenges to the FAA.
The rating changes proposed in the
2006 NPRM generated many comments.
Most of those commenters were
concerned that the proposed system of
ratings would require a repair station to
get FAA approval before changing or
adding to the proposed required
capability list. This proposal would not
require a capability list, but would
revise the capability list recording
requirements for those repair stations
who choose to use one. This is a
potentially marked change for repair
stations with class ratings that do not
currently have a capability list of the
items they maintain.
Under this proposal, the system of
ratings would be reduced from eight
ratings to five ratings. The ratings
definitions would be revised to clearly
indicate the type of work that a repair
station is authorized to perform. A
comparison of the proposed ratings with
the current ratings follows:
Current
Proposed
Airframe Category:
1. Aircraft certificated under part 23 or 27.
2. Aircraft certificated under part 25 or 29.
3. All other aircraft.
Powerplant Class:
1. Reciprocating Engines of 400 HP or less.
2. Reciprocating Engines of more than 400 HP.
3. Turbine Engines.
Powerplant Category:
1. Reciprocating engines.
2. Turbine engines.
3. Auxiliary Power Units.
4. All other powerplants.
Propeller Class:
1. All Fixed and Ground-Adjustable.
2. All other propellers.
Propeller Category:
1. Fixed-pitch and ground-adjustable propellers.
2. Variable-pitch propellers.
3. All other propellers.
Radio Class:
1. Communication.
2. Navigation.
3. Radar.
Component.
Instrument Class:
1. Mechanical.
2. Electrical.
3. Gyroscopic.
4. Electronic.
Component.
Accessory Class:
1. Mechanical.
2. Electrical.
3. Electronic.
Component.
Limited Rating Specialized Service.
Specialized Service.
Limited Ratings (§ 145.61(b) lists 12 possible limited ratings).
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Airframe Class:
1. Composite Small.
2. Composite Large.
3. All-Metal Small.
4. All-Metal Large.
Eliminated.
2. Certification Requirements
The 2006 NPRM proposed that the
FAA could deny an application for a
repair station certificate if the applicant
previously held a repair station
certificate that had been revoked or if
the applicant or certain key individuals
who would exercise control over the
new repair station had materially
contributed to the circumstances that
resulted in a prior repair station
certificate revocation action. This
proposal was similar to the authority
contained in part 119 authorizing the
FAA to deny applications for air carrier
and commercial operator certificates.
The commenters who opposed this
proposal stated it was too open-ended
and that it would be impossible to
maintain a tracking list of disqualifying
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While the FAA understands the
commenters’ concerns, the agency
believes this requirement should be
implemented. The FAA will add a
question to the repair station
application asking whether the
applicant has a repair station certificate
currently being revoked, or previously
held a repair station certificate that was
revoked as described in § 145.1051(e).
The FAA notes that denial is not
automatic. If the agency were to deny a
certificate to an applicant under the
proposed rule, the affected person could
appeal that denial under the procedures
provided in 14 CFR part 13.
The FAA is also proposing to clarify
the certification requirements in
§ 145.51(b) on the equipment,
personnel, technical data, and housing
and facilities that must be in place for
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inspection at the time of certification or
rating approval by the FAA. There has
been much confusion about how a
repair station can meet these
requirements by contract. The FAA is
proposing language to clarify that the
contract applies only to ownership, and
not to the demonstration phase of
certification. If a repair station does not
permanently possess these items, it
must be able to demonstrate to the FAA
that it has made arrangements with
another person to provide such items
whenever they are needed to perform
work, and it must display these items
and all associated lease agreements
during certification.
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3. Repair Stations Providing
Maintenance for Air Carriers
In response to the 2006 NPRM,
several repair stations that provide
maintenance for air carriers raised
concerns on the information that air
carriers must provide. Currently,
§ 145.205 states a repair station working
for an air carrier must follow the
carrier’s ‘‘program and applicable
sections of its maintenance manual.’’
Repair stations that provide such work
stated that the term ‘‘applicable
sections’’ causes confusion because it is
subjective and vague. They point out
that air carriers, air operators, and even
the FAA’s own inspectors interpret this
term differently.
In this NPRM, the FAA proposes
language to clarify that when a repair
station performs work as a maintenance
provider to an air carrier, the repair
station must perform that work in
accordance with the maintenance
instructions provided by the air carrier
or air operator.
Line maintenance will be authorized
as a limitation to an airframe rating. The
regulations regarding line maintenance
authorization will be deleted.
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II. Discussion of the Proposed
Regulatory Requirements
1. Transition
The FAA recognizes that the
proposals in this NPRM represent a
major revision to part 145. There would
be many new and enhanced
requirements as well as an in-depth
change to the ratings system. These
changes would require the revision of
several existing repair station
documents. These document changes
would have to be reviewed and
accepted by the FAA. This could then
lead to delays in granting repair stations
the approvals they need to operate.
To provide for the transition of
current repair stations and at the same
time accommodate the continued
receipt of new applications, the FAA is
proposing to retain the current
regulations appended with the proposed
regulations for 24 months. The current
language would be retained with its
current subpart lettering, A through E,
and be revised only where necessary to
accommodate the transition. The new
rule would be located in new subparts,
lettered F through J. Thus, the current
Subpart B Certification § 145.51,
Application for Certificate, would coexist with a Subpart G Certification
§ 145.1051, Application for Certificate,
during the 24-month transition period.
The FAA anticipates that the final rule,
if adopted, would become effective 60
days after publication.
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Repair stations certificated before the
effective date of the final rule would be
able to continue to operate under the
current regulations. They would have 24
months after the effective date of the
final rule to show compliance with the
proposed regulations by developing
associated documents and submitting an
FAA Form 8310–3, Application for
Repair Station Certificate and/or Rating.
New applicants would be required to
comply with subparts F through J upon
the effective date of the final rule. Any
repair station applying for a change to
its repair station certificate requiring a
new application, as provided for in the
current rule, would be required to
comply with subparts F through J as a
condition of approval of the certificate
change.
All repair stations certificated before
the effective date of the final rule would
have to timely apply for certification
under the proposed rules if they intend
to continue to operate without
interruption. Repair stations are
cautioned that waiting until later in the
24-month transition period may
increase the risk that unforeseen
circumstances might result in the repair
station not having an active certificate
until such time as the FAA can review
the submitted documents and provide
the repair station with a new repair
station certificate.
All certificated repair stations would
have to be in compliance with the
provisions of subparts F through J no
later than 24 months after the effective
date of the rule. At that time, current
subparts A through E would be removed
and reserved. The rules would continue
to carry the 1xxx (one thousand series)
numbers to be consistent with any
guidance or other documentation that is
issued during the 24-month transition
period.
To address the transition in the
current regulations, the FAA proposes
to revise subparts A through C as
follows:
• Section 145.1(a) would state that
subparts A through E will expire and be
reserved 24 months after the effective
date of the final rule.
• Section 145.1(b) would be changed
to direct that subparts A through E
apply to repair stations certificated
before the effective date of the final rule
until they are certificated under new
subparts F through J or 24 months from
the effective date of the rule.
• Section 145.1(c) would be revised
to direct that a repair station certificated
before the effective date of the rule
would have to follow subparts A
through E until it complies with
subparts F through J.
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• Section 145.51(a) would be changed
to direct applications to be made in
accordance with new § 145.1051.
• Section 145.53(a) would be revised
to reflect that a certificate issued under
subparts A through E would be valid for
no longer than 24 months after the
effective date of the final rule.
• Section 145.55(a) would be revised
to state that a certificate issued to a
repair station located outside the United
States would not be valid 24 months
after the effective date of the final rule.
• Section 145.55(b) would be revised
to state that a certificate issued to a
repair station located outside the United
States may be renewed but not beyond
24 months from the effective date of the
final rule.
• In § 145.55(c)(1), the reference to
§ 145.51 for the application procedures
would be changed to § 145.1051.
• In § 145.57, the reference to
§ 145.51 for the procedures to be
followed by a new owner would be
changed to § 145.1051.
• In § 145.105(b), the reference to
§ 145.103 for change in housing would
be changed to § 145.1103.
2. System of Ratings
The FAA proposes to revise the
ratings and classes that may be issued
to certificated repair stations. Under this
proposal, the system of ratings would be
reduced from eight ratings to five
ratings. The ratings definitions would be
revised to clearly indicate the type of
work that a repair station is authorized
to perform under each rating.
a. Airframe Rating (Current § 145.59(a)/
Proposed § 145.1059(a))
Currently, the FAA may issue a repair
station an Airframe rating with any of
four class ratings: Classes 1, 2, 3, and 4.
These classes are based on aircraft
weight (large or small (as defined in 14
CFR 1.1)) and construction (composite
or all-metal).
The use of construction as a basis for
determining the class rating system no
longer reflects the technology used in
building today’s aircraft. For example, at
the time the Airframe rating was
created, the aviation industry commonly
referred to aircraft made from a
combination of wood, fabric, and metal
materials as aircraft with a ‘‘composite’’
construction. Today, the term
‘‘composite’’ construction refers to the
use of carbon-carbon compounds and
advanced polymers (which is fast
becoming the standard in the industry).
These types of materials were not even
envisioned when the Airframe rating
was created.
In addition, airframe manufacturers
often use a mix of materials in current
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aircraft construction. An all-composite
or all-metal construction of an airframe
is no longer the standard design. For
example, an airframe could be metal
while certain portions, such as control
surfaces and fairings, are composite
materials.
The continued use of weight as a basis
for determining the class rating is also
problematic. Historically, the FAA and
the aviation industry used the weight
classification of small and large aircraft
to distinguish aircraft used in
commercial air carrier service from
those used in general aviation.
Commercial operators typically used
aircraft weighing over 12,500 pounds,
while general aviation operators
typically used smaller aircraft. This
distinction also reflected the relative
complexity of the aircraft. Today,
however, aircraft weight reflects neither
the complexity nor the intended use of
an aircraft.
Therefore, it is clear that the Airframe
rating needs to be updated. The FAA
initially considered trying to define the
term ‘‘composite.’’ This was difficult, at
best. More importantly, any definition
developed today may soon become
outdated by further technological
advances. The FAA has determined that
a better approach is to have the
underlying certification rules dictate the
appropriate rating.
The FAA proposes to remove classes
from the Airframe rating and group the
aircraft that were previously covered by
these classes in accordance with their
certification standards under parts 23,
25, 27, and 29. All other aircraft not
certificated under these parts would be
in a separate category ‘‘all other
aircraft.’’
The FAA believes that grouping the
Airframe rating into categories
according to the airworthiness
certification standards would better
define the technology of the aircraft and
relieve confusion. The proposed
structure of the Airframe rating is:
• Category 1: All aircraft certificated
under parts 23 and 27.
• Category 2: All aircraft certificated
under parts 25 and 29.
• Category 3: All other aircraft.
The purpose of grouping airframes
into categories 1 and 2 is to include
aircraft that were originally certificated
under their respective airworthiness
standards. The third category would
capture aircraft that were originally
certificated under Civil Aeronautical
Rules (CARs), Civil Aeronautical
Bulletins (CABs) and/or Special
Aeronautical Information Bulletins
(SAIBs). This system of airframe rating
categories would also capture future
aircraft designs.
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Category 3 would capture aircraft that
are not included in categories 1 and 2.
This would include aircraft such as
unmanned aircraft systems, light sport
aircraft, and manned balloons. This
would also provide a category for other
aircraft currently under design status
and not yet certified under established
certification regulations.
An application for the proposed
Airframe rating would have to include
a list of the make, model, or series of all
aircraft that the repair station intends to
maintain. This is a marked change for
current airframe class rated repair
stations.
The FAA also proposes to use the
term ‘‘category’’ as a replacement for the
term ‘‘class.’’ The term ‘‘class’’ has been
used for so many years to mean a
particular group of aircraft in part 145
that it seems impractical to try to apply
it in a different context.
b. Powerplant Rating (Current
§ 145.59(b)/Proposed § 145.1059(b))
The current Powerplant rating has
three classes: Class 1—Reciprocating
engines of 400 horsepower or less, Class
2—Reciprocating engines of more than
400 horsepower, and Class 3—Turbine
engines.
When the FAA established the current
Powerplant rating, reciprocating radial
engines that produced more than 400
horsepower powered nearly all large
aircraft. These engines differed
substantially from the horizontallyopposed reciprocating engines with less
than 400 horsepower that manufacturers
used to power general aviation aircraft.
In 1941 (which was when the repair
station ratings were originally
developed), horsepower evaluations
were the most common of the methods
available to determine the complexity of
engines.
Today, this methodology is antiquated
and adds no value to the Powerplant
rating. It is possible for small
horizontally-opposed reciprocating
engines to produce more than 400
horsepower. Further, most modern
transport category aircraft now have
turbine engines, while manufacturers no
longer produce high horsepower radial
engines. This is the exact opposite of
what was in place when the FAA
established the current Powerplant
rating (i.e., manufacturers were just
beginning to use turbine engines on
civil aircraft). Therefore, separate
classes for reciprocating engines are no
longer useful.
Under the proposed Powerplant
rating, the FAA intends to establish four
categories:
• Category 1: Reciprocating engine.
• Category 2: Turbine engine.
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• Category 3: Auxiliary Power Units
(APU).
• Category 4: All other powerplants.
Reciprocating engines would be
grouped into one category regardless of
the horsepower generated. Turbine
engines would continue to be grouped
into one category. Since reciprocating
and turbine engines do not cross
technological boundaries, the FAA
believes the two categories sufficiently
capture the types of engine work that a
repair station may perform.
A new category for APUs is proposed
because they have evolved into a
specialized technology in the
powerplant arena. An APU refers to any
gas turbine-powered unit delivering
rotating shaft power or compressed air,
or both, that is not intended for
propelling aircraft. APUs often drive
aircraft generators and air-conditioning
packs. APUs also can be used as an
extra source of energy to start the
primary aircraft engines. The design
configurations of some aircraft rely on
an APU for provisional back-up
electrical power in flight if the primary
power sources fail.
The fourth category, All other
powerplants, would be created to allow
growth within the Powerplant rating for
any other powerplant units not
commonly used in aircraft today, such
as solely electric engines.
Under the proposed rating system, a
repair station holding a new Powerplant
rating could perform maintenance,
preventive maintenance, and alterations
of the powerplant and associated
articles that are necessary for the
powerplant to operate properly.
An application for the proposed
Powerplant rating would have to
include a list of the make, model, or
series of all aircraft engines and APUs
that the repair station intends to
maintain. This is a marked change for
current powerplant class rated repair
stations.
As was the case with the proposed
Airframe rating, the FAA is proposing to
use the term ‘‘category’’ as a
replacement for the term ‘‘class.’’
c. Propeller Rating (Current § 145.59(c)/
Proposed § 145.1059(c))
Under the current regulations, the
Propeller rating has two classes. Class 1
covers fixed-pitch and groundadjustable propellers of wood, metal, or
composite construction. All other
propellers, by make, fall under Class 2.
This distinction is based on the
different levels of complexity between a
propeller with no moving parts and a
propeller with a mechanical system that
controls the pitch of the propeller while
operating. Aircraft with small
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reciprocating engines generally have
fixed-pitch propellers, while aircraft
with high horsepower engines have
variable-pitch propellers. Although
varying levels of complexity exist for
propellers, most repair stations
performing maintenance on propellers
hold both class ratings.
As was the case with the current
Airframe rating, the use of a propeller’s
composition as a basis to classify
propellers has lost its usefulness.
The proposed Propeller rating would
be structured to categorize propellers by
complexity of designs and would no
longer refer to the composition of a
propeller as a method of categorization.
The proposed structure of the Propeller
rating is:
• Category 1: Fixed-pitch and groundadjustable propellers.
• Category 2: Variable-pitch
propellers.
• Category 3: All other propellers.
The proposed Propeller rating would
permit a repair station to perform
maintenance, preventive maintenance,
and alterations on propellers and their
respective individual component parts
that are necessary for the propellers to
operate. Examples of these propeller
component parts would be propeller
blade pitch controls, governors, pitch
change assemblies, pitch locks,
mechanical stops, and feathering system
components. The proposed Propeller
rating does not include main and
auxiliary rotors (Airframe rating
required) or rotating airfoils of aircraft
engines (Powerplant rating required).
An application for the proposed
Propeller rating would have to include
a list of the make, model, or series of all
propellers that the repair station intends
to maintain.
As was the case with the proposed
Airframe and Powerplant ratings, the
FAA is proposing to use the term
‘‘category’’ as a replacement for the term
‘‘class.’’
d. Component Rating (Proposed
§ 145.1059(d))
The current Radio rating (§ 145.59(d))
consists of three classes: Class 1—
Communication equipment, Class 2—
Navigation equipment, and Class 3—
Radar equipment. In its report, ARAC
indicated that technological advances in
avionics have led to much controversy
over this categorization of equipment.
ARAC noted that modern avionics
equipment typically integrates
communication and navigation
functions into a single avionics
appliance. Radar and radio equipment
that operate using pulse technology also
serve communication and navigation
functions. As such, repair stations
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performing work on avionics equipment
often hold a Radio rating with all three
of the classes.
The current Instrument rating
(§ 145.59(e)) consists of four classes:
Class 1—Mechanical, Class 2—
Electrical, Class 3—Gyroscopic, and
Class 4—Electronic. These classes were
established based on the technology
available at the time. However, most
instruments currently operate using a
combination of these technologies.
These class distinctions are no longer
appropriate.
The current Accessory rating (current
§ 145.59(f)) has three classes. Class 1 is
mechanical accessories that depend on
friction, hydraulics, mechanical linkage,
or pneumatic pressure for operation.
Class 2 is electrical accessories that
depend on electrical energy for their
operation and generators. Class 3 is
electronic accessories that depend on
the use of an electron tube, transistor, or
similar device. Similar to the Instrument
rating, the classes for the Accessory
rating identify the article’s principle of
operation. Many articles maintained
under this rating use a combination of
principles, thus requiring repair stations
to hold all the class ratings for an
Accessory rating.
The classes defined in §§ 145.59(d),
(e), and (f) are essentially the same as
when they were implemented in 1941.
The technological advances in radios,
instruments, and accessories have often
combined many of the functions and
modernized the construction of the
articles detailed in these classes. Under
oo current rule, repair stations may not
be able to categorize properly the
articles on which they desire to perform
maintenance. Therefore, repair stations
may be required to possess tools and
equipment that are either antiquated or
not available.
The FAA is proposing a new
Component rating to replace the Radio,
Instrument, and Accessory ratings. The
proposed Component rating would
allow repair stations to perform
maintenance, preventive maintenance,
and alterations on various components
and related articles that are not installed
on an airframe, powerplant, or
propeller. The various components and
articles that are currently included in a
Radio, Instrument, or Accessory class
rating would be absorbed into the
Component rating. A repair station with
a Component rating would be required
to have an Airframe, Powerplant, or
Propeller rating with limitations to
install components or appliances. The
FAA believes that the comments
generated in previous rulemaking
attempts are being addressed by this
proposed rating. The Component rating
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would open opportunities for repair
stations to have numerous components
listed on their operations specifications,
thus generating more work and revenue.
An application for the proposed
Component rating would have to
include a list of the components that the
repair station intends to maintain.
e. Specialized Service Rating (Proposed
§ 145.1059(e))
The FAA is proposing a new rating,
called Specialized Service, to address
what is currently listed as specialized
services functions of a limited rating.
This rating would be different from the
other ratings in that it focuses on the
maintenance being performed rather
than the article being maintained. A
repair station with a Specialized Service
rating could perform a specialized
maintenance function that might apply
across multiple other ratings.
The proposed Specialized Service
rating is substantially the same as the
existing limited rating for specialized
services in § 145.61. The Specialized
Service rating would allow a repair
station to perform a specific and unique
function associated with the
maintenance, preventive maintenance,
or alteration of an article. The repair
station’s operations specifications
would list the Specialized Service rating
and the specification used in performing
that specialized service. The
specification could be a military,
industry, or applicant-developed
specification that was approved by the
FAA. Examples of specialized services
would include, but not be limited to,
non-destructive testing or inspection,
welding, heat-treating, plating, and
plasma spraying.
If specialized service functions are
contained within a repair station’s
existing ratings, the repair station would
not require an additional rating to
perform that service. For example, if an
Airframe rated repair station has the inhouse capability to perform x-ray
inspections in accordance with the
airframe Instructions for Continued
Airworthiness, it would not need to
have a Specialized Service rating to
perform that function on an airframe for
which it is already rated.
As is the case with the current limited
specialized service rating, this rating
could enhance the capabilities of some
repair stations that are limited by the
article-based rating they possess. This
individual rating would allow a repair
station to perform the maintenance
function outside of its article-based
rating—to specialize in a particular
maintenance function without being
required to hold an Airframe,
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Powerplant, Propeller, or Component
rating to perform the service.
An application for the proposed
Specialized Service rating would have
to include a list of the services, with
associated specifications, that the repair
station intends to provide.
f. Limitations to Ratings (Current
§ 145.61/Proposed § 145.1061)
Section 145.61 provides for limited
ratings based on a repair station
performing maintenance, preventive
maintenance, or alterations on a
particular make or model of aircraft,
powerplant, propeller, radio,
instrument, accessory, or part thereof,
and for performing specialized
maintenance.
The FAA is proposing that limited
ratings no longer be issued. Proposed
§ 145.1061 would more accurately detail
the FAA’s current practice of issuing
limitations to the rating of a certificated
repair station. For example, if a repair
station intends to perform only interior
configuration work or aircraft painting,
the FAA would issue the repair station
a limitation to its Airframe rating and
list that limitation on the repair station’s
operations specifications. The repair
station’s operations specifications
would specify the rating to which the
limitation applies in sufficient detail to
describe the maintenance capabilities of
the repair station.
The FAA believes that the ability to
place limitations when necessary on a
repair station’s rating is essential to
accurately reflect the repair station’s
capabilities. Currently, a repair station’s
operations specifications contain
provisions for this purpose. This
proposed change would add regulatory
language to control what has historically
been an essential part of the rating
system.
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3. Certification Requirements
Several areas within subpart B
(Certification) of part 145 have, over
time, caused confusion in the industry
and within the FAA. Changes within
this subpart are needed to clarify
existing regulatory language and, in
some cases, create regulatory language
where essential practices have long been
imposed through FAA guidance.
Changes are also needed in this subpart
to align language with other proposed
section changes contained in this
NPRM. In addition, this NPRM contains
a proposal to allow for certification
denial when certain enforcement history
exists.
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a. Application for Certificate—Items
Required (Current § 145.51(a)/Proposed
§ 145.1051(a))
Current § 145.51(a) details, and
§ 145.1051(a) proposes to detail, those
items that must be included in an
application for a repair station
certificate and rating.
The FAA proposes to add a provision
that would require an initial applicant
for a repair station certificate to provide
the FAA with a letter outlining how the
applicant will comply with each section
of part 145 (see proposed § 145.1051(a)).
The FAA refers to this as a ‘‘letter of
compliance.’’ Under longstanding FAA
policy and practice, applicants have
provided this letter in the past. Since
this letter has long been an essential
part of the application process, the FAA
believes it appropriate to propose a
regulatory basis for it. Also, because
applicants have been providing these
letters by policy, the FAA believes no
additional cost would be incurred.
Current § 145.51(a)(1) requires that an
application for a repair station
certificate include a repair station
manual acceptable to the FAA as
required by current § 145.207, and
§ 145.51(a)(2) requires that the
application include a quality control
manual acceptable to the FAA as
required by current § 145.211(c). These
requirements are found in proposed
§§ 145.1051(a)(2) and (a)(3),
respectively. The FAA is also proposing
in § 145.1051(a)(3) that the repair station
manual and the quality control manual
may be contained in the same document
if they are clearly identified.
Currently, an applicant is required to
provide a list by type, make, or model
of each article for which the application
is made (§ 145.51(a)(3)). This
requirement is not explicitly linked to
the rating system found in § 145.59. The
FAA proposes to revise this requirement
(in proposed § 145.1051(a)(4)) to
specifically reference the rating system
(as found in proposed § 145.1059). This
would help the applicant better
understand the certification
requirements and align the information
provided at the time of application with
the actual ratings allowed through the
regulation. The FAA does not anticipate
that this change would burden current
repair stations, and it would ensure that
applicants submit the necessary
information without adding new
requirements.
As repair stations have become larger
and more complex, it is apparent that
identification of the principal repair
station location has often become
difficult to ascertain for the public as
well as for the FAA. This has made it
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difficult for the FAA to fulfill its
obligation to provide appropriate
oversight. Current § 145.51(a)(5)
requires an applicant to provide a
description of its housing and facilities,
in accordance with § 145.103. The FAA
is proposing clarifying language in
§ 145.1051(a)(6) that would require the
applicant to identify all facilities that
will make up the repair station at the
time of application.
The FAA is not proposing changes to
the requirements in current
§§ 145.51(a)(4), (6) and (7). However, in
proposed subpart G, these requirements
would be found in proposed as
§§ 145.1051(a)(5), (7) and (8)
respectively.
b. Application for Certificate—
Appropriate Equipment (Current
§ 145.51(b)/Proposed § 145.1051(b))
Current § 145.51(b) requires that the
equipment, personnel, technical data,
and housing and facilities required for
the certificate and rating, or for an
additional rating, must be in place for
inspection at the time of certification or
rating approval by the FAA. This
section also states that an applicant may
meet the equipment requirement if it
has a contract acceptable to the FAA
with another person to make the
equipment available to the applicant at
the time of certification and at any time
it is necessary when the relevant work
is being performed by the repair station.
This provision was included for the
first time in the 2001 final rule in
response to comments received on the
1999 NPRM. The commenters expressed
concerns that the requirement to have
all the equipment in place at the time
of certification would be unnecessarily
burdensome. Others noted that it is
important only that the equipment be in
place when it is needed to perform the
work. Similarly, commenters opposed
the requirement in then proposed
§ 145.111 (Equipment and material
requirements) that would have required
repair stations to have, located on the
premises and under their full control,
the equipment and material necessary to
perform the maintenance appropriate to
their ratings. They said the requirement
would preclude repair stations from
renting or leasing equipment. The
commenters also noted that a renting or
leasing option would be particularly
important for expensive, rarely used
tools.
In response to those comments, the
FAA revised the text in § 145.51(b) to
permit an applicant for a repair station
certificate to meet the equipment
requirement by having a contract
acceptable to the FAA that would
ensure the equipment would be
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available when the relevant work is
performed. Agreeing with the
commenters’ concerns over the burden
of having to purchase expensive, rarely
used tools to have in place during initial
certification, the FAA stated that its new
contract provision ‘‘will accommodate
those repair stations that do not plan to
purchase expensive equipment that may
not be used regularly’’ (66 FR 41095,
August 6, 2001). The preamble
discussion, however, noted that the
provision did not relieve an applicant
from having the equipment in place and
available for inspection at the time of
certification. While recognizing that,
under this provision, an applicant need
not physically retain the equipment
after certification, the FAA found it
necessary that each applicant have the
equipment in place during the
certification process. During the
certification inspection, the FAA could
‘‘observe the placement of the
equipment, whether the equipment
works, and whether the applicant can
use the equipment properly.’’ Id.
Similarly, in response to the
comments on proposed § 145.111, the
FAA revised the text (now found in
§ 145.109) to provide that: ‘‘The
equipment, tools, and material must be
located on the premises and under the
repair station’s control when the work is
being done.’’ This change also
accommodated the commenters’
concerns about not having to purchase
expensive, seldom used equipment to
have permanently in place when they
could instead obtain it through contract
when needed.
These issues were discussed in the
2006 NPRM, when the FAA addressed
and attempted to clarify what it termed
was an ambiguity in the existing text.
The preamble stated that this
‘‘ambiguity results from the phrase
specifying that the equipment
requirement could be met ‘if the
applicant has a contract acceptable to
the FAA with another person to make
the equipment available to the applicant
at the time of certification’ ’’ (71 FR
70256, Dec. 1, 2006 (emphasis in
original)).
The FAA noted the possibility of
inconsistent application of this
provision by different FAA inspectors.
For example, one inspector might
require all of the equipment to be placed
on site for initial inspection, and
another might only review the contract.
Noting that the safety basis for the
equipment requirement is that the
equipment be in place when the work
is being performed, the FAA proposed
revised text in the 2006 NPRM to clarify
that the requirement for initial
certification could be met by a contract
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to make the equipment, tools, and test
apparatus available to the repair station
at any time it is necessary when the
relevant work is being performed.
The FAA has reconsidered this issue
and has determined that the
‘‘clarification’’ proposed in the 2006
NPRM was not entirely consistent with
the underlying purpose of the provision
published in the 2001 final rule. As
noted above, the 2001 preamble
supported the change to allow
contracting for equipment availability
by noting that it would ‘‘accommodate
those repair stations that do not plan to
purchase expensive equipment that may
not be used regularly.’’ The preamble
also made clear that the new provision
did not relieve an applicant from having
the equipment in place and available for
inspection at the time of certification.
Thus, the clarification offered in the
2006 NPRM was not in full accord with
the agency’s intent set forth in the 2001
preamble, which would have required
applicants to have basic equipment in
place for inspection.
The FAA believes it should not grant
a repair station certificate to an
applicant with a virtually empty
building based merely on a showing it
can get the required equipment by
contract when needed. Therefore, the
FAA proposes to change the rule to
remove any ambiguity by requiring the
repair station to meet the equipment
requirements of proposed § 145.1051 by
having the equipment available for
inspection at certification. The repair
station would not need to own the
equipment but would be required to
present the equipment during
certification and have it available
thereafter.
The FAA also proposes to clarify the
scope of the kinds of items a repair
station must have for initially obtaining
certification by adding both tools and
test apparatus to the list of items a
repair station must have on site. While
the term ‘‘equipment’’ could be
interpreted to include many examples of
each, adding the term ‘‘tools’’ to the
regulation would ensure that an
applicant for a repair station certificate
also have on site certain tools necessary
for the rating sought that individual
mechanics or repairmen might not
possess. This might include tools that
are of a specialized nature for the rating
or other tools that might be too large or
expensive, or of a limited specialized
nature. For the same reasons, and for
consistency with the requirements of
§ 43.13(a), the FAA proposes to add
‘‘test apparatus’’ to the list of items a
repair station must have in place for
inspection at the time of initial
certification or rating approval.
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c. Application for Certificate—Repair
Stations Outside the United States
(Current § 145.51(c)/Proposed
§ 145.1051(c))
Current § 145.51(c) requires an
applicant for a certificate for a repair
station located outside the United States
to show the certificate and/or rating is
necessary for maintaining or altering
certain aircraft and articles. The result
of this language unintentionally requires
the repair station applicant to maintain
both aircraft and articles. The FAA
proposes to change the word ‘‘and’’ to
the less restrictive ‘‘or’’ in proposed
§ 145.1051(c).
d. Application for Certificate—Denial
(Proposed § 145.1051(e))
The 2006 NPRM proposed that the
FAA could deny an application for a
repair station certificate if the applicant
previously held a repair station
certificate that had been revoked or if
the applicant or certain key individuals
who would exercise control over the
new repair station had materially
contributed to the circumstances that
resulted in a prior repair station
certificate revocation action. This is
similar to the current authority
contained in part 119 authorizing the
FAA to deny applications for air carrier
and commercial operator certificates.
The commenters who opposed this
proposal stated it was too open-ended
and that it would be impossible to
maintain a tracking list of disqualifying
individuals.
At the present time, the FAA is not
planning to maintain a tracking list of
individuals who might be disqualified
under this section. The agency is,
however, planning to add a question to
the repair station application inquiring
into the disqualifying criteria set forth
in this section, e.g., whether the
applicant held a repair station certificate
that had been revoked or that is in the
process of being revoked. A truthful
answer here would be imperative in
view of proposed § 145.1012, because an
intentionally false answer to the
question could result in the suspension
or revocation of any FAA-issued
certificate held by that applicant.
While the FAA understands the
concerns of the commenters, the agency
believes this requirement should be
implemented to address safety concerns.
For example, a chief inspector from a
repair station that lost its certificate for
serious maintenance-related safety
violations applied for and received a
new repair station certificate. That
individual also became the chief
inspector at the newly certificated repair
station. While under the chief
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inspector’s direction, employees of the
newly certificated station performed
improper maintenance on a number of
propellers, one of which came apart in
flight causing a fatal accident.8
The FAA already has such a
mechanism in place for air carriers and
commercial operators. Section 119.39(b)
allows the FAA to deny an application
for a part 121 or 135 air carrier
certificate or operating certificate based
on prior relevant enforcement action.
The FAA can deny certification to an
applicant who is substantially owned by
(or intends to fill a management
position with) an individual who had a
similar interest in a certificate holder
whose certificate was (or is being)
revoked when that individual materially
contributed to the circumstances
causing the revocation process.
The FAA proposes new language (in
§ 145.1051(e)) to detail conditions under
which a person may be denied a repair
station certificate. The changes the FAA
propose are based to a large extent on
the language contained in § 119.39(b).
The FAA’s proposal would authorize
the agency to deny a repair station
application if:
• The applicant previously held a
repair station certificate that was
revoked.
• The applicant intends to fill or fills
a management position with an
individual who exercised control over
or who held the same or a similar
position with a certificate holder whose
repair station certificate was revoked, or
is in the process of being revoked. That
individual must have materially
contributed to the circumstances
causing the revocation or causing the
revocation process.
• An individual who would hold a
management position previously held a
management position with a certificate
holder whose repair station certificate
was revoked, or is in the process of
being revoked. The individual must
have materially contributed to the
circumstances causing the revocation or
causing the revocation process.
• An individual who would have
control over or substantial ownership
interest in the applicant had the same or
similar control or interest in a certificate
holder whose repair station certificate
was revoked, or is in the process of
being revoked. That individual must
have materially contributed to the
8 As a result of this incident, the NTSB, in a safety
recommendation dated February 9, 2004 (A–04–01
and A–04–02), expressed concern that the FAA did
not have a mechanism for preventing individuals
who were associated with a previously revoked
repair station from continuing to operate through a
new repair station.
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circumstances causing the revocation or
causing the revocation process.
The current regulations (§ 145.55(a))
contemplate the holder of a repair
station certificate voluntarily
surrendering the certificate to the FAA,
in which case it would cease to be
effective. This voluntary surrender
provision is sometimes abused in an
attempt to thwart an ongoing
investigation. The FAA is aware that
sometimes after an enforcement
investigation has commenced, the
certificate holder will attempt to
surrender the certificate as a means of
stopping the enforcement action. It is
the FAA’s policy, however, not to
accept the voluntary surrender of a
certificate in those circumstances. The
FAA’s Compliance and Enforcement
Program (FAA Order 2150.3B at Ch 5,
Para. 10(b)) instructs FAA investigative
personnel to refuse the voluntary
surrender of a certificate if it appears the
surrender is being attempted to avoid a
certificate action. In those cases, the
investigative personnel are to continue
with the investigation and recommend
enforcement action, if appropriate. As
discussed in paragraph f (Duration and
Renewal of Certificate (current § 145.55/
proposed § 145.1055)) below, the FAA is
proposing to amend the text currently in
§ 145.55 to add a new condition to the
certificate surrender provision—that
acceptance for cancellation by the FAA
of a certificate offered for surrender is
necessary to render the certificate no
longer effective. This change would
highlight and provide additional notice
to the holders of repair station
certificates of the FAA’s policy against
potential violators merely surrendering
their certificates to avoid enforcement
action. Unless the FAA accepted the
certificate for surrender, it would
remain effective for administrative and
enforcement purposes, even if the
certificate holder ceased operations.
Accordingly, in the event of an
enforcement action that might result in
the suspension or revocation of a repair
station certificate, the enforcement
process could continue and, in the case
of a revocation, a record would exist to
support the certificate denial provisions
proposed in this paragraph.
The FAA recognizes that the proposed
language does not contain an appeal or
reconsideration procedure. This is
because a process already exists in
current § 13.20, which addresses, among
other things, orders of denial. Paragraph
(b) of that section provides, in pertinent
part, that unless an emergency exists
requiring the immediate issuance of an
order of denial, the affected person (the
applicant) must be provided with notice
prior to issuance of an order of denial.
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Paragraph (c) further provides that,
within 30 days after service of the
notice, the affected person may reply in
writing or request a hearing in
accordance with subpart D of part 13.
Subpart D of part 13 provides the Rules
of Practice for FAA Hearings. Thus,
applicants who are denied a repair
station certificate would be provided
with appropriate due process through
the means of an evidentiary hearing.
e. Issue of Certificate (Current § 145.53/
Proposed § 145.1053)
Current § 145.53(a) states that, subject
to three exceptions, a person who meets
the requirements of part 145 is entitled
to a repair station certificate with
appropriate ratings prescribing such
operations specifications and
limitations as are necessary in the
interest of safety. Since proposed
§ 145.1051 would provide a mechanism
for the FAA to deny a certificate, an
applicant would no longer be ‘‘entitled’’
to a certificate.
The FAA is proposing in
§ 145.1053(a) that an applicant could be
found ‘‘eligible to be issued’’ a
certificate. This proposed change is
consistent with other certification
requirements, such as in parts 121 and
135, where the FAA has the authority to
deny a certificate. In addition, the FAA
proposes to remove the three exceptions
from this paragraph as they refer to
additional requirements for particular
applicants, not exceptions to the
eligibility requirements.
Section 145.53(b) sets forth the
procedure to certify repair stations
located in a country with which the
United States has a bilateral aviation
safety agreement. This procedure is
based on the certification from the civil
aviation authority of the country that
the applicant meets the requirements of
part 145.
The FAA must consider that the
United States may enter into a bilateral
agreement with a civil aviation
authority other than a national aviation
authority. This situation already exists
in Europe. The European Union formed
the European Aviation Safety Agency
(EASA) to carry out those civil aviation
safety functions that were previously
the domain of national aviation
authorities.
Therefore, the FAA is proposing in
§ 145.1053(b) to allow the FAA to certify
a repair station outside the U.S. based
on a certification from an authority
acceptable to the FAA. This change
would allow the FAA to make the
finding based on a recommendation
from a national aviation authority,
EASA, or any other EASA-like entity
that may be created in the future.
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f. Duration and Renewal of Certificate
(Current § 145.55/Proposed § 145.1055)
renewal, the fee prescribed by the FAA
has been paid.
As discussed in paragraph d
(Application for Certificate—Denial
(proposed § 145.1051(e)) above, the FAA
has experienced instances in which a
certificate holder surrendered its
certificate to the FAA in order to stop
an investigation that the holder
suspected would lead to an FAA order
suspending or revoking the certificate
because of known or suspected serious
violations of the regulations. In the case
of a repair station, the holder of a repair
station certificate could attempt to take
advantage of the provision in current
§ 145.55, regarding surrender of the
certificate. Upon surrender the
certificate would no longer be effective,
and there would be no certificate that
could be suspended or revoked. This is
an abuse of the surrender provision, as
it was never intended as a device to stop
an investigation and possible
enforcement proceeding. In proposed
§ 145.1055, the FAA would add a new
condition to rendering a surrendered
certificate ineffective. Under the
proposal, a surrendered certificate
would remain effective unless the FAA
accepted it for cancellation.
As the discussion in paragraph d
points out, the FAA’s Compliance and
Enforcement Program (FAA Order
2150.3B at Ch 5, Para. 10(b)) instructs
FAA investigative personnel to refuse
the voluntary surrender of a certificate
if it appears the surrender is an attempt
to avoid a certificate action. The
amendment proposed here would
provide additional notice to all holders
of repair station certificates that
successfully surrendering a repair
station certificate for cancellation
requires not only the offer of surrender,
but also the FAA’s acceptance of that
offer. As we noted above, unless and
until the FAA accepts for cancellation a
surrendered certificate, the certificate
would remain effective for
administrative and enforcement
purposes, even if the holder ceased
operations.
Current § 145.55(c) sets forth what a
certificated repair station located
outside the United States must provide
to renew its certificate. In addition to
the items listed in that provision, a
certificated repair station located
outside the United States must pay a fee
for service as a condition for renewal.
The requirement to pay this fee as part
of the renewal application is not in
§ 145.55(c) even though it is a
requirement found in 14 CFR part 187.
The FAA is proposing in
§ 145.1055(c)(3) that, as a condition of
g. Capability List (Current § 145.215/
Proposed § 145.1215)
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During the repair station certification
process, an applicant’s ratings are
established following a demonstration
to the FAA that the applicant is capable
of performing maintenance on specific
articles. Following certification, the
FAA expects that a repair station
continues to manage and control its
capabilities on each individual article it
maintains. This is accomplished by the
repair station ensuring that it has, for
example, trained personnel, and the
necessary data, facilities, and
equipment.
Under the current Limited rating, a
repair station is required to document
each article it maintains on either a
capability list, or on the repair station’s
operations specifications. For Class
ratings, the FAA assumes that a repair
station, using its own methods, manages
its capabilities with the same level of
detail (although this is not required).
Under this Class rating system, what an
individual repair station is actually
capable of maintaining is for the most
part known only to the repair station
and the individual FAA principal
inspector(s) assigned to manage that
repair station’s certificate.
The FAA believes it is critical that
both a repair station and the FAA are
able to identify the actual certified
capabilities of that repair station at any
given time. It is important that the
actual capabilities of a repair station are
documented and that the
documentation is current. The 2006
NPRM was not clear as to how the
articles should be listed on the
capability list. The FAA is proposing to
define what is required on the capability
list by adding two terms. The first,
‘‘series as applicable,’’ would recognize
that not all models have series. The
second, ‘‘basic part number,’’ would be
added to clarify that it is not necessary
to list each model or part ‘‘dash
number.’’ The requirements for
identifying articles on the capabilities
list would provide clarity, consistency,
and flexibility.
If the repair station chooses to use a
capability list, the proposed rule would
require that it identify each airframe,
powerplant, or propeller by
manufacturer, model, and series as
applicable. For a component rating, the
proposed rule would require that the list
identify each component for which the
repair station is rated by manufacturer,
manufacturer-designated nomenclature,
and basic part number.
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Currently, it is required that this level
of documentation exists for each repair
station with a Limited rating. The
documentation is either on a capability
list or listed on the repair station’s
operations specifications. For all ratings
under the current rule, including Class
ratings, a repair station must ensure that
it has the housing, facilities, equipment,
material, technical data, and trained
personnel in place prior to performing
maintenance on an article. To make this
determination today, a repair station
must be aware of the manufacturer,
model, series, nomenclature, and basic
part number, for example, of each article
it wishes to maintain. Otherwise, the
repair station would not know what
data to obtain, what subjects to train
personnel in, and what equipment to
purchase.
The current practice of issuing Class
ratings was found to have limitations
and unforeseen consequences that were
not apparent until the advent of new
technology components and aircraft.
Class ratings entitled repair stations to
work on articles neither they nor the
FAA ever envisioned would exist at the
time the rating was issued. That the
repair station would limit itself from
working on certain articles for which it
was not fully capable essentially
provided, in effect, a limited Class
rating. This proposed rule would
eliminate Class ratings and require the
‘‘writing down’’ of this identifying
information in a standard format for all
repair stations. From this perspective,
the FAA believes the burden on the
industry would be an administrative
one, in particular for those currently
holding a class rating. However, the
burden should be, for the most part,
limited to the onetime transfer of the
capability list to a standard format
acceptable to the FAA. The FAA
requests specific comments,
observations, and suggestions regarding
the elimination of class ratings.
To ease this burden and to
standardize the method used to
document capabilities, the FAA may
develop a web-based capability list. The
FAA believes that an FAA-hosted
automated capability list, if created,
should have a positive impact on FAA
staff and resources. Currently, a
certificated repair station with a Limited
rating has the option to list the articles
for which it is rated on a capabilities
list, and to expand that list through a
self-evaluation process. Under this
proposed rule, all repair stations could
proceed in one of two ways to add an
article to their capabilities list. First, a
repair station could submit a request to
the FAA for approval. The request
would have to document that the repair
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station is capable of performing the
requested work—it would have to
demonstrate that it has the technical
data, housing, facilities, equipment,
material, processes, and trained
personnel to perform the work on the
article for which it seeks approval.
Second, either during the repair
station’s initial application process, or
later through an amendment to its
operations specifications in accordance
with proposed § 145.1058, the repair
station could seek a general
authorization in its operations
specifications to perform a selfevaluation each time it wishes to add an
article to its capabilities list. Similar to
the criteria used in the individual
request to the FAA method discussed in
option one, the self-evaluation would be
done to determine that the repair station
has the technical data, housing,
facilities, equipment, material,
processes, and trained personnel to
perform the work on the article it
wishes to add to its capabilities list. If
the self-evaluation determines that those
criteria are met, the repair station could
add the article without specific FAA
approval.
The FAA considers the capabilities
list self-evaluation process to be similar
in concept to the self-evaluation process
expected under the current Class ratings
system. Both processes allow for a
repair station to add to its capabilities
list independent from FAA review. It is
not the FAA’s intent to reduce this
flexibility with this proposed rule.
However, under the current rule, Class
ratings should not be authorized unless
the repair station can prove the
capability to maintain a representative
number of products under the rating.
Unlike the Class rating which considers
a repair station’s ability to maintain a
range of product models, the proposed
capability list self-evaluation
authorization would take into account
the adequacy of a repair station’s quality
control system to control the expansion
of its capabilities independent from
FAA review. A risk-assessment process
would be used by the FAA to evaluate
a new repair station applicant’s ability
to manage a self-evaluation program.
Existing repair stations using a
capability list and those with Class
ratings could be authorized to perform
self-evaluations for future capability
changes and would not be required to
reapply for this authorization. During
the 24 months of the transition period,
there would be no requirement for
existing repair stations to perform selfevaluations on their current capabilities
beyond what is contained in their
current procedures.
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Proposed § 145.1215(f) would require
each repair station with a capability list
to review its capabilities at least every
two years, and to remove any article
from the list that it is no longer capable
of maintaining. The FAA believes this is
a necessary quality element to ensure a
repair station’s capability list
continually reflects its actual repair
station capabilities.
h. Contract Maintenance (Current
§ 145.217/Proposed § 145.1217)
The FAA placed this section, Contract
Maintenance, under the discussion of
the proposed certification requirements
because a repair station’s contracting
capability must be understood and
evaluated during the certification of the
repair station.
With the exception of a new
paragraph (b)(4), and an expansion of
the restrictions in paragraph (c), the
proposed changes in this section are
made to clarify the intent of the current
rule. As in the current rule, proposed
§ 145.1217(a) allows a repair station to
contract a ‘‘maintenance function’’ to an
outside source provided certain
conditions are met. Much confusion
exists around the term ‘‘maintenance
function’’ and when FAA approval is
required when a repair station contracts
such a function to an outside source.
The FAA does not approve who a
certificated repair station contracts with.
While this information must be
maintained and made available to the
FAA, each repair station is free to
choose with whom it contracts.
However, the rule currently requires,
and this proposed rule would continue
to require, that the FAA approve the
maintenance function to be contracted.
The basis of this requirement extends
back to the original certification of the
repair station. When an applicant
applies for a rating, the applicant must
declare what functions within the rating
the repair station will contract out.
For example, an applicant for a
Component rating to overhaul a specific
fuel pump model may not be capable of
rewinding armatures and may plan to
contract this function out. Although the
Component rating is a blanket
authorization to overhaul the pump, the
applicant has formally declared what
functions within the rating it will
contract out—in this case, armature
rewinding. Another example would be
an applicant for an Airframe rating who
does not plan on developing capabilities
for component overhaul and repair. The
function contracted out would be
component overhaul and repair.
Proposed §§ 145.1217(a)(1) and
145.1209(e)(5) would continue to
require the certificated repair station to
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maintain this contracted function
information for the duration of the
repair station certificate.
The overriding intent of current
§ 145.217(a)(1), and proposed
§ 145.1217(a)(1) is not for the FAA to
restrict the ability of a repair station to
contract out maintenance, but rather to
ensure the repair station’s capabilities
are clearly stated at all times.
Nevertheless, as currently provided in
§ 145.217(c) and in proposed
§ 145.1217(c), the FAA will not approve
the contracting out of all maintenance
functions encompassed in the repair
station’s rating. Such a practice would
effectively render the part 145 certificate
meaningless.
Clarification is needed as to what is
not contract maintenance. Part 145 does
not regulate the ‘‘brokering’’ of a
complete article by a repair station. If a
repair station is not exercising the
privilege of its certificate, it is not
contracting a maintenance function as
covered by the proposed rule. A repair
station can, as can any other certificated
or noncertificated person, receive, ship,
arrange for maintenance, or act as agent
in the brokering of maintenance for
others without being considered to be
contracting maintenance. When a repair
station exercises the privilege of its
certificate by engaging in maintenance
for which it is rated, and then initiates
the involvement of another person in
that maintenance, the repair station is
engaging in contract maintenance.
For example, if a repair station with
an Airframe rating removes an engine
and ships the engine to a repair station
with a Powerplant rating, it is not
engaging in contract maintenance
because it is not rated to perform
powerplant maintenance. However, if
during inspection it discovers a
damaged engine mount, and
subsequently sends the engine mount to
another repair station or noncertificated
facility for a weld repair and approves
the work for return to service, it would
be contracting maintenance under the
repair station rating (see proposed
§ 145.1217). The repair station is
contracting maintenance because, under
its rating, it is authorized to do the work
and approved it for return to service.
Therefore, the repair station is
exercising the privilege of its certificate
in performing maintenance and it is
rated for the weld repair by virtue of its
Airframe rating.
Throughout § 145.217, the terms
‘‘outside source’’, ‘‘outside facility’’, and
‘‘facility’’ are used interchangeably.
These terms are undefined and subject
to inconsistent usage and confusion. For
consistency and to eliminate confusion,
the FAA proposes to replace these
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undefined terms in proposed § 145.1217
with the term ‘‘person,’’ which is
defined in § 1.1.
The FAA is proposing in
§ 145.1217(b)(1) to add a reference to the
quality control system procedures
proposed in § 145.1211(c)(1)(vi) to
emphasize that the quality control
system of each noncertificated person
with whom a repair station contracts a
maintenance function must be
equivalent to its own. The contracting
repair station must physically observe
the quality control system of each
noncertificated person with whom it
wishes to contract and determine that it
meets this standard before any
maintenance is performed by that
person.
The FAA is also proposing a new
provision (§ 145.1217(b)(4)) to the
contracting rule to emphasize
specifically that the personnel
requirements set forth in proposed
§ 145.1151(c) apply when maintenance
is contracted to a noncertificated
person. Current § 145.151(c) provides
that each repair station must ensure that
it has a sufficient number of qualified
employees to ensure all work is
performed in accordance with part 43.
While it is implicit in that rule that
those personnel requirements apply
when work is contracted to
noncertificated persons (because the
contracting repair station is responsible
for determining the airworthiness of
articles before approving them for return
to service), the FAA is proposing for
clarity to add a phrase in proposed
§ 145.1151(c) specifically referring to
work contracted to a noncertificated
person.
To adequately perform the
surveillance and verification
requirements of § 145.1217(b), a
certificated repair station would need a
sufficient number of employees with the
training or knowledge and experience in
the maintenance function performed by
the noncertificated person. This is
necessary to assess the noncertificated
person’s ability to correctly perform the
work and the proper completion of the
work. In contracting a maintenance
function to a noncertificated person, a
repair station is not absolved from
having corporate technical knowledge of
the work performed under its rating. If
it is not able to ensure such knowledge
base in its employees, a repair station
must be limited from, and broker the
maintenance function to, a person
appropriately certificated to perform
and approve the work for return to
service.
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4. Repair Stations Providing
Maintenance for Air Carriers (Current
§ 145.205/Proposed § 145.1205)
Current § 145.205 contains, and
proposed § 145.1205 would contain, the
regulations covering maintenance,
preventive maintenance, and alterations
performed for certificate holders under
parts 121, 125, and 135, and for foreign
air carriers or foreign persons operating
U.S.-registered aircraft in common
carriage under part 129.
a. ‘‘Applicable Sections’’ of a
Maintenance Manual (Current
§ 145.205(a)/Proposed § 145.1205(a))
Currently, § 145.205(a) states that a
repair station working for an air carrier
or a commercial operator that has a
continuous airworthiness maintenance
program under part 121 or part 135
must follow the carrier’s or commercial
operator’s program and ‘‘applicable
sections of its maintenance manual.’’
Before the 2001 final rule, § 145.2
specified the additional requirements
for repair stations performing
maintenance work for air carriers or
commercial operators under the
continuous airworthiness requirements
of parts 121 and 127 and for airplanes
under the inspection program required
by part 125. The FAA believed that
parts of the regulation were difficult to
follow because, for example, it required
repair stations to comply with identified
subparts, e.g., ‘‘subpart L of part 121’’
(except for certain specified sections). In
an attempt at clarity, in the 1999 NPRM
the FAA proposed reversing that logic
and, in proposed § 145.7, instead of
listing the exceptions, the proposed rule
identified the specific sections that, ‘‘as
applicable,’’ would apply (e.g., ‘‘Each
certificated repair station * * * must, as
applicable, comply with * * *’’ the
specified sections as listed.). That
proposal also generated adverse
comments. The references to the various
specified sections in parts 121 and 135
‘‘as applicable’’ continued to confuse
some commenters, some of whom also
incorrectly inferred that the FAA
intended to impose additional
requirements by listing specific sections
of the rule.
Based on these comments, the specific
section references were not included in
the 2001 final rule. These air carrier
maintenance provisions are currently
found in § 145.205 and, generally
speaking, require repair stations to
follow the air carrier’s or operator’s
program and ‘‘applicable sections of its
maintenance manual.’’ Repair stations
that provide this type of work have
stated that the term ‘‘applicable
sections’’ causes confusion because it is
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subjective and vague. They point out
that air carriers, air operators, and the
FAA’s inspectors interpret the term
differently. Commenters to the 2006
NPRM voiced similar concerns for
similar reasons with the change
proposed there. Specifically, we
proposed that repair stations must
comply with ‘‘the applicable parts of
this chapter and follow the air carrier or
commercial operator’s program and
applicable sections of its maintenance
manual.’’ The confusion expressed by
the commenters carries a common
theme, all involving the reference to
‘‘applicable sections’’ or ‘‘as
applicable.’’
In proposed § 145.1205(a), we are
attempting to clarify this issue by stating
that when a repair station performs
work as a maintenance provider for an
air carrier or commercial operator, the
repair station must perform that work in
accordance with the instructions
provided by that air carrier or air
operator.
b. Certificate Holders Operating Under
14 CFR Part 125 (Current § 145.205(b)/
Proposed § 145.1205(b))
In proposed § 145.1205(b), the FAA
would change the language currently in
§ 145.205(b) to include all operators that
may have an approved aircraft
inspection program. Currently,
§ 145.205(b) references only FAAapproved inspection programs for part
125 operators. However, some persons
operating under part 135 may also have
an FAA-approved inspection program
and others may have selected an
inspection program under § 91.409(e).
Therefore, references to part 135 and
§ 91.409(e) would be included in
proposed § 145.1205(b).
c. Foreign Persons Operating Under 14
CFR Part 129 (Current § 145.205(c))
If a reference to a foreign air carrier
or foreign person operating a U.S.registered aircraft under part 129 is
added to proposed § 145.1205(a), it is no
longer necessary to include a provision
similar to § 145.205(c) in proposed
§ 145.1205. Each of these part 129
operators must have an FAA-approved
maintenance program that must be
followed by persons performing
maintenance on these aircraft.
d. Line Maintenance (Current
§ 145.205(d))
The 1999 NPRM introduced the
concept of line maintenance for repair
stations. As proposed, line maintenance
was intended to allow repair stations
currently located at an air carrier’s line
station to perform simple scheduled
servicing and unscheduled maintenance
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that could be performed safely without
the need to house the aircraft. This was
intended to provide relief from the
requirements of § 145.103(b), which
requires a repair station with an
airframe rating to have the ability to
house the largest aircraft for which it is
rated. This maintenance would not
necessarily require housing the entire
aircraft.
For reasons unstated, the 2001 final
rule did not include a requirement that
line maintenance be limited to those
repair stations located at air carrier line
stations. In addition, it introduced the
concept that a repair station could
perform line maintenance upon
authorization by the FAA. It also
included a definition of line
maintenance (in § 145.3) that included
‘‘any unscheduled maintenance
resulting from unforeseen events.’’
These additions imply that a repair
station may perform ‘any unscheduled
maintenance’ without meeting the
prerequisites of part 145 for an
appropriate rating, simply based on the
issuance of an ‘authorization’ to perform
‘line maintenance’ for an air carrier or
commercial operator.
Line maintenance was not intended to
be a rating. Rather, it was meant to be
an authorization for an appropriately
rated repair station. The § 145.103(b)
housing requirement applies to a repair
station holding an Airframe rating.
Section 145.205(d) is an authorization
providing relief from that requirement
under limited circumstances.
However, as applied, line
maintenance authorization has been
granted to repair stations without the
appropriate ratings or facilities because
the existing language implies that it is
permissible. This was a concern
expressed in comments in response to
the introduction of the line maintenance
authorization in 2001. In addition, the
line maintenance concept has also
resulted in repair stations that were
created simply to perform line
maintenance at many geographically
disparate locations, which makes it
almost impossible for the FAA to
reasonably perform its safety oversight
function.
To rectify this situation, the FAA is
proposing to eliminate the current line
maintenance concept by not including a
provision similar to § 145.205(d) in
proposed § 145.1205.
However, the performance of
maintenance that could include line
maintenance would still be an available
option for a repair station. A repair
station could be issued a limitation to
an Airframe rating to identify and limit
the work the repair station could
perform. This could include line
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maintenance. With appropriate
limitations, line maintenance is simply
one example of work for which a
limitation to an Airframe rating could be
issued. With a limitation of line
maintenance for a specified air carrier or
commercial operator, the repair station
would be permitted to perform
maintenance limited to line
maintenance, but there would be no
authorization for line maintenance
beyond the limitation to the rating.
If the line maintenance work is to be
accomplished temporarily away from
the repair station, this could be
accommodated under the provisions of
§ 145.1203 (Work Performed at Another
Location). If the location is in the
United States and intended to be
permanent, and is within the
geographical boundaries of the local
FAA Certificate Holding District Office,
an additional fixed facility of the repair
station as provided by proposed
§ 145.1103(d) may be appropriate. If the
location is not within the geographical
boundaries of the Certificate Holding
District Office, certification of a separate
repair station or satellite repair station
under proposed § 145.1107 may be
appropriate. This would reintroduce the
original intent that this type of work
would be limited to currently
certificated repair stations at such
locations where the work is needed.
The current definition of line
maintenance does not correctly describe
the scope of this level of maintenance.
Therefore the FAA is also proposing to
revise the definition of line maintenance
in proposed § 145.1003(e). The
definition would now reinforce that line
maintenance is performed for air
carriers, is generally performed at the
ramp, parking area or gate, and typically
will not exceed 24 continuous hours per
aircraft.
5. Other Proposed Changes
a. Applicability (Proposed § 145.1001)
A new applicability statement is
necessary to address the transition
period. This language would direct
applicants to subparts F through J for
the regulations that would apply to
them. This new section would continue
to state that a repair station certificate is
issued for the performance of
maintenance, preventive maintenance,
and alterations on civil products to
which part 43 applies. The FAA cannot
compel a person to hold a repair station
certificate, so the phrase in current
§ 145.1 or is required to hold would be
deleted as unnecessary. The FAA
proposes instead that the rules would
apply to any person who holds out as
an FAA-certificated repair station.
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b. Avionics (Proposed § 145.1003(c))
Aviation electronic technology has
advanced dramatically since the advent
of the current ratings system. Because of
these advancements, the ARAC
recommended the addition of an
avionics rating. The FAA proposed such
a rating in the 2006 NPRM. The
commenters generally opposed a
separate avionics rating. Most of these
commenters stated that avionics are
components and should simply be
identified as such. Moreover, other
commenters stated that confusion
would exist if avionics were made a
separate category of component.
To recognize advances in the field of
aviation electronics and to reduce any
confusion that exists regarding the
differences and overlaps in the terms
instruments, electronics, electrical
systems, and avionics, the FAA is
proposing to add a definition for the
term ‘‘Avionics’’ in proposed
§ 145.1003(c). Under this definition,
‘‘Avionics’’ (i.e., aviation electronics)
would be any component generally
associated with processing digital
electronic signals. Examples of such
components include radios and
navigation equipment, radar, and data
processors.
c. Repair Station Records: Falsification,
Reproduction, or Alteration (Proposed
§§ 145.12 and 145.1012)
At present, part 145 does not contain
a general prohibition against making
fraudulent or intentionally false entries
in repair station records or for making
fraudulent reproduction or alteration of
records or reports. Other parts of the
regulations do contain similar
proscriptions. For example, part 43
contains such prohibitions for
maintenance records or reports, with a
consequence of suspension or
revocation of the applicable airman,
operator, or production certificate and
other specified privileges (see § 43.12.).
Other regulations contain similar
prohibitions (e.g., intentionally false
entries on applications and other
records, and cheating on tests) with
similar consequences (i.e., suspension
or revocation of FAA-issued certificates
or ratings (see. e.g., §§ 61.37, 61.59,
63.18, 63.20, 65.18, 65.20, and 67.403.)).
While § 43.12 provides for suspension
or revocation of the applicable airman
and other mentioned certificates and
privileges for requisite maintenance
record falsifications or fraudulent acts,
it does not provide for repair station
certificate suspension or revocation for
the same kind of conduct.
Therefore, the FAA is proposing a
new § 145.12 in subpart A, and a new
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§ 145.1012 in subpart F, that would be
similar to § 43.12. Under 49 U.S.C.
44701, the FAA is charged with
promoting aviation safety. The
importance of accurate records and
reports cannot be overstated. In view of
the FAA’s limited resources, ‘‘the
agency, and ultimately the flying public,
depend heavily on the integrity of the
system of self-reports.’’ Twomey v.
National Transp. Safety Bd., 821 F.2d
63, 68 (1st Cir. 1987). Because of the
importance of honest and trustworthy
records and reports to aviation safety,
the FAA believes that any person who
makes or causes to be made an
intentionally false or fraudulent entry in
any record or report the agency needs to
provide proper oversight of repair
stations should be subject to
enforcement action as noted above.
Accordingly, the agency is proposing
suspension or revocation of not only the
repair station certificate, but any
certificate, approval, or authorization
issued by the FAA and held by that
person.
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d. Amendment to or Transfer of
Certificate (Current § 145.57/Proposed
§ 145.1056)
Although the one thousand series
numbers (1xxx) in proposed subparts F
through J generally have the same one
hundred series number (xxx) for each
corresponding regulation section in the
current rule (subparts A through E), the
FAA is proposing to deviate from this
scheme for this section in order to
accommodate two new proposed
sections on operations specifications.
Therefore, the proposed new section on
‘‘Amendment to or transfer of
certificate’’ would be numbered
§ 145.1056, whereas the current section
is numbered § 145.57. The proposed
section captioned ‘‘Operations
specifications’’ would be numbered
§ 145.1057. Also, as written, current
§ 145.57 contains confusing language
that implies a repair station must apply
for a change to its certificate without
reason. The proposed section would
change the confusing language and add
a time limitation for submitting an
application for a certificate amendment,
change in location, or transfer of
certificate.
e. Operations Specifications (Proposed
§ 145.1057)
Currently, part 145, Repair Stations,
introduces the requirement for
operations specifications in § 145.5,
Certificate and operations specification
requirements. Unlike other operating
rules requiring operation specifications,
part 145 does not explain what
operation specifications are or what
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they must contain. Also unlike part 119,
which clearly states in § 119.7 that with
limited exceptions operations
specifications are not a part of the
certificate, some operators and FAA
personnel assume repair station
operations specifications are an
extension of the repair station
certificate, while others do not. The
FAA is proposing to specify how long
operations specifications are valid, what
they must contain, and where they must
be located. The FAA would also clarify
that except for those operation
specifications detailing ratings and
limitations, repair station operations
specifications are not a part of the repair
station certificate.
f. Amending Operations Specifications
(Proposed § 145.1058)
The proposed clarification of
operations specifications in proposed
§ 145.1057, specifying that operations
specifications are not a part of a
certificate, would allow the FAA to
make administrative changes to
operations specifications other than
ratings or limitations (e.g., definitions or
formatting) without having to resort to
certificate action, when appropriate
notice is given to the repair station. This
section would provide procedures to be
followed by both the FAA and repair
stations for initiating changes to the
operations specifications. Additionally,
procedures would be provided for
affected repair stations to petition for
reconsideration of adverse decisions by
the FAA, both in emergency and nonemergency situations.
g. Housing and Facilities (Current
§ 145.103/Proposed § 145.1103)
The FAA is proposing to amend the
rules for housing and facilities to
require that the housing for the
facilities, equipment, materials, and
personnel be both suitable and
permanent. The agency is also
proposing to provide an exception to the
requirement that a repair station with an
airframe rating must be able to enclose
the largest type and model of aircraft on
its operations specifications to facilitate
those with a limitation to the airframe
rating such that the entire aircraft would
not need to be housed to provide
appropriate environmental protection.
As stated previously, this exception
would facilitate repair stations with a
limitation to perform line maintenance
for air carriers. Finally, in addition to
some minor clarifications, the FAA is
proposing to allow a repair station to
use multiple fixed locations if
appropriate criteria are met.
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i. Exception to Housing Requirement
Under current § 145.103(b), 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 without
consideration of the limits of the work
being performed. Even if the work is
limited to a certain part, portion, or
section of the aircraft, a repair station
must be able to house the entire aircraft
if it has an Airframe rating.
To retain the level of safety
established by certification of a repair
station under part 145, but to lessen the
impact to those repair stations
performing line maintenance or other
maintenance not normally associated
with a requirement to have housing to
enclose the entire aircraft, the FAA is
proposing, in § 145.1103(b), to provide
relief from the housing requirement of
§ 145.103(b). The proposed change
would allow a repair station with an
Airframe rating and appropriate
limitations to that rating to perform the
limited airframe maintenance without
having housing to enclose the entire
aircraft. If, as determined by the FAA,
the repair station provides adequate
environmental protection for the work
being performed under the limitation to
its rating, it would not be required to
house the complete aircraft.
This is consistent with the housing
exception for line maintenance found in
§ 145.205(d). The proposed rule permits
an evaluation of the housing
requirements based on limitations to the
Airframe rating. This would allow for
the certification of a repair station with
an Airframe rating, limited to the
performance of maintenance such as
simple daily scheduled checks or some
work limited to aircraft interiors, to not
have housing to enclose the entire
aircraft. Repair stations currently
performing work under a line
maintenance authorization could be
provided appropriate housing relief by
this proposed section if they otherwise
meet the requirements of part 145. This
change would provide clarity and some
relief in not requiring that the entire
airframe be enclosed if the FAA
determines the repair station provides
adequate environmental protection for
the work being performed. This option
would be available only for repair
stations with an Airframe rating with
limitations. If a repair station has an
Airframe rating with no limitations or
limitations allowing work on
substantially an entire airframe, it
would be required to have suitable
permanent housing to enclose the
largest aircraft for which it is rated.
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ii. Permanent Location
Paragraph (a)(1) of § 145.103 requires
each certificated repair station to
provide housing for the facilities,
equipment, materials, and personnel
consistent with its ratings. It has long
been FAA policy that a repair station
must have a permanent fixed location
from which to operate. There have been
occasions where the housing used to
obtain certification was either
relinquished by the certificate holder to
the facility owner, or further sub-leased
for other purposes rendering the repair
station essentially unable to perform the
maintenance for which it was
certificated. The FAA believes it is
necessary to reinforce the need for
repair stations to provide assurance that
work is performed adequately and to the
manufacturer’s standards. This means
protection of workers from unfavorable
environmental conditions so that their
performance and the airworthiness of
the articles they are maintaining are not
adversely affected. Repair stations
would be required to provide suitable
and permanent housing to protect the
articles being maintained from
contamination, foreign object debris, or
conditions that may promote corrosion
or other deteriorating conditions.
Therefore, the FAA proposes to revise
this section to require ‘‘suitable
permanent’’ housing. A requirement for
permanent housing refers not only to
the construction of the facility, but also
to the fact that the certificate holder
must have sole operational control at all
times of the housing it uses to obtain
certification, either by ownership or by
contract. The FAA understands that
repair stations may share the same
hangar or building, and this would still
be allowed under this proposal.
However, these repair stations may not
share the same space in that hangar or
building and each repair station must
have full control of its space at all times.
In addition, it must be clearly defined
as to what space is under the control or
contract of each repair station and this
space must be clearly defined in each
repair station’s manual as required in
proposed § 145.1209(b).
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iii. Multiple Fixed Locations
The FAA is also proposing to add a
new § 145.1103(d) to allow a repair
station to use multiple fixed locations in
performing maintenance, preventive
maintenance, and alterations under its
repair station certificate. Additional
fixed locations are not recognized in the
current rule. This has led to inconsistent
or non-authorization of the use of
additional permanent locations. Repair
stations often find it necessary to use
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locations other than the primary facility
for environmental reasons (such as
noise abatement for an engine overhaul
shop doing test runs). In recognition of
this need, additional fixed locations
could be authorized if:
• The repair station applies for and
receives approval of additional fixed
locations.
• The location is within the
geographic boundaries of the certificate
holding district office.
• The location is permanently affixed
and is under the managerial control and
authority of the repair station certificate.
• The maintenance functions
performed at the additional fixed
locations are in support of and within
the scope of the ratings listed on the
repair station operations specifications.
If a fixed location were located
outside of the geographic boundary of
the FAA office with oversight
responsibilities, the additional fixed
location either would have to be
certificated as a satellite repair station
and meet the requirements of proposed
§ 145.1107, or it would require its own
repair station certificate under the
provisions of proposed § 145.1051 and
§ 145.1053.
iv. Additional Proposed Changes
The FAA is also proposing, in
§ 145.1103(a)(2), to delete the reference
to specialized services currently found
in § 145.103(a)(2). When used in
conjunction with maintenance,
preventive maintenance, and
alterations, the reference to specialized
services is redundant because complete
maintenance of an article includes all
necessary services. Finally, the FAA is
also proposing to include protection of
articles in § 145.1103(a)(2)(iv).
Currently, a repair station’s facility is
required to include sufficient space to
segregate articles and materials stocked
for installation from those undergoing
maintenance or alterations. The FAA is
proposing to change ‘‘segregate articles
* * * ’’ in current § 145.103(a)(2)(iv) to
‘‘segregate and protect articles * * *.’’
in § 145.1103(a)(2)(iv) to be consistent
with the intent not only to segregate but
also to protect articles as stated in
current § 145.103(a)(2)(i) and in
proposed § 145.1103((a)(2)(i) ‘‘for the
proper segregation and protection of
articles during all maintenance,
preventive maintenance, or alterations.’’
It is inconsistent to require articles to be
protected during maintenance but not
require them to be protected in storage
prior to being used in maintenance.
To ensure that the housing and other
environmental protections continue in
force, the FAA is proposing to change
the phrase in the first line of
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§ 145.103(a) from ‘‘repair station must
provide-* * *’’ to ‘‘repair station must
provide and maintain- * * *’’ in
proposed § 145.1103(a).
Finally, a grammatical error currently
exists in § 145.103(a)(2)(ii) that the FAA
would correct in proposed
§ 145.1103(a)(2)(ii) by adding the word
‘‘of’’ near the end of the sentence so that
it reads ‘‘alteration of articles * * *.’’
h. Satellite Repair Stations (Current
§ 145.107/Proposed § 145.1107)
In proposed § 145.1107(a), the FAA
proposes to remove the current
restriction in § 145.107(a)(1) that a
satellite repair station may not hold a
rating not held by the certificated repair
station with managerial control. The
FAA believes that the agency should not
impose these restrictions on satellite
repair stations.
Additionally, the FAA proposes to
require that an applicant for a satellite
repair station submit the same repair
station and quality control system
manuals as the repair station with
managerial control (proposed
§ 145.1107(a)(2)). The satellite repair
station would have to identify any
specific processes or procedures unique
to the satellite repair station in
appendices or sections of the manuals.
The other new paragraphs proposed
in § 145.1107(a) would require a
satellite repair station to:
• Submit the same training program
as the repair station with managerial
control, with processes or procedures
unique to the satellite or managerial
repair station identified (proposed
paragraph (a)(3)).
• Demonstrate compliance with its
manual and any additional manual
sections applicable to the satellite
(proposed paragraph (a)(4)).
• Meet the housing and facility
requirements of proposed § 145.1103
since it is a separately certificated repair
station (proposed paragraph (a)(5)).
• Have its own facility in a location
with a physical address other than the
repair station with managerial control
(proposed paragraph (a)(6)).
Finally, the requirement currently in
§ 145.107(a)(2) that the satellite repair
station meet the requirements for each
rating it holds would be retained in
proposed § 145.1107(a)(1).
i. General (Current § 145.101/Proposed
§ 145.1101)
The FAA proposes to add tools and
test apparatus to the items that a repair
station must provide under proposed
§ 145.1101. Tools and test apparatus are
added for consistency with the
maintenance performance requirements
of § 43.13(a).
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The FAA also proposes to add the
word ‘‘any’’ to near the end of the
sentence so that it reads ‘‘any rating the
repair station holds.’’
j. Equipment, Materials, and Data
Requirements (Current § 145.109/
Proposed 145.1109)
The FAA is proposing to add test
apparatus and data to the list of items
that a repair station would have to have
on the premises and under its control
when it is performing work requiring its
use. This would remove potential
uncertainty surrounding whether a
necessary piece of test apparatus or data
was considered to be ‘‘equipment,’’
‘‘tools,’’ or neither. In addition,
including test apparatus would be
consistent with the requirements in
§ 43.13(a). Accordingly, the FAA is
proposing to revise the section heading
to include test apparatus.
The FAA is also proposing to include
an element of the relief provided in
current § 145.51(b) pertaining to
meeting the equipment requirement by
having a contract with another person to
make the equipment available when the
work it requires is being performed (see
proposed § 145.1109(b)). The issue of
whether all the equipment must be on
site for initial inspection was discussed
above in the context of the agency’s
proposing to delete the contract
provision from the initial certification
requirements in proposed § 145.1051(b).
Although the agency believes it is
important during initial certification to
observe all the necessary equipment,
tools, and apparatus for its placement
on site and to evaluate an applicant’s
ability to use it, the FAA agrees with
previous commenters who voiced
concerns about not having to purchase
expensive, seldom used equipment and
to have it permanently in place when
they could instead obtain it through
contract when needed.
The relief proposed in § 145.1109(b)
would allow a repair station to meet the
equipment, tools, and test apparatus
requirement of proposed § 145.1109(a)
for specialized and rarely used
equipment, tools, and test apparatus if
the repair station demonstrates to the
FAA that it has made arrangements with
another person to make those items
available when their use is required. All
equipment must be in place during the
demonstration and inspection phase of
certification.
Currently, § 145.109(d) lists certain
documents that repair stations must
keep that are necessary for performing
maintenance, preventive maintenance,
or alterations. It requires that the
documents be ‘‘current and accessible
when the relevant work is being done.’’
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A strict reading of the requirement that
these documents be current has created
unnecessary compliance and
enforcement issues. A recent FAA legal
interpretation clarified that ‘‘current’’ in
this context means ‘‘up to date,’’ i.e. the
most recent version (revision) of the
document (e.g. maintenance manual)
issued by the manufacturer. This is a
paperwork requirement only, as the
same interpretation made clear that if a
maintenance provider used a prior
version/revision of a manual in
performing maintenance, there would
be no violation of the maintenance
performance rules unless the FAA could
show that the data used was no longer
acceptable. This is so because of the
flexibility provided in the maintenance
regulations. For example, the
performance standards set forth in
§ 43.13(a) provides that the person
performing maintenance shall use the
current manufacturer’s maintenance
manual or Instructions for Continued
Airworthiness [ICA], ‘‘or other methods,
techniques, and practices acceptable to
the Administrator * * *.’’
Enforcement issues have arisen
because some inspectors have
concluded that the requirement to have
a document be ‘‘current and accessible’’
when work is being done means that the
most up-to-the-minute manual revision
be incorporated into the repair station’s
system even though such immediate
incorporation may not be realistic. This
can be due to a number of real-world
constraints, (e.g., mail delays, revision
publishing and distribution logistics,
and export constraints pertaining to
technical data).
The housekeeping means for assuring
appropriate compliance is contemplated
in the current rule through the repair
station’s quality control system.
Currently, § 145.211(a) requires that
each repair station establish and
maintain a quality control system
acceptable to the FAA that ensures the
airworthiness of the articles being
maintained. Section 145.211(c) provides
that, as part of a repair station’s
acceptable quality control system, the
repair station must keep current a
quality control manual in a format
acceptable to the FAA, and specifies
what that manual must include. Section
145.211(c)(1)(v) provides specifically
that the manual include a description of
the procedures used for ‘‘[e]stablishing
and maintaining current technical data
for maintaining articles.’’
In developing acceptable procedures
for assuring the currency of the
technical data, repair stations typically
work with their local Certificate Holding
District Offices (CHDOs) to tailor
procedures that consider realistic time
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30069
constraints to incorporate manual
revisions and other changes/updates
into their systems. So long as a repair
station and its CHDO have established
and agreed to realistic procedures for
establishing and maintaining current
data, it would be anomalous for an
inspector to threaten enforcement action
citing § 145.109(d) because a
manufacturer had issued a revision that
the repair station had not reasonably, in
following its FAA-accepted quality
control system, incorporated into its
manual system.
In view of these considerations, and
the fact that proposed § 145.1109(a)
would require repair stations to have the
technical data, etc., to perform their
maintenance in accordance with part
43, a specific list of documents such as
that found in current § 145.109(d)
would be redundant and possibly
limiting. Therefore, because proposed
§ 145.1109(a) requires the technical
data, equipment, tools, test apparatus,
and materials required by part 43, we
are deleting subparagraph § 145.109(d)
since it is inclusive in subparagraph
§ 145.1109(a).
k. Supervisory Personnel Requirements
(Current § 145.153/Proposed § 145.1153)
Section 145.153(a) requires
supervisors to oversee the work
performed by any individuals who are
unfamiliar with the methods,
techniques, practices, aids, equipment,
and tools used to perform maintenance.
The FAA is proposing to simplify this
requirement to specify that supervisors
must be present to oversee the work
being performed by the repair station
(see proposed § 145.1153(a).
Section 145.153(b)(1) requires each
supervisor employed by a repair station
located inside the United States to be
certificated under part 65. Supervisors
may supervise only as allowed by the
privileges of the certificate held as
provided in part 65. For example, a
supervisor certificated with only a
Powerplant rating may not supervise
personnel doing airframe maintenance,
as the Powerplant rating does not
provide that privilege.
The FAA is proposing in
§ 145.1153(b)(1) to revise this
requirement to state that the supervisor
be appropriately certificated under part
65 for the work being supervised. Prior
to the 2001 rule change, the language
was clear in § 145.39(d): ‘‘Each person
who is directly in charge of the
maintenance functions of a repair
station must be appropriately
certificated under part 65 * * *’’. The
omission of ‘‘appropriately’’ in 2001
was an oversight that the FAA will
correct by reinserting ‘‘appropriately
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certificated under part 65’’ where such
certification under part 65 is required.
The appropriateness of the certificate is
based in the privilege of the mechanic
or repairman certificate issued under
part 65 subpart D or E. For example, a
supervisor who holds a mechanic
certificate with airframe and powerplant
ratings issued under part 65 would not
be appropriately certificated to
supervise work on instruments. A
supervisor would need to hold a
repairman certificate to supervise work
on instruments. Currently,
§ 145.153(b)(2) contains a different set of
qualifications for a supervisor employed
by a repair station located outside the
United States. For example, a supervisor
in a foreign repair station is not required
to be appropriately certificated under
part 65. To eliminate these two
dissimilar standards, the FAA is
proposing two alternative paths for
supervisor qualification in a repair
station located outside the United
States. The first would require the
supervisor to have the appropriate
certification under part 65; the second
would require the supervisor to meet
the repairman eligibility requirements of
§ 65.101(a)(1)(2)(3) and (5) (see
proposed § 145.1153(b)(2)(i) and (ii)).
Finally, § 145.153(c) requires repair
stations to ensure that each supervisor
understands, reads, and writes English.
The FAA is proposing in § 145.1153(c)
that these supervisors also be able to
speak English. This would help to
confirm that supervisors read and
understand English.
l. Inspection Personnel Requirements
(Current § 145.155/Proposed § 145.1155)
Section 145.155 sets forth the
experience requirements for inspection
personnel. Currently, this section
requires only that inspectors be able to
understand, read, and write English.
The FAA is proposing to add a
requirement to proposed § 145.1155(b)
that inspectors be able to speak English
as well. As stated above, the FAA
believes this would help to confirm that
these inspection personnel read and
understand English.
Section 145.155(a)(2) currently has
the word ‘‘and’’ at the end of the
section. This is an error as there is no
§ 145.155(a)(3). This error would not be
carried over to proposed
§ 145.1155(a)(2) as the subsequent
proposed § 145.1155(b) stands alone.
m. Personnel Authorized To Approve an
Article for Return To Service (Current
§ 145.157/Proposed § 145.1157)
Section 145.157 sets forth the
experience requirements for the person
authorized to approve an article for
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return to service. Section 145.157(a)
requires each person authorized to
approve an article for return to service
employed by a repair station located
inside the United States to be
certificated under part 65. For the
reasons discussed above under
proposed § 145.1153, the FAA is
proposing in § 145.1157(b) that each
person authorized to approve an article
for return to service be appropriately
certificated under part 65. The
appropriateness of the certificate is
based in the privilege of the mechanic
or repairman certificate issued under
part 65 subpart D or E.
Currently, § 145.157(b) contains a
different set of qualifications for a
person authorized to approve an article
for return to service employed by a
repair station located outside the United
States. To harmonize these two
dissimilar standards as much as
possible, the FAA is proposing in
§ 145.1157(c) to require those persons
employed by a repair station located
outside the United States to meet either
the certificate requirements of proposed
§ 145.1157(a) or the eligibility
requirements of § 65.101(a)(1), (2), (3)
and (5).
Section 145.157(c) requires that a
repair station ensure that each person
authorized to approve an article for
return to service understands, reads,
and writes English. For the reasons
discussed above, the FAA is proposing
in § 145.1157(d) that these persons also
be able to speak English.
Finally, the FAA believes the
requirements in current § 145.157 are
set forth in a cumbersome manner.
Therefore, the FAA is proposing to
rearrange these requirements in
proposed § 145.1157.
n. Records of Management, Supervisory,
and Inspection Personnel (Current
§ 145.161/Proposed § 145.1161)
Section 145.161 sets forth the
management, supervisory, and
inspection personnel records that a
repair station must maintain and make
available to the FAA.
Section 145.161(a)(3) requires each
repair station to maintain a roster of
personnel authorized to sign a
maintenance release for approving a
maintained or altered article for return
to service. To be consistent with the use
of the term approval for return to service
in §§ 43.5 and 43.7, and to eliminate
confusion arising from the use of
‘‘maintenance release for approving an
article,’’ the FAA is proposing to change
this requirement to a roster of personnel
authorized to approve for return to
service a maintained or altered article
(see proposed § 145.1161(a)(3)).
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Section 145.161(a)(4) requires each
repair station to maintain a summary of
specified information on the employees
listed in the rosters required by
§§ 145.161(a)(1) through (a)(3). Section
145.161(a)(4)(iii) requires this summary
to include past relevant employment
with names of employers and periods of
employment. The FAA is proposing in
§ 145.1161(a)(4)(iii) to require that past
positions and types of maintenance
performed be included in this format.
This would confirm the relevancy of the
listed past employment.
o. Training Requirements (Current
§ 145.163/Proposed § 145.1163)
Section 145.163 contains the
requirements for a repair station’s
employee training program. The FAA is
proposing in § 145.1163(a) to delete the
implementation date requirements of
§ 145.163(a) as this is no longer
applicable.
The FAA is also proposing that the
training program requirements in
§ 145.163(b) be revised in proposed
§ 145.1163(b). Currently, the training
program must ensure that each
employee assigned to perform
maintenance, preventive maintenance,
or alterations, and inspection functions
is capable of performing the assigned
task. The FAA believes that the current
requirement is too broad and lacks
specific elements. Training in human
factors, federal regulations, and repair
station manuals, procedures, and forms
are minimum subject areas that should
be covered in all training programs
submitted for approval. Therefore, the
FAA is proposing in § 145.1163(b) to
require that the training program ensure
that employees who perform
maintenance, preventive maintenance,
and alterations be (1) capable of
performing the assigned task, (2) trained
in human factors relevant to aviation
maintenance, (3) trained in the Federal
Aviation Regulations as they relate to
Part 145, and (4) trained in the repair
station’s manuals, procedures, and
forms.
The FAA is also proposing clarifying
changes to § 145.163(d) in proposed
§ 145.1163(d) resulting in the removal of
a repetitive ‘‘to its’’.
p. Hazardous Materials Training
(Current § 145.165/Proposed § 145.1165)
Section 145.165 sets forth the
requirements for a repair station’s
employee hazardous materials training
program.
Section 145.165(b) sets forth the job
functions that an employee may not
perform or directly supervise without
having received appropriate hazardous
materials training. Over the years, the
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FAA has found that the phrase ‘‘may
not’’ has not been interpreted as a
complete prohibition of the action to
which it is linked. To correct this
ambiguity, the FAA is proposing in
§ 145.1165(b) to change the phrase ‘‘may
not’’ to ‘‘shall not.’’
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q. Privileges and Limitations of
Certificate (Current § 145.201/Proposed
§ 145.1201)
Section 145.201 sets forth the
privileges and limitations associated
with a repair station certificate.
Section 145.201(a)(2) allows a repair
station to arrange with another person to
perform the work for which the repair
station is rated. It also contains certain
requirements if that person is not
certificated under part 145. The FAA is
proposing in § 145.1201 to clarify that if
a repair station arranges for another
person to perform work for the repair
station it must comply with proposed
§ 145.1217 (Contract Maintenance). This
would clarify the authority of the repair
station to contract maintenance to
another person and the responsibility it
has if it chooses to do so.
The current limitation in § 145.201(b)
providing that a repair station may not
maintain or alter any article for which
it is not rated has caused confusion
concerning the responsibilities of repair
stations and their oversight by the FAA.
Part 145 contains the rules repair
stations must follow when working on
articles to which part 43 applies, yet
§ 145.201(b) is drafted broadly and
would seem to prohibit work on articles
not governed by part 43. Rather than
proposing an amendment that would
explain in the text of the paragraph that
the prohibition applies only to articles
governed by part 43, the FAA proposes
to clarify the issue by combining the
text currently in §§ 145.201(b) and (c)
into proposed § 145.1201(b). This would
provide a single list of when a repair
station may not approve an article for
return to service.
r. Repair Station Manual (Current
§ 145.207/Proposed § 145.1207)
Section 145.207 contains the
requirement for a repair station manual
and sets forth a repair station’s
obligations for making its manual
accessible to its personnel and
providing current copies to its FAA
district office, while Section 145.211
contains the requirement for a quality
control manual. For readability and to
eliminate repetition, the FAA is
proposing in § 145.1207 to address
similar requirements for each manual in
a combined introductory section. The
FAA will also simplify the listing of
manual requirements by removing the
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repeated preliminary term ‘‘A
certificated repair station must * * *’’
currently in each paragraph of
§ 145.207. The FAA also proposes to
add an introductory statement ‘‘A
certificated repair station must:’’. To
recognize the combined introduction,
section 145.1207 is titled Repair Station
and Quality Control Manuals.
s. Repair Station Manual Contents
(Current § 145.209/Proposed § 145.1209)
The content requirements for a repair
station’s manual are currently located in
§ 145.209. Of the 11 listed paragraphs,
seven require listing procedures and
three require descriptions. The FAA is
proposing to consolidate and resequence the requirements in
§ 145.209(b), (c) and (d) and include
updated references in proposed
§ 145.1209. This consolidation would
eliminate repetitive terms (‘‘Procedures
for’’ and ‘‘A description of’’), reduce the
number of paragraphs from eleven to
five, and require a resequencing.
The FAA is also proposing to revise
the text currently in § 145.209(d)(1) in
proposed § 145.1209(d)(1) to add
procedural requirements to the repair
station manual for FAA approval of
capability list changes when selfevaluation is not authorized. Proposed
§ 145.1209(d)(2) would also be revised
to include what would be expected of a
repair station when performing a selfevaluation.
Finally, the FAA is proposing to add
a requirement in § 145.1209(d)(2)(iv)
that repair stations retain
documentation of the self-evaluation for
two years.
t. Quality Control System (Current
§ 145.211/Proposed § 145.1211)
This section would remain essentially
unchanged, with the exception of
adding requirements for suspected
unapproved parts and ensuring
maintenance not completed as a result
of shift change or similar interruption is
properly completed.
u. Inspection of Maintenance,
Preventive Maintenance, or Alterations
(Current § 145.213/Proposed § 145.1213)
Section 145.213(d) states that only an
employee certificated under part 65 is
authorized to sign off on final
inspections and maintenance releases
for the repair stations. The FAA is
proposing to remove this paragraph in
proposed § 145.1213 as it is repetitive
and conflicts with the requirements of
proposed § 145.1157. The FAA is also
proposing to remove the term
‘‘maintenance release’’ from proposed
§ 145.1213 to be consistent with part 43.
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v. Recordkeeping (Current § 145.219/
Proposed § 145.1219)
Section 145.219 sets forth the
recordkeeping requirements for a repair
station. Section 145.219(b) requires a
repair station to provide a copy of the
maintenance release to the owner or
operator of the article on which the
work was performed. To be consistent
with § 43.5 (Approval for return to
service after maintenance, preventive
maintenance, rebuilding, or alteration)
and § 43.7 (Persons authorized to
approve aircraft, airframes, aircraft
engines, propellers, appliances, or
component parts for return to service
after maintenance, preventive
maintenance, rebuilding, or alteration),
the FAA is proposing in § 145.1219 to
replace the term ‘‘maintenance release’’
with ‘‘approval for return to service.’’
w. Consistency Changes in Parts 43 and
91
Based on the above proposals, we are
also proposing changes to the following
sections in parts 43 and 91: Appendix
B of part 43, § 91.171, § 91.319, § 91.327,
§ 91.411, § 91.413, and Appendix A to
Part 91. These sections/appendices
currently reference some element of a
repair station’s operations that would be
changed based on the proposals in this
document. As such, these sections/
appendices would need to be modified
to be consistent with such proposals.
III. 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 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, this 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
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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 the base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this proposed rule.
In conducting these analyses, FAA
has determined that this proposed rule:
(1) Has benefits that justify its costs, (2)
is not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, (3) is
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
would not have a significant economic
impact on a substantial number of small
entities; (5) would not create
unnecessary obstacles to the foreign
commerce of the United States; and (6)
would not impose an unfunded
mandate on state, local, or tribal
governments, or on the private sector by
exceeding the threshold identified
above. These analyses are summarized
as follows.
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Who Is Potentially Affected by This
Proposed Rule
There are 4,105 repair stations in the
United States and 739 repair stations in
64 foreign countries that the FAA has
certificated to work on N-registered
airplanes. For purposes of this analysis,
of those 4,105 repair stations, 1,838 are
defined to be ‘‘small’’ with 10 or fewer
employees, 1,913 are defined to be
‘‘medium-sized’’ with between 11 and
199 employees, and 354 are defined to
be ‘‘large’’ with 200 or more employees.
The FAA also forecasts that 106 repair
stations in the United States will
annually seek to be certified by the
FAA. Finally, although this proposed
rule would also affect existing and
future repair stations in foreign
countries, Executive Order 12866
requires the FAA to analyze the
economic impacts of this proposed rule
only on repair stations located in the
United States.
Total Benefits and Costs of This Rule
The total costs of this proposal would
be relatively small ($14.493 million over
a 10-year period, spread amongst
approximately 5,000 repair stations), but
it is difficult to quantify the benefits. We
believe, however, that the potential
benefits, which derive in part from (1)
Giving the FAA authority to (a) deny a
repair station certificate to an applicant
whose past performance resulted in a
revocation, and (b) revoke all FAAissued certificates held by any person
who makes fraudulent or intentionally
false entries or records; (2) defining
what operations specifications are and
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providing a well-defined process for
both industry and the FAA to amend
them; and (3) updating the ratings
system, justify the costs of the proposed
rule.
The current rule provides that, with
certain unrelated restrictions, an
applicant who meets the requirements
of the rule is entitled to a repair station
certificate regardless of a past regulatory
non-compliance history, no matter how
egregious. Currently an applicant, based
on a successful showing of meeting the
minimum requirements for a certificate
(e.g., the personnel, housing, facilities,
equipment, materials, and data) is
entitled to a certificate regardless of past
negative performance, such as multiple
rule violations or having a certificate
revoked. This entitlement provides no
latitude to the FAA. Based on a fatal
accident that likely would not have
occurred if the FAA had a mechanism
in place to deny a certificate to a ‘‘bad
actor,’’ the National Transportation
Safety Board (NTSB) identified this
entitlement as a potential safety issue,
and the FAA agrees.
The FAA is aware of instances where
persons whose repair station certificates
were revoked continued to operate by
obtaining new repair station certificates
shortly after the revocation process. In
one of these situations, a key
management official with decisionmaking authority (chief inspector) from
a repair station that lost its certificate for
serious maintenance-related violations
applied for and received a new repair
station certificate. That individual also
became the chief inspector at the newlycertificated repair station. While under
the chief inspector’s direction,
employees of the newly-certificated
station performed improper
maintenance on a number of propellers,
one of which came apart in flight
causing a fatal accident.
As a result of this accident, the
National Transportation Safety Board
(NTSB), in a Safety Recommendation
dated February 9, 2004 (A–04–01 and
A–04–02), expressed concern that the
FAA did not have a mechanism for
preventing individuals who were
associated with a previously revoked
repair station, such as the owner
described above, from continuing to
operate through a new repair station.
The NTSB noted that the FAA has such
a mechanism in place for air carriers
and other commercial operators. Section
119.39(b) allows the FAA to deny an
application for a Part 121 or 135 air
carrier or operating certificate. This can
occur if the applicant previously held a
certificate that was revoked or if a
person who exercised control over (or
held a key management position in) a
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previously revoked operator will be
exercising control over (or hold a key
management position in) the new
operator.
With total present-value costs over a
ten year period of $13.045 million, this
rule would be cost-beneficial if it
prevents at least three fatalities over 10
years. This benefit could accrue from
preventing one or more fatal accidents
during the ten-year period, depending
on the number of persons who would
have been on board. The FAA believes
that one or more such accidents are
likely to occur during that period and
this rule is necessary to prevent them.
If this proposed provision had been in
place prior to the accident described
above, the FAA would have denied the
repair station certificate application,
and the faulty propeller maintenance
would not have occurred—thus, neither
would the accident.
In concurrence with an NTSB
recommendation, the proposed rule
would change this entitlement to an
eligibility that will provide the FAA the
ability to deny a certificate application
based on enforcement history, as is
currently the case with air carrier
applicants. Also, a repair station
certificate is effective until surrendered,
suspended, or revoked. A repair station
under investigation could potentially
surrender a certificate to terminate an
ongoing investigation resulting in a lack
of enforcement history. The NTSB
recommended, and the FAA agrees, that
a repair station should not be able to
force the FAA to terminate an
investigation by surrendering a
certificate which would result in a lack
of enforcement history. This history
would be important evidence to support
the agency’s denying a certificate under
the previously described circumstances.
In concurrence with the NTSB
recommendation, the proposed rule
would specify that a certificate
surrender is not valid until the FAA
accepts the certificate. The costs of
being able to deny certification to an
applicant with a history of noncompliance is minimal, but the benefits
are the potential avoidance of accidents,
thereby increasing the safety of the
flying public.
We also believe the current ratings
system, which dates to the 1930’s and
1940’s, does not adequately address the
way current aircraft are constructed and
maintained. The current ratings system
hampers the FAA’s ability to
appropriately rate repair stations, and it
impedes repair stations’ ability to
accurately describe the work they
perform. The repair station community
and the FAA have struggled, and
continue to struggle, with the
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application of current technology and
business practices in an antiquated rule.
The proposed rule would accommodate
current technologies and provide
regulatory flexibility to accommodate
future technological development. This
would benefit the repair station
community by applying modern,
consistent, unambiguous terminology
throughout the regulated industry.
The proposed rule would also allow
a repair station the option of either
maintaining its current procedures in
applying for a rating or providing the
FAA with a capabilities list stating the
products on which it can work. In
recent years, some repair stations have
preferred to develop a capabilities list,
which can more efficiently be used to
obtain FAA approvals for expanding
product work. Repair stations would be
allowed to use a capabilities list so long
as the list follows the FAA format that
would be developed. This format
consistency would allow the FAA to
more efficiently know exactly which
repair stations are performing specific
repairs. The FAA is unable to estimate
this potential efficiency savings and
requests data from the public on these
benefits.
The proposed rule would also allow
a repair station the option of either
maintaining its current procedures in
applying for a rating or to supply the
FAA with a capabilities list stating the
products on which it can work. In
recent years, some repair stations have
preferred to develop a capabilities list,
which can more efficiently be used to
obtain FAA approvals for expanding
product work. Repair stations would be
allowed to use a capabilities list so long
as the list follows the FAA format that
would be developed. This format
consistency would allow the FAA to
more efficiently know exactly which
repair stations are performing specific
repairs. The FAA is unable to estimate
this potential efficiency savings and
requests data from the public.
As seen in Table 1, during the 2011–
2020 period of this analysis, the
proposed rule would impose
compliance costs of $14.493 million on
existing and future repair stations,
which have a present value of $13.045
million using a 7 percent discount rate
and a present value of $13.836 million
using a 3 percent discount rate.
TABLE 1—TOTAL AND PRESENT VALUE COMPLIANCE COSTS BY US REPAIR STATION SIZE
[2011–2020]
[Millions of 2010 dollars]
Compliance costs
Repair station size
(Number of employees)
Number of
repair stations
Present value
Total
7 Percent
3 Percent
Small (1–10) ....................................................................................................
Medium (11–199) .............................................................................................
Large (200+) ....................................................................................................
1,838
1,913
354
$1.949
5.226
7.318
$1.738
4.699
6.608
$1.852
4.987
6.997
Total ..........................................................................................................
4,105
14.493
13.045
13.836
As seen in Table 2, the FAA estimates
that the average one-time compliance
cost would be $1,146 for a small repair
station, $2,848 for a medium-sized
repair station, and $21,474 for a large
repair station.
Consequently, in light of the propeller
accident and the NTSB recommendation
based on it, the FAA believes that the
proposed rule’s potential benefits would
be greater than its potential compliance
costs if it prevented an accident with at
least three fatalities during the next ten
years.
TABLE 2—AVERAGE ONE-TIME COMPLIANCE COSTS FOR A REPAIR STACost Assumptions and Sources of
TION BY REPAIR STATION SIZE
Information
[2011–2020]
Repair station size
Small .........................................
Medium .....................................
Large .........................................
• Discount rates—7% and 3%.
• Period of analysis—2011–2020.
$1,146
• Monetary values expressed in 2010
2,848
21,474 dollars.
Costs of This Rulemaking
The proposed rule would impose
compliance costs on repair stations to
1. Apply for a rating; and
2. Revise their manuals.
As seen in Table 3, the estimated total
compliance costs of the proposed repair
station manual revision ($12.869
million) would be approximately 88
percent of the total compliance costs.
One-time
TABLE 3—SUMMARY OF TOTAL AND PRESENT VALUES OF THE COMPLIANCE COSTS BY PROVISION AND BY REPAIR
STATION SIZE
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[2011–2020]
[Millions of 2010 dollars]
Compliance costs
Provision
Present value
Total
Rating System Application ...........................................................................................................
Repair Station Manual Revision ..................................................................................................
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7 Percent
$1.624
12.869
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$1.412
11.633
3 Percent
$1.524
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TABLE 3—SUMMARY OF TOTAL AND PRESENT VALUES OF THE COMPLIANCE COSTS BY PROVISION AND BY REPAIR
STATION SIZE—Continued
[2011–2020]
[Millions of 2010 dollars]
Compliance costs
Provision
Present value
Total
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Total ......................................................................................................................................
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.
The FAA believes that this proposed
rule would not have a significant impact
on a substantial number of small entities
for the following reason:
The Small Business Administration
classifies ‘‘small’’ entities based on
either employment or annual revenue.
For this proposed rule, a small entity is
defined as ‘‘Other Support Activities for
Air Transportation’’ (North American
Industrial Classification System 488190)
with revenues of $7 million or less.
Revenue data compiled by Dun and
Bradstreet indicates that of the repair
stations for which data are available,
2,354 repair stations have revenues of
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$7 million or less and that the average
revenue per small entity is $1,272,500.
The initial compliance cost to a small
repair station would average about
$4,000. This cost would be less than one
percent of the average annual revenue
and less than two percent of the annual
revenue for firms that earn more than
$200,000.
Therefore, the FAA certifies that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
The FAA solicits comments regarding
this determination.
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
$143.1 million in lieu of $100 million.
This proposed rule does not contain
such a mandate; therefore, the
requirements of Title II of the Act do not
apply.
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
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7 Percent
14.493
13.045
3 Percent
13.836
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this proposed rule
and determined that it would ensure the
safety of the American public and does
not exclude foreign repair stations that
meet this objective. As a result, this rule
is not considered as creating an
unnecessary obstacle to foreign
commerce.
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.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), 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
Office of Management and Budget
(OMB) control number.
This proposal contains a revision of a
currently approved collection (OMB–
2120–0682) subject to review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)). The
title, description, and number of
respondents, frequency of the
collection, and estimate of the annual
total reporting and recordkeeping
burden are shown below:
Title: Repair Stations (14 CFR part
145).
Summary: Part 145 describes how to
obtain a repair station certificate. The
part also contains the rules a certificated
repair station must follow related to its
performance of maintenance, preventive
maintenance, or alterations of an
aircraft, airframe, aircraft engine,
propeller, appliance, or component part
to which part 43 applies. It also applies
to any person who holds or is required
to hold a repair station certificate issued
under this part.
Use: Specifically, the information is
required from applicants who wish
repair station certification. Applicants
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must submit the required data to the
appropriate FAA District Office for
review and acceptance/approval. If the
information is satisfactory, an onsite
inspection is conducted. When all Part
145 requirements are met an air agency
certificate and repair station operations
specifications with appropriate ratings
and limitations is issued.
Part 145 is being updated and revised.
The action is necessary because many
portions of the current regulations do
not reflect current repair station
business practices, aircraft maintenance
practices, or advances in aircraft
technology.
Respondents: There are 3,704 repair
stations.
Frequency: The FAA expects this to
be a one-time burden on the affected
public.
Annual Burden Estimate:
• Estimated average burden per
employee: $31 for a One-Time
Collection.
• Estimated Annual Burden Hours: 0
Hours.
• Estimated Annual Burden Costs: $0.
The agency is soliciting comments to:
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of collecting
information on those who are to
respond, including by using
appropriate, automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Individuals and organizations may
send comments on the information
collection requirement to the address
listed in the ADDRESSES section at the
beginning of this preamble by August
20, 2012. Comments also should be
submitted to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive
Building, Room 10202, 725 17th Street
NW., Washington, DC 20053.
IV. International Compatibility
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
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that correspond to these proposed
regulations.
Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
would not have federalism implications.
B. Executive Order 13211, Regulations
that Significantly Affect Energy Supply,
Distribution, or Use
The FAA has analyzed this NPRM
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We
have 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.
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.
Additional Information
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
please send only one copy of written
comments, or if you are filing comments
electronically, please submit your
comments only one time.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
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30075
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
Proprietary or Confidential Business
Information
Do not file in the docket information
that you consider to be proprietary or
confidential business information. Send
or deliver this information directly to
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
document. You must mark the
information that you consider
proprietary or confidential. If you send
the information on a disk or CD–ROM,
mark the outside of the disk or CD–ROM
and also identify electronically within
the disk or CD–ROM the specific
information that is proprietary or
confidential.
Under 14 CFR 11.35(b), when we are
aware of proprietary information filed
with a comment, we do not place it in
the docket. We hold it in a separate file
to which the public does not have
access, and we place a note in the
docket that we have received it. If we
receive a request to examine or copy
this information, we treat it as any other
request under the Freedom of
Information Act (5 U.S.C. 552). We
process such a request under the DOT
procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy of
rulemaking documents using the
Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
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.gpo.gov/fdsys/.
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 docket number or notice
number of this rulemaking.
You may access all documents the
FAA considered in developing this
proposed rule, including economic
analyses and technical reports, from the
internet through the Federal
eRulemaking Portal referenced in
paragraph (1).
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indicated bearing error is plus or minus
4 degrees); or
*
*
*
*
*
5. Amend § 91.319 by revising
paragraph (g)(1) to read as follows:
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety.
List of Subjects in 14 CFR Part 91
Aircraft, Airmen, Aviation safety,
Reporting and recordkeeping
requirements.
§ 91.319 Aircraft having experimental
certificates: Operating limitations.
List of Subjects in 14 CFR Part 145
*
Air carriers, Air transportation,
Aircraft, Aviation safety, Recordkeeping
and reporting, Safety.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend Chapter I of Title 14,
Code of Federal Regulations, as follows:
PART 43—MAINTENANCE,
PREVENTIVE MAINTENANCE,
REBUILDING, AND ALTERATION
§ 91.327 Aircraft having a special
airworthiness certificate in the light-sport
category: Operating limitations.
*
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.
2. Amend Appendix B by revising
paragraph (b)(3) to read as follows:
Appendix B to Part 43—Recording of
Major Repairs and Major Alterations
*
*
*
*
*
(b) * * *
(3) Give the aircraft owner an approval for
return to service signed by an authorized
representative of the repair station and
incorporating the following information:
*
*
*
*
*
PART 91—GENERAL OPERATING AND
FLIGHT RULES
3. The authority citation for part 91
continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103,
40113, 40120, 44101, 44111, 44701, 44704,
44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506–
46507, 47122, 47508, 47528–47531, articles
12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180).
4. Amend § 91.171 by revising
paragraph (b)(1) to read as follows:
§ 91.171 VOR equipment check for IFR
operations.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
*
*
*
*
*
(b) * * *
(1) Use, at the airport of intended
departure, an FAA-operated or
approved test signal or a test signal
radiated by an appropriately rated repair
station or, outside the United States, a
test signal operated or approved by an
appropriate authority to check the VOR
equipment (the maximum permissible
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*
*
*
*
(g) * * *
(1) Been inspected by an
appropriately certificated person in
accordance with the operating
limitations issued as part of the
airworthiness certificate for that aircraft;
or
*
*
*
*
*
6. Amend § 91.327 by revising
paragraphs (b)(1) and (2) and (c)(1) to
read as follows:
*
*
*
*
(b) * * *
(1) The aircraft is maintained by an
appropriately certificated person in
accordance with the applicable
provisions of part 43 of this chapter;
(2) A condition inspection is
performed once every 12 calendar
months by an appropriately certificated
person in accordance with the operating
limitations issued as part of the
airworthiness certificate for that aircraft;
*
*
*
*
*
(c) * * *
(1) Been inspected by an
appropriately certificated person in
accordance with the operating
limitations issued as part of the
airworthiness certificate for that aircraft
and been approved for return to service
in accordance with part 43 of this
chapter; or
*
*
*
*
*
7. Amend § 91.409 by revising
paragraph (d)(1) to read as follows:
§ 91.409
Inspections.
*
*
*
*
*
(d) * * *
(1) An appropriately certificated
person or the manufacturer of the
aircraft to supervise or conduct the
progressive inspection.
*
*
*
*
*
8. Amend § 91.411 by revising
paragraph (b)(2) to read as follows:
§ 91.411 Altimeter system and altitude
reporting equipment tests and inspections.
*
*
*
*
*
(b) * * *
(2) An appropriately certificated
person.
*
*
*
*
*
9. Amend § 91.413 by revising
paragraph (c)(1) to read as follows:
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§ 91.413 ATC transponder tests and
inspections.
*
*
*
*
*
(c) * * *
(1) An appropriately certificated
person.
*
*
*
*
*
10. Amend Appendix A to part 91.413
by revising paragraph (b)(1) in section 4
as follows:
Appendix A to Part 91—Category II
Operations: Manual, Instruments,
Equipment, and Maintenance
*
*
*
*
*
4. Maintenance program
*
*
*
*
*
(b) * * *
(1) It must be performed by an
appropriately certificated person.
*
*
*
*
*
PART 145—REPAIR STATIONS
11. The authority citation for part 145
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44707, 44709, 44717.
12. Revise § 145.1 to read as follows:
§ 145.1
Applicability.
Subparts A through E of this part:
(a) Expire and are reserved on [the
date 24 months after the effective date
of the rule].
(b) Apply to repair stations
certificated prior to [the effective date of
the rule] until such time as those repair
stations apply for and are certificated
under subparts F through J of this part,
or [the date 24 months after the effective
date of the rule] whichever occurs first.
(c) Contain the rules a repair station
certificated prior to [the effective date of
the rule] must follow related to its
performance of maintenance, preventive
maintenance, or alterations of an
aircraft, airframe, aircraft engine,
propeller, appliance, or component part
to which part 43 of this chapter applies,
until such time as those repair stations
must comply with subparts F through J
of this part. It also applies to any person
who holds out as an FAA-certified
repair station certificate issued under
this part.
13. Amend § 145.3 by revising the
introductory text to read as follows:
§ 145.3
Definition of terms.
For the purposes of subparts A
through E, the following definitions
apply:
*
*
*
*
*
14. Section 145.12 is added to subpart
A to read as follows:
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§ 145.12 Repair station records:
Falsification, reproduction, or alteration.
(a) No person may make or cause to
be made:
(1) Any fraudulent or intentionally
false entry in any record or report
(including any application for a repair
station certificate or rating) that is
required to be made, kept, or used to
show compliance with any requirement
under this part;
(2) Any reproduction, for fraudulent
purpose, of any record or report
(including any application for a repair
station certificate or rating) under this
part; or
(3) Any alteration, for fraudulent
purpose, of any record or report
(including any application for a repair
station certificate or rating) under this
part.
(b) The commission by any person of
an act prohibited under paragraph (a) of
this section is a basis for suspending or
revoking the repair station certificate
and any certificate, approval, or
authorization issued by the FAA held by
that person.
15. Amend § 145.51 by revising
paragraphs (a) and (d) to read as follows:
§ 145.51
Application for certificate.
(a) An application for a repair station
certificate and rating must be made in
accordance with § 145.1051.
*
*
*
*
*
(d) An application for an additional
rating or amended repair station
certificate must be made in accordance
with § 145.1051.
16. Amend § 145.53 by revising
paragraph (a) to read as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 145.53
Issue of certificate.
(a) Except as provided in paragraph
(b), (c), or (d) of this section, a person
who meets the requirements of subparts
A through E of this part is entitled to a
repair station certificate with
appropriate ratings prescribing such
operations specifications and
limitations as are necessary in the
interest of safety, until [the date 24
months after the effective date of the
rule] at which time any certificate
issued under the requirements of
subparts A through E of this part is no
longer valid.
*
*
*
*
*
17. Amend § 145.55 by revising
paragraphs (a), (b) and (c)(1) to read as
follows:
§ 145.55 Duration and renewal of
certificate.
(a) A certificate or rating issued to a
repair station located in the United
States, is effective from the date of issue
until the repair station surrenders it or
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the FAA suspends or revokes it, or [the
date 24 months after the effective date
of the rule] whichever occurs first.
(b) A certificate or rating issued to a
repair station located outside the United
States is effective from the date of issue
until the last day of the 12th month after
the date of issue unless the repair
station surrenders the certificate or the
FAA suspends or revokes it, but no
longer than [the date 24 months after the
effective date of the rule]. The FAA may
renew the certificate or rating for 24
months, but not beyond [the date 24
months after the effective date of the
rule] if the repair station has operated in
compliance with the applicable
requirements of part 145 within the
preceding certificate duration period.
(c) * * *
(1) Submit its request for renewal no
later than 30 days before the repair
station’s current certificate expires. If a
request for renewal is not made within
this period, the repair station must
follow the application procedures in
§ 145.1051.
*
*
*
*
*
18. Amend § 145.57 by revising
paragraphs (a) introductory text and (b)
to read as follows:
§ 145.57 Amendment to or transfer of
certificate.
(a) The holder of a repair station
certificate must apply for any voluntary
change to its certificate in accordance
with § 145.1051. A change to the
certificate must include certification in
compliance with § 145.53(c) or (d), if
not previously submitted. A certificate
change is necessary if the certificate
holder—
*
*
*
*
*
(b) If the holder of a repair station
certificate sells or transfers its assets, the
new owner must apply for certification
in accordance with § 145.1051.
19. Amend § 145.105 by revising
paragraph (a) to read as follows:
§ 145.105
facilities.
Change of location, housing, or
(a) A certificated repair station that
makes any changes to its housing or
facilities required by § 145.103 that
could have a significant effect on its
ability to perform the maintenance,
preventive maintenance, or alterations
under its repair station certificate and
operations specifications must comply
with § 145.1051.
*
*
*
*
*
20. Amend part 145 by adding new
subpart F to read as follows:
Subpart F—General
145.1001 Applicability.
145.1003 Definition of terms.
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30077
145.1005 Certificate and operations
specifications requirements.
145.1012 Repair station records:
Falsification, reproduction, or alteration.
Subpart F—General
§ 145.1001
Applicability.
Subparts F through J of this part:
(a) Describe how to obtain a repair
station certificate after [effective date of
rule].
(b) Contain the rules a repair station
receiving a certificate must follow
related to its performance of
maintenance, preventive maintenance,
and alterations of civil aircraft,
airframes, aircraft engines, propellers,
appliances, or component parts to
which part 43 of this chapter applies.
(c) Apply to any person who holds
out as an FAA-certificated repair
station.
§ 145.1003
Definition of terms.
For the purposes of subparts F
through J of this part, the following
definitions apply:
(a) Accountable manager means the
person designated by the certificated
repair station who is responsible for and
has the authority over all repair station
operations that are conducted under
part 145, including ensuring that repair
station personnel follow the regulations,
and serves as the primary contact with
the FAA.
(b) Article means an aircraft, airframe,
aircraft engine, propeller, appliance, or
component part.
(c) Avionics are articles generally
associated with the processing of digital
electrical signals. Examples include:
radios, navigation equipment, radar,
data processors, and cathode ray tubes.
(d) Directly in charge means having
the responsibility for the work of a
certificated repair station that performs
maintenance, preventive maintenance,
alterations, or other functions affecting
aircraft airworthiness. A person directly
in charge does not need to physically
observe and direct each worker
constantly but must be readily available
for consultation on matters requiring
instruction or decision from higher
authority.
(e) Line maintenance means
maintenance performed 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, which is
generally performed at the ramp,
parking area, or gate, and typically will
not exceed 24 continuous hours per
aircraft.
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§ 145.1005 Certificate and operations
specifications requirements.
(a) No person may operate as a
certificated repair station without, or in
violation of, a repair station certificate,
rating, or operations specifications
issued under this part.
(b) The certificate and operations
specifications issued to a certificated
repair station must be available on the
premises for inspection by the public
and the FAA.
§ 145.1012 Repair station records:
Falsification, reproduction, or alteration.
(a) No person may make or cause to
be made:
(1) Any fraudulent or intentionally
false entry in any record or report
(including any application for a repair
station certificate or rating) that is
required to be made, kept, or used to
show compliance with any requirement
under this part;
(2) Any reproduction, for fraudulent
purpose, of any record or report
(including any application for a repair
station certificate or rating) under this
part; or
(3) Any alteration, for fraudulent
purpose, of any record or report
(including any application for a repair
station certificate or rating) under this
part.
(b) The commission by any person of
an act prohibited under paragraph (a) of
this section is a basis for suspending or
revoking the repair station certificate
and any certificate, approval, or
authorization issued by the FAA held by
that person.
21. Amend part 145 by adding new
subpart G to read as follows:
Subpart G—Certification
145.1051 Application for certificate.
145.1053 Issue of certificate.
145.1055 Duration and renewal of
certificate.
145.1056 Amendment to or transfer of
certificate.
145.1057 Operations specifications.
145.1058 Amending operations
specifications.
145.1059 Ratings.
145.1061 Limitations to ratings.
Subpart G—Certification
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 145.1051
Application for certificate.
(a) An application for a repair station
certificate and rating must be made in
a format acceptable to the FAA and
must include the following:
(1) For initial applicants, a letter of
compliance detailing how the applicant
will comply with all sections of this
part.
(2) A repair station manual acceptable
to the FAA as required by § 145.1207;
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(3) A quality control manual
acceptable to the FAA as required by
§ 145.1207 (the repair station and
quality control manuals may be
contained in the same document if they
are clearly identified);
(4) A list that includes each product
or article for which the application is
made, as defined in the rating system
identified in § 145.1059.
(5) An organizational chart of the
repair station with the names and titles
of managing and supervisory personnel;
(6) The physical address and a
description of all the repair station
housing and facilities, including any
additional fixed locations requested for
approval in accordance with
§ 145.1103(d).
(7) A list of the maintenance
functions, for approval by the FAA, to
be performed for the repair station
under contract by another person under
the provisions of § 145.1217; and
(8) A description of the training
program for approval by the FAA in
accordance with § 145.1163.
(b) The technical data, housing,
facilities, equipment, tools, test
apparatus, materials, and personnel
required for the certificate and rating, or
for an additional rating, must be in
place for inspection at the time of
certification or rating approval by the
FAA.
(c) In addition to meeting the other
applicable requirements for a repair
station certificate and rating, an
applicant for a repair station certificate
and rating located outside the United
States must meet the following
requirements:
(1) The applicant must show that the
repair station certificate and/or rating is
necessary for maintaining or altering the
following:
(i) U.S.-registered aircraft or articles
for use on U.S.-registered aircraft, or
(ii) Foreign-registered aircraft
operated under the provisions of part
121 or part 135 of this chapter, or
articles for use on those aircraft.
(2) The applicant must show that the
fee prescribed by the FAA has been
paid.
(d) An application for an additional
rating, amended repair station
certificate, or renewal of a repair station
certificate must be made in a format
acceptable to the FAA. The application
should include only that information
necessary to substantiate the change or
renewal of the certificate.
(e) An application for a repair station
certificate may be denied if the FAA
finds that:
(1) The applicant holds a repair
station certificate in the process of being
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Fmt 4701
Sfmt 4702
revoked, or previously held a repair
station certificate that was revoked;
(2) The applicant intends to fill or fills
a management position with an
individual who exercised control over
or who held the same or a similar
position with a certificate holder whose
repair station certificate was revoked, or
is in the process of being revoked, and
that individual materially contributed to
the circumstances causing the
revocation or causing the revocation
process;
(3) An individual who will hold a
management position previously held a
management position with a certificate
holder whose repair station certificate
was revoked, or is in the process of
being revoked, and the individual
materially contributed to the
circumstances causing the revocation or
causing the revocation process; or
(4) An individual who will have
control over or substantial ownership
interest in the applicant had the same or
similar control or interest in a certificate
holder whose repair station certificate
was revoked, or is in the process of
being revoked, and that individual
materially contributed to the
circumstances causing the revocation or
causing the revocation process.
§ 145.1053
Issue of certificate.
(a) A person who meets the
requirements of this part is eligible to be
issued a repair station certificate with
appropriate ratings prescribing such
operations specifications and
limitations as are necessary in the
interest of safety.
(b) If the person is located in a
country with which the United States
has a bilateral aviation safety agreement,
the FAA may find that the person meets
the requirements of this part based on
a certification from the civil aviation
authority of that country or an authority
acceptable to the FAA. This certification
must be made in accordance with
implementation procedures signed by
the FAA or the FAA’s designee.
(c) Before an air agency certificate can
be issued for a repair station that is
located within the United States, the
applicant shall certify in writing that all
hazmat employees (as defined in 49 CFR
171.8) for the repair station, its
contractors, or subcontractors are
trained as required in 49 CFR part 172,
subpart H.
(d) Before an air agency certificate can
be issued for a repair station located
outside the United States, the applicant
shall certify in writing that all
employees for the repair station, its
contractors, or subcontractors
performing a job function concerning
the transport of dangerous goods
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(hazardous material) are trained as
outlined in the most current edition of
the International Civil Aviation
Organization Technical Instructions for
the Safe Transport of Dangerous Goods
by Air.
§ 145.1055 Duration and renewal of
certificate.
(a) A certificate or rating issued to a
repair station located in the United
States is effective from the date of issue
until the repair station surrenders the
certificate and the FAA accepts it for
cancellation, or the FAA suspends or
revokes it.
(b) A certificate or rating issued to a
repair station located outside the United
States is effective from the date of issue
until the last day of the 12th month after
the date of issue unless the repair
station surrenders the certificate and the
FAA accepts it for cancellation, or the
FAA suspends or revokes it. The FAA
may renew the certificate or rating for
24 months if the repair station has
operated in compliance with the
applicable requirements of part 145
within the preceding certificate duration
period.
(c) A certificated repair station located
outside the United States that applies
for a renewal of its repair station
certificate must—
(1) Submit its request for renewal no
later than 30 days before the repair
station’s current certificate expires. If a
request for renewal is not made within
this period, the repair station must
follow the application procedures in
§ 145.1051;
(2) Send its request for renewal to the
FAA office that has jurisdiction over the
certificated repair station; and
(3) Show that the fee prescribed by
the FAA has been paid.
(d) The holder of an expired,
surrendered, suspended, or revoked
certificate must return it to the FAA.
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§ 145.1056 Amendment to or transfer of
certificate.
(a) An application to amend a repair
station certificate must be made to the
certificate-holding district office in a
form and manner acceptable to the FAA.
The request must meet the certification
requirements of § 145.1051(d) and the
statement required by § 145.1053(c) or
(d) must be included, if not previously
submitted.
(b) The certificate holder must file the
application made under paragraph (a) of
this section with the certificate holding
district office at least 15 days before the
date proposed by the applicant for the
amendment to become effective, unless
the FAA accepts filing within a shorter
period.
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(c) A certificate amendment is
necessary if the certificate holder
changes the location of the repair station
or requests to add or amend a rating.
(d) If the holder of a repair station
certificate sells or transfers its assets, the
new owner must apply for an amended
certificate in accordance with
§ 145.1051.
§ 145.1057
Operations specifications.
(a) Except for operations
specifications paragraphs specifying
ratings and limitations to those ratings,
operations specifications are not part of
a certificate.
(b) Operations specifications issued
under this part are effective as long as
the repair station certificate is valid.
(c) The operations specifications
issued to a repair station must be
available at the repair station for
inspection by the public and the FAA at
the address required by paragraph (d)(1)
of this section.
(d) Each certificate holder’s
operations specifications must
contain—
(1) The physical address of the
certificate holder’s fixed location for
operation of the repair station. The
address shall also serve as the address
for mailed paper correspondence
between the FAA and the certificate
holder;
(2) The ratings held and any
limitations to those ratings;
(3) Any special authorizations and
limitations for the conduct of repair
station operations;
(4) Any exemption granted by the
FAA to the repair station; and
(5) Any other information the FAA
determines is necessary.
(e) If the optional capability list
provided for in § 145.1215 is not used,
each certificate holder’s operations
specifications must, within the rating
categories authorized under § 145.1059,
identify each airframe, powerplant, or
propeller by manufacturer, model, and
series as applicable. For a Component
rating, the operations specifications
must identify each component or
appliance included in the rating by
manufacturer, manufacturer-designated
nomenclature, and basic part number.
For a Specialized Service rating, the
operations specifications must identify
each specific and unique maintenance
function and the FAA acceptable
specification associated with each
function.
§ 145.1058 Amending operations
specifications.
(a) The FAA may amend any
operations specifications issued under
this part if—
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(1) The operations specification was
issued erroneously;
(2) The FAA revises the operations
specifications template;
(3) The FAA determines that safety in
air commerce and the public interest
require the amendment; or
(4) The certificate holder applies for
the amendment and the FAA
determines that safety in air commerce
and the public interest allows the
amendment.
(b) Except for an amendment
involving a rating or a limitation to a
rating, which would be considered a
certificate action, and except as
provided in paragraph (e) of this section
for other amendments in which the
certificate-holding district office finds
that an emergency exists requiring
immediate action, when the FAA
initiates an amendment to a certificate
holder’s operations specifications, the
following procedure applies:
(1) The certificate-holding district
office notifies the certificate holder in
writing of the proposed amendment.
(2) The certificate-holding district
office sets a reasonable period (but not
less than 7 days) within which the
certificate holder may submit written
information, views, and arguments on
the amendment.
(3) After considering the material
presented, the certificate-holding
district office notifies the certificate
holder of—
(i) The adoption of the proposed
amendment;
(ii) The partial adoption of the
proposed amendment; or
(iii) The withdrawal of the proposed
amendment.
(4) If the certificate-holding district
office issues an amendment to the
operations specifications, it becomes
effective not less than 30 days after the
certificate holder receives notice of it
unless—
(i) The certificate-holding district
office finds under paragraph (e) of this
section that an emergency exists
requiring immediate action with respect
to safety in air commerce; or
(ii) The certificate holder petitions for
reconsideration of the amendment
under paragraph (d) of this section.
(c) If the certificate holder applies for
an amendment to its operations
specifications, the following procedure
applies:
(1) The certificate holder must file an
application to amend its operations
specifications at least 15 days before the
date proposed by the applicant for the
amendment to become effective;
(2) The application must be submitted
to the certificate-holding district office
in a form and manner prescribed by the
FAA.
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(3) After considering the material
presented, the certificate-holding
district office notifies the certificate
holder of—
(i) The adoption of the applied-for
amendment;
(ii) The partial adoption of the
applied-for amendment; or
(iii) The denial of the applied-for
amendment. The certificate holder may
petition for reconsideration of a denial
under paragraph (d) of this section.
(4) If the certificate-holding district
office approves the amendment
following coordination with the
certificate holder regarding its
implementation, the amendment is
effective on the date the FAA approves
it.
(d) When a certificate holder seeks
reconsideration of a decision from the
certificate-holding district office
concerning the amendment of
operations specifications, the following
procedure applies:
(1) The certificate holder must
petition for reconsideration of that
decision within 30 days of the date that
the certificate holder receives a notice of
denial of the amendment to its
operations specifications, or of the date
it receives notice of an FAA-initiated
amendment to its operations
specifications, whichever circumstance
applies.
(2) The certificate holder must
address its petition to the applicable
Flight Standards Regional Division
Manager.
(3) A petition for reconsideration, if
filed within the 30-day period, suspends
the effectiveness of any amendment
issued by the certificate-holding district
office unless the certificate-holding
district office has found, under
paragraph (e) of this section, that an
emergency exists requiring immediate
action with respect to safety in air
transportation or air commerce, in
which case the amendment remains in
effect during the appeal.
(e) If the certificate-holding district
office finds that an emergency exists
requiring immediate action with respect
to safety in air commerce that makes the
procedures set out in paragraph (d) of
this section impracticable or contrary to
the public interest:
(1) The certificate-holding district
office amends the operations
specifications and makes the
amendment effective on the day the
certificate holder receives notice of it.
(2) In the notice to the certificate
holder, the certificate-holding district
office articulates the reasons for its
finding that an emergency exists
requiring immediate action with respect
to safety in air commerce that makes it
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impracticable or contrary to the public
interest to stay the effectiveness of the
amendment.
§ 145.1059
Ratings.
(a) Airframe rating. The following
categories are authorized under the
airframe rating:
(1) Category 1: Aircraft certificated
under parts 23 and 27.
(2) Category 2: Aircraft certificated
under parts 25 and 29.
(3) Category 3: All other aircraft.
(i) A certificated repair station with an
Airframe rating may perform
maintenance, preventive maintenance,
and alterations on airframes under the
provisions listed on its operations
specifications;
(ii) A certificated repair station with
an Airframe rating shall not perform
maintenance, preventive maintenance,
or alterations on those articles for which
a Powerplant or Propeller rating is
required, unless the repair station
possesses the appropriate rating; and
(iii) A certificated repair station with
an Airframe rating is not required to
obtain a separate Component rating to
maintain articles associated with its
rating and capabilities.
(b) Powerplant rating. The following
categories are authorized under the
Powerplant rating:
(1) Category 1: Reciprocating engines.
(2) Category 2: Turbine engines.
(3) Category 3: Auxiliary Power Units
(APU).
(4) Category 4: All other powerplants.
(i) A certificated repair station with a
Powerplant rating may perform
maintenance, preventive maintenance,
and alterations on powerplants and
auxiliary power units under the
provisions listed on its operations
specifications;
(ii) A certificated repair station with
a Powerplant rating shall not perform
maintenance, preventive maintenance,
or alterations on those articles for which
an Airframe or Propeller rating is
required, unless the repair station
possesses the appropriate rating; and
(iii) A certificated repair station with
a Powerplant rating is not required to
obtain a separate Component rating to
maintain articles associated with its
rating and capabilities.
(c) Propeller rating. The following
categories are authorized under the
Propeller rating:
(1) Category 1: Fixed-pitch and
ground-adjustable pitch propellers.
(2) Category 2: Variable-pitch
propellers.
(3) Category 3: All other propellers.
(i) A certificated repair station with a
Propeller rating may perform
maintenance, preventive maintenance,
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and alterations on propellers under the
provisions listed on its operations
specifications;
(ii) A certificated repair station with
a Propeller rating shall not perform
maintenance, preventive maintenance,
or alterations on those articles for which
an Airframe or Powerplant rating is
required, unless the repair station
possesses the appropriate rating;
and
(iii) A certificated repair station with
a Propeller rating is not required to
obtain a separate Component rating to
maintain articles associated with its
rating and capabilities.
(d) Component rating.
(1) A certificated repair station with a
Component rating may perform
maintenance, preventive maintenance,
and alterations on appliances and
components that are not installed on an
airframe, powerplant, or propeller under
the provisions listed on its operations
specifications.
(2) A certificated repair station with a
Component rating must have an
Airframe, Powerplant, or Propeller
rating with limitations in accordance
with § 145.1061 to install articles on
those products.
(e) Specialized Service rating.
(1) The FAA may issue a Specialized
Service rating to a certificated repair
station that performs a specific and
unique maintenance function.
(2) The maintenance function must be
performed in accordance with an FAAacceptable specification.
(3) The repair station’s operations
specifications must contain the
specification used to perform the
maintenance function. The specification
may be:
(i) A current industry or military
specification acceptable to the FAA or,
(ii) A specification developed by the
applicant and approved by the FAA.
(4) A certificated repair station may,
under its Specialized Service rating,
perform only the maintenance functions
that are listed on the repair station’s
operations specifications.
(5) A certificated repair station with a
Specialized Service rating shall not
contract out any maintenance function
associated with that rating.
§ 145.1061
Limitations to ratings.
(a) The FAA may issue limitations to
the ratings of a certificated repair station
for a particular type of airframe,
powerplant, propeller, component, or
specialized service that is listed on the
repair station’s operations
specifications.
(b) The repair station’s operations
specifications will identify the rating in
§ 145.1059 to which the limitations
apply.
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(c) Limitations to any rating in
§ 145.1059 may be issued as deemed
appropriate by the FAA, including, but
not limited to, line maintenance.
22. Amend part 145 by adding new
subpart H to read as follows:
Subpart H— Technical Data, Housing,
Facilities, Equipment, and Materials
145.1101 General.
145.1103 Housing and facilities
requirements.
145.1105 Change of location, housing, or
facilities.
145.1107 Satellite repair stations.
145.1109 Technical data, equipment, tools,
test apparatus, and materials
requirements.
Subpart H—Technical Data, Housing,
Facilities, Equipment, and Materials
§ 145.1101
General.
A certificated repair station must
provide the technical data, housing,
facilities, equipment, tools, test
apparatus, and materials that meet the
applicable requirements for the issuance
of the certificate and any rating the
repair station holds.
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§ 145.1103 Housing and facilities
requirements.
(a) Each certificated repair station
must provide and maintain—
(1) Suitable permanent housing for
the facilities, equipment, materials, and
personnel consistent with its ratings.
(2) Facilities for properly performing
the maintenance, preventive
maintenance, and alterations of articles
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, and
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
alterations of 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;
(iv) Space sufficient to segregate and
protect articles and materials stocked for
installation from those articles
undergoing maintenance, preventive
maintenance, or alterations; and
(v) Ventilation, lighting, and control
of temperature, humidity, and other
climatic conditions sufficient to ensure
personnel perform maintenance,
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preventive maintenance, and alterations
to the standards required by this part.
(b) A certificated repair station with
an airframe rating must provide and
maintain suitable permanent housing
with the ability to enclose the largest
type and model of aircraft for which it
is rated. Notwithstanding this
requirement for suitable permanent
housing, the FAA may determine that a
repair station with limitations to its
airframe rating does not need to have
housing to enclose an entire aircraft if
the FAA determines that adequate
environmental protection is provided by
the repair station consistent with the
limitations issued in accordance with
§ 145.1061.
(c) A certificated repair station may
perform maintenance, preventive
maintenance, and alterations on articles
outside of its housing if it provides
suitable facilities that are acceptable to
the FAA and meet the requirements of
§ 145.1103(a) so the work can be
performed in accordance with the
requirements of part 43 of this chapter.
(d) A certificated repair station may
continually perform maintenance,
preventive maintenance, and alterations
on any article for which it is rated at
additional fixed locations if the
following requirements are met:
(1) The repair station applies for and
receives approval of additional fixed
locations.
(2) For a repair station located within
the United States, the additional fixed
location is within the geographical
boundaries of the Certificate Holding
District Office.
(3) For a repair station located outside
of the United States, the additional fixed
location is within close proximity of the
certificated repair station, as determined
by the FAA.
(4) The location is permanently
affixed and is under the managerial
control and authority of the repair
station.
(5) The maintenance functions
performed at the additional fixed
locations are in support of and within
the scope of the ratings listed on the
repair station’s operations
specifications.
§ 145.1105
facilities.
Change of location, housing, or
(a) A certificated repair station shall
not change the location of its housing
without written approval from the FAA.
(b) A certificated repair station shall
not make any changes to its housing or
facilities required by § 145.1103 that
could have a significant effect on its
ability to perform the maintenance,
preventive maintenance, or alterations
under its repair station certificate and
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30081
operations specifications without
written approval from the FAA.
(c) The FAA may prescribe the
conditions, including any limitations,
under which a certificated repair station
must operate while it is changing its
location, housing, or facilities.
§ 145.1107
Satellite repair stations.
(a) A certificated repair station under
the managerial control of another
certificated repair station may operate as
a satellite repair station with its own
certificate issued by the FAA. Each
satellite repair station must:
(1) Meet the requirements for each
rating it holds
(2) Submit to its certificate holding
district office the same manuals as the
repair station that exercises managerial
control. Each manual must identify any
specific processes or procedures either
unique to the satellite repair station or
applicable only to the repair station
with managerial control.
(3) Submit to its certificate holding
district office the same training program
for approval as the repair station that
exercises managerial control. The
program must identify any specific
processes or procedures either unique to
the satellite repair station or applicable
only to the repair station with
managerial control.
(4) Be able to demonstrate compliance
with its manual.
(5) Meet the housing and facility
requirements of § 145.1103.
(6) Have its own housing and facilities
in a location with a physical address
other than the repair station with
managerial control.
(b) Unless the FAA indicates
otherwise, personnel and equipment
from a certificated repair station with
managerial control and from each of its
satellite repair stations may be shared.
However, inspection personnel must be
designated for each satellite repair
station and available at the satellite
repair station any time a determination
of airworthiness or approval for return
to service is made. At other times,
inspection personnel may be away from
the premises but must be available by
telephone, radio, or other electronic
means.
(c) A satellite repair station may not
be located in a country other than the
domicile country of the certificated
repair station with managerial control.
§ 145.1109 Technical data, equipment,
tools, test apparatus, and materials
requirements.
(a) Except as otherwise prescribed by
the FAA, a certificated repair station
must have and maintain the equipment,
tools, test apparatus, materials, and, in
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a format acceptable to the FAA, the
technical data necessary to perform the
maintenance, preventive maintenance,
or alterations under its repair station
certificate and operations specifications
in accordance with part 43 of this
chapter.
(b) Notwithstanding the requirement
in paragraph (a) of this section for a
repair station to have the necessary
equipment, tools, and test apparatus,
that requirement may be met for
specialized and rarely used equipment,
tools, and test apparatus if the repair
station can demonstrate to the FAA it
has made arrangements with another
person to make those items available to
the repair station at any time their use
is required.
(c) A certificated repair station must
ensure that all test and inspection
equipment and tools used to make
airworthiness determinations on articles
are calibrated to a standard acceptable
to the FAA.
23. Amend part 145 by adding new
subpart I to read as follows:
§ 145.1153 Supervisory personnel
requirements.
Subpart I—Personnel
145.1151 Personnel requirements.
145.1153 Supervisory personnel
requirements.
145.1155 Inspection personnel
requirements.
145.1157 Personnel authorized to approve
an article for return to service.
145.1159 Recommendation of a person for
certification as a repairman.
145.1161 Records of management,
supervisory, and inspection personnel.
145.1163 Training requirements.
145.1165 Hazardous materials training.
(a) A certificated repair station must
ensure that persons performing
inspections under the repair station
certificate and operations specifications
are—
(1) Thoroughly familiar with the
applicable regulations in this chapter
and with the inspection methods,
techniques, practices, aids, equipment,
and tools used to determine the
airworthiness of the article on which
maintenance, preventive maintenance,
or alterations are being performed; and
(2) Proficient in using the various
types of inspection equipment and
visual inspection aids appropriate for
the article being inspected.
(b) A certificated repair station must
ensure its inspectors understand, speak,
read, and write English.
(c) A certificated repair station must
ensure that an inspector is available at
the article while performing
inspections.
Subpart
Personnel
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§ 145.1151
Personnel requirements.
Each certificated repair station must—
(a) Designate a repair station
employee as the accountable manager;
(b) Provide qualified personnel to
plan, supervise, perform, and approve
for return to service the maintenance,
preventive maintenance, or alterations
performed under the repair station
certificate and operations specifications;
(c) Ensure it has a sufficient number
of employees with the training or
knowledge and experience in the
performance of maintenance, preventive
maintenance, or alterations authorized
by the repair station certificate and
operations specifications to ensure all
work, including work contracted to a
noncertificated person in accordance
with § 145.1217(b), is performed in
accordance with part 43 of this chapter;
and
(d) Determine the abilities of its
employees performing maintenance
functions based on training, knowledge,
experience, or practical tests.
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(a) A certificated repair station must
ensure it has a sufficient number of
supervisors to direct the work
performed under the repair station
certificate and operations specifications.
The supervisors must be present to
oversee the work performed.
(b) Each supervisor must—
(1) If employed by a repair station
located inside the United States, be
appropriately certificated under part 65
of this chapter for the work being
supervised.
(2) If employed by a repair station
located outside the United States(i) Meet the requirements of paragraph
(b)(1) of this section; or
(ii) Meet the eligibility requirements
of § 65.101(a)(1), (2), (3) and (5) of this
chapter.
(c) A certificated repair station must
ensure its supervisors understand,
speak, read, and write English.
§ 145.1155 Inspection personnel
requirements.
§ 145.1157 Personnel authorized to
approve an article for return to service.
(a) Each person authorized to approve
an article for return to service must be
thoroughly familiar with the applicable
regulations in this chapter and
proficient in the use of the various
applicable inspection methods,
techniques, and practices.
(b) A certificated repair station
located inside the United States must
ensure that each person authorized to
approve an article for return to service
is appropriately certificated under part
65 of this chapter for the work
approved.
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(c) A certificated repair station located
outside the United States must ensure
that each person authorized to approve
an article for return to service:
(1) Is certificated as required by
paragraph (b) of this section, or;
(2) Meets the eligibility requirements
of § 65.101(a) (1), (2), (3) and (5) of this
chapter.
(d) A certificated repair station must
ensure that each person authorized to
approve an article for return to service
understands, speaks, reads, and writes
English.
(e) A certificated repair station must
ensure that a person authorized to
approve an article for return to service
is available to inspect the article any
time such approval is made.
§ 145.1159 Recommendation of a person
for certification as a repairman.
A certificated repair station that
chooses to use repairmen to meet the
applicable personnel requirements of
this part must certify in a format
acceptable to the FAA that each person
recommended for certification as a
repairman—
(a) Is employed by the repair station,
and
(b) Meets the eligibility requirements
of § 65.101 of this chapter.
§ 145.1161 Records of management,
supervisory, and inspection personnel.
(a) A certificated repair station must
maintain and make available in a format
acceptable to the FAA the following:
(1) A roster of management and
supervisory personnel that includes the
names of the repair station officials who
are responsible for its management and
the names of its supervisors who
oversee maintenance functions.
(2) A roster with the names of all
inspection personnel.
(3) A roster of personnel authorized to
approve for return to service a
maintained or altered article.
(4) A summary of the employment
history of each individual whose name
is on the personnel rosters required by
paragraphs (a)(1) through (a)(3) of this
section. The summary must contain
enough information on each individual
listed on the roster to show compliance
with the experience requirements of this
part and must include the following:
(i) Present title,
(ii) Total years of experience and the
type of maintenance work performed,
(iii) Past relevant employment with
names of employers and periods of
employment, positions, and types of
maintenance performed,
(iv) Scope of present employment,
and
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(v) The type of mechanic or repairman
certificate held and the ratings on that
certificate, if applicable.
(b) Within 5 business days of the
change, the rosters required by this
section must reflect changes caused by
termination, reassignment, change in
duties or scope of assignment, or
addition of personnel.
§ 145.1163
Training requirements.
(a) A certificated repair station must
have an employee training program
approved by the FAA that consists of
initial and recurrent training.
(b) The training program must ensure
that each employee assigned to perform
maintenance, preventive maintenance,
alterations, or inspection functions is—
(1) Capable of performing the assigned
task;
(2) Trained in human factors relevant
to aviation maintenance;
(3) Trained in the Federal Aviation
Regulations as they relate to Part 145;
and
(4) Trained in the repair station’s
manuals, quality control program,
procedures, and forms.
(c) A certificated repair station must
document, in a format acceptable to the
FAA, the individual employee training
required under this section. These
records must be retained for a minimum
of 2 years.
(d) A certificated repair station must
submit training program revisions to its
certificate holding district office in
accordance with the procedures in the
repair station manual as required by
§ 145.1209(e)(2).
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§ 145.1165
Hazardous materials training.
(a) Each repair station that meets the
definition of a hazmat employer under
49 CFR 171.8 must have a hazardous
materials training program that meets
the training requirements of 49 CFR part
172, subpart H.
(b) A repair station employee shall not
perform or directly supervise a job
function listed in § 121.1001 or
§ 135.501 of this chapter for, or on
behalf of the part 121 or 135 operator,
including loading of items for transport
on an aircraft operated by a part 121 or
part 135 certificate holder, unless that
person has received training in
accordance with the part 121 or part 135
operator’s FAA-approved hazardous
materials training program.
24. Amend part 145 by adding new
subpart J to read as follows:
Subpart J—Operating Rules
145.1201 Privileges and limitations of
certificate.
145.1203 Work performed at another
location.
145.1205 Maintenance, preventive
maintenance, and alterations performed
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for certificate holders under parts 121,
125, and 135, and for foreign air carriers
or foreign persons operating a U.S.registered aircraft in common carriage
under part 129.
145.1206 Notification of hazardous
materials authorizations.
145.1207 Repair station and quality control
manuals.
145.1209 Repair station manual contents.
145.1211 Quality control system.
145.1213 Inspection of maintenance,
preventive maintenance, or alterations.
145.1215 Capability list
145.1217 Contract maintenance.
145.1219 Recordkeeping.
145.1221 Service difficulty reports.
145.1223 FAA inspections.
Subpart J—Operating Rules
§ 145.1201 Privileges and limitations of
certificate.
(a) A certificated repair station may—
(1) Perform maintenance, preventive
maintenance, or alterations in
accordance with part 43 of this chapter
on any article for which it is rated and
within the limitations in its operations
specifications.
(2) In accordance with § 145.1217,
arrange for another person to perform
maintenance, preventive maintenance,
or alterations of any article for which it
is rated.
(3) Approve for return to service any
article for which it is rated after it has
performed maintenance, preventive
maintenance, or an alteration in
accordance with part 43 of this chapter.
(b) A certificated repair station shall
not approve for return to service under
part 43 of this chapter—
(1) Any article for which it is not
rated;
(2) Any article for which it is rated if
it requires special technical data,
equipment, or facilities that are not
available to it;
(3) Any article unless the
maintenance, preventive maintenance,
or alteration was performed in
accordance with the applicable
approved technical data or data
acceptable to the FAA, and using
methods, techniques, and practices
acceptable to the FAA.
(4) Any article after a major repair or
major alteration unless the major repair
or major alteration was performed in
accordance with applicable approved
technical data; or
(5) Any experimental aircraft after a
major repair or major alteration
performed under § 43.1(b) of this
chapter unless the major repair or major
alteration was performed in accordance
with methods and applicable technical
data acceptable to the FAA.
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§ 145.1203
location.
30083
Work performed at another
A certificated repair station may
temporarily transport material,
equipment, and personnel needed to
perform maintenance, preventive
maintenance, or alterations on an article
for which it is rated to a place other
than the repair station’s fixed location if
the following requirements are met:
(a) The work is necessary due to a
special circumstance, as determined by
the FAA, or
(b) It is authorized by the FAA to
perform such work on a recurring basis,
and the repair station’s manual includes
the procedures for accomplishing
maintenance, preventive maintenance,
or alterations at a place other than the
repair station’s fixed location.
§ 145.1205 Maintenance, preventive
maintenance, and alterations performed for
certificate holders under parts 121, 125, and
135, and for foreign air carriers or foreign
persons operating U.S.-registered aircraft in
common carriage under part 129.
(a) A certificated repair station that
performs maintenance, preventive
maintenance, or alterations for an air
carrier or air operator under parts 121 or
135 of this chapter, or for a foreign air
carrier or foreign person operating U.S.registered aircraft in common carriage
under part 129 of this chapter, shall
perform that work in accordance with
the instructions provided by that air
carrier, air operator, or foreign air carrier
or foreign person.
(b) A certificated repair station that
performs inspections on an aircraft that
is subject to an inspection program
under § 91.409(e) or parts 125 or 135 of
this chapter shall do that work in
accordance with the inspection program
provided by the operator of that aircraft.
§ 145.1206 Notification of hazardous
materials authorizations.
(a) Each repair station must
acknowledge receipt of the part 121 or
part 135 operator notification required
under §§ 121.1005(e) and 135.505(e) of
this chapter prior to performing work
for, or on behalf of, that certificate
holder.
(b) Prior to performing work for or on
behalf of a part 121 or part 135 operator,
each repair station must notify its
employees, contractors, or
subcontractors that handle or replace
aircraft components or other items
regulated by 49 CFR parts 171 through
180 of each certificate holder’s
operations specifications authorization
permitting, or prohibition against,
carrying hazardous materials. This
notification must be provided
subsequent to the notification by the
part 121 or part 135 operator of such
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operations specifications authorization/
designation.
§ 145.1207 Repair station and quality
control manuals.
A certificated repair station must:
(a) Prepare and follow repair station
and quality control manuals acceptable
to the FAA;
(b) Maintain current repair station and
quality control manuals;
(c) Ensure the manuals required by
this section are accessible for use by
repair station personnel;
(d) Provide to its certificate holding
district office the current manuals in a
format acceptable to the FAA; and
(e) Notify its certificate holding
district office of each revision to its
manuals in accordance with the
procedures required by
§§ 145.1209(e)(7) and 145.1211(c)(3).
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§ 145.1209
contents.
Repair station manual
A certificated repair station’s manual
must include at least the following:
(a) An organizational chart
identifying—
(1) Each management position with
authority to act on behalf of the repair
station;
(2) The area of responsibility assigned
to each management position; and
(3) The duties, responsibilities, and
authority of each management position.
(b) A description of the certificated
repair station’s operations, including the
technical data, housing, facilities,
equipment, and materials as required by
this part;
(c) A description of—
(1) The required records and the
recordkeeping system used to obtain,
store, and retrieve the required records;
and
(2) The system used to identify and
control sections of the repair station
manual.
(d) Procedures for revising the
capabilities list if used, including—
(1) Submitting the revisions to the
certificate holding district office for
approval; or
(2) The self-evaluation permitted
under § 145.1215(d)(2) for making
changes to the capability list,
including—
(i) Determining that the repair station
has all of the technical data, housing,
facilities, equipment, material,
processes, and trained personnel in
place;
(ii) Methods and frequency of such
evaluations, including procedures for
reporting the results to the appropriate
repair station manager for review and
action;
(iii) Notifying the certificate holding
district office of changes to the list,
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including how often the certificate
holding district office will be notified of
changes; and
(iv) Documenting the self evaluation
and periodic review, including making
such documentation available to the
FAA, and retaining it for a period of 2
years.
(e) Procedures for—
(1) Maintaining and revising the
rosters required by § 145.1161;
(2) Revising the training program
required by § 145.1163 and submitting
revisions to the certificate holding
district office for approval;
(3) Governing work performed at
another location in accordance with
§ 145.1203;
(4) Performing maintenance,
preventive maintenance, or alterations
under § 145.1205;
(5) Maintaining and revising a list of
the maintenance functions approved by
the FAA that may be performed under
contract by another person in
accordance with § 145.1217(a)(1),
including submitting revisions to the
certificate holding district office for
approval;
(6) Maintaining and revising the
contract maintenance information
required by § 145.1217(a)(2) including
how and when the certificate holding
district office is notified of revisions;
and
(7) Revising the repair station’s
manual and notifying its certificate
holding district office of revisions to the
manual, including how often the
certificate holding district office will be
notified of revisions.
§ 145.1211
Quality control system.
(a) A certificated repair station must
establish and maintain a quality control
system acceptable to the FAA that
ensures the airworthiness of the articles
on which the repair station or any of its
contractors performs maintenance,
preventive maintenance, or alterations.
(b) Repair station personnel must
follow the quality control system when
performing maintenance, preventive
maintenance, or alterations under the
repair station certificate and operations
specifications.
(c) The quality control manual must
include at least the following:
(1) A description of the quality
control system and procedures used
for—
(i) Inspecting incoming materials to
ensure acceptable quality;
(ii) Performing preliminary inspection
of all articles that are maintained;
(iii) Inspecting all articles that have
been involved in an accident for hidden
damage before maintenance, preventive
maintenance, or alteration is performed;
PO 00000
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Fmt 4701
Sfmt 4702
(iv) Establishing and maintaining
proficiency of inspection personnel; (v)
Establishing and maintaining current
technical data for maintaining articles;
(vi) Qualifying and surveilling
noncertificated persons who perform
maintenance, preventive maintenance,
or alterations for the repair station in
accordance with 145.1217;
(vii) Performing final inspection and
approval for return to service of
maintained articles; (viii) Calibrating
measuring and test equipment used in
maintaining articles, including the
intervals at which the equipment will be
calibrated;
(ix) Taking corrective action on
deficiencies;
(x) Identifying and managing
suspected unapproved parts; and
(xi) Ensuring that maintenance not
completed as a result of shift change or
similar interruption is properly
completed.
(2) A sample of the inspection and
maintenance forms and instructions for
completing such forms or a reference to
a separate forms manual; and
(3) Procedures for revising the quality
control manual required under this
section and notifying the certificate
holding district office of the revisions,
including how often the certificate
holding district office will be notified of
revisions.
§ 145.1213 Inspection of maintenance,
preventive maintenance, or alterations.
(a) A certificated repair station must
inspect each article upon which it has
performed maintenance, preventive
maintenance, or alterations as described
in paragraphs (b) and (c) of this section
before approving that article for return
to service.
(b) A certificated repair station must
certify that the article is airworthy with
respect to the maintenance, preventive
maintenance, or alterations performed
after—
(1) The repair station performs work
on the article; and
(2) An inspector inspects the article
on which the repair station has
performed work and determines it to be
airworthy with respect to the work
performed.
(c) For the purposes of paragraphs (a)
and (b) of this section, an inspector
must meet the requirements of
§ 145.1155
§ 145.1215
Capability list.
(a) A certificated repair station may
establish and maintain, in a format
acceptable to the FAA, a capability list
that includes all the articles for which
it is rated to perform maintenance,
preventive maintenance, or alterations.
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(b) An article may be listed on the
capability list only if it is within the
scope of the repair station’s ratings and
operations specifications.
(c) Within the rating categories
identified in § 145.1059, the capability
list must identify each airframe,
powerplant, or propeller by
manufacturer, model, and series as
applicable. For a component rating, the
list must identify each component for
which the repair station is rated by
manufacturer, manufacturer-designated
nomenclature, and basic part number.
(d) Changes may be made to the
capabilities list:
(1) By submitting a request to the FAA
for approval; or
(2) Upon application, as prescribed in
§ 145.1058, the repair station may
request authorization in its operations
specifications to make additions to the
capabilities list through self-evaluation.
The self-evaluation must be
documented and include a
determination that the repair station has
all of the technical data, housing,
facilities, equipment, material,
processes, and trained personnel in
place to perform maintenance,
preventive maintenance, or alterations
on the article in accordance with this
part.
(e) Following changes to its
capabilities list, the repair station must
provide its certificate holding district
office with a copy of the revised list in
accordance with the procedures
required in § 145.1209(d).
(f) A periodic review of the capability
list must be accomplished at least every
2 years to determine if it is current.
Following the periodic review, the
capability list shall be revised to remove
those articles for which the repair
station no longer has the technical data,
housing, facilities, equipment, material,
processes, or trained personnel
necessary to perform maintenance or
alterations on the article.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 145.1217
Contract maintenance.
(a) A certificated repair station may
contract a maintenance function
pertaining to an article to another
person provided—
(1) The maintenance function to be
contracted is approved by the FAA; and
(2) The repair station maintains and
makes available to its certificate holding
district office, in a format acceptable to
the FAA, the following information:
(i) The name of each person with
whom the repair station contracts
maintenance functions;
(ii) The type of certificate and ratings,
if any, held by each person to whom the
repair station contracts a maintenance
function; and
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(iii) The maintenance function(s)
contracted to each person.
(b) If a maintenance function is
contracted under paragraph (a) of this
section to a person not certificated to
perform the work, the repair station
must:
(1) Determine, in accordance with the
procedures required under § 145.1211(c)
(1) (vi), that the noncertificated person
follows a quality control system
equivalent to the system followed by the
certificated repair station;
(2) Remain directly in charge of the
work performed by the noncertificated
person;
(3) Verify, by test and/or inspection,
that the work has been performed
satisfactorily and that the article is
airworthy before approving it for return
to service; and
(4) Ensure the repair station employee
requirements of § 145.1151(c) are met
when accomplishing the requirements
of paragraphs (b) (1) and (b) (3) of this
section.
(c) A certificated repair station may
not exercise the privileges of its
certificate by providing only approval
for return to service of an article
following contracting of maintenance,
preventive maintenance, or alterations.
§ 145.1219
Recordkeeping.
(a) A certificated repair station must
retain records in English that
demonstrate compliance with the
requirements of part 43 of this chapter.
The records must be retained in a format
acceptable to the FAA.
(b) A certificated repair station must
provide a copy of the approval for
return to service in accordance with
§ 43.5 of this chapter to the owner or
operator of the article on which
maintenance, preventive maintenance,
or alteration was performed.
(c) A certificated repair station must
retain the records required by this
section for at least 2 years from the date
the article was approved for return to
service.
(d) A certificated repair station must
make all required records available for
inspection by the FAA and the National
Transportation Safety Board.
§ 145.1221
Service difficulty reports.
(a) A certificated repair station must
report to the FAA discovery of any
serious failure, malfunction, or defect of
an article in a format acceptable to the
FAA. The report must be submitted
within 96 hours of approving the article
for return to service.
(b) The report required under
paragraph (a) of this section must
include as much of the following
information as is available:
PO 00000
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Fmt 4701
Sfmt 4702
30085
(1) Aircraft registration number;
(2) Type, make, and model of the
article;
(3) Date of the discovery of the failure,
malfunction, or defect;
(4) Nature of the failure, malfunction,
or defect;
(5) Time since last overhaul, if
applicable;
(6) Apparent cause of the failure,
malfunction, or defect; and
(7) Other pertinent information that is
necessary for more complete
identification, determination of
seriousness, or corrective action.
(c) The holder of a repair station
certificate that is also the holder of a
part 121, 125, or 135 certificate; type
certificate (including a supplemental
type certificate); parts manufacturer
approval; or technical standard order
authorization, or that is the licensee of
a type certificate holder, does not need
to report a failure, malfunction, or
defect under this section if the failure,
malfunction, or defect has been reported
under parts 21, 121, 125, or 135 of this
chapter.
(d) A certificated repair station may
submit a service difficulty report for the
following:
(1) A part 121 certificate holder,
provided the report meets the
requirements of part 121 of this chapter,
as appropriate.
(2) A part 125 certificate holder,
provided the report meets the
requirements of part 125 of this chapter,
as appropriate.
(3) A part 135 certificate holder,
provided the report meets the
requirements of part 135 of the chapter,
as appropriate.
(e) A certificated repair station
authorized to report a failure,
malfunction, or defect under paragraph
(d) of this section must not report the
same failure, malfunction, or defect
under paragraph (a) of this section. A
copy of the report submitted under
paragraph (d) of this section must be
forwarded to the certificate holder.
§ 145.1223
FAA inspections.
(a) A certificated repair station must
allow the FAA to inspect that repair
station at any time to determine
compliance with this chapter.
(b) A certificated repair station may
not contract for the performance of a
maintenance function on an article with
a noncertificated person unless it
provides in its contract with the
noncertificated person that the FAA
may make an inspection and observe the
performance of the noncertificated
person’s work on the article.
(c) A certificated repair station may
not approve for return to service any
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mstockstill on DSK4VPTVN1PROD with PROPOSALS2
article on which a maintenance function
was performed by a noncertificated
person if the noncertificated person
does not permit the FAA to make the
inspection described in paragraph (b) of
this section.
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Subparts A through E [Removed and
Reserved]
25. On [24 months after publication of
final rule], remove and reserve subparts
A through E.
PO 00000
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Issued in Washington, DC, on May 3, 2012.
Raymond Towles,
Acting Director, Flight Standards Service.
[FR Doc. 2012–11984 Filed 5–18–12; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 30054-30086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11984]
[[Page 30053]]
Vol. 77
Monday,
No. 98
May 21, 2012
Part II
Department of Transportation
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Federal Aviation Administration
14 CFR Parts 43, 91 and 145
Repair Stations; Proposed Rule
Federal Register / Vol. 77 , No. 98 / Monday, May 21, 2012 / Proposed
Rules
[[Page 30054]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 43, 91 and 145
[Docket No. FAA-2006-26408; Notice No. 12-03]
RIN 2120-AJ61
Repair Stations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action would amend the regulations for repair stations by
revising the system of ratings, the repair station certification
requirements, and the regulations on repair stations providing
maintenance for air carriers. This action is necessary because many
portions of the existing repair station regulations do not reflect
current repair station aircraft maintenance and business practices, or
advances in aircraft technology. These changes would modernize the
regulations to keep pace with current industry standards and practices.
DATES: Send your comments on or before August 20, 2012.
ADDRESSES: You may send comments identified by Docket Number FAA-2006-
26408 using any of the following methods:
Federal eRulemaking Portal: Go to https://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, 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: The FAA will post all comments it receives, without
change, to https://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the 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 proposed rule contact John Goodwin, FAA, Repair Station Branch
(AFS-340), 800 Independence Avenue SW., Washington, DC 20591; telephone
(202) 385-6417; facsimile (202) 385-6474; email John.J.Goodwin@faa.gov.
For legal questions concerning this proposed rule contact Edmund
Averman, FAA, Office of the Chief Counsel (AGC-210), 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-3147; facsimile
(202) 267-5106; email Ed.Averman@faa.gov.
SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional
Information section, we discuss how you can comment on this proposal
and how we will handle your comments. Included in this discussion is
related information about the docket, privacy, and the handling of
proprietary or confidential business information. We also discuss how
you can get a copy of related rulemaking documents.
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, servicing, and overhauling these items. Under section
44707, the FAA may examine and rate repair stations.
This regulation is within the scope of section 44701 since it
establishes new regulations for a repair station to have permanent
housing for all its facilities, equipment, materials, and personnel.
This regulation is within the scope of section 44707 since it revises
the system of ratings for repair stations and specifies those instances
when the FAA may deny the issuance of a repair station certificate,
especially when a previously held certificate has been revoked.
I. Background
In 1989, the FAA held four public meetings to provide a forum for
the public to comment on possible revisions to the rules governing
repair stations. After considering the comments and data collected from
these meetings, the FAA published a notice of proposed rulemaking in
June 1999 (1999 NPRM).\1\ The 1999 NPRM proposed significant changes to
part 145 because the existing language was no longer appropriate and
had become increasingly difficult to administer.
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\1\ 64 FR 33142; June 21, 1999.
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In August 2001, the FAA published a final rule with request for
comments and direct final rule with request for comments; final
rule.\2\ This final rule revised most of part 145 as proposed in the
1999 NPRM. However, it did not adopt the proposed revised repair
station ratings and the quality assurance system due to the volume of
negative comments received on the FAA's proposed changes to these
areas.
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\2\ 66 FR 41088; August 6, 2001.
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On October 19, 2001, the FAA tasked the Aviation Rulemaking
Advisory Committee (ARAC) to address ratings and quality assurance for
repair stations.\3\ ARAC provided its recommendations in May 2002.\4\
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\3\ 66 FR 53281; October 19, 2001.
\4\ A copy of the ARAC's recommendations can be found at https://www.faa.gov/regulations_policies/rulemaking/committees/arac/.
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On December 1, 2006, the FAA published the NPRM titled ``Repair
Stations'' (2006 NPRM) that addressed ARAC's recommendations.\5\ The
original comment period was scheduled to close on March 1, 2007.
However, the FAA received a request from the Aeronautical Repair
Station Association to extend the comment period. In a notice published
on February 27, 2007, the FAA granted a 45-day comment period extension
to April 16, 2007.\6\ The 2006 NPRM proposed the following changes to
part 145:
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\5\ 71 FR 70254; December 1, 2006.
\6\ 72 FR 8641; February 27, 2007.
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The system of ratings and classes would be revised
significantly, including the creation of an avionics rating and the end
of the issuance of
[[Page 30055]]
limited ratings (to be replaced by the issuance of limitations to the
rating a repair station holds).
Each repair station would set up and maintain a capability
list of all articles for which it is rated. The list would identify
each article by manufacturer and the type, make, model, category, or
other nomenclature designated by the article's manufacturer. A repair
station with an avionics or a component rating would also be required
to organize its lists by category of the article.
Each repair station would set up a quality system that
includes an internal evaluation that reviews the complete repair
station yearly.
Applicants for a repair station certificate would include
a letter of compliance as part of their application.
Each repair station would be required to provide permanent
housing for its facilities, equipment, materials, and personnel.
Each repair station would be required to designate a chief
inspector.
The FAA would use certification from an authority
``acceptable to the FAA'' as a basis for issuing a certificate to a
person located outside the United States.
The FAA would identify reasons it could use to deny the
issuance of a repair station certificate.
The FAA received more than 150 public comment submissions to the
2006 NPRM. While there was general support for revising the repair
station rules, several commenters asked the FAA to withdraw the
proposal. Many other commenters expressed concerns related to the
proposed ratings system (particularly the proposed avionics rating),
the capability list, quality system, letter of compliance, chief
inspector, housing and facilities, and the FAA's denial of a repair
station certificate.
On May 7, 2009, the FAA withdrew the 2006 NPRM because it did not
adequately address the current repair station operating environment,
which had changed significantly since the recommendations developed in
2001 by ARAC.\7\ The FAA also noted that the withdrawal would give the
FAA time to thoroughly review and properly address these substantial
operating environment changes and the many issues raised by the
commenters.
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\7\ 74 FR 21287, May 7, 2009.
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The withdrawal notice stated that the FAA had started rulemaking to
update and revise the regulations for repair stations to more fully
address the significant changes in the repair station business model.
This NPRM is the result of those efforts.
General Discussion of the Proposal
There are three major areas that this proposal will address:
The system of ratings.
The certification requirements.
Repair stations providing maintenance for air carriers.
In addition, there are several other areas in part 145 that this
NPRM will address. These are discussed in detail in an ``Other
Changes'' section in the ``Discussion of the Proposed Regulatory
Requirements'' portion of this preamble.
In the 2006 NPRM, the FAA proposed to require a formal quality
system for all repair stations. While the FAA continues to believe that
all repair stations should have a formal quality system to improve
safety, the agency did not include such a requirement in this proposal.
The FAA is in the process of introducing Safety Management Systems
(SMS) rules, and it is anticipated that a future SMS rule will cover
those repair stations operating under part 145. If the agency includes
a quality system requirement in the final rule resulting from this
proposal, a possibility exists that such systems would have to be
modified once an SMS rule is formalized. The FAA does not believe this
would be an efficient use of repair station resources based on the
unknown differences that may arise.
Total Benefits and Costs of This Rule
The total costs of this proposal would be relatively small ($14.493
million over a 10-year period, spread amongst approximately 5,000
repair stations), but it is difficult to quantify the benefits. We
believe, however, that the potential benefits, which derive in part
from (1) Giving the FAA authority to (a) deny a repair station
certificate to an applicant whose past performance resulted in a
revocation, and (b) revoke all FAA-issued certificates of any person
who makes fraudulent or intentionally false entries or records; (2)
defining what operations specifications consist of and providing a
well-defined process for both industry and the FAA to amend them; and
(3) updating the ratings system, justify the costs of the proposed
rule.
The current rule provides that, with certain unrelated
restrictions, an applicant who meets the requirements of the rule is
entitled to a repair station certificate regardless of a past
regulatory non-compliance history. Because of at least one incident
where the FAA revoked a repair station certificate for serious
maintenance-related safety violations, and a key management official
from that repair station shortly thereafter obtained a new repair
station certificate under which improper maintenance resulted in a
fatal accident, the National Transportation Safety Board (NTSB)
recommended that a certificate applicant's past performance should be a
consideration in determining whether a new certificate should be
issued. That criteria currently applies to air carrier certificate
applicants. The FAA agrees with the NTSB, and is proposing rules
similar to those for air carriers in the hopes of preventing accidents
like the one just described.
Although the current rule provides that no person may operate
without, or in violation of, FAA-issued operations specifications, it
does not define the term or explain what they consist of. Much
confusion prevails within the repair station community and the FAA
whether any or all of a repair station's operations specifications are
considered part of its certificate and therefore entitled to NTSB
review of any FAA-mandated changes to them. This proposed rule would
make clear what operations specifications are and which ones are part
of a repair station's certificate. It would also provide detailed
processes for both FAA-initiated and repair station-initiated
amendments to them. This would benefit both the repair station
community and the FAA by providing a degree of certainty where
currently there is only confusion.
In addition, the current ratings system dates to the 1930's and
1940's, and does not adequately address the way current aircraft are
constructed. This hampers the FAA's ability to appropriately and
consistently issue ratings, and it impedes repair stations' ability to
accurately describe the work they perform. The repair station community
and the FAA have struggled, and continue to struggle, with the
application of current technology and business practices to an
antiquated rule. The proposed rule would accommodate current advanced
technologies and provide regulatory flexibility to accommodate future
technological development.
1. System of Ratings
Part 145's system of ratings does not address current technology or
industry practices. It is not dynamic and cannot adapt as new
technologies are introduced. It is also not defined clearly and is open
to inconsistent interpretation and application. These failings have
resulted in repair stations having a variety of ratings to perform the
same work. This system is confusing
[[Page 30056]]
to repair station operators and their customers, and presents
increasingly difficult certificate management challenges to the FAA.
The rating changes proposed in the 2006 NPRM generated many
comments. Most of those commenters were concerned that the proposed
system of ratings would require a repair station to get FAA approval
before changing or adding to the proposed required capability list.
This proposal would not require a capability list, but would revise the
capability list recording requirements for those repair stations who
choose to use one. This is a potentially marked change for repair
stations with class ratings that do not currently have a capability
list of the items they maintain.
Under this proposal, the system of ratings would be reduced from
eight ratings to five ratings. The ratings definitions would be revised
to clearly indicate the type of work that a repair station is
authorized to perform. A comparison of the proposed ratings with the
current ratings follows:
------------------------------------------------------------------------
Current Proposed
------------------------------------------------------------------------
Airframe Class: Airframe Category:
1. Composite Small. 1. Aircraft certificated
under part 23 or 27.
2. Composite Large. 2. Aircraft certificated
under part 25 or 29.
3. All-Metal Small. 3. All other aircraft.
4. All-Metal Large.
------------------------------------------------------------------------
Powerplant Class: Powerplant Category:
1. Reciprocating Engines of 400 HP or 1. Reciprocating engines.
less.
2. Reciprocating Engines of more than 2. Turbine engines.
400 HP.
3. Turbine Engines. 3. Auxiliary Power Units.
4. All other powerplants.
------------------------------------------------------------------------
Propeller Class: Propeller Category:
1. All Fixed and Ground-Adjustable. 1. Fixed-pitch and ground-
adjustable propellers.
2. All other propellers. 2. Variable-pitch
propellers.
3. All other propellers.
------------------------------------------------------------------------
Radio Class: Component.
1. Communication.
2. Navigation.
3. Radar.
------------------------------------------------------------------------
Instrument Class: Component.
1. Mechanical.
2. Electrical.
3. Gyroscopic. ............................
4. Electronic. ............................
------------------------------------------------------------------------
Accessory Class: Component.
1. Mechanical. ............................
2. Electrical. ............................
3. Electronic. ............................
------------------------------------------------------------------------
Limited Rating Specialized Service. Specialized Service.
------------------------------------------------------------------------
Limited Ratings (Sec. 145.61(b) lists 12 Eliminated.
possible limited ratings).
------------------------------------------------------------------------
2. Certification Requirements
The 2006 NPRM proposed that the FAA could deny an application for a
repair station certificate if the applicant previously held a repair
station certificate that had been revoked or if the applicant or
certain key individuals who would exercise control over the new repair
station had materially contributed to the circumstances that resulted
in a prior repair station certificate revocation action. This proposal
was similar to the authority contained in part 119 authorizing the FAA
to deny applications for air carrier and commercial operator
certificates. The commenters who opposed this proposal stated it was
too open-ended and that it would be impossible to maintain a tracking
list of disqualifying individuals.
While the FAA understands the commenters' concerns, the agency
believes this requirement should be implemented. The FAA will add a
question to the repair station application asking whether the applicant
has a repair station certificate currently being revoked, or previously
held a repair station certificate that was revoked as described in
Sec. 145.1051(e). The FAA notes that denial is not automatic. If the
agency were to deny a certificate to an applicant under the proposed
rule, the affected person could appeal that denial under the procedures
provided in 14 CFR part 13.
The FAA is also proposing to clarify the certification requirements
in Sec. 145.51(b) on the equipment, personnel, technical data, and
housing and facilities that must be in place for inspection at the time
of certification or rating approval by the FAA. There has been much
confusion about how a repair station can meet these requirements by
contract. The FAA is proposing language to clarify that the contract
applies only to ownership, and not to the demonstration phase of
certification. If a repair station does not permanently possess these
items, it must be able to demonstrate to the FAA that it has made
arrangements with another person to provide such items whenever they
are needed to perform work, and it must display these items and all
associated lease agreements during certification.
[[Page 30057]]
3. Repair Stations Providing Maintenance for Air Carriers
In response to the 2006 NPRM, several repair stations that provide
maintenance for air carriers raised concerns on the information that
air carriers must provide. Currently, Sec. 145.205 states a repair
station working for an air carrier must follow the carrier's ``program
and applicable sections of its maintenance manual.'' Repair stations
that provide such work stated that the term ``applicable sections''
causes confusion because it is subjective and vague. They point out
that air carriers, air operators, and even the FAA's own inspectors
interpret this term differently.
In this NPRM, the FAA proposes language to clarify that when a
repair station performs work as a maintenance provider to an air
carrier, the repair station must perform that work in accordance with
the maintenance instructions provided by the air carrier or air
operator.
Line maintenance will be authorized as a limitation to an airframe
rating. The regulations regarding line maintenance authorization will
be deleted.
II. Discussion of the Proposed Regulatory Requirements
1. Transition
The FAA recognizes that the proposals in this NPRM represent a
major revision to part 145. There would be many new and enhanced
requirements as well as an in-depth change to the ratings system. These
changes would require the revision of several existing repair station
documents. These document changes would have to be reviewed and
accepted by the FAA. This could then lead to delays in granting repair
stations the approvals they need to operate.
To provide for the transition of current repair stations and at the
same time accommodate the continued receipt of new applications, the
FAA is proposing to retain the current regulations appended with the
proposed regulations for 24 months. The current language would be
retained with its current subpart lettering, A through E, and be
revised only where necessary to accommodate the transition. The new
rule would be located in new subparts, lettered F through J. Thus, the
current Subpart B Certification Sec. 145.51, Application for
Certificate, would co-exist with a Subpart G Certification Sec.
145.1051, Application for Certificate, during the 24-month transition
period. The FAA anticipates that the final rule, if adopted, would
become effective 60 days after publication.
Repair stations certificated before the effective date of the final
rule would be able to continue to operate under the current
regulations. They would have 24 months after the effective date of the
final rule to show compliance with the proposed regulations by
developing associated documents and submitting an FAA Form 8310-3,
Application for Repair Station Certificate and/or Rating.
New applicants would be required to comply with subparts F through
J upon the effective date of the final rule. Any repair station
applying for a change to its repair station certificate requiring a new
application, as provided for in the current rule, would be required to
comply with subparts F through J as a condition of approval of the
certificate change.
All repair stations certificated before the effective date of the
final rule would have to timely apply for certification under the
proposed rules if they intend to continue to operate without
interruption. Repair stations are cautioned that waiting until later in
the 24-month transition period may increase the risk that unforeseen
circumstances might result in the repair station not having an active
certificate until such time as the FAA can review the submitted
documents and provide the repair station with a new repair station
certificate.
All certificated repair stations would have to be in compliance
with the provisions of subparts F through J no later than 24 months
after the effective date of the rule. At that time, current subparts A
through E would be removed and reserved. The rules would continue to
carry the 1xxx (one thousand series) numbers to be consistent with any
guidance or other documentation that is issued during the 24-month
transition period.
To address the transition in the current regulations, the FAA
proposes to revise subparts A through C as follows:
Section 145.1(a) would state that subparts A through E
will expire and be reserved 24 months after the effective date of the
final rule.
Section 145.1(b) would be changed to direct that subparts
A through E apply to repair stations certificated before the effective
date of the final rule until they are certificated under new subparts F
through J or 24 months from the effective date of the rule.
Section 145.1(c) would be revised to direct that a repair
station certificated before the effective date of the rule would have
to follow subparts A through E until it complies with subparts F
through J.
Section 145.51(a) would be changed to direct applications
to be made in accordance with new Sec. 145.1051.
Section 145.53(a) would be revised to reflect that a
certificate issued under subparts A through E would be valid for no
longer than 24 months after the effective date of the final rule.
Section 145.55(a) would be revised to state that a
certificate issued to a repair station located outside the United
States would not be valid 24 months after the effective date of the
final rule.
Section 145.55(b) would be revised to state that a
certificate issued to a repair station located outside the United
States may be renewed but not beyond 24 months from the effective date
of the final rule.
In Sec. 145.55(c)(1), the reference to Sec. 145.51 for
the application procedures would be changed to Sec. 145.1051.
In Sec. 145.57, the reference to Sec. 145.51 for the
procedures to be followed by a new owner would be changed to Sec.
145.1051.
In Sec. 145.105(b), the reference to Sec. 145.103 for
change in housing would be changed to Sec. 145.1103.
2. System of Ratings
The FAA proposes to revise the ratings and classes that may be
issued to certificated repair stations. Under this proposal, the system
of ratings would be reduced from eight ratings to five ratings. The
ratings definitions would be revised to clearly indicate the type of
work that a repair station is authorized to perform under each rating.
a. Airframe Rating (Current Sec. 145.59(a)/Proposed Sec. 145.1059(a))
Currently, the FAA may issue a repair station an Airframe rating
with any of four class ratings: Classes 1, 2, 3, and 4. These classes
are based on aircraft weight (large or small (as defined in 14 CFR
1.1)) and construction (composite or all-metal).
The use of construction as a basis for determining the class rating
system no longer reflects the technology used in building today's
aircraft. For example, at the time the Airframe rating was created, the
aviation industry commonly referred to aircraft made from a combination
of wood, fabric, and metal materials as aircraft with a ``composite''
construction. Today, the term ``composite'' construction refers to the
use of carbon-carbon compounds and advanced polymers (which is fast
becoming the standard in the industry). These types of materials were
not even envisioned when the Airframe rating was created.
In addition, airframe manufacturers often use a mix of materials in
current
[[Page 30058]]
aircraft construction. An all-composite or all-metal construction of an
airframe is no longer the standard design. For example, an airframe
could be metal while certain portions, such as control surfaces and
fairings, are composite materials.
The continued use of weight as a basis for determining the class
rating is also problematic. Historically, the FAA and the aviation
industry used the weight classification of small and large aircraft to
distinguish aircraft used in commercial air carrier service from those
used in general aviation. Commercial operators typically used aircraft
weighing over 12,500 pounds, while general aviation operators typically
used smaller aircraft. This distinction also reflected the relative
complexity of the aircraft. Today, however, aircraft weight reflects
neither the complexity nor the intended use of an aircraft.
Therefore, it is clear that the Airframe rating needs to be
updated. The FAA initially considered trying to define the term
``composite.'' This was difficult, at best. More importantly, any
definition developed today may soon become outdated by further
technological advances. The FAA has determined that a better approach
is to have the underlying certification rules dictate the appropriate
rating.
The FAA proposes to remove classes from the Airframe rating and
group the aircraft that were previously covered by these classes in
accordance with their certification standards under parts 23, 25, 27,
and 29. All other aircraft not certificated under these parts would be
in a separate category ``all other aircraft.''
The FAA believes that grouping the Airframe rating into categories
according to the airworthiness certification standards would better
define the technology of the aircraft and relieve confusion. The
proposed structure of the Airframe rating is:
Category 1: All aircraft certificated under parts 23 and
27.
Category 2: All aircraft certificated under parts 25 and
29.
Category 3: All other aircraft.
The purpose of grouping airframes into categories 1 and 2 is to
include aircraft that were originally certificated under their
respective airworthiness standards. The third category would capture
aircraft that were originally certificated under Civil Aeronautical
Rules (CARs), Civil Aeronautical Bulletins (CABs) and/or Special
Aeronautical Information Bulletins (SAIBs). This system of airframe
rating categories would also capture future aircraft designs.
Category 3 would capture aircraft that are not included in
categories 1 and 2. This would include aircraft such as unmanned
aircraft systems, light sport aircraft, and manned balloons. This would
also provide a category for other aircraft currently under design
status and not yet certified under established certification
regulations.
An application for the proposed Airframe rating would have to
include a list of the make, model, or series of all aircraft that the
repair station intends to maintain. This is a marked change for current
airframe class rated repair stations.
The FAA also proposes to use the term ``category'' as a replacement
for the term ``class.'' The term ``class'' has been used for so many
years to mean a particular group of aircraft in part 145 that it seems
impractical to try to apply it in a different context.
b. Powerplant Rating (Current Sec. 145.59(b)/Proposed Sec.
145.1059(b))
The current Powerplant rating has three classes: Class 1--
Reciprocating engines of 400 horsepower or less, Class 2--Reciprocating
engines of more than 400 horsepower, and Class 3--Turbine engines.
When the FAA established the current Powerplant rating,
reciprocating radial engines that produced more than 400 horsepower
powered nearly all large aircraft. These engines differed substantially
from the horizontally-opposed reciprocating engines with less than 400
horsepower that manufacturers used to power general aviation aircraft.
In 1941 (which was when the repair station ratings were originally
developed), horsepower evaluations were the most common of the methods
available to determine the complexity of engines.
Today, this methodology is antiquated and adds no value to the
Powerplant rating. It is possible for small horizontally-opposed
reciprocating engines to produce more than 400 horsepower. Further,
most modern transport category aircraft now have turbine engines, while
manufacturers no longer produce high horsepower radial engines. This is
the exact opposite of what was in place when the FAA established the
current Powerplant rating (i.e., manufacturers were just beginning to
use turbine engines on civil aircraft). Therefore, separate classes for
reciprocating engines are no longer useful.
Under the proposed Powerplant rating, the FAA intends to establish
four categories:
Category 1: Reciprocating engine.
Category 2: Turbine engine.
Category 3: Auxiliary Power Units (APU).
Category 4: All other powerplants.
Reciprocating engines would be grouped into one category regardless
of the horsepower generated. Turbine engines would continue to be
grouped into one category. Since reciprocating and turbine engines do
not cross technological boundaries, the FAA believes the two categories
sufficiently capture the types of engine work that a repair station may
perform.
A new category for APUs is proposed because they have evolved into
a specialized technology in the powerplant arena. An APU refers to any
gas turbine-powered unit delivering rotating shaft power or compressed
air, or both, that is not intended for propelling aircraft. APUs often
drive aircraft generators and air-conditioning packs. APUs also can be
used as an extra source of energy to start the primary aircraft
engines. The design configurations of some aircraft rely on an APU for
provisional back-up electrical power in flight if the primary power
sources fail.
The fourth category, All other powerplants, would be created to
allow growth within the Powerplant rating for any other powerplant
units not commonly used in aircraft today, such as solely electric
engines.
Under the proposed rating system, a repair station holding a new
Powerplant rating could perform maintenance, preventive maintenance,
and alterations of the powerplant and associated articles that are
necessary for the powerplant to operate properly.
An application for the proposed Powerplant rating would have to
include a list of the make, model, or series of all aircraft engines
and APUs that the repair station intends to maintain. This is a marked
change for current powerplant class rated repair stations.
As was the case with the proposed Airframe rating, the FAA is
proposing to use the term ``category'' as a replacement for the term
``class.''
c. Propeller Rating (Current Sec. 145.59(c)/Proposed Sec.
145.1059(c))
Under the current regulations, the Propeller rating has two
classes. Class 1 covers fixed-pitch and ground-adjustable propellers of
wood, metal, or composite construction. All other propellers, by make,
fall under Class 2.
This distinction is based on the different levels of complexity
between a propeller with no moving parts and a propeller with a
mechanical system that controls the pitch of the propeller while
operating. Aircraft with small
[[Page 30059]]
reciprocating engines generally have fixed-pitch propellers, while
aircraft with high horsepower engines have variable-pitch propellers.
Although varying levels of complexity exist for propellers, most repair
stations performing maintenance on propellers hold both class ratings.
As was the case with the current Airframe rating, the use of a
propeller's composition as a basis to classify propellers has lost its
usefulness.
The proposed Propeller rating would be structured to categorize
propellers by complexity of designs and would no longer refer to the
composition of a propeller as a method of categorization. The proposed
structure of the Propeller rating is:
Category 1: Fixed-pitch and ground-adjustable propellers.
Category 2: Variable-pitch propellers.
Category 3: All other propellers.
The proposed Propeller rating would permit a repair station to
perform maintenance, preventive maintenance, and alterations on
propellers and their respective individual component parts that are
necessary for the propellers to operate. Examples of these propeller
component parts would be propeller blade pitch controls, governors,
pitch change assemblies, pitch locks, mechanical stops, and feathering
system components. The proposed Propeller rating does not include main
and auxiliary rotors (Airframe rating required) or rotating airfoils of
aircraft engines (Powerplant rating required).
An application for the proposed Propeller rating would have to
include a list of the make, model, or series of all propellers that the
repair station intends to maintain.
As was the case with the proposed Airframe and Powerplant ratings,
the FAA is proposing to use the term ``category'' as a replacement for
the term ``class.''
d. Component Rating (Proposed Sec. 145.1059(d))
The current Radio rating (Sec. 145.59(d)) consists of three
classes: Class 1--Communication equipment, Class 2--Navigation
equipment, and Class 3--Radar equipment. In its report, ARAC indicated
that technological advances in avionics have led to much controversy
over this categorization of equipment. ARAC noted that modern avionics
equipment typically integrates communication and navigation functions
into a single avionics appliance. Radar and radio equipment that
operate using pulse technology also serve communication and navigation
functions. As such, repair stations performing work on avionics
equipment often hold a Radio rating with all three of the classes.
The current Instrument rating (Sec. 145.59(e)) consists of four
classes: Class 1--Mechanical, Class 2--Electrical, Class 3--Gyroscopic,
and Class 4--Electronic. These classes were established based on the
technology available at the time. However, most instruments currently
operate using a combination of these technologies. These class
distinctions are no longer appropriate.
The current Accessory rating (current Sec. 145.59(f)) has three
classes. Class 1 is mechanical accessories that depend on friction,
hydraulics, mechanical linkage, or pneumatic pressure for operation.
Class 2 is electrical accessories that depend on electrical energy for
their operation and generators. Class 3 is electronic accessories that
depend on the use of an electron tube, transistor, or similar device.
Similar to the Instrument rating, the classes for the Accessory rating
identify the article's principle of operation. Many articles maintained
under this rating use a combination of principles, thus requiring
repair stations to hold all the class ratings for an Accessory rating.
The classes defined in Sec. Sec. 145.59(d), (e), and (f) are
essentially the same as when they were implemented in 1941. The
technological advances in radios, instruments, and accessories have
often combined many of the functions and modernized the construction of
the articles detailed in these classes. Under oo current rule, repair
stations may not be able to categorize properly the articles on which
they desire to perform maintenance. Therefore, repair stations may be
required to possess tools and equipment that are either antiquated or
not available.
The FAA is proposing a new Component rating to replace the Radio,
Instrument, and Accessory ratings. The proposed Component rating would
allow repair stations to perform maintenance, preventive maintenance,
and alterations on various components and related articles that are not
installed on an airframe, powerplant, or propeller. The various
components and articles that are currently included in a Radio,
Instrument, or Accessory class rating would be absorbed into the
Component rating. A repair station with a Component rating would be
required to have an Airframe, Powerplant, or Propeller rating with
limitations to install components or appliances. The FAA believes that
the comments generated in previous rulemaking attempts are being
addressed by this proposed rating. The Component rating would open
opportunities for repair stations to have numerous components listed on
their operations specifications, thus generating more work and revenue.
An application for the proposed Component rating would have to
include a list of the components that the repair station intends to
maintain.
e. Specialized Service Rating (Proposed Sec. 145.1059(e))
The FAA is proposing a new rating, called Specialized Service, to
address what is currently listed as specialized services functions of a
limited rating. This rating would be different from the other ratings
in that it focuses on the maintenance being performed rather than the
article being maintained. A repair station with a Specialized Service
rating could perform a specialized maintenance function that might
apply across multiple other ratings.
The proposed Specialized Service rating is substantially the same
as the existing limited rating for specialized services in Sec.
145.61. The Specialized Service rating would allow a repair station to
perform a specific and unique function associated with the maintenance,
preventive maintenance, or alteration of an article. The repair
station's operations specifications would list the Specialized Service
rating and the specification used in performing that specialized
service. The specification could be a military, industry, or applicant-
developed specification that was approved by the FAA. Examples of
specialized services would include, but not be limited to, non-
destructive testing or inspection, welding, heat-treating, plating, and
plasma spraying.
If specialized service functions are contained within a repair
station's existing ratings, the repair station would not require an
additional rating to perform that service. For example, if an Airframe
rated repair station has the in-house capability to perform x-ray
inspections in accordance with the airframe Instructions for Continued
Airworthiness, it would not need to have a Specialized Service rating
to perform that function on an airframe for which it is already rated.
As is the case with the current limited specialized service rating,
this rating could enhance the capabilities of some repair stations that
are limited by the article-based rating they possess. This individual
rating would allow a repair station to perform the maintenance function
outside of its article-based rating--to specialize in a particular
maintenance function without being required to hold an Airframe,
[[Page 30060]]
Powerplant, Propeller, or Component rating to perform the service.
An application for the proposed Specialized Service rating would
have to include a list of the services, with associated specifications,
that the repair station intends to provide.
f. Limitations to Ratings (Current Sec. 145.61/Proposed Sec.
145.1061)
Section 145.61 provides for limited ratings based on a repair
station performing maintenance, preventive maintenance, or alterations
on a particular make or model of aircraft, powerplant, propeller,
radio, instrument, accessory, or part thereof, and for performing
specialized maintenance.
The FAA is proposing that limited ratings no longer be issued.
Proposed Sec. 145.1061 would more accurately detail the FAA's current
practice of issuing limitations to the rating of a certificated repair
station. For example, if a repair station intends to perform only
interior configuration work or aircraft painting, the FAA would issue
the repair station a limitation to its Airframe rating and list that
limitation on the repair station's operations specifications. The
repair station's operations specifications would specify the rating to
which the limitation applies in sufficient detail to describe the
maintenance capabilities of the repair station.
The FAA believes that the ability to place limitations when
necessary on a repair station's rating is essential to accurately
reflect the repair station's capabilities. Currently, a repair
station's operations specifications contain provisions for this
purpose. This proposed change would add regulatory language to control
what has historically been an essential part of the rating system.
3. Certification Requirements
Several areas within subpart B (Certification) of part 145 have,
over time, caused confusion in the industry and within the FAA. Changes
within this subpart are needed to clarify existing regulatory language
and, in some cases, create regulatory language where essential
practices have long been imposed through FAA guidance. Changes are also
needed in this subpart to align language with other proposed section
changes contained in this NPRM. In addition, this NPRM contains a
proposal to allow for certification denial when certain enforcement
history exists.
a. Application for Certificate--Items Required (Current Sec.
145.51(a)/Proposed Sec. 145.1051(a))
Current Sec. 145.51(a) details, and Sec. 145.1051(a) proposes to
detail, those items that must be included in an application for a
repair station certificate and rating.
The FAA proposes to add a provision that would require an initial
applicant for a repair station certificate to provide the FAA with a
letter outlining how the applicant will comply with each section of
part 145 (see proposed Sec. 145.1051(a)). The FAA refers to this as a
``letter of compliance.'' Under longstanding FAA policy and practice,
applicants have provided this letter in the past. Since this letter has
long been an essential part of the application process, the FAA
believes it appropriate to propose a regulatory basis for it. Also,
because applicants have been providing these letters by policy, the FAA
believes no additional cost would be incurred.
Current Sec. 145.51(a)(1) requires that an application for a
repair station certificate include a repair station manual acceptable
to the FAA as required by current Sec. 145.207, and Sec. 145.51(a)(2)
requires that the application include a quality control manual
acceptable to the FAA as required by current Sec. 145.211(c). These
requirements are found in proposed Sec. Sec. 145.1051(a)(2) and
(a)(3), respectively. The FAA is also proposing in Sec. 145.1051(a)(3)
that the repair station manual and the quality control manual may be
contained in the same document if they are clearly identified.
Currently, an applicant is required to provide a list by type,
make, or model of each article for which the application is made (Sec.
145.51(a)(3)). This requirement is not explicitly linked to the rating
system found in Sec. 145.59. The FAA proposes to revise this
requirement (in proposed Sec. 145.1051(a)(4)) to specifically
reference the rating system (as found in proposed Sec. 145.1059). This
would help the applicant better understand the certification
requirements and align the information provided at the time of
application with the actual ratings allowed through the regulation. The
FAA does not anticipate that this change would burden current repair
stations, and it would ensure that applicants submit the necessary
information without adding new requirements.
As repair stations have become larger and more complex, it is
apparent that identification of the principal repair station location
has often become difficult to ascertain for the public as well as for
the FAA. This has made it difficult for the FAA to fulfill its
obligation to provide appropriate oversight. Current Sec. 145.51(a)(5)
requires an applicant to provide a description of its housing and
facilities, in accordance with Sec. 145.103. The FAA is proposing
clarifying language in Sec. 145.1051(a)(6) that would require the
applicant to identify all facilities that will make up the repair
station at the time of application.
The FAA is not proposing changes to the requirements in current
Sec. Sec. 145.51(a)(4), (6) and (7). However, in proposed subpart G,
these requirements would be found in proposed as Sec. Sec.
145.1051(a)(5), (7) and (8) respectively.
b. Application for Certificate--Appropriate Equipment (Current Sec.
145.51(b)/Proposed Sec. 145.1051(b))
Current Sec. 145.51(b) requires that the equipment, personnel,
technical data, and housing and facilities required for the certificate
and rating, or for an additional rating, must be in place for
inspection at the time of certification or rating approval by the FAA.
This section also states that an applicant may meet the equipment
requirement if it has a contract acceptable to the FAA with another
person to make the equipment available to the applicant at the time of
certification and at any time it is necessary when the relevant work is
being performed by the repair station.
This provision was included for the first time in the 2001 final
rule in response to comments received on the 1999 NPRM. The commenters
expressed concerns that the requirement to have all the equipment in
place at the time of certification would be unnecessarily burdensome.
Others noted that it is important only that the equipment be in place
when it is needed to perform the work. Similarly, commenters opposed
the requirement in then proposed Sec. 145.111 (Equipment and material
requirements) that would have required repair stations to have, located
on the premises and under their full control, the equipment and
material necessary to perform the maintenance appropriate to their
ratings. They said the requirement would preclude repair stations from
renting or leasing equipment. The commenters also noted that a renting
or leasing option would be particularly important for expensive, rarely
used tools.
In response to those comments, the FAA revised the text in Sec.
145.51(b) to permit an applicant for a repair station certificate to
meet the equipment requirement by having a contract acceptable to the
FAA that would ensure the equipment would be
[[Page 30061]]
available when the relevant work is performed. Agreeing with the
commenters' concerns over the burden of having to purchase expensive,
rarely used tools to have in place during initial certification, the
FAA stated that its new contract provision ``will accommodate those
repair stations that do not plan to purchase expensive equipment that
may not be used regularly'' (66 FR 41095, August 6, 2001). The preamble
discussion, however, noted that the provision did not relieve an
applicant from having the equipment in place and available for
inspection at the time of certification. While recognizing that, under
this provision, an applicant need not physically retain the equipment
after certification, the FAA found it necessary that each applicant
have the equipment in place during the certification process. During
the certification inspection, the FAA could ``observe the placement of
the equipment, whether the equipment works, and whether the applicant
can use the equipment properly.'' Id.
Similarly, in response to the comments on proposed Sec. 145.111,
the FAA revised the text (now found in Sec. 145.109) to provide that:
``The equipment, tools, and material must be located on the premises
and under the repair station's control when the work is being done.''
This change also accommodated the commenters' concerns about not having
to purchase expensive, seldom used equipment to have permanently in
place when they could instead obtain it through contract when needed.
These issues were discussed in the 2006 NPRM, when the FAA
addressed and attempted to clarify what it termed was an ambiguity in
the existing text. The preamble stated that this ``ambiguity results
from the phrase specifying that the equipment requirement could be met
`if the applicant has a contract acceptable to the FAA with another
person to make the equipment available to the applicant at the time of
certification' '' (71 FR 70256, Dec. 1, 2006 (emphasis in original)).
The FAA noted the possibility of inconsistent application of this
provision by different FAA inspectors. For example, one inspector might
require all of the equipment to be placed on site for initial
inspection, and another might only review the contract. Noting that the
safety basis for the equipment requirement is that the equipment be in
place when the work is being performed, the FAA proposed revised text
in the 2006 NPRM to clarify that the requirement for initial
certification could be met by a contract to make the equipment, tools,
and test apparatus available to the repair station at any time it is
necessary when the relevant work is being performed.
The FAA has reconsidered this issue and has determined that the
``clarification'' proposed in the 2006 NPRM was not entirely consistent
with the underlying purpose of the provision published in the 2001
final rule. As noted above, the 2001 preamble supported the change to
allow contracting for equipment availability by noting that it would
``accommodate those repair stations that do not plan to purchase
expensive equipment that may not be used regularly.'' The preamble also
made clear that the new provision did not relieve an applicant from
having the equipment in place and available for inspection at the time
of certification. Thus, the clarification offered in the 2006 NPRM was
not in full accord with the agency's intent set forth in the 2001
preamble, which would have required applicants to have basic equipment
in place for inspection.
The FAA believes it should not grant a repair station certificate
to an applicant with a virtually empty building based merely on a
showing it can get the required equipment by contract when needed.
Therefore, the FAA proposes to change the rule to remove any ambiguity
by requiring the repair station to meet the equipment requirements of
proposed Sec. 145.1051 by having the equipment available for
inspection at certification. The repair station would not need to own
the equipment but would be required to present the equipment during
certification and have it available thereafter.
The FAA also proposes to clarify the scope of the kinds of items a
repair station must have for initially obtaining certification by
adding both tools and test apparatus to the list of items a repair
station must have on site. While the term ``equipment'' could be
interpreted to include many examples of each, adding the term ``tools''
to the regulation would ensure that an applicant for a repair station
certificate also have on site certain tools necessary for the rating
sought that individual mechanics or repairmen might not possess. This
might include tools that are of a specialized nature for the rating or
other tools that might be too large or expensive, or of a limited
specialized nature. For the same reasons, and for consistency with the
requirements of Sec. 43.13(a), the FAA proposes to add ``test
apparatus'' to the list of items a repair station must have in place
for inspection at the time of initial certification or rating approval.
c. Application for Certificate--Repair Stations Outside the United
States (Current Sec. 145.51(c)/Proposed Sec. 145.1051(c))
Current Sec. 145.51(c) requires an applicant for a certificate for
a repair station located outside the United States to show the
certificate and/or rating is necessary for maintaining or altering
certain aircraft and articles. The result of this language
unintentionally requires the repair station applicant to maintain both
aircraft and articles. The FAA proposes to change the word ``and'' to
the less restrictive ``or'' in proposed Sec. 145.1051(c).
d. Application for Certificate--Denial (Proposed Sec. 145.1051(e))
The 2006 NPRM proposed that the FAA could deny an application for a
repair station certificate if the applicant previously held a repair
station certificate that had been revoked or if the applicant or
certain key individuals who would exercise control over the new repair
station had materially contributed to the circumstances that resulted
in a prior repair station certificate revocation action. This is
similar to the current authority contained in part 119 authorizing the
FAA to deny applications for air carrier and commercial operator
certificates. The commenters who opposed this proposal stated it was
too open-ended and that it would be impossible to maintain a tracking
list of disqualifying individuals.
At the present time, the FAA is not planning to maintain a tracking
list of individuals who might be disqualified under this section. The
agency is, however, planning to add a question to the repair station
application inquiring into the disqualifying criteria set forth in this
section, e.g., whether the applicant held a repair station certificate
that had been revoked or that is in the process of being revoked. A
truthful answer here would be imperative in view of proposed Sec.
145.1012, because an intentionally false answer to the question could
result in the suspension or revocation of any FAA-issued certificate
held by that applicant.
While the FAA understands the concerns of the commenters, the
agency believes this requirement should be implemented to address
safety concerns. For example, a chief inspector from a repair station
that lost its certificate for serious maintenance-related safety
violations applied for and received a new repair station certificate.
That individual also became the chief inspector at the newly
certificated repair station. While under the chief
[[Page 30062]]
inspector's direction, employees of the newly certificated station
performed improper maintenance on a number of propellers, one of which
came apart in flight causing a fatal accident.\8\
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\8\ As a result of this incident, the NTSB, in a safety
recommendation dated February 9, 2004 (A-04-01 and A-04-02),
expressed concern that the FAA did not have a mechanism for
preventing individuals who were associated with a previously revoked
repair station from continuing to operate through a new repair
station.
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The FAA already has such a mechanism in place for air carriers and
commercial operators. Section 119.39(b) allows the FAA to deny an
application for a part 121 or 135 air carrier certificate or operating
certificate based on prior relevant enforcement action. The FAA can
deny certification to an applicant who is substantially owned by (or
intends to fill a management position with) an individual who had a
similar interest in a certificate holder whose certificate was (or is
being) revoked when that individual materially contributed to the
circumstances causing the revocation process.
The FAA proposes new language (in Sec. 145.1051(e)) to detail
conditions under which a person may be denied a repair station
certificate. The changes the FAA propose are based to a large extent on
the language contained in Sec. 119.39(b). The FAA's proposal would
authorize the agency to deny a repair station application if:
The applicant previously held a repair station certificate
that was revoked.
The applicant intends to fill or fills a management
position with an individual who exercised control over or who held the
same or a similar position with a certificate holder whose repair
station certificate was revoked, or is in the process of being revoked.
That individual must have materially contributed to the circumstances
causing the revocation or causing the revocation process.
An individual who would hold a management position
previously held a management position with a certificate holder whose
repair station certificate was revoked, or is in the process of being
revoked. The individual must have materially contributed to the
circumstances causing the revocation or causing the revocation process.
An individual who would have control over or substantial
ownership interest in the applicant had the same or similar control or
interest in a certificate holder whose repair station certificate was
revoked, or is in the process of being revoked. That individual must
have materially contributed to the circumstances causing the revocation
or causing the revocation process.
The current regulations (Sec. 145.55(a)) contemplate the holder of
a repair station certificate voluntarily surrendering the certificate
to the FAA, in which case it would cease to be effective. This
voluntary surrender provision is sometimes abused in an attempt to
thwart an ongoing investigation. The FAA is aware that sometimes after
an enforcement investigation has commenced, the certificate holder will
attempt to surrender the certificate as a means of stopping the
enforcement action. It is the FAA's policy, however, not to accept the
voluntary surrender of a certificate in those circumstances. The FAA's
Compliance and Enforcement Program (FAA Order 2150.3B at Ch 5, Para.
10(b)) instructs FAA investigative personnel to refuse the voluntary
surrender of a certificate if it appears the surrender is being
attempted to avoid a certificate action. In those cases, the
investigative personnel are to continue with the investigation and
recommend enforcement action, if appropriate. As discussed in paragraph
f (Duration and Renewal of Certificate (current Sec. 145.55/proposed
Sec. 145.1055)) below, the FAA is proposing to amend the text
currently in Sec. 145.55 to add a new condition to the certificate
surrender provision--that acceptance for cancellation by the FAA of a
certificate offered for surrender is necessary to render the
certificate no longer effective. This change would highlight and
provide additional notice to the holders of repair station certificates
of the FAA's policy against potential violators merely surrendering
their certificates to avoid enforcement action. Unless the FAA accepted
the certificate for surrender, it would remain effective for
administrative and enforcement purposes, even if the certificate holder
ceased operations. Accordingly, in the event of an enforcement action
that might result in the suspension or revocation of a repair station
certificate, the enforcement process could continue and, in the case of
a revocation, a record would exist to support the certificate denial
provisions proposed in this paragraph.
The FAA recognizes that the proposed language does not contain an
appeal or reconsideration procedure. This is because a process already
exists in current Sec. 13.20, which addresses, among other things,
orders of denial. Paragraph (b) of that section provides, in pertinent
part, that unless an emergency exists requiring the immediate issuance
of an order of denial, the affected person (the applicant) must be
provided with notice prior to issuance of an order of denial. Paragraph
(c) further provides that, within 30 days after service of the notice,
the affected person may reply in writing or request a hearing in
accordance with subpart D of part 13. Subpart D of part 13 provides the
Rules of Practice for FAA Hearings. Thus, applicants who are denied a
repair station certificate would be provided with appropriate due
process through the means of an evidentiary hearing.
e. Issue of Certificate (Current Sec. 145.53/Proposed Sec. 145.1053)
Current Sec. 145.53(a) states that, subject to three exceptions, a
person who meets the requirements of part 145 is entitled to a repair
station certificate with appropriate ratings prescribing such
operations specifications and limitations as are necessary in the
interest of safety. Since proposed Sec. 145.1051 would provide a
mechanism for the FAA to deny a certificate, an applicant would no
longer be ``entitled'' to a certificate.
The FAA is proposing in Sec. 145.1053(a) that an applicant could
be found ``eligible to be issued'' a certificate. This proposed change
is consistent with other certification requirements, such as in parts
121 and 135, where the FAA has the authority to deny a certificate. In
addition, the FAA proposes to remove the three exceptions from this
paragraph as they refer to additional requirements for particular
applicants, not exceptions to the eligibility requirements.
Section 145.53(b) sets forth the procedure to certify repair
stations located in a country with which the United States has a
bilateral aviation safety agreement. This procedure is based on the
certification from the civil aviation authority of the country that the
applicant meets the requirements of part 145.
The FAA must consider that the United States may enter into a
bilateral agreement with a civil aviation authority other than a
national aviation authority. This situation already exists in Europe.
The European Union formed the European Aviation Safety Agency (EASA) to
carry out those civil aviation safety functions that were previously
the domain of national aviation authorities.
Therefore, the FAA is proposing in Sec. 145.1053(b) to allow the
FAA to certify a repair station outside the U.S. based on a
certification from an authority acceptable to the FAA. This change
would allow the FAA to make the finding based on a recommendation from
a national aviation authority, EASA, or any other EASA-like entity that
may be created in the future.
[[Page 30063]]
f. Duration and Renewal of Certificate (Current Sec. 145.55/Proposed
Sec. 145.1055)
As discussed in paragraph d (Application for Certificate--Denial
(proposed Sec. 145.1051(e)) above, the FAA has experienced instances
in which a certificate holder surrendered its certificate to the FAA in
order to stop an investigation that the holder suspected would lead to
an FAA order suspending or revoking the certificate because of known or
suspected serious violations of the regulations. In the case of a
repair station, the holder of a repair station certificate could
attempt to take advantage of the provision in current Sec. 145.55,
regarding surrender of the certificate. Upon surrender the certificate
would no longer be effective, and there would be no certificate that
could be suspended or revoked. This is an abuse of the surrender
provision, as it was never intended as a device to stop an
investigation and possible enforcement proceeding. In proposed Sec.
145.1055, the FAA would add a new condition to rendering a surrendered
certificate ineffective. Under the proposal, a surrendered certificate
would remain effective unless the FAA accepted it for cancellation.
As the discussion in paragraph d points out, the FAA's Compliance
and Enforcement Program (FAA Order 2150.3B at Ch 5, Para. 10(b))
instructs FAA investigative personnel to refuse the voluntary surrender
of a certificate if it appears the surrender is an attempt to avoid a
certificate action. The amendment proposed here would provide
additional notice to all holders of repair station certificates that
successfully surrendering a repair station certificate for cancellation
requires not only the offer of surrender, but also the FAA's acceptance
of that offer. As we noted above, unless and until the FAA accepts for
cancellation a surrendered certificate, the certificate would remain
effective for administrative and enforcement purposes, even if the
holder ceased operations.
Current Sec. 145.55(c) sets forth what a certificated repair
station located outside the United States must provide to renew its
certificate. In addition to the items listed in that provision, a
certificated repair station located outside the United States must pay
a fee for service as a condition for renewal. The requirement to pay
this fee as part of the renewal application is not in Sec. 145.55(c)
even though it is a requirement found in 14 CFR part 187. The FAA is
proposing in Sec. 145.1055(c)(3) that, as a condition of renewal, the
fee prescribed by the FAA has been paid.
g. Capability List (Current Sec. 145.215/Proposed Sec. 145.1215)
During the repair station certification process, an applicant's
ratings are established following a demonstration to the FAA that the
applicant is capable of performing maintenance on specific articles.
Following certification, the FAA expects that a repair station
continues to manage and control its capabilities on each individual
article it maintains. This is accomplished by the repair station
ensuring that it has, for example, trained personnel, and the necessary
data, facilities, and equipment.
Under the current Limited rating, a repair station is required to
document each article it maintains on either a capability list, or on
the repair station's operations specifications. For Class ratings, the
FAA assumes that a repair station, using its own methods, manages its
capabilities with the same level of detail (although this is not
required). Under this Class rating system, what an individual repair
station is actually capable of maintaining is for the most part known
only to the repair station and the individual FAA principal
inspector(s) assigned to manage that repair station's certificate.
The FAA believes it is critical that both a repair station and the
FAA are able to identify the actual certified capabilities of that
repair station at any given time. It is important that the actual
capabilities of a repair station are documented and that the
documentation is current. The 2006 NPRM was not clear as to how the
articles should be listed on the capability list. The FAA is proposing
to define what is required on the capability list by adding two terms.
The first, ``series as applicable,'' would recognize that not all
models have series. The second, ``basic part number,'' would be added
to clarify that it is not necessary to list each model or part ``dash
number.'' The requirements for identifying articles on the capabilities
list would provide clarity, consistency, and flexibility.
If the repair station chooses to use a capability list, the
proposed rule would require that it identify each airframe, powerplant,
or propeller by manufacturer, model, and series as applicable. For a
component rating, the proposed rule would require that the list
identify each component for which the repair station is rated by
manufacturer, manufacturer-designated nomenclature, and basic part
number.
Currently, it is required that this level of documentation exists
for each repair station with a Limited rating. The documentation is
either on a capability list or listed on the repair station's
operations specifications. For all ratings under the current rule,
including Class ratings, a repair station must ensure that it has the
housing, facilities, equipment, material, technical data, and trained
personnel in place prior to performing maintenance on an article. To
make this determination today, a repair station must be aware of the
manufacturer, model, series, nomenclature, and basic part number, for
example, of each article it wishes to maintain. Otherwise, the repair
station would not know what data to obtain, what subjects to train
personnel in, and what equipment to purchase.
The current practice of issuing Class ratings was found to have
limitations and unforeseen consequences that were not apparent until
the advent of new technology components and aircraft. Class ratings
entitled repair stations to work on articles neither they nor the FAA
ever envisioned would exist at the time the rating was issued. That the
repair station would limit itself from working on certain articles for
which it was not fully capable essentially provided, in effect, a
limited Class rating. This proposed rule would eliminate Class ratings
and require the ``writing down'' of this identifying information in a
standard format for all repair stations. From this perspective, the FAA
believes the burden on the industry would be an administrative one, in
particular for those currently holding a class rating. However, the
burden should be, for the most part, limited to the onetime transfer of
the capability list to a standard format acceptable to the FAA. The FAA
requests specific comments, observations, and suggestions regarding the
elimination of class ratings.
To ease this burden and to standardize the method used to document
capabilities, the FAA may develop a web-based capability list. The FAA
believes that an FAA-hosted automated capability list, if created,
should have a positive impact on FAA staff and resources. Currently, a
certificated repair station with a Limited rating has the option to
list the articles for which it is rated on a capabilities list, and to
expand that list through a self-evaluation process. Under this proposed
rule, all repair stations could proceed in one of two ways to add an
article to their capabilities list. First, a repair station could
submit a request to the FAA for approval. The request would have to
document that the repair
[[Page 30064]]
station is capable of performing the requested work--it would have to
demonstrate that it has the technical data, housing, facilities,
equipment, material, processes, and trained personnel to perform the
work on the article for which it seeks approval. Second, either during
the repair station's initial application process, or later through an
amendment to its operations specifications in accordance with proposed
Sec. 145.1058, the repair station could seek a general authorization
in its operations specifications to perform a self-evaluation each time
it wishes to add an article to its capabilities list. Similar to the
criteria used in the individual request to the FAA method discussed in
option one, the self-evaluation would be done to determine that the
repair station has the technical data, housing, facilities, equipment,
material, processes, and trained personnel to perform the work on the
article it wishes to add to its capabilities list. If the self-
evaluation determines that those criteria are met, the repair station
could add the article without specific FAA approval.
The FAA considers the capabilities list self-evaluation process to
be similar in concept to the self-evaluation process expected under the
current Class ratings system. Both processes allow for a repair station
to add to its capabilities list independent from FAA review. It is not
the FAA's intent to reduce this flexibility with this proposed rule.
However, under the current rule, Class ratings should not be authorized
unless the repair station can prove the capability to maintain a
representative number of products under the rating. Unlike the Class
rating which considers a repair station's ability to maintain a range
of product models, the proposed capability list self-evaluation
authorization would take into account the adequacy of a repair
station's quality control system to control the expansion of its
capabilities independent from FAA review. A risk-assessment process
would be used by the FAA to evaluate a new repair station applicant's
ability to manage a self-evaluation program. Existing repair stations
using a capability list and those with Class ratings could be
authorized to perform self-evaluations for future capability changes
and would not be required to reapply for this authorization. During the
24 months of the transition period, there would be no requirement for
existing repair stations to perform self-evaluations on their current
capabilities beyond what is contained in their current procedures.
Proposed Sec. 145.1215(f) would require each repair station with a
capability list to review its capabilities at least every two years,
and to remove any article from the list that it is no longer capable of
maintaining. The FAA believes this is a necessary quality element to
ensure a repair station's capability list continually reflects its
actual repair station capabilities.
h. Contract Maintenance (Current Sec. 145.217/Proposed Sec. 145.1217)
The FAA placed this section, Contract Maintenance, under the
discussion of the proposed certification requirements because a repair
station's contracting capability must be understood and evaluated
during the certification of the repair station.
With the exception of a new paragraph (b)(4), and an expansion of
the restrictions in paragraph (c), the proposed changes in this section
are made to clarify the intent of the current rule. As in the current
rule, proposed Sec. 145.1217(a) allows a repair station to contract a
``maintenance function'' to an outside source provided certain
conditions are met. Much confusion exists around the term ``maintenance
function'' and when FAA approval is required when a repair station
contracts such a function to an outside source.
The FAA does not approve who a certificated repair station
contracts with. While this information must be maintained and made
available to the FAA, each repair station is free to choose with whom
it contracts. However, the rule currently requires, and this proposed
rule would continue to require, that the FAA approve the maintenance
function to be contracted. The basis of this requirement extends back
to the original certification of the repair station. When an applicant
applies for a rating, the applicant must declare what functions within
the rating the repair station will contract out.
For example, an applicant for a Component rating to overhaul a
specific fuel pump model may not be capable of rewinding armatures and
may plan to contract this function out. Although the Component rating
is a blanket authorization to overhaul the pump, the applicant has
formally declared what functions within the rating it will contract
out--in this case, armature rewinding. Another example would be an
applicant for an Airframe rating who does not plan on developing
capabilities for component overhaul and repair. The function contracted
out would be component overhaul and repair. Proposed Sec. Sec.
145.1217(a)(1) and 145.1209(e)(5) would continue to require the
certificated repair station to maintain this contracted function
information for the duration of the repair station certificate.
The overriding intent of current Sec. 145.217(a)(1), and proposed
Sec. 145.1217(a)(1) is not for the FAA to restrict the ability of a
repair station to contract out maintenance, but rather to ensure the
repair station's capabilities are clearly stated at all times.
Nevertheless, as currently provided in Sec. 145.217(c) and in proposed
Sec. 145.1217(c), the FAA will not approve the contracting out of all
maintenance functions encompassed in the repair station's rating. Such
a practice would effectively render the part 145 certificate
meaningless.
Clarification is needed as to what is not contract maintenance.
Part 145 does not regulate the ``brokering'' of a complete article by a
repair station. If a repair station is not exercising the privilege of
its certificate, it is not contracting a maintenance function as
covered by the proposed rule. A repair station can, as can any other
certificated or noncertificated person, receive, ship, arrange for
maintenance, or act as agent in the brokering of maintenance for others
without being considered to be contracting maintenance. When a repair
station exercises the privilege of its certificate by engaging in
maintenance for which it is rated, and then initiates the involvement
of another person in that maintenance, the repair station is engaging
in contract maintenance.
For example, if a repair station with an Airframe rating removes an
engine and ships the engine to a repair station with a Powerplant
rating, it is not engaging in contract maintenance because it is not
rated to perform powerplant maintenance. However, if during inspection
it discovers a damaged engine mount, and subsequently sends the engine
mount to another repair station or noncertificated facility for a weld
repair and approves the work for return to service, it would be
contracting maintenance under the repair station rating (see proposed
Sec. 145.1217). The repair station is contracting maintenance because,
under its rating, it is authorized to do the work and approved it for
return to service. Therefore, the repair station is exercising the
privilege of its certificate in performing maintenance and it is rated
for the weld repair by virtue of its Airframe rating.
Throughout Sec. 145.217, the terms ``outside source'', ``outside
facility'', and ``facility'' are used interchangeably. These terms are
undefined and subject to inconsistent usage and confusion. For
consistency and to eliminate confusion, the FAA proposes to replace
these
[[Page 30065]]
undefined terms in proposed Sec. 145.1217 with the term ``person,''
which is defined in Sec. 1.1.
The FAA is proposing in Sec. 145.1217(b)(1) to add a reference to
the quality control system procedures proposed in Sec.
145.1211(c)(1)(vi) to emphasize that the quality control system of each
noncertificated person with whom a repair station contracts a
maintenance function must be equivalent to its own. The contracting
repair station must physically observe the quality control system of
each noncertificated person with whom it wishes to contract and
determine that it meets this standard before any maintenance is
performed by that person.
The FAA is also proposing a new provision (Sec. 145.1217(b)(4)) to
the contracting rule to emphasize specifically that the personnel
requirements set forth in proposed Sec. 145.1151(c) apply when
maintenance is contracted to a noncertificated person. Current Sec.
145.151(c) provides that each repair station must ensure that it has a
sufficient number of qualified employees to ensure all work is
performed in accordance with part 43. While it is implicit in that rule
that those personnel requirements apply when work is contracted to
noncertificated persons (because the contracting repair station is
responsible for determining the airworthiness of articles before
approving them for return to service), the FAA is proposing for clarity
to add a phrase in proposed Sec. 145.1151(c) specifically referring to
work contracted to a noncertificated person.
To adequately perform the surveillance and verification
requirements of Sec. 145.1217(b), a certificated repair station would
need a sufficient number of employees with the training or knowledge
and experience in the maintenance function performed by the
noncertificated person. This is necessary to assess the noncertificated
person's ability to correctly perform the work and the proper
completion of the work. In contracting a maintenance function to a
noncertificated person, a repair station is not absolved from having
corporate technical knowledge of the work performed under its rating.
If it is not able to ensure such knowledge base in its employees, a
repair station must be limited from, and broker the maintenance
function to, a person appropriately certificated to perform and approve
the work for return to service.
4. Repair Stations Providing Maintenance for Air Carriers (Current
Sec. 145.205/Proposed Sec. 145.1205)
Current Sec. 145.205 contains, and proposed Sec. 145.1205 would
contain, the regulations covering maintenance, preventive maintenance,
and alterations performed for certificate holders under parts 121, 125,
and 135, and for foreign air carriers or foreign persons operating
U.S.-registered aircraft in common carriage under part 129.
a. ``Applicable Sections'' of a Maintenance Manual (Current Sec.
145.205(a)/Proposed Sec. 145.1205(a))
Currently, Sec. 145.205(a) states that a repair station working
for an air carrier or a commercial operator that has a continuous
airworthiness maintenance program under part 121 or part 135 must
follow the carrier's or commercial operator's program and ``applicable
sections of its maintenance manual.'' Before the 2001 final rule, Sec.
145.2 specified the additional requirements for repair stations
performing maintenance work for air carriers or commercial operators
under the continuous airworthiness requirements of parts 121 and 127
and for airplanes under the inspection program required by part 125.
The FAA believed that parts of the regulation were difficult to follow
because, for example, it required repair stations to comply with
identified subparts, e.g., ``subpart L of part 121'' (except for
certain specified sections). In an attempt at clarity, in the 1999 NPRM
the FAA proposed reversing that logic and, in proposed Sec. 145.7,
instead of listing the exceptions, the proposed rule identified the
specific sections that, ``as applicable,'' would apply (e.g., ``Each
certificated repair station * * * must, as applicable, comply with * *
*'' the specified sections as listed.). That proposal also generated
adverse comments. The references to the various specified sections in
parts 121 and 135 ``as applicable'' continued to confuse some
commenters, some of whom also incorrectly inferred that the FAA
intended to impose additional requirements by listing specific sections
of the rule.
Based on these comments, the specific section references were not
included in the 2001 final rule. These air carrier maintenance
provisions are currently found in Sec. 145.205 and, generally
speaking, require repair stations to follow the air carrier's or
operator's program and ``applicable sections of its maintenance
manual.'' Repair stations that provide this type of work have stated
that the term ``applicable sections'' causes confusion because it is
subjective and vague. They point out that air carriers, air operators,
and the FAA's inspectors interpret the term differently. Commenters to
the 2006 NPRM voiced similar concerns for similar reasons with the
change proposed there. Specifically, we proposed that repair stations
must comply with ``the applicable parts of this chapter and follow the
air carrier or commercial operator's program and applicable sections of
its maintenance manual.'' The confusion expressed by the commenters
carries a common theme, all involving the reference to ``applicable
sections'' or ``as applicable.''
In proposed Sec. 145.1205(a), we are attempting to clarify this
issue by stating that when a repair station performs work as a
maintenance provider for an air carrier or commercial operator, the
repair station must perform that work in accordance with the
instructions provided by that air carrier or air operator.
b. Certificate Holders Operating Under 14 CFR Part 125 (Current Sec.
145.205(b)/Proposed Sec. 145.1205(b))
In proposed Sec. 145.1205(b), the FAA would change the language
currently in Sec. 145.205(b) to include all operators that may have an
approved aircraft inspection program. Currently, Sec. 145.205(b)
references only FAA-approved inspection programs for part 125
operators. However, some persons operating under part 135 may also have
an FAA-approved inspection program and others may have selected an
inspection program under Sec. 91.409(e). Therefore, references to part
135 and Sec. 91.409(e) would be included in proposed Sec.
145.1205(b).
c. Foreign Persons Operating Under 14 CFR Part 129 (Current Sec.
145.205(c))
If a reference to a foreign air carrier or foreign person operating
a U.S.-registered aircraft under part 129 is added to proposed Sec.
145.1205(a), it is no longer necessary to include a provision similar
to Sec. 145.205(c) in proposed Sec. 145.1205. Each of these part 129
operators must have an FAA-approved maintenance program that must be
followed by persons performing maintenance on these aircraft.
d. Line Maintenance (Current Sec. 145.205(d))
The 1999 NPRM introduced the concept of line maintenance for repair
stations. As proposed, line maintenance was intended to allow repair
stations currently located at an air carrier's line station to perform
simple scheduled servicing and unscheduled maintenance
[[Page 30066]]
that could be performed safely without the need to house the aircraft.
This was intended to provide relief from the requirements of Sec.
145.103(b), which requires a repair station with an airframe rating to
have the ability to house the largest aircraft for which it is rated.
This maintenance would not necessarily require housing the entire
aircraft.
For reasons unstated, the 2001 final rule did not include a
requirement that line maintenance be limited to those repair stations
located at air carrier line stations. In addition, it introduced the
concept that a repair station could perform line maintenance upon
authorization by the FAA. It also included a definition of line
maintenance (in Sec. 145.3) that included ``any unscheduled
maintenance resulting from unforeseen events.'' These additions imply
that a repair station may perform `any unscheduled maintenance' without
meeting the prerequisites of part 145 for an appropriate rating, simply
based on the issuance of an `authorization' to perform `line
maintenance' for an air carrier or commercial operator.
Line maintenance was not intended to be a rating. Rather, it was
meant to be an authorization for an appropriately rated repair station.
The Sec. 145.103(b) housing requirement applies to a repair station
holding an Airframe rating. Section 145.205(d) is an authorization
providing relief from that requirement under limited circumstances.
However, as applied, line maintenance authorization has been
granted to repair stations without the appropriate ratings or
facilities because the existing language implies that it is
permissible. This was a concern expressed in comments in response to
the introduction of the line maintenance authorization in 2001. In
addition, the line maintenance concept has also resulted in repair
stations that were created simply to perform line maintenance at many
geographically disparate locations, which makes it almost impossible
for the FAA to reasonably perform its safety oversight function.
To rectify this situation, the FAA is proposing to eliminate the
current line maintenance concept by not including a provision similar
to Sec. 145.205(d) in proposed Sec. 145.1205.
However, the performance of maintenance that could include line
maintenance would still be an available option for a repair station. A
repair station could be issued a limitation to an Airframe rating to
identify and limit the work the repair station could perform. This
could include line maintenance. With appropriate limitations, line
maintenance is simply one example of work for which a limitation to an
Airframe rating could be issued. With a limitation of line maintenance
for a specified air carrier or commercial operator, the repair station
would be permitted to perform maintenance limited to line maintenance,
but there would be no authorization for line maintenance beyond the
limitation to the rating.
If the line maintenance work is to be accomplished temporarily away
from the repair station, this could be accommodated under the
provisions of Sec. 145.1203 (Work Performed at Another Location). If
the location is in the United States and intended to be permanent, and
is within the geographical boundaries of the local FAA Certificate
Holding District Office, an additional fixed facility of the repair
station as provided by proposed Sec. 145.1103(d) may be appropriate.
If the location is not within the geographical boundaries of the
Certificate Holding District Office, certification of a separate repair
station or satellite repair station under proposed Sec. 145.1107 may
be appropriate. This would reintroduce the original intent that this
type of work would be limited to currently certificated repair stations
at such locations where the work is needed.
The current definition of line maintenance does not correctly
describe the scope of this level of maintenance. Therefore the FAA is
also proposing to revise the definition of line maintenance in proposed
Sec. 145.1003(e). The definition would now reinforce that line
maintenance is performed for air carriers, is generally performed at
the ramp, parking area or gate, and typically will not exceed 24
continuous hours per aircraft.
5. Other Proposed Changes
a. Applicability (Proposed Sec. 145.1001)
A new applicability statement is necessary to address the
transition period. This language would direct applicants to subparts F
through J for the regulations that would apply to them. This new
section would continue to state that a repair station certificate is
issued for the performance of maintenance, preventive maintenance, and
alterations on civil products to which part 43 applies. The FAA cannot
compel a person to hold a repair station certificate, so the phrase in
current Sec. 145.1 or is required to hold would be deleted as
unnecessary. The FAA proposes instead that the rules would apply to any
person who holds out as an FAA-certificated repair station.
b. Avionics (Proposed Sec. 145.1003(c))
Aviation electronic technology has advanced dramatically since the
advent of the current ratings system. Because of these advancements,
the ARAC recommended the addition of an avionics rating. The FAA
proposed such a rating in the 2006 NPRM. The commenters generally
opposed a separate avionics rating. Most of these commenters stated
that avionics are components and should simply be identified as such.
Moreover, other commenters stated that confusion would exist if
avionics were made a separate category of component.
To recognize advances in the field of aviation electronics and to
reduce any confusion that exists regarding the differences and overlaps
in the terms instruments, electronics, electrical systems, and
avionics, the FAA is proposing to add a definition for the term
``Avionics'' in proposed Sec. 145.1003(c). Under this definition,
``Avionics'' (i.e., aviation electronics) would be any component
generally associated with processing digital electronic signals.
Examples of such components include radios and navigation equipment,
radar, and data processors.
c. Repair Station Records: Falsification, Reproduction, or Alteration
(Proposed Sec. Sec. 145.12 and 145.1012)
At present, part 145 does not contain a general prohibition against
making fraudulent or intentionally false entries in repair station
records or for making fraudulent reproduction or alteration of records
or reports. Other parts of the regulations do contain similar
proscriptions. For example, part 43 contains such prohibitions for
maintenance records or reports, with a consequence of suspension or
revocation of the applicable airman, operator, or production
certificate and other specified privileges (see Sec. 43.12.). Other
regulations contain similar prohibitions (e.g., intentionally false
entries on applications and other records, and cheating on tests) with
similar consequences (i.e., suspension or revocation of FAA-issued
certificates or ratings (see. e.g., Sec. Sec. 61.37, 61.59, 63.18,
63.20, 65.18, 65.20, and 67.403.)). While Sec. 43.12 provides for
suspension or revocation of the applicable airman and other mentioned
certificates and privileges for requisite maintenance record
falsifications or fraudulent acts, it does not provide for repair
station certificate suspension or revocation for the same kind of
conduct.
Therefore, the FAA is proposing a new Sec. 145.12 in subpart A,
and a new
[[Page 30067]]
Sec. 145.1012 in subpart F, that would be similar to Sec. 43.12.
Under 49 U.S.C. 44701, the FAA is charged with promoting aviation
safety. The importance of accurate records and reports cannot be
overstated. In view of the FAA's limited resources, ``the agency, and
ultimately the flying public, depend heavily on the integrity of the
system of self-reports.'' Twomey v. National Transp. Safety Bd., 821
F.2d 63, 68 (1st Cir. 1987). Because of the importance of honest and
trustworthy records and reports to aviation safety, the FAA believes
that any person who makes or causes to be made an intentionally false
or fraudulent entry in any record or report the agency needs to provide
proper oversight of repair stations should be subject to enforcement
action as noted above. Accordingly, the agency is proposing suspension
or revocation of not only the repair station certificate, but any
certificate, approval, or authorization issued by the FAA and held by
that person.
d. Amendment to or Transfer of Certificate (Current Sec. 145.57/
Proposed Sec. 145.1056)
Although the one thousand series numbers (1xxx) in proposed
subparts F through J generally have the same one hundred series number
(xxx) for each corresponding regulation section in the current rule
(subparts A through E), the FAA is proposing to deviate from this
scheme for this section in order to accommodate two new proposed
sections on operations specifications. Therefore, the proposed new
section on ``Amendment to or transfer of certificate'' would be
numbered Sec. 145.1056, whereas the current section is numbered Sec.
145.57. The proposed section captioned ``Operations specifications''
would be numbered Sec. 145.1057. Also, as written, current Sec.
145.57 contains confusing language that implies a repair station must
apply for a change to its certificate without reason. The proposed
section would change the confusing language and add a time limitation
for submitting an application for a certificate amendment, change in
location, or transfer of certificate.
e. Operations Specifications (Proposed Sec. 145.1057)
Currently, part 145, Repair Stations, introduces the requirement
for operations specifications in Sec. 145.5, Certificate and
operations specification requirements. Unlike other operating rules
requiring operation specifications, part 145 does not explain what
operation specifications are or what they must contain. Also unlike
part 119, which clearly states in Sec. 119.7 that with limited
exceptions operations specifications are not a part of the certificate,
some operators and FAA personnel assume repair station operations
specifications are an extension of the repair station certificate,
while others do not. The FAA is proposing to specify how long
operations specifications are valid, what they must contain, and where
they must be located. The FAA would also clarify that except for those
operation specifications detailing ratings and limitations, repair
station operations specifications are not a part of the repair station
certificate.
f. Amending Operations Specifications (Proposed Sec. 145.1058)
The proposed clarification of operations specifications in proposed
Sec. 145.1057, specifying that operations specifications are not a
part of a certificate, would allow the FAA to make administrative
changes to operations specifications other than ratings or limitations
(e.g., definitions or formatting) without having to resort to
certificate action, when appropriate notice is given to the repair
station. This section would provide procedures to be followed by both
the FAA and repair stations for initiating changes to the operations
specifications. Additionally, procedures would be provided for affected
repair stations to petition for reconsideration of adverse decisions by
the FAA, both in emergency and non-emergency situations.
g. Housing and Facilities (Current Sec. 145.103/Proposed Sec.
145.1103)
The FAA is proposing to amend the rules for housing and facilities
to require that the housing for the facilities, equipment, materials,
and personnel be both suitable and permanent. The agency is also
proposing to provide an exception to the requirement that a repair
station with an airframe rating must be able to enclose the largest
type and model of aircraft on its operations specifications to
facilitate those with a limitation to the airframe rating such that the
entire aircraft would not need to be housed to provide appropriate
environmental protection. As stated previously, this exception would
facilitate repair stations with a limitation to perform line
maintenance for air carriers. Finally, in addition to some minor
clarifications, the FAA is proposing to allow a repair station to use
multiple fixed locations if appropriate criteria are met.
i. Exception to Housing Requirement
Under current Sec. 145.103(b), 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 without consideration of the limits of the work being
performed. Even if the work is limited to a certain part, portion, or
section of the aircraft, a repair station must be able to house the
entire aircraft if it has an Airframe rating.
To retain the level of safety established by certification of a
repair station under part 145, but to lessen the impact to those repair
stations performing line maintenance or other maintenance not normally
associated with a requirement to have housing to enclose the entire
aircraft, the FAA is proposing, in Sec. 145.1103(b), to provide relief
from the housing requirement of Sec. 145.103(b). The proposed change
would allow a repair station with an Airframe rating and appropriate
limitations to that rating to perform the limited airframe maintenance
without having housing to enclose the entire aircraft. If, as
determined by the FAA, the repair station provides adequate
environmental protection for the work being performed under the
limitation to its rating, it would not be required to house the
complete aircraft.
This is consistent with the housing exception for line maintenance
found in Sec. 145.205(d). The proposed rule permits an evaluation of
the housing requirements based on limitations to the Airframe rating.
This would allow for the certification of a repair station with an
Airframe rating, limited to the performance of maintenance such as
simple daily scheduled checks or some work limited to aircraft
interiors, to not have housing to enclose the entire aircraft. Repair
stations currently performing work under a line maintenance
authorization could be provided appropriate housing relief by this
proposed section if they otherwise meet the requirements of part 145.
This change would provide clarity and some relief in not requiring that
the entire airframe be enclosed if the FAA determines the repair
station provides adequate environmental protection for the work being
performed. This option would be available only for repair stations with
an Airframe rating with limitations. If a repair station has an
Airframe rating with no limitations or limitations allowing work on
substantially an entire airframe, it would be required to have suitable
permanent housing to enclose the largest aircraft for which it is
rated.
[[Page 30068]]
ii. Permanent Location
Paragraph (a)(1) of Sec. 145.103 requires each certificated repair
station to provide housing for the facilities, equipment, materials,
and personnel consistent with its ratings. It has long been FAA policy
that a repair station must have a permanent fixed location from which
to operate. There have been occasions where the housing used to obtain
certification was either relinquished by the certificate holder to the
facility owner, or further sub-leased for other purposes rendering the
repair station essentially unable to perform the maintenance for which
it was certificated. The FAA believes it is necessary to reinforce the
need for repair stations to provide assurance that work is performed
adequately and to the manufacturer's standards. This means protection
of workers from unfavorable environmental conditions so that their
performance and the airworthiness of the articles they are maintaining
are not adversely affected. Repair stations would be required to
provide suitable and permanent housing to protect the articles being
maintained from contamination, foreign object debris, or conditions
that may promote corrosion or other deteriorating conditions.
Therefore, the FAA proposes to revise this section to require
``suitable permanent'' housing. A requirement for permanent housing
refers not only to the construction of the facility, but also to the
fact that the certificate holder must have sole operational control at
all times of the housing it uses to obtain certification, either by
ownership or by contract. The FAA understands that repair stations may
share the same hangar or building, and this would still be allowed
under this proposal. However, these repair stations may not share the
same space in that hangar or building and each repair station must have
full control of its space at all times. In addition, it must be clearly
defined as to what space is under the control or contract of each
repair station and this space must be clearly defined in each repair
station's manual as required in proposed Sec. 145.1209(b).
iii. Multiple Fixed Locations
The FAA is also proposing to add a new Sec. 145.1103(d) to allow a
repair station to use multiple fixed locations in performing
maintenance, preventive maintenance, and alterations under its repair
station certificate. Additional fixed locations are not recognized in
the current rule. This has led to inconsistent or non-authorization of
the use of additional permanent locations. Repair stations often find
it necessary to use locations other than the primary facility for
environmental reasons (such as noise abatement for an engine overhaul
shop doing test runs). In recognition of this need, additional fixed
locations could be authorized if:
The repair station applies for and receives approval of
additional fixed locations.
The location is within the geographic boundaries of the
certificate holding district office.
The location is permanently affixed and is under the
managerial control and authority of the repair station certificate.
The maintenance functions performed at the additional
fixed locations are in support of and within the scope of the ratings
listed on the repair station operations specifications.
If a fixed location were located outside of the geographic boundary
of the FAA office with oversight responsibilities, the additional fixed
location either would have to be certificated as a satellite repair
station and meet the requirements of proposed Sec. 145.1107, or it
would require its own repair station certificate under the provisions
of proposed Sec. 145.1051 and Sec. 145.1053.
iv. Additional Proposed Changes
The FAA is also proposing, in Sec. 145.1103(a)(2), to delete the
reference to specialized services currently found in Sec.
145.103(a)(2). When used in conjunction with maintenance, preventive
maintenance, and alterations, the reference to specialized services is
redundant because complete maintenance of an article includes all
necessary services. Finally, the FAA is also proposing to include
protection of articles in Sec. 145.1103(a)(2)(iv). Currently, a repair
station's facility is required to include sufficient space to segregate
articles and materials stocked for installation from those undergoing
maintenance or alterations. The FAA is proposing to change ``segregate
articles * * * '' in current Sec. 145.103(a)(2)(iv) to ``segregate and
protect articles * * *.'' in Sec. 145.1103(a)(2)(iv) to be consistent
with the intent not only to segregate but also to protect articles as
stated in current Sec. 145.103(a)(2)(i) and in proposed Sec.
145.1103((a)(2)(i) ``for the proper segregation and protection of
articles during all maintenance, preventive maintenance, or
alterations.'' It is inconsistent to require articles to be protected
during maintenance but not require them to be protected in storage
prior to being used in maintenance.
To ensure that the housing and other environmental protections
continue in force, the FAA is proposing to change the phrase in the
first line of Sec. 145.103(a) from ``repair station must provide-* *
*'' to ``repair station must provide and maintain- * * *'' in proposed
Sec. 145.1103(a).
Finally, a grammatical error currently exists in Sec.
145.103(a)(2)(ii) that the FAA would correct in proposed Sec.
145.1103(a)(2)(ii) by adding the word ``of'' near the end of the
sentence so that it reads ``alteration of articles * * *.''
h. Satellite Repair Stations (Current Sec. 145.107/Proposed Sec.
145.1107)
In proposed Sec. 145.1107(a), the FAA proposes to remove the
current restriction in Sec. 145.107(a)(1) that a satellite repair
station may not hold a rating not held by the certificated repair
station with managerial control. The FAA believes that the agency
should not impose these restrictions on satellite repair stations.
Additionally, the FAA proposes to require that an applicant for a
satellite repair station submit the same repair station and quality
control system manuals as the repair station with managerial control
(proposed Sec. 145.1107(a)(2)). The satellite repair station would
have to identify any specific processes or procedures unique to the
satellite repair station in appendices or sections of the manuals.
The other new paragraphs proposed in Sec. 145.1107(a) would
require a satellite repair station to:
Submit the same training program as the repair station
with managerial control, with processes or procedures unique to the
satellite or managerial repair station identified (proposed paragraph
(a)(3)).
Demonstrate compliance with its manual and any additional
manual sections applicable to the satellite (proposed paragraph
(a)(4)).
Meet the housing and facility requirements of proposed
Sec. 145.1103 since it is a separately certificated repair station
(proposed paragraph (a)(5)).
Have its own facility in a location with a physical
address other than the repair station with managerial control (proposed
paragraph (a)(6)).
Finally, the requirement currently in Sec. 145.107(a)(2) that the
satellite repair station meet the requirements for each rating it holds
would be retained in proposed Sec. 145.1107(a)(1).
i. General (Current Sec. 145.101/Proposed Sec. 145.1101)
The FAA proposes to add tools and test apparatus to the items that
a repair station must provide under proposed Sec. 145.1101. Tools and
test apparatus are added for consistency with the maintenance
performance requirements of Sec. 43.13(a).
[[Page 30069]]
The FAA also proposes to add the word ``any'' to near the end of
the sentence so that it reads ``any rating the repair station holds.''
j. Equipment, Materials, and Data Requirements (Current Sec. 145.109/
Proposed 145.1109)
The FAA is proposing to add test apparatus and data to the list of
items that a repair station would have to have on the premises and
under its control when it is performing work requiring its use. This
would remove potential uncertainty surrounding whether a necessary
piece of test apparatus or data was considered to be ``equipment,''
``tools,'' or neither. In addition, including test apparatus would be
consistent with the requirements in Sec. 43.13(a). Accordingly, the
FAA is proposing to revise the section heading to include test
apparatus.
The FAA is also proposing to include an element of the relief
provided in current Sec. 145.51(b) pertaining to meeting the equipment
requirement by having a contract with another person to make the
equipment available when the work it requires is being performed (see
proposed Sec. 145.1109(b)). The issue of whether all the equipment
must be on site for initial inspection was discussed above in the
context of the agency's proposing to delete the contract provision from
the initial certification requirements in proposed Sec. 145.1051(b).
Although the agency believes it is important during initial
certification to observe all the necessary equipment, tools, and
apparatus for its placement on site and to evaluate an applicant's
ability to use it, the FAA agrees with previous commenters who voiced
concerns about not having to purchase expensive, seldom used equipment
and to have it permanently in place when they could instead obtain it
through contract when needed.
The relief proposed in Sec. 145.1109(b) would allow a repair
station to meet the equipment, tools, and test apparatus requirement of
proposed Sec. 145.1109(a) for specialized and rarely used equipment,
tools, and test apparatus if the repair station demonstrates to the FAA
that it has made arrangements with another person to make those items
available when their use is required. All equipment must be in place
during the demonstration and inspection phase of certification.
Currently, Sec. 145.109(d) lists certain documents that repair
stations must keep that are necessary for performing maintenance,
preventive maintenance, or alterations. It requires that the documents
be ``current and accessible when the relevant work is being done.'' A
strict reading of the requirement that these documents be current has
created unnecessary compliance and enforcement issues. A recent FAA
legal interpretation clarified that ``current'' in this context means
``up to date,'' i.e. the most recent version (revision) of the document
(e.g. maintenance manual) issued by the manufacturer. This is a
paperwork requirement only, as the same interpretation made clear that
if a maintenance provider used a prior version/revision of a manual in
performing maintenance, there would be no violation of the maintenance
performance rules unless the FAA could show that the data used was no
longer acceptable. This is so because of the flexibility provided in
the maintenance regulations. For example, the performance standards set
forth in Sec. 43.13(a) provides that the person performing maintenance
shall use the current manufacturer's maintenance manual or Instructions
for Continued Airworthiness [ICA], ``or other methods, techniques, and
practices acceptable to the Administrator * * *.''
Enforcement issues have arisen because some inspectors have
concluded that the requirement to have a document be ``current and
accessible'' when work is being done means that the most up-to-the-
minute manual revision be incorporated into the repair station's system
even though such immediate incorporation may not be realistic. This can
be due to a number of real-world constraints, (e.g., mail delays,
revision publishing and distribution logistics, and export constraints
pertaining to technical data).
The housekeeping means for assuring appropriate compliance is
contemplated in the current rule through the repair station's quality
control system. Currently, Sec. 145.211(a) requires that each repair
station establish and maintain a quality control system acceptable to
the FAA that ensures the airworthiness of the articles being
maintained. Section 145.211(c) provides that, as part of a repair
station's acceptable quality control system, the repair station must
keep current a quality control manual in a format acceptable to the
FAA, and specifies what that manual must include. Section
145.211(c)(1)(v) provides specifically that the manual include a
description of the procedures used for ``[e]stablishing and maintaining
current technical data for maintaining articles.''
In developing acceptable procedures for assuring the currency of
the technical data, repair stations typically work with their local
Certificate Holding District Offices (CHDOs) to tailor procedures that
consider realistic time constraints to incorporate manual revisions and
other changes/updates into their systems. So long as a repair station
and its CHDO have established and agreed to realistic procedures for
establishing and maintaining current data, it would be anomalous for an
inspector to threaten enforcement action citing Sec. 145.109(d)
because a manufacturer had issued a revision that the repair station
had not reasonably, in following its FAA-accepted quality control
system, incorporated into its manual system.
In view of these considerations, and the fact that proposed Sec.
145.1109(a) would require repair stations to have the technical data,
etc., to perform their maintenance in accordance with part 43, a
specific list of documents such as that found in current Sec.
145.109(d) would be redundant and possibly limiting. Therefore, because
proposed Sec. 145.1109(a) requires the technical data, equipment,
tools, test apparatus, and materials required by part 43, we are
deleting subparagraph Sec. 145.109(d) since it is inclusive in
subparagraph Sec. 145.1109(a).
k. Supervisory Personnel Requirements (Current Sec. 145.153/Proposed
Sec. 145.1153)
Section 145.153(a) requires supervisors to oversee the work
performed by any individuals who are unfamiliar with the methods,
techniques, practices, aids, equipment, and tools used to perform
maintenance. The FAA is proposing to simplify this requirement to
specify that supervisors must be present to oversee the work being
performed by the repair station (see proposed Sec. 145.1153(a).
Section 145.153(b)(1) requires each supervisor employed by a repair
station located inside the United States to be certificated under part
65. Supervisors may supervise only as allowed by the privileges of the
certificate held as provided in part 65. For example, a supervisor
certificated with only a Powerplant rating may not supervise personnel
doing airframe maintenance, as the Powerplant rating does not provide
that privilege.
The FAA is proposing in Sec. 145.1153(b)(1) to revise this
requirement to state that the supervisor be appropriately certificated
under part 65 for the work being supervised. Prior to the 2001 rule
change, the language was clear in Sec. 145.39(d): ``Each person who is
directly in charge of the maintenance functions of a repair station
must be appropriately certificated under part 65 * * *''. The omission
of ``appropriately'' in 2001 was an oversight that the FAA will correct
by reinserting ``appropriately
[[Page 30070]]
certificated under part 65'' where such certification under part 65 is
required. The appropriateness of the certificate is based in the
privilege of the mechanic or repairman certificate issued under part 65
subpart D or E. For example, a supervisor who holds a mechanic
certificate with airframe and powerplant ratings issued under part 65
would not be appropriately certificated to supervise work on
instruments. A supervisor would need to hold a repairman certificate to
supervise work on instruments. Currently, Sec. 145.153(b)(2) contains
a different set of qualifications for a supervisor employed by a repair
station located outside the United States. For example, a supervisor in
a foreign repair station is not required to be appropriately
certificated under part 65. To eliminate these two dissimilar
standards, the FAA is proposing two alternative paths for supervisor
qualification in a repair station located outside the United States.
The first would require the supervisor to have the appropriate
certification under part 65; the second would require the supervisor to
meet the repairman eligibility requirements of Sec. 65.101(a)(1)(2)(3)
and (5) (see proposed Sec. 145.1153(b)(2)(i) and (ii)).
Finally, Sec. 145.153(c) requires repair stations to ensure that
each supervisor understands, reads, and writes English. The FAA is
proposing in Sec. 145.1153(c) that these supervisors also be able to
speak English. This would help to confirm that supervisors read and
understand English.
l. Inspection Personnel Requirements (Current Sec. 145.155/Proposed
Sec. 145.1155)
Section 145.155 sets forth the experience requirements for
inspection personnel. Currently, this section requires only that
inspectors be able to understand, read, and write English. The FAA is
proposing to add a requirement to proposed Sec. 145.1155(b) that
inspectors be able to speak English as well. As stated above, the FAA
believes this would help to confirm that these inspection personnel
read and understand English.
Section 145.155(a)(2) currently has the word ``and'' at the end of
the section. This is an error as there is no Sec. 145.155(a)(3). This
error would not be carried over to proposed Sec. 145.1155(a)(2) as the
subsequent proposed Sec. 145.1155(b) stands alone.
m. Personnel Authorized To Approve an Article for Return To Service
(Current Sec. 145.157/Proposed Sec. 145.1157)
Section 145.157 sets forth the experience requirements for the
person authorized to approve an article for return to service. Section
145.157(a) requires each person authorized to approve an article for
return to service employed by a repair station located inside the
United States to be certificated under part 65. For the reasons
discussed above under proposed Sec. 145.1153, the FAA is proposing in
Sec. 145.1157(b) that each person authorized to approve an article for
return to service be appropriately certificated under part 65. The
appropriateness of the certificate is based in the privilege of the
mechanic or repairman certificate issued under part 65 subpart D or E.
Currently, Sec. 145.157(b) contains a different set of
qualifications for a person authorized to approve an article for return
to service employed by a repair station located outside the United
States. To harmonize these two dissimilar standards as much as
possible, the FAA is proposing in Sec. 145.1157(c) to require those
persons employed by a repair station located outside the United States
to meet either the certificate requirements of proposed Sec.
145.1157(a) or the eligibility requirements of Sec. 65.101(a)(1), (2),
(3) and (5).
Section 145.157(c) requires that a repair station ensure that each
person authorized to approve an article for return to service
understands, reads, and writes English. For the reasons discussed
above, the FAA is proposing in Sec. 145.1157(d) that these persons
also be able to speak English.
Finally, the FAA believes the requirements in current Sec. 145.157
are set forth in a cumbersome manner. Therefore, the FAA is proposing
to rearrange these requirements in proposed Sec. 145.1157.
n. Records of Management, Supervisory, and Inspection Personnel
(Current Sec. 145.161/Proposed Sec. 145.1161)
Section 145.161 sets forth the management, supervisory, and
inspection personnel records that a repair station must maintain and
make available to the FAA.
Section 145.161(a)(3) requires each repair station to maintain a
roster of personnel authorized to sign a maintenance release for
approving a maintained or altered article for return to service. To be
consistent with the use of the term approval for return to service in
Sec. Sec. 43.5 and 43.7, and to eliminate confusion arising from the
use of ``maintenance release for approving an article,'' the FAA is
proposing to change this requirement to a roster of personnel
authorized to approve for return to service a maintained or altered
article (see proposed Sec. 145.1161(a)(3)).
Section 145.161(a)(4) requires each repair station to maintain a
summary of specified information on the employees listed in the rosters
required by Sec. Sec. 145.161(a)(1) through (a)(3). Section
145.161(a)(4)(iii) requires this summary to include past relevant
employment with names of employers and periods of employment. The FAA
is proposing in Sec. 145.1161(a)(4)(iii) to require that past
positions and types of maintenance performed be included in this
format. This would confirm the relevancy of the listed past employment.
o. Training Requirements (Current Sec. 145.163/Proposed Sec.
145.1163)
Section 145.163 contains the requirements for a repair station's
employee training program. The FAA is proposing in Sec. 145.1163(a) to
delete the implementation date requirements of Sec. 145.163(a) as this
is no longer applicable.
The FAA is also proposing that the training program requirements in
Sec. 145.163(b) be revised in proposed Sec. 145.1163(b). Currently,
the training program must ensure that each employee assigned to perform
maintenance, preventive maintenance, or alterations, and inspection
functions is capable of performing the assigned task. The FAA believes
that the current requirement is too broad and lacks specific elements.
Training in human factors, federal regulations, and repair station
manuals, procedures, and forms are minimum subject areas that should be
covered in all training programs submitted for approval. Therefore, the
FAA is proposing in Sec. 145.1163(b) to require that the training
program ensure that employees who perform maintenance, preventive
maintenance, and alterations be (1) capable of performing the assigned
task, (2) trained in human factors relevant to aviation maintenance,
(3) trained in the Federal Aviation Regulations as they relate to Part
145, and (4) trained in the repair station's manuals, procedures, and
forms.
The FAA is also proposing clarifying changes to Sec. 145.163(d) in
proposed Sec. 145.1163(d) resulting in the removal of a repetitive
``to its''.
p. Hazardous Materials Training (Current Sec. 145.165/Proposed Sec.
145.1165)
Section 145.165 sets forth the requirements for a repair station's
employee hazardous materials training program.
Section 145.165(b) sets forth the job functions that an employee
may not perform or directly supervise without having received
appropriate hazardous materials training. Over the years, the
[[Page 30071]]
FAA has found that the phrase ``may not'' has not been interpreted as a
complete prohibition of the action to which it is linked. To correct
this ambiguity, the FAA is proposing in Sec. 145.1165(b) to change the
phrase ``may not'' to ``shall not.''
q. Privileges and Limitations of Certificate (Current Sec. 145.201/
Proposed Sec. 145.1201)
Section 145.201 sets forth the privileges and limitations
associated with a repair station certificate.
Section 145.201(a)(2) allows a repair station to arrange with
another person to perform the work for which the repair station is
rated. It also contains certain requirements if that person is not
certificated under part 145. The FAA is proposing in Sec. 145.1201 to
clarify that if a repair station arranges for another person to perform
work for the repair station it must comply with proposed Sec. 145.1217
(Contract Maintenance). This would clarify the authority of the repair
station to contract maintenance to another person and the
responsibility it has if it chooses to do so.
The current limitation in Sec. 145.201(b) providing that a repair
station may not maintain or alter any article for which it is not rated
has caused confusion concerning the responsibilities of repair stations
and their oversight by the FAA. Part 145 contains the rules repair
stations must follow when working on articles to which part 43 applies,
yet Sec. 145.201(b) is drafted broadly and would seem to prohibit work
on articles not governed by part 43. Rather than proposing an amendment
that would explain in the text of the paragraph that the prohibition
applies only to articles governed by part 43, the FAA proposes to
clarify the issue by combining the text currently in Sec. Sec.
145.201(b) and (c) into proposed Sec. 145.1201(b). This would provide
a single list of when a repair station may not approve an article for
return to service.
r. Repair Station Manual (Current Sec. 145.207/Proposed Sec.
145.1207)
Section 145.207 contains the requirement for a repair station
manual and sets forth a repair station's obligations for making its
manual accessible to its personnel and providing current copies to its
FAA district office, while Section 145.211 contains the requirement for
a quality control manual. For readability and to eliminate repetition,
the FAA is proposing in Sec. 145.1207 to address similar requirements
for each manual in a combined introductory section. The FAA will also
simplify the listing of manual requirements by removing the repeated
preliminary term ``A certificated repair station must * * *'' currently
in each paragraph of Sec. 145.207. The FAA also proposes to add an
introductory statement ``A certificated repair station must:''. To
recognize the combined introduction, section 145.1207 is titled Repair
Station and Quality Control Manuals.
s. Repair Station Manual Contents (Current Sec. 145.209/Proposed Sec.
145.1209)
The content requirements for a repair station's manual are
currently located in Sec. 145.209. Of the 11 listed paragraphs, seven
require listing procedures and three require descriptions. The FAA is
proposing to consolidate and re-sequence the requirements in Sec.
145.209(b), (c) and (d) and include updated references in proposed
Sec. 145.1209. This consolidation would eliminate repetitive terms
(``Procedures for'' and ``A description of''), reduce the number of
paragraphs from eleven to five, and require a resequencing.
The FAA is also proposing to revise the text currently in Sec.
145.209(d)(1) in proposed Sec. 145.1209(d)(1) to add procedural
requirements to the repair station manual for FAA approval of
capability list changes when self-evaluation is not authorized.
Proposed Sec. 145.1209(d)(2) would also be revised to include what
would be expected of a repair station when performing a self-
evaluation.
Finally, the FAA is proposing to add a requirement in Sec.
145.1209(d)(2)(iv) that repair stations retain documentation of the
self-evaluation for two years.
t. Quality Control System (Current Sec. 145.211/Proposed Sec.
145.1211)
This section would remain essentially unchanged, with the exception
of adding requirements for suspected unapproved parts and ensuring
maintenance not completed as a result of shift change or similar
interruption is properly completed.
u. Inspection of Maintenance, Preventive Maintenance, or Alterations
(Current Sec. 145.213/Proposed Sec. 145.1213)
Section 145.213(d) states that only an employee certificated under
part 65 is authorized to sign off on final inspections and maintenance
releases for the repair stations. The FAA is proposing to remove this
paragraph in proposed Sec. 145.1213 as it is repetitive and conflicts
with the requirements of proposed Sec. 145.1157. The FAA is also
proposing to remove the term ``maintenance release'' from proposed
Sec. 145.1213 to be consistent with part 43.
v. Recordkeeping (Current Sec. 145.219/Proposed Sec. 145.1219)
Section 145.219 sets forth the recordkeeping requirements for a
repair station. Section 145.219(b) requires a repair station to provide
a copy of the maintenance release to the owner or operator of the
article on which the work was performed. To be consistent with Sec.
43.5 (Approval for return to service after maintenance, preventive
maintenance, rebuilding, or alteration) and Sec. 43.7 (Persons
authorized to approve aircraft, airframes, aircraft engines,
propellers, appliances, or component parts for return to service after
maintenance, preventive maintenance, rebuilding, or alteration), the
FAA is proposing in Sec. 145.1219 to replace the term ``maintenance
release'' with ``approval for return to service.''
w. Consistency Changes in Parts 43 and 91
Based on the above proposals, we are also proposing changes to the
following sections in parts 43 and 91: Appendix B of part 43, Sec.
91.171, Sec. 91.319, Sec. 91.327, Sec. 91.411, Sec. 91.413, and
Appendix A to Part 91. These sections/appendices currently reference
some element of a repair station's operations that would be changed
based on the proposals in this document. As such, these sections/
appendices would need to be modified to be consistent with such
proposals.
III. 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 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, this 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
[[Page 30072]]
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 the base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on a substantial number of small entities;
(5) would not create unnecessary obstacles to the foreign commerce of
the United States; and (6) would not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
as follows.
Who Is Potentially Affected by This Proposed Rule
There are 4,105 repair stations in the United States and 739 repair
stations in 64 foreign countries that the FAA has certificated to work
on N-registered airplanes. For purposes of this analysis, of those
4,105 repair stations, 1,838 are defined to be ``small'' with 10 or
fewer employees, 1,913 are defined to be ``medium-sized'' with between
11 and 199 employees, and 354 are defined to be ``large'' with 200 or
more employees. The FAA also forecasts that 106 repair stations in the
United States will annually seek to be certified by the FAA. Finally,
although this proposed rule would also affect existing and future
repair stations in foreign countries, Executive Order 12866 requires
the FAA to analyze the economic impacts of this proposed rule only on
repair stations located in the United States.
Total Benefits and Costs of This Rule
The total costs of this proposal would be relatively small ($14.493
million over a 10-year period, spread amongst approximately 5,000
repair stations), but it is difficult to quantify the benefits. We
believe, however, that the potential benefits, which derive in part
from (1) Giving the FAA authority to (a) deny a repair station
certificate to an applicant whose past performance resulted in a
revocation, and (b) revoke all FAA-issued certificates held by any
person who makes fraudulent or intentionally false entries or records;
(2) defining what operations specifications are and providing a well-
defined process for both industry and the FAA to amend them; and (3)
updating the ratings system, justify the costs of the proposed rule.
The current rule provides that, with certain unrelated
restrictions, an applicant who meets the requirements of the rule is
entitled to a repair station certificate regardless of a past
regulatory non-compliance history, no matter how egregious. Currently
an applicant, based on a successful showing of meeting the minimum
requirements for a certificate (e.g., the personnel, housing,
facilities, equipment, materials, and data) is entitled to a
certificate regardless of past negative performance, such as multiple
rule violations or having a certificate revoked. This entitlement
provides no latitude to the FAA. Based on a fatal accident that likely
would not have occurred if the FAA had a mechanism in place to deny a
certificate to a ``bad actor,'' the National Transportation Safety
Board (NTSB) identified this entitlement as a potential safety issue,
and the FAA agrees.
The FAA is aware of instances where persons whose repair station
certificates were revoked continued to operate by obtaining new repair
station certificates shortly after the revocation process. In one of
these situations, a key management official with decision-making
authority (chief inspector) from a repair station that lost its
certificate for serious maintenance-related violations applied for and
received a new repair station certificate. That individual also became
the chief inspector at the newly-certificated repair station. While
under the chief inspector's direction, employees of the newly-
certificated station performed improper maintenance on a number of
propellers, one of which came apart in flight causing a fatal accident.
As a result of this accident, the National Transportation Safety
Board (NTSB), in a Safety Recommendation dated February 9, 2004 (A-04-
01 and A-04-02), expressed concern that the FAA did not have a
mechanism for preventing individuals who were associated with a
previously revoked repair station, such as the owner described above,
from continuing to operate through a new repair station. The NTSB noted
that the FAA has such a mechanism in place for air carriers and other
commercial operators. Section 119.39(b) allows the FAA to deny an
application for a Part 121 or 135 air carrier or operating certificate.
This can occur if the applicant previously held a certificate that was
revoked or if a person who exercised control over (or held a key
management position in) a previously revoked operator will be
exercising control over (or hold a key management position in) the new
operator.
With total present-value costs over a ten year period of $13.045
million, this rule would be cost-beneficial if it prevents at least
three fatalities over 10 years. This benefit could accrue from
preventing one or more fatal accidents during the ten-year period,
depending on the number of persons who would have been on board. The
FAA believes that one or more such accidents are likely to occur during
that period and this rule is necessary to prevent them. If this
proposed provision had been in place prior to the accident described
above, the FAA would have denied the repair station certificate
application, and the faulty propeller maintenance would not have
occurred--thus, neither would the accident.
In concurrence with an NTSB recommendation, the proposed rule would
change this entitlement to an eligibility that will provide the FAA the
ability to deny a certificate application based on enforcement history,
as is currently the case with air carrier applicants. Also, a repair
station certificate is effective until surrendered, suspended, or
revoked. A repair station under investigation could potentially
surrender a certificate to terminate an ongoing investigation resulting
in a lack of enforcement history. The NTSB recommended, and the FAA
agrees, that a repair station should not be able to force the FAA to
terminate an investigation by surrendering a certificate which would
result in a lack of enforcement history. This history would be
important evidence to support the agency's denying a certificate under
the previously described circumstances. In concurrence with the NTSB
recommendation, the proposed rule would specify that a certificate
surrender is not valid until the FAA accepts the certificate. The costs
of being able to deny certification to an applicant with a history of
non-compliance is minimal, but the benefits are the potential avoidance
of accidents, thereby increasing the safety of the flying public.
We also believe the current ratings system, which dates to the
1930's and 1940's, does not adequately address the way current aircraft
are constructed and maintained. The current ratings system hampers the
FAA's ability to appropriately rate repair stations, and it impedes
repair stations' ability to accurately describe the work they perform.
The repair station community and the FAA have struggled, and continue
to struggle, with the
[[Page 30073]]
application of current technology and business practices in an
antiquated rule. The proposed rule would accommodate current
technologies and provide regulatory flexibility to accommodate future
technological development. This would benefit the repair station
community by applying modern, consistent, unambiguous terminology
throughout the regulated industry.
The proposed rule would also allow a repair station the option of
either maintaining its current procedures in applying for a rating or
providing the FAA with a capabilities list stating the products on
which it can work. In recent years, some repair stations have preferred
to develop a capabilities list, which can more efficiently be used to
obtain FAA approvals for expanding product work. Repair stations would
be allowed to use a capabilities list so long as the list follows the
FAA format that would be developed. This format consistency would allow
the FAA to more efficiently know exactly which repair stations are
performing specific repairs. The FAA is unable to estimate this
potential efficiency savings and requests data from the public on these
benefits.
The proposed rule would also allow a repair station the option of
either maintaining its current procedures in applying for a rating or
to supply the FAA with a capabilities list stating the products on
which it can work. In recent years, some repair stations have preferred
to develop a capabilities list, which can more efficiently be used to
obtain FAA approvals for expanding product work. Repair stations would
be allowed to use a capabilities list so long as the list follows the
FAA format that would be developed. This format consistency would allow
the FAA to more efficiently know exactly which repair stations are
performing specific repairs. The FAA is unable to estimate this
potential efficiency savings and requests data from the public.
As seen in Table 1, during the 2011-2020 period of this analysis,
the proposed rule would impose compliance costs of $14.493 million on
existing and future repair stations, which have a present value of
$13.045 million using a 7 percent discount rate and a present value of
$13.836 million using a 3 percent discount rate.
Table 1--Total and Present Value Compliance Costs by US Repair Station Size
[2011-2020]
[Millions of 2010 dollars]
----------------------------------------------------------------------------------------------------------------
Compliance costs
Number of -----------------------------------------------
Repair station size (Number of employees) repair Present value
stations -----------------------------------------------
Total 7 Percent 3 Percent
----------------------------------------------------------------------------------------------------------------
Small (1-10).................................... 1,838 $1.949 $1.738 $1.852
Medium (11-199)................................. 1,913 5.226 4.699 4.987
Large (200+).................................... 354 7.318 6.608 6.997
---------------------------------------------------------------
Total....................................... 4,105 14.493 13.045 13.836
----------------------------------------------------------------------------------------------------------------
As seen in Table 2, the FAA estimates that the average one-time
compliance cost would be $1,146 for a small repair station, $2,848 for
a medium-sized repair station, and $21,474 for a large repair station.
Table 2--Average One-Time Compliance Costs For a Repair Station by
Repair Station Size
[2011-2020]
------------------------------------------------------------------------
Repair station size One-time
------------------------------------------------------------------------
Small...................................................... $1,146
Medium..................................................... 2,848
Large...................................................... 21,474
------------------------------------------------------------------------
Consequently, in light of the propeller accident and the NTSB
recommendation based on it, the FAA believes that the proposed rule's
potential benefits would be greater than its potential compliance costs
if it prevented an accident with at least three fatalities during the
next ten years.
Cost Assumptions and Sources of Information
Discount rates--7% and 3%.
Period of analysis--2011-2020.
Monetary values expressed in 2010 dollars.
Costs of This Rulemaking
The proposed rule would impose compliance costs on repair stations
to
1. Apply for a rating; and
2. Revise their manuals.
As seen in Table 3, the estimated total compliance costs of the
proposed repair station manual revision ($12.869 million) would be
approximately 88 percent of the total compliance costs.
Table 3--Summary of Total and Present Values of the Compliance Costs by Provision and by Repair Station Size
[2011-2020]
[Millions of 2010 dollars]
----------------------------------------------------------------------------------------------------------------
Compliance costs
-----------------------------------------------
Provision Present value
-----------------------------------------------
Total 7 Percent 3 Percent
----------------------------------------------------------------------------------------------------------------
Rating System Application....................................... $1.624 $1.412 $1.524
Repair Station Manual Revision.................................. 12.869 11.633 12.312
-----------------------------------------------
[[Page 30074]]
Total....................................................... 14.493 13.045 13.836
----------------------------------------------------------------------------------------------------------------
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.
The FAA believes that this proposed rule would not have a
significant impact on a substantial number of small entities for the
following reason:
The Small Business Administration classifies ``small'' entities
based on either employment or annual revenue. For this proposed rule, a
small entity is defined as ``Other Support Activities for Air
Transportation'' (North American Industrial Classification System
488190) with revenues of $7 million or less. Revenue data compiled by
Dun and Bradstreet indicates that of the repair stations for which data
are available, 2,354 repair stations have revenues of $7 million or
less and that the average revenue per small entity is $1,272,500. The
initial compliance cost to a small repair station would average about
$4,000. This cost would be less than one percent of the average annual
revenue and less than two percent of the annual revenue for firms that
earn more than $200,000.
Therefore, the FAA certifies that this proposed rule would not have
a significant economic impact on a substantial number of small
entities. The FAA solicits comments regarding this determination.
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 $143.1 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
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 proposed rule and determined that
it would ensure the safety of the American public and does not exclude
foreign repair stations that meet this objective. As a result, this
rule is not considered as creating an unnecessary obstacle to foreign
commerce.
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. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), 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 Office of Management and Budget (OMB) control number.
This proposal contains a revision of a currently approved
collection (OMB-2120-0682) subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)). The title, description, and number of respondents,
frequency of the collection, and estimate of the annual total reporting
and recordkeeping burden are shown below:
Title: Repair Stations (14 CFR part 145).
Summary: Part 145 describes how to obtain a repair station
certificate. The part also contains the rules a certificated repair
station must follow related to its performance of maintenance,
preventive maintenance, or alterations of an aircraft, airframe,
aircraft engine, propeller, appliance, or component part to which part
43 applies. It also applies to any person who holds or is required to
hold a repair station certificate issued under this part.
Use: Specifically, the information is required from applicants who
wish repair station certification. Applicants
[[Page 30075]]
must submit the required data to the appropriate FAA District Office
for review and acceptance/approval. If the information is satisfactory,
an onsite inspection is conducted. When all Part 145 requirements are
met an air agency certificate and repair station operations
specifications with appropriate ratings and limitations is issued.
Part 145 is being updated and revised. The action is necessary
because many portions of the current regulations do not reflect current
repair station business practices, aircraft maintenance practices, or
advances in aircraft technology.
Respondents: There are 3,704 repair stations.
Frequency: The FAA expects this to be a one-time burden on the
affected public.
Annual Burden Estimate:
Estimated average burden per employee: $31 for a One-Time
Collection.
Estimated Annual Burden Hours: 0 Hours.
Estimated Annual Burden Costs: $0.
The agency is soliciting comments to:
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate, automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by August 20, 2012. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC
20053.
IV. International Compatibility
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.
Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.
B. Executive Order 13211, Regulations that Significantly Affect Energy
Supply, Distribution, or Use
The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have 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.
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.
Additional Information
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and we place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (https://www.regulations.gov);
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.gpo.gov/fdsys/.
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 docket number or notice number of this rulemaking.
You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the internet through the Federal eRulemaking Portal referenced in
paragraph (1).
[[Page 30076]]
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety.
List of Subjects in 14 CFR Part 91
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
List of Subjects in 14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Recordkeeping and reporting, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Chapter I of Title 14, Code of Federal
Regulations, as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
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.
2. Amend Appendix B by revising paragraph (b)(3) to read as
follows:
Appendix B to Part 43--Recording of Major Repairs and Major Alterations
* * * * *
(b) * * *
(3) Give the aircraft owner an approval for return to service
signed by an authorized representative of the repair station and
incorporating the following information:
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
3. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).
4. Amend Sec. 91.171 by revising paragraph (b)(1) to read as
follows:
Sec. 91.171 VOR equipment check for IFR operations.
* * * * *
(b) * * *
(1) Use, at the airport of intended departure, an FAA-operated or
approved test signal or a test signal radiated by an appropriately
rated repair station or, outside the United States, a test signal
operated or approved by an appropriate authority to check the VOR
equipment (the maximum permissible indicated bearing error is plus or
minus 4 degrees); or
* * * * *
5. Amend Sec. 91.319 by revising paragraph (g)(1) to read as
follows:
Sec. 91.319 Aircraft having experimental certificates: Operating
limitations.
* * * * *
(g) * * *
(1) Been inspected by an appropriately certificated person in
accordance with the operating limitations issued as part of the
airworthiness certificate for that aircraft; or
* * * * *
6. Amend Sec. 91.327 by revising paragraphs (b)(1) and (2) and
(c)(1) to read as follows:
Sec. 91.327 Aircraft having a special airworthiness certificate in
the light-sport category: Operating limitations.
* * * * *
(b) * * *
(1) The aircraft is maintained by an appropriately certificated
person in accordance with the applicable provisions of part 43 of this
chapter;
(2) A condition inspection is performed once every 12 calendar
months by an appropriately certificated person in accordance with the
operating limitations issued as part of the airworthiness certificate
for that aircraft;
* * * * *
(c) * * *
(1) Been inspected by an appropriately certificated person in
accordance with the operating limitations issued as part of the
airworthiness certificate for that aircraft and been approved for
return to service in accordance with part 43 of this chapter; or
* * * * *
7. Amend Sec. 91.409 by revising paragraph (d)(1) to read as
follows:
Sec. 91.409 Inspections.
* * * * *
(d) * * *
(1) An appropriately certificated person or the manufacturer of the
aircraft to supervise or conduct the progressive inspection.
* * * * *
8. Amend Sec. 91.411 by revising paragraph (b)(2) to read as
follows:
Sec. 91.411 Altimeter system and altitude reporting equipment tests
and inspections.
* * * * *
(b) * * *
(2) An appropriately certificated person.
* * * * *
9. Amend Sec. 91.413 by revising paragraph (c)(1) to read as
follows:
Sec. 91.413 ATC transponder tests and inspections.
* * * * *
(c) * * *
(1) An appropriately certificated person.
* * * * *
10. Amend Appendix A to part 91.413 by revising paragraph (b)(1) in
section 4 as follows:
Appendix A to Part 91--Category II Operations: Manual, Instruments,
Equipment, and Maintenance
* * * * *
4. Maintenance program
* * * * *
(b) * * *
(1) It must be performed by an appropriately certificated
person.
* * * * *
PART 145--REPAIR STATIONS
11. The authority citation for part 145 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717.
12. Revise Sec. 145.1 to read as follows:
Sec. 145.1 Applicability.
Subparts A through E of this part:
(a) Expire and are reserved on [the date 24 months after the
effective date of the rule].
(b) Apply to repair stations certificated prior to [the effective
date of the rule] until such time as those repair stations apply for
and are certificated under subparts F through J of this part, or [the
date 24 months after the effective date of the rule] whichever occurs
first.
(c) Contain the rules a repair station certificated prior to [the
effective date of the rule] must follow related to its performance of
maintenance, preventive maintenance, or alterations of an aircraft,
airframe, aircraft engine, propeller, appliance, or component part to
which part 43 of this chapter applies, until such time as those repair
stations must comply with subparts F through J of this part. It also
applies to any person who holds out as an FAA-certified repair station
certificate issued under this part.
13. Amend Sec. 145.3 by revising the introductory text to read as
follows:
Sec. 145.3 Definition of terms.
For the purposes of subparts A through E, the following definitions
apply:
* * * * *
14. Section 145.12 is added to subpart A to read as follows:
[[Page 30077]]
Sec. 145.12 Repair station records: Falsification, reproduction, or
alteration.
(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false entry in any record or
report (including any application for a repair station certificate or
rating) that is required to be made, kept, or used to show compliance
with any requirement under this part;
(2) Any reproduction, for fraudulent purpose, of any record or
report (including any application for a repair station certificate or
rating) under this part; or
(3) Any alteration, for fraudulent purpose, of any record or report
(including any application for a repair station certificate or rating)
under this part.
(b) The commission by any person of an act prohibited under
paragraph (a) of this section is a basis for suspending or revoking the
repair station certificate and any certificate, approval, or
authorization issued by the FAA held by that person.
15. Amend Sec. 145.51 by revising paragraphs (a) and (d) to read
as follows:
Sec. 145.51 Application for certificate.
(a) An application for a repair station certificate and rating must
be made in accordance with Sec. 145.1051.
* * * * *
(d) An application for an additional rating or amended repair
station certificate must be made in accordance with Sec. 145.1051.
16. Amend Sec. 145.53 by revising paragraph (a) to read as
follows:
Sec. 145.53 Issue of certificate.
(a) Except as provided in paragraph (b), (c), or (d) of this
section, a person who meets the requirements of subparts A through E of
this part is entitled to a repair station certificate with appropriate
ratings prescribing such operations specifications and limitations as
are necessary in the interest of safety, until [the date 24 months
after the effective date of the rule] at which time any certificate
issued under the requirements of subparts A through E of this part is
no longer valid.
* * * * *
17. Amend Sec. 145.55 by revising paragraphs (a), (b) and (c)(1)
to read as follows:
Sec. 145.55 Duration and renewal of certificate.
(a) A certificate or rating issued to a repair station located in
the United States, is effective from the date of issue until the repair
station surrenders it or the FAA suspends or revokes it, or [the date
24 months after the effective date of the rule] whichever occurs first.
(b) A certificate or rating issued to a repair station located
outside the United States is effective from the date of issue until the
last day of the 12th month after the date of issue unless the repair
station surrenders the certificate or the FAA suspends or revokes it,
but no longer than [the date 24 months after the effective date of the
rule]. The FAA may renew the certificate or rating for 24 months, but
not beyond [the date 24 months after the effective date of the rule] if
the repair station has operated in compliance with the applicable
requirements of part 145 within the preceding certificate duration
period.
(c) * * *
(1) Submit its request for renewal no later than 30 days before the
repair station's current certificate expires. If a request for renewal
is not made within this period, the repair station must follow the
application procedures in Sec. 145.1051.
* * * * *
18. Amend Sec. 145.57 by revising paragraphs (a) introductory text
and (b) to read as follows:
Sec. 145.57 Amendment to or transfer of certificate.
(a) The holder of a repair station certificate must apply for any
voluntary change to its certificate in accordance with Sec. 145.1051.
A change to the certificate must include certification in compliance
with Sec. 145.53(c) or (d), if not previously submitted. A certificate
change is necessary if the certificate holder--
* * * * *
(b) If the holder of a repair station certificate sells or
transfers its assets, the new owner must apply for certification in
accordance with Sec. 145.1051.
19. Amend Sec. 145.105 by revising paragraph (a) to read as
follows:
Sec. 145.105 Change of location, housing, or facilities.
(a) A certificated repair station that makes any changes to its
housing or facilities required by Sec. 145.103 that could have a
significant effect on its ability to perform the maintenance,
preventive maintenance, or alterations under its repair station
certificate and operations specifications must comply with Sec.
145.1051.
* * * * *
20. Amend part 145 by adding new subpart F to read as follows:
Subpart F--General
145.1001 Applicability.
145.1003 Definition of terms.
145.1005 Certificate and operations specifications requirements.
145.1012 Repair station records: Falsification, reproduction, or
alteration.
Subpart F--General
Sec. 145.1001 Applicability.
Subparts F through J of this part:
(a) Describe how to obtain a repair station certificate after
[effective date of rule].
(b) Contain the rules a repair station receiving a certificate must
follow related to its performance of maintenance, preventive
maintenance, and alterations of civil aircraft, airframes, aircraft
engines, propellers, appliances, or component parts to which part 43 of
this chapter applies.
(c) Apply to any person who holds out as an FAA-certificated repair
station.
Sec. 145.1003 Definition of terms.
For the purposes of subparts F through J of this part, the
following definitions apply:
(a) Accountable manager means the person designated by the
certificated repair station who is responsible for and has the
authority over all repair station operations that are conducted under
part 145, including ensuring that repair station personnel follow the
regulations, and serves as the primary contact with the FAA.
(b) Article means an aircraft, airframe, aircraft engine,
propeller, appliance, or component part.
(c) Avionics are articles generally associated with the processing
of digital electrical signals. Examples include: radios, navigation
equipment, radar, data processors, and cathode ray tubes.
(d) Directly in charge means having the responsibility for the work
of a certificated repair station that performs maintenance, preventive
maintenance, alterations, or other functions affecting aircraft
airworthiness. A person directly in charge does not need to physically
observe and direct each worker constantly but must be readily available
for consultation on matters requiring instruction or decision from
higher authority.
(e) Line maintenance means maintenance performed 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, which is generally
performed at the ramp, parking area, or gate, and typically will not
exceed 24 continuous hours per aircraft.
[[Page 30078]]
Sec. 145.1005 Certificate and operations specifications requirements.
(a) No person may operate as a certificated repair station without,
or in violation of, a repair station certificate, rating, or operations
specifications issued under this part.
(b) The certificate and operations specifications issued to a
certificated repair station must be available on the premises for
inspection by the public and the FAA.
Sec. 145.1012 Repair station records: Falsification, reproduction, or
alteration.
(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false entry in any record or
report (including any application for a repair station certificate or
rating) that is required to be made, kept, or used to show compliance
with any requirement under this part;
(2) Any reproduction, for fraudulent purpose, of any record or
report (including any application for a repair station certificate or
rating) under this part; or
(3) Any alteration, for fraudulent purpose, of any record or report
(including any application for a repair station certificate or rating)
under this part.
(b) The commission by any person of an act prohibited under
paragraph (a) of this section is a basis for suspending or revoking the
repair station certificate and any certificate, approval, or
authorization issued by the FAA held by that person.
21. Amend part 145 by adding new subpart G to read as follows:
Subpart G--Certification
145.1051 Application for certificate.
145.1053 Issue of certificate.
145.1055 Duration and renewal of certificate.
145.1056 Amendment to or transfer of certificate.
145.1057 Operations specifications.
145.1058 Amending operations specifications.
145.1059 Ratings.
145.1061 Limitations to ratings.
Subpart G--Certification
Sec. 145.1051 Application for certificate.
(a) An application for a repair station certificate and rating must
be made in a format acceptable to the FAA and must include the
following:
(1) For initial applicants, a letter of compliance detailing how
the applicant will comply with all sections of this part.
(2) A repair station manual acceptable to the FAA as required by
Sec. 145.1207;
(3) A quality control manual acceptable to the FAA as required by
Sec. 145.1207 (the repair station and quality control manuals may be
contained in the same document if they are clearly identified);
(4) A list that includes each product or article for which the
application is made, as defined in the rating system identified in
Sec. 145.1059.
(5) An organizational chart of the repair station with the names
and titles of managing and supervisory personnel;
(6) The physical address and a description of all the repair
station housing and facilities, including any additional fixed
locations requested for approval in accordance with Sec. 145.1103(d).
(7) A list of the maintenance functions, for approval by the FAA,
to be performed for the repair station under contract by another person
under the provisions of Sec. 145.1217; and
(8) A description of the training program for approval by the FAA
in accordance with Sec. 145.1163.
(b) The technical data, housing, facilities, equipment, tools, test
apparatus, materials, and personnel required for the certificate and
rating, or for an additional rating, must be in place for inspection at
the time of certification or rating approval by the FAA.
(c) In addition to meeting the other applicable requirements for a
repair station certificate and rating, an applicant for a repair
station certificate and rating located outside the United States must
meet the following requirements:
(1) The applicant must show that the repair station certificate
and/or rating is necessary for maintaining or altering the following:
(i) U.S.-registered aircraft or articles for use on U.S.-registered
aircraft, or
(ii) Foreign-registered aircraft operated under the provisions of
part 121 or part 135 of this chapter, or articles for use on those
aircraft.
(2) The applicant must show that the fee prescribed by the FAA has
been paid.
(d) An application for an additional rating, amended repair station
certificate, or renewal of a repair station certificate must be made in
a format acceptable to the FAA. The application should include only
that information necessary to substantiate the change or renewal of the
certificate.
(e) An application for a repair station certificate may be denied
if the FAA finds that:
(1) The applicant holds a repair station certificate in the process
of being revoked, or previously held a repair station certificate that
was revoked;
(2) The applicant intends to fill or fills a management position
with an individual who exercised control over or who held the same or a
similar position with a certificate holder whose repair station
certificate was revoked, or is in the process of being revoked, and
that individual materially contributed to the circumstances causing the
revocation or causing the revocation process;
(3) An individual who will hold a management position previously
held a management position with a certificate holder whose repair
station certificate was revoked, or is in the process of being revoked,
and the individual materially contributed to the circumstances causing
the revocation or causing the revocation process; or
(4) An individual who will have control over or substantial
ownership interest in the applicant had the same or similar control or
interest in a certificate holder whose repair station certificate was
revoked, or is in the process of being revoked, and that individual
materially contributed to the circumstances causing the revocation or
causing the revocation process.
Sec. 145.1053 Issue of certificate.
(a) A person who meets the requirements of this part is eligible to
be issued a repair station certificate with appropriate ratings
prescribing such operations specifications and limitations as are
necessary in the interest of safety.
(b) If the person is located in a country with which the United
States has a bilateral aviation safety agreement, the FAA may find that
the person meets the requirements of this part based on a certification
from the civil aviation authority of that country or an authority
acceptable to the FAA. This certification must be made in accordance
with implementation procedures signed by the FAA or the FAA's designee.
(c) Before an air agency certificate can be issued for a repair
station that is located within the United States, the applicant shall
certify in writing that all hazmat employees (as defined in 49 CFR
171.8) for the repair station, its contractors, or subcontractors are
trained as required in 49 CFR part 172, subpart H.
(d) Before an air agency certificate can be issued for a repair
station located outside the United States, the applicant shall certify
in writing that all employees for the repair station, its contractors,
or subcontractors performing a job function concerning the transport of
dangerous goods
[[Page 30079]]
(hazardous material) are trained as outlined in the most current
edition of the International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air.
Sec. 145.1055 Duration and renewal of certificate.
(a) A certificate or rating issued to a repair station located in
the United States is effective from the date of issue until the repair
station surrenders the certificate and the FAA accepts it for
cancellation, or the FAA suspends or revokes it.
(b) A certificate or rating issued to a repair station located
outside the United States is effective from the date of issue until the
last day of the 12th month after the date of issue unless the repair
station surrenders the certificate and the FAA accepts it for
cancellation, or the FAA suspends or revokes it. The FAA may renew the
certificate or rating for 24 months if the repair station has operated
in compliance with the applicable requirements of part 145 within the
preceding certificate duration period.
(c) A certificated repair station located outside the United States
that applies for a renewal of its repair station certificate must--
(1) Submit its request for renewal no later than 30 days before the
repair station's current certificate expires. If a request for renewal
is not made within this period, the repair station must follow the
application procedures in Sec. 145.1051;
(2) Send its request for renewal to the FAA office that has
jurisdiction over the certificated repair station; and
(3) Show that the fee prescribed by the FAA has been paid.
(d) The holder of an expired, surrendered, suspended, or revoked
certificate must return it to the FAA.
Sec. 145.1056 Amendment to or transfer of certificate.
(a) An application to amend a repair station certificate must be
made to the certificate-holding district office in a form and manner
acceptable to the FAA. The request must meet the certification
requirements of Sec. 145.1051(d) and the statement required by Sec.
145.1053(c) or (d) must be included, if not previously submitted.
(b) The certificate holder must file the application made under
paragraph (a) of this section with the certificate holding district
office at least 15 days before the date proposed by the applicant for
the amendment to become effective, unless the FAA accepts filing within
a shorter period.
(c) A certificate amendment is necessary if the certificate holder
changes the location of the repair station or requests to add or amend
a rating.
(d) If the holder of a repair station certificate sells or
transfers its assets, the new owner must apply for an amended
certificate in accordance with Sec. 145.1051.
Sec. 145.1057 Operations specifications.
(a) Except for operations specifications paragraphs specifying
ratings and limitations to those ratings, operations specifications are
not part of a certificate.
(b) Operations specifications issued under this part are effective
as long as the repair station certificate is valid.
(c) The operations specifications issued to a repair station must
be available at the repair station for inspection by the public and the
FAA at the address required by paragraph (d)(1) of this section.
(d) Each certificate holder's operations specifications must
contain--
(1) The physical address of the certificate holder's fixed location
for operation of the repair station. The address shall also serve as
the address for mailed paper correspondence between the FAA and the
certificate holder;
(2) The ratings held and any limitations to those ratings;
(3) Any special authorizations and limitations for the conduct of
repair station operations;
(4) Any exemption granted by the FAA to the repair station; and
(5) Any other information the FAA determines is necessary.
(e) If the optional capability list provided for in Sec. 145.1215
is not used, each certificate holder's operations specifications must,
within the rating categories authorized under Sec. 145.1059, identify
each airframe, powerplant, or propeller by manufacturer, model, and
series as applicable. For a Component rating, the operations
specifications must identify each component or appliance included in
the rating by manufacturer, manufacturer-designated nomenclature, and
basic part number. For a Specialized Service rating, the operations
specifications must identify each specific and unique maintenance
function and the FAA acceptable specification associated with each
function.
Sec. 145.1058 Amending operations specifications.
(a) The FAA may amend any operations specifications issued under
this part if--
(1) The operations specification was issued erroneously;
(2) The FAA revises the operations specifications template;
(3) The FAA determines that safety in air commerce and the public
interest require the amendment; or
(4) The certificate holder applies for the amendment and the FAA
determines that safety in air commerce and the public interest allows
the amendment.
(b) Except for an amendment involving a rating or a limitation to a
rating, which would be considered a certificate action, and except as
provided in paragraph (e) of this section for other amendments in which
the certificate-holding district office finds that an emergency exists
requiring immediate action, when the FAA initiates an amendment to a
certificate holder's operations specifications, the following procedure
applies:
(1) The certificate-holding district office notifies the
certificate holder in writing of the proposed amendment.
(2) The certificate-holding district office sets a reasonable
period (but not less than 7 days) within which the certificate holder
may submit written information, views, and arguments on the amendment.
(3) After considering the material presented, the certificate-
holding district office notifies the certificate holder of--
(i) The adoption of the proposed amendment;
(ii) The partial adoption of the proposed amendment; or
(iii) The withdrawal of the proposed amendment.
(4) If the certificate-holding district office issues an amendment
to the operations specifications, it becomes effective not less than 30
days after the certificate holder receives notice of it unless--
(i) The certificate-holding district office finds under paragraph
(e) of this section that an emergency exists requiring immediate action
with respect to safety in air commerce; or
(ii) The certificate holder petitions for reconsideration of the
amendment under paragraph (d) of this section.
(c) If the certificate holder applies for an amendment to its
operations specifications, the following procedure applies:
(1) The certificate holder must file an application to amend its
operations specifications at least 15 days before the date proposed by
the applicant for the amendment to become effective;
(2) The application must be submitted to the certificate-holding
district office in a form and manner prescribed by the FAA.
[[Page 30080]]
(3) After considering the material presented, the certificate-
holding district office notifies the certificate holder of--
(i) The adoption of the applied-for amendment;
(ii) The partial adoption of the applied-for amendment; or
(iii) The denial of the applied-for amendment. The certificate
holder may petition for reconsideration of a denial under paragraph (d)
of this section.
(4) If the certificate-holding district office approves the
amendment following coordination with the certificate holder regarding
its implementation, the amendment is effective on the date the FAA
approves it.
(d) When a certificate holder seeks reconsideration of a decision
from the certificate-holding district office concerning the amendment
of operations specifications, the following procedure applies:
(1) The certificate holder must petition for reconsideration of
that decision within 30 days of the date that the certificate holder
receives a notice of denial of the amendment to its operations
specifications, or of the date it receives notice of an FAA-initiated
amendment to its operations specifications, whichever circumstance
applies.
(2) The certificate holder must address its petition to the
applicable Flight Standards Regional Division Manager.
(3) A petition for reconsideration, if filed within the 30-day
period, suspends the effectiveness of any amendment issued by the
certificate-holding district office unless the certificate-holding
district office has found, under paragraph (e) of this section, that an
emergency exists requiring immediate action with respect to safety in
air transportation or air commerce, in which case the amendment remains
in effect during the appeal.
(e) If the certificate-holding district office finds that an
emergency exists requiring immediate action with respect to safety in
air commerce that makes the procedures set out in paragraph (d) of this
section impracticable or contrary to the public interest:
(1) The certificate-holding district office amends the operations
specifications and makes the amendment effective on the day the
certificate holder receives notice of it.
(2) In the notice to the certificate holder, the certificate-
holding district office articulates the reasons for its finding that an
emergency exists requiring immediate action with respect to safety in
air commerce that makes it impracticable or contrary to the public
interest to stay the effectiveness of the amendment.
Sec. 145.1059 Ratings.
(a) Airframe rating. The following categories are authorized under
the airframe rating:
(1) Category 1: Aircraft certificated under parts 23 and 27.
(2) Category 2: Aircraft certificated under parts 25 and 29.
(3) Category 3: All other aircraft.
(i) A certificated repair station with an Airframe rating may
perform maintenance, preventive maintenance, and alterations on
airframes under the provisions listed on its operations specifications;
(ii) A certificated repair station with an Airframe rating shall
not perform maintenance, preventive maintenance, or alterations on
those articles for which a Powerplant or Propeller rating is required,
unless the repair station possesses the appropriate rating; and
(iii) A certificated repair station with an Airframe rating is not
required to obtain a separate Component rating to maintain articles
associated with its rating and capabilities.
(b) Powerplant rating. The following categories are authorized
under the Powerplant rating:
(1) Category 1: Reciprocating engines.
(2) Category 2: Turbine engines.
(3) Category 3: Auxiliary Power Units (APU).
(4) Category 4: All other powerplants.
(i) A certificated repair station with a Powerplant rating may
perform maintenance, preventive maintenance, and alterations on
powerplants and auxiliary power units under the provisions listed on
its operations specifications;
(ii) A certificated repair station with a Powerplant rating shall
not perform maintenance, preventive maintenance, or alterations on
those articles for which an Airframe or Propeller rating is required,
unless the repair station possesses the appropriate rating; and
(iii) A certificated repair station with a Powerplant rating is not
required to obtain a separate Component rating to maintain articles
associated with its rating and capabilities.
(c) Propeller rating. The following categories are authorized under
the Propeller rating:
(1) Category 1: Fixed-pitch and ground-adjustable pitch propellers.
(2) Category 2: Variable-pitch propellers.
(3) Category 3: All other propellers.
(i) A certificated repair station with a Propeller rating may
perform maintenance, preventive maintenance, and alterations on
propellers under the provisions listed on its operations
specifications;
(ii) A certificated repair station with a Propeller rating shall
not perform maintenance, preventive maintenance, or alterations on
those articles for which an Airframe or Powerplant rating is required,
unless the repair station possesses the appropriate rating;
and
(iii) A certificated repair station with a Propeller rating is not
required to obtain a separate Component rating to maintain articles
associated with its rating and capabilities.
(d) Component rating.
(1) A certificated repair station with a Component rating may
perform maintenance, preventive maintenance, and alterations on
appliances and components that are not installed on an airframe,
powerplant, or propeller under the provisions listed on its operations
specifications.
(2) A certificated repair station with a Component rating must have
an Airframe, Powerplant, or Propeller rating with limitations in
accordance with Sec. 145.1061 to install articles on those products.
(e) Specialized Service rating.
(1) The FAA may issue a Specialized Service rating to a
certificated repair station that performs a specific and unique
maintenance function.
(2) The maintenance function must be performed in accordance with
an FAA-acceptable specification.
(3) The repair station's operations specifications must contain the
specification used to perform the maintenance function. The
specification may be:
(i) A current industry or military specification acceptable to the
FAA or,
(ii) A specification developed by the applicant and approved by the
FAA.
(4) A certificated repair station may, under its Specialized
Service rating, perform only the maintenance functions that are listed
on the repair station's operations specifications.
(5) A certificated repair station with a Specialized Service rating
shall not contract out any maintenance function associated with that
rating.
Sec. 145.1061 Limitations to ratings.
(a) The FAA may issue limitations to the ratings of a certificated
repair station for a particular type of airframe, powerplant,
propeller, component, or specialized service that is listed on the
repair station's operations specifications.
(b) The repair station's operations specifications will identify
the rating in Sec. 145.1059 to which the limitations apply.
[[Page 30081]]
(c) Limitations to any rating in Sec. 145.1059 may be issued as
deemed appropriate by the FAA, including, but not limited to, line
maintenance.
22. Amend part 145 by adding new subpart H to read as follows:
Subpart H-- Technical Data, Housing, Facilities, Equipment, and
Materials
145.1101 General.
145.1103 Housing and facilities requirements.
145.1105 Change of location, housing, or facilities.
145.1107 Satellite repair stations.
145.1109 Technical data, equipment, tools, test apparatus, and
materials requirements.
Subpart H--Technical Data, Housing, Facilities, Equipment, and
Materials
Sec. 145.1101 General.
A certificated repair station must provide the technical data,
housing, facilities, equipment, tools, test apparatus, and materials
that meet the applicable requirements for the issuance of the
certificate and any rating the repair station holds.
Sec. 145.1103 Housing and facilities requirements.
(a) Each certificated repair station must provide and maintain--
(1) Suitable permanent housing for the facilities, equipment,
materials, and personnel consistent with its ratings.
(2) Facilities for properly performing the maintenance, preventive
maintenance, and alterations of articles 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,
and 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 alterations
of 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;
(iv) Space sufficient to segregate and protect articles and
materials stocked for installation from those articles undergoing
maintenance, preventive maintenance, or alterations; and
(v) Ventilation, lighting, and control of temperature, humidity,
and other climatic conditions sufficient to ensure personnel perform
maintenance, preventive maintenance, and alterations to the standards
required by this part.
(b) A certificated repair station with an airframe rating must
provide and maintain suitable permanent housing with the ability to
enclose the largest type and model of aircraft for which it is rated.
Notwithstanding this requirement for suitable permanent housing, the
FAA may determine that a repair station with limitations to its
airframe rating does not need to have housing to enclose an entire
aircraft if the FAA determines that adequate environmental protection
is provided by the repair station consistent with the limitations
issued in accordance with Sec. 145.1061.
(c) A certificated repair station may perform maintenance,
preventive maintenance, and alterations on articles outside of its
housing if it provides suitable facilities that are acceptable to the
FAA and meet the requirements of Sec. 145.1103(a) so the work can be
performed in accordance with the requirements of part 43 of this
chapter.
(d) A certificated repair station may continually perform
maintenance, preventive maintenance, and alterations on any article for
which it is rated at additional fixed locations if the following
requirements are met:
(1) The repair station applies for and receives approval of
additional fixed locations.
(2) For a repair station located within the United States, the
additional fixed location is within the geographical boundaries of the
Certificate Holding District Office.
(3) For a repair station located outside of the United States, the
additional fixed location is within close proximity of the certificated
repair station, as determined by the FAA.
(4) The location is permanently affixed and is under the managerial
control and authority of the repair station.
(5) The maintenance functions performed at the additional fixed
locations are in support of and within the scope of the ratings listed
on the repair station's operations specifications.
Sec. 145.1105 Change of location, housing, or facilities.
(a) A certificated repair station shall not change the location of
its housing without written approval from the FAA.
(b) A certificated repair station shall not make any changes to its
housing or facilities required by Sec. 145.1103 that could have a
significant effect on its ability to perform the maintenance,
preventive maintenance, or alterations under its repair station
certificate and operations specifications without written approval from
the FAA.
(c) The FAA may prescribe the conditions, including any
limitations, under which a certificated repair station must operate
while it is changing its location, housing, or facilities.
Sec. 145.1107 Satellite repair stations.
(a) A certificated repair station under the managerial control of
another certificated repair station may operate as a satellite repair
station with its own certificate issued by the FAA. Each satellite
repair station must:
(1) Meet the requirements for each rating it holds
(2) Submit to its certificate holding district office the same
manuals as the repair station that exercises managerial control. Each
manual must identify any specific processes or procedures either unique
to the satellite repair station or applicable only to the repair
station with managerial control.
(3) Submit to its certificate holding district office the same
training program for approval as the repair station that exercises
managerial control. The program must identify any specific processes or
procedures either unique to the satellite repair station or applicable
only to the repair station with managerial control.
(4) Be able to demonstrate compliance with its manual.
(5) Meet the housing and facility requirements of Sec. 145.1103.
(6) Have its own housing and facilities in a location with a
physical address other than the repair station with managerial control.
(b) Unless the FAA indicates otherwise, personnel and equipment
from a certificated repair station with managerial control and from
each of its satellite repair stations may be shared. However,
inspection personnel must be designated for each satellite repair
station and available at the satellite repair station any time a
determination of airworthiness or approval for return to service is
made. At other times, inspection personnel may be away from the
premises but must be available by telephone, radio, or other electronic
means.
(c) A satellite repair station may not be located in a country
other than the domicile country of the certificated repair station with
managerial control.
Sec. 145.1109 Technical data, equipment, tools, test apparatus, and
materials requirements.
(a) Except as otherwise prescribed by the FAA, a certificated
repair station must have and maintain the equipment, tools, test
apparatus, materials, and, in
[[Page 30082]]
a format acceptable to the FAA, the technical data necessary to perform
the maintenance, preventive maintenance, or alterations under its
repair station certificate and operations specifications in accordance
with part 43 of this chapter.
(b) Notwithstanding the requirement in paragraph (a) of this
section for a repair station to have the necessary equipment, tools,
and test apparatus, that requirement may be met for specialized and
rarely used equipment, tools, and test apparatus if the repair station
can demonstrate to the FAA it has made arrangements with another person
to make those items available to the repair station at any time their
use is required.
(c) A certificated repair station must ensure that all test and
inspection equipment and tools used to make airworthiness
determinations on articles are calibrated to a standard acceptable to
the FAA.
23. Amend part 145 by adding new subpart I to read as follows:
Subpart I--Personnel
145.1151 Personnel requirements.
145.1153 Supervisory personnel requirements.
145.1155 Inspection personnel requirements.
145.1157 Personnel authorized to approve an article for return to
service.
145.1159 Recommendation of a person for certification as a
repairman.
145.1161 Records of management, supervisory, and inspection
personnel.
145.1163 Training requirements.
145.1165 Hazardous materials training.
Subpart Personnel
Sec. 145.1151 Personnel requirements.
Each certificated repair station must--
(a) Designate a repair station employee as the accountable manager;
(b) Provide qualified personnel to plan, supervise, perform, and
approve for return to service the maintenance, preventive maintenance,
or alterations performed under the repair station certificate and
operations specifications;
(c) Ensure it has a sufficient number of employees with the
training or knowledge and experience in the performance of maintenance,
preventive maintenance, or alterations authorized by the repair station
certificate and operations specifications to ensure all work, including
work contracted to a noncertificated person in accordance with Sec.
145.1217(b), is performed in accordance with part 43 of this chapter;
and
(d) Determine the abilities of its employees performing maintenance
functions based on training, knowledge, experience, or practical tests.
Sec. 145.1153 Supervisory personnel requirements.
(a) A certificated repair station must ensure it has a sufficient
number of supervisors to direct the work performed under the repair
station certificate and operations specifications. The supervisors must
be present to oversee the work performed.
(b) Each supervisor must--
(1) If employed by a repair station located inside the United
States, be appropriately certificated under part 65 of this chapter for
the work being supervised.
(2) If employed by a repair station located outside the United
States-
(i) Meet the requirements of paragraph (b)(1) of this section; or
(ii) Meet the eligibility requirements of Sec. 65.101(a)(1), (2),
(3) and (5) of this chapter.
(c) A certificated repair station must ensure its supervisors
understand, speak, read, and write English.
Sec. 145.1155 Inspection personnel requirements.
(a) A certificated repair station must ensure that persons
performing inspections under the repair station certificate and
operations specifications are--
(1) Thoroughly familiar with the applicable regulations in this
chapter and with the inspection methods, techniques, practices, aids,
equipment, and tools used to determine the airworthiness of the article
on which maintenance, preventive maintenance, or alterations are being
performed; and
(2) Proficient in using the various types of inspection equipment
and visual inspection aids appropriate for the article being inspected.
(b) A certificated repair station must ensure its inspectors
understand, speak, read, and write English.
(c) A certificated repair station must ensure that an inspector is
available at the article while performing inspections.
Sec. 145.1157 Personnel authorized to approve an article for return
to service.
(a) Each person authorized to approve an article for return to
service must be thoroughly familiar with the applicable regulations in
this chapter and proficient in the use of the various applicable
inspection methods, techniques, and practices.
(b) A certificated repair station located inside the United States
must ensure that each person authorized to approve an article for
return to service is appropriately certificated under part 65 of this
chapter for the work approved.
(c) A certificated repair station located outside the United States
must ensure that each person authorized to approve an article for
return to service:
(1) Is certificated as required by paragraph (b) of this section,
or;
(2) Meets the eligibility requirements of Sec. 65.101(a) (1), (2),
(3) and (5) of this chapter.
(d) A certificated repair station must ensure that each person
authorized to approve an article for return to service understands,
speaks, reads, and writes English.
(e) A certificated repair station must ensure that a person
authorized to approve an article for return to service is available to
inspect the article any time such approval is made.
Sec. 145.1159 Recommendation of a person for certification as a
repairman.
A certificated repair station that chooses to use repairmen to meet
the applicable personnel requirements of this part must certify in a
format acceptable to the FAA that each person recommended for
certification as a repairman--
(a) Is employed by the repair station, and
(b) Meets the eligibility requirements of Sec. 65.101 of this
chapter.
Sec. 145.1161 Records of management, supervisory, and inspection
personnel.
(a) A certificated repair station must maintain and make available
in a format acceptable to the FAA the following:
(1) A roster of management and supervisory personnel that includes
the names of the repair station officials who are responsible for its
management and the names of its supervisors who oversee maintenance
functions.
(2) A roster with the names of all inspection personnel.
(3) A roster of personnel authorized to approve for return to
service a maintained or altered article.
(4) A summary of the employment history of each individual whose
name is on the personnel rosters required by paragraphs (a)(1) through
(a)(3) of this section. The summary must contain enough information on
each individual listed on the roster to show compliance with the
experience requirements of this part and must include the following:
(i) Present title,
(ii) Total years of experience and the type of maintenance work
performed,
(iii) Past relevant employment with names of employers and periods
of employment, positions, and types of maintenance performed,
(iv) Scope of present employment, and
[[Page 30083]]
(v) The type of mechanic or repairman certificate held and the
ratings on that certificate, if applicable.
(b) Within 5 business days of the change, the rosters required by
this section must reflect changes caused by termination, reassignment,
change in duties or scope of assignment, or addition of personnel.
Sec. 145.1163 Training requirements.
(a) A certificated repair station must have an employee training
program approved by the FAA that consists of initial and recurrent
training.
(b) The training program must ensure that each employee assigned to
perform maintenance, preventive maintenance, alterations, or inspection
functions is--
(1) Capable of performing the assigned task;
(2) Trained in human factors relevant to aviation maintenance;
(3) Trained in the Federal Aviation Regulations as they relate to
Part 145; and
(4) Trained in the repair station's manuals, quality control
program, procedures, and forms.
(c) A certificated repair station must document, in a format
acceptable to the FAA, the individual employee training required under
this section. These records must be retained for a minimum of 2 years.
(d) A certificated repair station must submit training program
revisions to its certificate holding district office in accordance with
the procedures in the repair station manual as required by Sec.
145.1209(e)(2).
Sec. 145.1165 Hazardous materials training.
(a) Each repair station that meets the definition of a hazmat
employer under 49 CFR 171.8 must have a hazardous materials training
program that meets the training requirements of 49 CFR part 172,
subpart H.
(b) A repair station employee shall not perform or directly
supervise a job function listed in Sec. 121.1001 or Sec. 135.501 of
this chapter for, or on behalf of the part 121 or 135 operator,
including loading of items for transport on an aircraft operated by a
part 121 or part 135 certificate holder, unless that person has
received training in accordance with the part 121 or part 135
operator's FAA-approved hazardous materials training program.
24. Amend part 145 by adding new subpart J to read as follows:
Subpart J--Operating Rules
145.1201 Privileges and limitations of certificate.
145.1203 Work performed at another location.
145.1205 Maintenance, preventive maintenance, and alterations
performed for certificate holders under parts 121, 125, and 135, and
for foreign air carriers or foreign persons operating a U.S.-
registered aircraft in common carriage under part 129.
145.1206 Notification of hazardous materials authorizations.
145.1207 Repair station and quality control manuals.
145.1209 Repair station manual contents.
145.1211 Quality control system.
145.1213 Inspection of maintenance, preventive maintenance, or
alterations.
145.1215 Capability list
145.1217 Contract maintenance.
145.1219 Recordkeeping.
145.1221 Service difficulty reports.
145.1223 FAA inspections.
Subpart J--Operating Rules
Sec. 145.1201 Privileges and limitations of certificate.
(a) A certificated repair station may--
(1) Perform maintenance, preventive maintenance, or alterations in
accordance with part 43 of this chapter on any article for which it is
rated and within the limitations in its operations specifications.
(2) In accordance with Sec. 145.1217, arrange for another person
to perform maintenance, preventive maintenance, or alterations of any
article for which it is rated.
(3) Approve for return to service any article for which it is rated
after it has performed maintenance, preventive maintenance, or an
alteration in accordance with part 43 of this chapter.
(b) A certificated repair station shall not approve for return to
service under part 43 of this chapter--
(1) Any article for which it is not rated;
(2) Any article for which it is rated if it requires special
technical data, equipment, or facilities that are not available to it;
(3) Any article unless the maintenance, preventive maintenance, or
alteration was performed in accordance with the applicable approved
technical data or data acceptable to the FAA, and using methods,
techniques, and practices acceptable to the FAA.
(4) Any article after a major repair or major alteration unless the
major repair or major alteration was performed in accordance with
applicable approved technical data; or
(5) Any experimental aircraft after a major repair or major
alteration performed under Sec. 43.1(b) of this chapter unless the
major repair or major alteration was performed in accordance with
methods and applicable technical data acceptable to the FAA.
Sec. 145.1203 Work performed at another location.
A certificated repair station may temporarily transport material,
equipment, and personnel needed to perform maintenance, preventive
maintenance, or alterations on an article for which it is rated to a
place other than the repair station's fixed location if the following
requirements are met:
(a) The work is necessary due to a special circumstance, as
determined by the FAA, or
(b) It is authorized by the FAA to perform such work on a recurring
basis, and the repair station's manual includes the procedures for
accomplishing maintenance, preventive maintenance, or alterations at a
place other than the repair station's fixed location.
Sec. 145.1205 Maintenance, preventive maintenance, and alterations
performed for certificate holders under parts 121, 125, and 135, and
for foreign air carriers or foreign persons operating U.S.-registered
aircraft in common carriage under part 129.
(a) A certificated repair station that performs maintenance,
preventive maintenance, or alterations for an air carrier or air
operator under parts 121 or 135 of this chapter, or for a foreign air
carrier or foreign person operating U.S.-registered aircraft in common
carriage under part 129 of this chapter, shall perform that work in
accordance with the instructions provided by that air carrier, air
operator, or foreign air carrier or foreign person.
(b) A certificated repair station that performs inspections on an
aircraft that is subject to an inspection program under Sec. 91.409(e)
or parts 125 or 135 of this chapter shall do that work in accordance
with the inspection program provided by the operator of that aircraft.
Sec. 145.1206 Notification of hazardous materials authorizations.
(a) Each repair station must acknowledge receipt of the part 121 or
part 135 operator notification required under Sec. Sec. 121.1005(e)
and 135.505(e) of this chapter prior to performing work for, or on
behalf of, that certificate holder.
(b) Prior to performing work for or on behalf of a part 121 or part
135 operator, each repair station must notify its employees,
contractors, or subcontractors that handle or replace aircraft
components or other items regulated by 49 CFR parts 171 through 180 of
each certificate holder's operations specifications authorization
permitting, or prohibition against, carrying hazardous materials. This
notification must be provided subsequent to the notification by the
part 121 or part 135 operator of such
[[Page 30084]]
operations specifications authorization/designation.
Sec. 145.1207 Repair station and quality control manuals.
A certificated repair station must:
(a) Prepare and follow repair station and quality control manuals
acceptable to the FAA;
(b) Maintain current repair station and quality control manuals;
(c) Ensure the manuals required by this section are accessible for
use by repair station personnel;
(d) Provide to its certificate holding district office the current
manuals in a format acceptable to the FAA; and
(e) Notify its certificate holding district office of each revision
to its manuals in accordance with the procedures required by Sec. Sec.
145.1209(e)(7) and 145.1211(c)(3).
Sec. 145.1209 Repair station manual contents.
A certificated repair station's manual must include at least the
following:
(a) An organizational chart identifying--
(1) Each management position with authority to act on behalf of the
repair station;
(2) The area of responsibility assigned to each management
position; and
(3) The duties, responsibilities, and authority of each management
position.
(b) A description of the certificated repair station's operations,
including the technical data, housing, facilities, equipment, and
materials as required by this part;
(c) A description of--
(1) The required records and the recordkeeping system used to
obtain, store, and retrieve the required records; and
(2) The system used to identify and control sections of the repair
station manual.
(d) Procedures for revising the capabilities list if used,
including--
(1) Submitting the revisions to the certificate holding district
office for approval; or
(2) The self-evaluation permitted under Sec. 145.1215(d)(2) for
making changes to the capability list, including--
(i) Determining that the repair station has all of the technical
data, housing, facilities, equipment, material, processes, and trained
personnel in place;
(ii) Methods and frequency of such evaluations, including
procedures for reporting the results to the appropriate repair station
manager for review and action;
(iii) Notifying the certificate holding district office of changes
to the list, including how often the certificate holding district
office will be notified of changes; and
(iv) Documenting the self evaluation and periodic review, including
making such documentation available to the FAA, and retaining it for a
period of 2 years.
(e) Procedures for--
(1) Maintaining and revising the rosters required by Sec.
145.1161;
(2) Revising the training program required by Sec. 145.1163 and
submitting revisions to the certificate holding district office for
approval;
(3) Governing work performed at another location in accordance with
Sec. 145.1203;
(4) Performing maintenance, preventive maintenance, or alterations
under Sec. 145.1205;
(5) Maintaining and revising a list of the maintenance functions
approved by the FAA that may be performed under contract by another
person in accordance with Sec. 145.1217(a)(1), including submitting
revisions to the certificate holding district office for approval;
(6) Maintaining and revising the contract maintenance information
required by Sec. 145.1217(a)(2) including how and when the certificate
holding district office is notified of revisions; and
(7) Revising the repair station's manual and notifying its
certificate holding district office of revisions to the manual,
including how often the certificate holding district office will be
notified of revisions.
Sec. 145.1211 Quality control system.
(a) A certificated repair station must establish and maintain a
quality control system acceptable to the FAA that ensures the
airworthiness of the articles on which the repair station or any of its
contractors performs maintenance, preventive maintenance, or
alterations.
(b) Repair station personnel must follow the quality control system
when performing maintenance, preventive maintenance, or alterations
under the repair station certificate and operations specifications.
(c) The quality control manual must include at least the following:
(1) A description of the quality control system and procedures used
for--
(i) Inspecting incoming materials to ensure acceptable quality;
(ii) Performing preliminary inspection of all articles that are
maintained;
(iii) Inspecting all articles that have been involved in an
accident for hidden damage before maintenance, preventive maintenance,
or alteration is performed;
(iv) Establishing and maintaining proficiency of inspection
personnel; (v) Establishing and maintaining current technical data for
maintaining articles;
(vi) Qualifying and surveilling noncertificated persons who perform
maintenance, preventive maintenance, or alterations for the repair
station in accordance with 145.1217;
(vii) Performing final inspection and approval for return to
service of maintained articles; (viii) Calibrating measuring and test
equipment used in maintaining articles, including the intervals at
which the equipment will be calibrated;
(ix) Taking corrective action on deficiencies;
(x) Identifying and managing suspected unapproved parts; and
(xi) Ensuring that maintenance not completed as a result of shift
change or similar interruption is properly completed.
(2) A sample of the inspection and maintenance forms and
instructions for completing such forms or a reference to a separate
forms manual; and
(3) Procedures for revising the quality control manual required
under this section and notifying the certificate holding district
office of the revisions, including how often the certificate holding
district office will be notified of revisions.
Sec. 145.1213 Inspection of maintenance, preventive maintenance, or
alterations.
(a) A certificated repair station must inspect each article upon
which it has performed maintenance, preventive maintenance, or
alterations as described in paragraphs (b) and (c) of this section
before approving that article for return to service.
(b) A certificated repair station must certify that the article is
airworthy with respect to the maintenance, preventive maintenance, or
alterations performed after--
(1) The repair station performs work on the article; and
(2) An inspector inspects the article on which the repair station
has performed work and determines it to be airworthy with respect to
the work performed.
(c) For the purposes of paragraphs (a) and (b) of this section, an
inspector must meet the requirements of Sec. 145.1155
Sec. 145.1215 Capability list.
(a) A certificated repair station may establish and maintain, in a
format acceptable to the FAA, a capability list that includes all the
articles for which it is rated to perform maintenance, preventive
maintenance, or alterations.
[[Page 30085]]
(b) An article may be listed on the capability list only if it is
within the scope of the repair station's ratings and operations
specifications.
(c) Within the rating categories identified in Sec. 145.1059, the
capability list must identify each airframe, powerplant, or propeller
by manufacturer, model, and series as applicable. For a component
rating, the list must identify each component for which the repair
station is rated by manufacturer, manufacturer-designated nomenclature,
and basic part number.
(d) Changes may be made to the capabilities list:
(1) By submitting a request to the FAA for approval; or
(2) Upon application, as prescribed in Sec. 145.1058, the repair
station may request authorization in its operations specifications to
make additions to the capabilities list through self-evaluation. The
self-evaluation must be documented and include a determination that the
repair station has all of the technical data, housing, facilities,
equipment, material, processes, and trained personnel in place to
perform maintenance, preventive maintenance, or alterations on the
article in accordance with this part.
(e) Following changes to its capabilities list, the repair station
must provide its certificate holding district office with a copy of the
revised list in accordance with the procedures required in Sec.
145.1209(d).
(f) A periodic review of the capability list must be accomplished
at least every 2 years to determine if it is current. Following the
periodic review, the capability list shall be revised to remove those
articles for which the repair station no longer has the technical data,
housing, facilities, equipment, material, processes, or trained
personnel necessary to perform maintenance or alterations on the
article.
Sec. 145.1217 Contract maintenance.
(a) A certificated repair station may contract a maintenance
function pertaining to an article to another person provided--
(1) The maintenance function to be contracted is approved by the
FAA; and
(2) The repair station maintains and makes available to its
certificate holding district office, in a format acceptable to the FAA,
the following information:
(i) The name of each person with whom the repair station contracts
maintenance functions;
(ii) The type of certificate and ratings, if any, held by each
person to whom the repair station contracts a maintenance function; and
(iii) The maintenance function(s) contracted to each person.
(b) If a maintenance function is contracted under paragraph (a) of
this section to a person not certificated to perform the work, the
repair station must:
(1) Determine, in accordance with the procedures required under
Sec. 145.1211(c) (1) (vi), that the noncertificated person follows a
quality control system equivalent to the system followed by the
certificated repair station;
(2) Remain directly in charge of the work performed by the
noncertificated person;
(3) Verify, by test and/or inspection, that the work has been
performed satisfactorily and that the article is airworthy before
approving it for return to service; and
(4) Ensure the repair station employee requirements of Sec.
145.1151(c) are met when accomplishing the requirements of paragraphs
(b) (1) and (b) (3) of this section.
(c) A certificated repair station may not exercise the privileges
of its certificate by providing only approval for return to service of
an article following contracting of maintenance, preventive
maintenance, or alterations.
Sec. 145.1219 Recordkeeping.
(a) A certificated repair station must retain records in English
that demonstrate compliance with the requirements of part 43 of this
chapter. The records must be retained in a format acceptable to the
FAA.
(b) A certificated repair station must provide a copy of the
approval for return to service in accordance with Sec. 43.5 of this
chapter to the owner or operator of the article on which maintenance,
preventive maintenance, or alteration was performed.
(c) A certificated repair station must retain the records required
by this section for at least 2 years from the date the article was
approved for return to service.
(d) A certificated repair station must make all required records
available for inspection by the FAA and the National Transportation
Safety Board.
Sec. 145.1221 Service difficulty reports.
(a) A certificated repair station must report to the FAA discovery
of any serious failure, malfunction, or defect of an article in a
format acceptable to the FAA. The report must be submitted within 96
hours of approving the article for return to service.
(b) The report required under paragraph (a) of this section must
include as much of the following information as is available:
(1) Aircraft registration number;
(2) Type, make, and model of the article;
(3) Date of the discovery of the failure, malfunction, or defect;
(4) Nature of the failure, malfunction, or defect;
(5) Time since last overhaul, if applicable;
(6) Apparent cause of the failure, malfunction, or defect; and
(7) Other pertinent information that is necessary for more complete
identification, determination of seriousness, or corrective action.
(c) The holder of a repair station certificate that is also the
holder of a part 121, 125, or 135 certificate; type certificate
(including a supplemental type certificate); parts manufacturer
approval; or technical standard order authorization, or that is the
licensee of a type certificate holder, does not need to report a
failure, malfunction, or defect under this section if the failure,
malfunction, or defect has been reported under parts 21, 121, 125, or
135 of this chapter.
(d) A certificated repair station may submit a service difficulty
report for the following:
(1) A part 121 certificate holder, provided the report meets the
requirements of part 121 of this chapter, as appropriate.
(2) A part 125 certificate holder, provided the report meets the
requirements of part 125 of this chapter, as appropriate.
(3) A part 135 certificate holder, provided the report meets the
requirements of part 135 of the chapter, as appropriate.
(e) A certificated repair station authorized to report a failure,
malfunction, or defect under paragraph (d) of this section must not
report the same failure, malfunction, or defect under paragraph (a) of
this section. A copy of the report submitted under paragraph (d) of
this section must be forwarded to the certificate holder.
Sec. 145.1223 FAA inspections.
(a) A certificated repair station must allow the FAA to inspect
that repair station at any time to determine compliance with this
chapter.
(b) A certificated repair station may not contract for the
performance of a maintenance function on an article with a
noncertificated person unless it provides in its contract with the
noncertificated person that the FAA may make an inspection and observe
the performance of the noncertificated person's work on the article.
(c) A certificated repair station may not approve for return to
service any
[[Page 30086]]
article on which a maintenance function was performed by a
noncertificated person if the noncertificated person does not permit
the FAA to make the inspection described in paragraph (b) of this
section.
Subparts A through E [Removed and Reserved]
25. On [24 months after publication of final rule], remove and
reserve subparts A through E.
Issued in Washington, DC, on May 3, 2012.
Raymond Towles,
Acting Director, Flight Standards Service.
[FR Doc. 2012-11984 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P
