Type Certification Procedures for Changed Products, 71691-71695 [2012-29276]
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to assess
the effects of a Federal regulatory action
on State, local, and tribal governments,
and the private sector. DOE has
determined that today’s regulatory
action does not impose a Federal
mandate on State, local or tribal
governments or on the private sector.
I. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
rule would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guideline issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed today’s rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to the Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
as any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
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OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s regulatory action is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of today’s final rule. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 801(2).
M. Approval by the Office of the
Secretary of Energy
The Office of the Secretary of Energy
has approved issuance of this rule.
List of Subjects in 10 CFR Part 710
Administrative practice and
procedure, Classified information,
Government contracts, Government
employees, Nuclear materials.
Issued in Washington, DC, on November
26, 2012.
Gregory H. Woods,
General Counsel.
71691
3. Section 710.36 is revised to read as
follows:
■
§ 710.36
Acting officials.
Except for the Secretary, the
responsibilities and authorities
conferred in this subpart may be
exercised by persons who have been
designated in writing as acting for, or in
the temporary capacity of, the following
DOE positions: The Local Director of
Security; the Manager; the Director,
Office of Personnel Security, DOE
Headquarters; or the General Counsel.
The responsibilities and authorities of
the Principal Deputy Chief for Mission
Support Operations, Office of Health,
Safety and Security, may be exercised
by persons in security-related Senior
Executive Service positions within the
Office of Health, Safety and Security
who have been designated in writing as
acting for, or in the temporary capacity
of, the Principal Deputy Chief for
Mission Support Operations, with the
approval of the Chief Health, Safety and
Security Officer.
[FR Doc. 2012–29234 Filed 12–3–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
For the reasons stated in the
preamble, DOE amends part 710 of
chapter III, title 10, Code of Federal
Regulations, as set forth below:
[Docket No. FAA–2001–8994; Amdt. No. 21–
96]
PART 710—CRITERIA AND
PROCEDURES FOR DETERMINING
ELIGIBILTY FOR ACCESS TO
CLASSIFIED MATTER OR SPECIAL
NUCLEAR MATERIAL
Type Certification Procedures for
Changed Products
1. The authority citation for part 710
is revised to read as follows:
■
Authority: 42 U.S.C. 2165, 2201, 5815,
7101, et seq., 7383h–l; 50 U.S.C. 2401 et seq.;
E.O. 10450, 3 CFR 1949–1953 comp., p. 936,
as amended; E.O. 10865, 3 CFR 1959–1963
comp., p. 398, as amended, 3 CFR Chap. IV;
E.O. 13526, 3 CFR 2010 Comp., pp. 298–327
(or successor orders); E.O. 12968, 3 CFR 1995
Comp., p. 391.
§§ 710.9, 710.10, 710.28, 710.29, 710.30,
710.31, and 710.32 [Amended]
2. Sections 710.9(e); 710.10(f);
710.28(c)(2); 710.29(a), (b), (c), (d), (f),
(g), (h), (i) ; 710.30(b)(2); 710.31(a), (b),
(d); and 710.32(c) are amended by
removing the words ‘‘Deputy Chief for
Operations’’ and adding, in their place,
the words ‘‘Principal Deputy Chief for
Mission Support Operations’’ wherever
they appear.
■
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RIN 2120–AK19
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is revising a final
rule published on June 7, 2000 (65 FR
36244). In that final rule, the FAA
amended its regulations for the
certification of changes to typecertificated products. That amendment
was to enhance safety by applying the
latest airworthiness standards, to the
extent practical, for the certification of
significant design changes of aircraft,
aircraft engines, and propellers. The
existing rule requires the applicant
show that the ‘‘changed product’’
complies with applicable standards.
This action revises that requirement so
that an applicant is required to show
compliance only for the change and
areas affected by the change. The
intended effect of this action is to make
the regulation consistent with the FAA’s
SUMMARY:
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
intent and with the certification practice
both before and after the adoption of the
existing rule.
DATES: Effective date: This rule becomes
effective February 4, 2013.
Comment date: Send comments on or
before January 3, 2013.
ADDRESSES: Send comments identified
by docket number FAA–2001–8994
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 (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: 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
docket. This includes 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
action, contact Victor Powell,
Certification Procedures Office (AIR–
110), Aircraft Certification Service,
Federal Aviation Administration, 950
L’Enfant Plaza SW., Washington, DC
20024; telephone (202) 385–6326; email
victor.powell@faa.gov; or Randall
Petersen, Certification Procedures Office
(AIR–110), Aircraft Certification
Service, Federal Aviation
Administration, 950 L’Enfant Plaza SW.,
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Washington, DC 20024; telephone (202)
385–6325, email
randall.petersen@faa.gov.
For legal questions concerning this
action, contact Douglas Anderson,
Northwest Mountain Region—Deputy
Regional Counsel (ANM–7), Office of
the Chief Counsel, Federal Aviation
Administration Northwest Mountain
Regional Office, 1601 Lind Ave. SW.,
Renton, WA 98057; telephone (425)
227–2166; facsimile (425) 227–1007;
email douglas.anderson@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Federal Aviation
Administration’s (FAA) authority to
issue rules on aviation safety is found in
Title 49 of the United States Code.
Subtitle I, section 106, describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes the scope of the FAA
Administrator’s authority.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart III, chapter 447,
section 44701. Under that section,
Congress charges the FAA with
promoting the safe flight of civil aircraft
in air commerce by prescribing
regulations for practices, methods, and
procedures the FAA Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it will clarify
existing requirements for an applicant’s
showing of compliance of an altered
type-certificated product.
I. Overview of Final Rule
The FAA has recognized over time the
wording of current § 21.101 may
establish a requirement for a compliance
showing that is too broad for an
applicant for a major design change. The
current § 21.101(a) requires an applicant
to show the ‘‘changed product’’ meets
applicable airworthiness requirements.1
The purpose of § 21.101 is to require an
applicant to evaluate the proposed
design change and its effect on the
product rather than the re-evaluation
(certification) of the entire changed
product. Therefore, § 21.101 is amended
to replace ‘‘changed product’’ with
‘‘change and areas affected by the
change’’ to accurately limit the scope of
compliance responsibility for the
applicant. That change is also made in
§ 21.97 for the same reason.
II. Background
On June 7, 2000, the FAA published
a final rule entitled, ‘‘Type Certification
1 The term ‘‘product’’ is defined in § 21.1(b) as
‘‘aircraft, aircraft engine, or propeller.’’
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Procedures for Changed Products’’ (65
FR 36244). In that final rule, the FAA
revised the procedural requirements for
the certification of changes to typecertificated products. The revision
required the applicant to apply the
latest airworthiness standards in effect,
to the extent practical, for the
certification of significant design
changes of aircraft, aircraft engines, and
propellers. Before this final rule, many
changes to aeronautical products were
not required to show compliance with
the latest airworthiness standards. This
rule was needed because incremental
design approval changes accumulated
into significant differences from the
original product. The final rule was
intended to expand under what
conditions the latest airworthiness
amendments needed to be applied to
changes to aeronautical products.
A. Statement of the Problem
Section 21.101 requires that
applicants show the ‘‘changed product’’
meets the applicable requirements to
obtain an amended type certificate,
supplemental type certificate, or
amended supplemental type certificate.
While the purpose of the rule was to
enhance safety by requiring compliance
with the latest amendments, we
intended to limit an applicant’s
responsibility to those areas affected by
the change. Areas not affected by the
change, as described in § 21.101(b)(2)
need not be resubstantiated.
The preambles to the notice of
proposed rulemaking (NPRM) (62 FR
24294, May 2, 1997) and the subsequent
final rule entitled ‘‘Type Certification
Procedures for Changed Products’’ (65
FR 36244, June 7, 2000) established
parameters of an applicant’s
responsibility for showing compliance
with the latest amendments to the
change and those areas affected by the
change of a type-certificated product.
However, the term ‘‘product’’ is defined
in § 21.1(b) to mean ‘‘aircraft, aircraft
engine, or propeller.’’ By requiring
applicants to show the ‘‘changed
product’’ meets applicable
requirements, we inadvertently required
the entire product be shown to meet at
least the requirements that applied to
the original type certificate. This was
not our intent and was neither the
FAA’s practice before the adoption of
that rule, nor has it been our practice
since its adoption.
B. Revision to the Regulation
The term ‘‘changed product’’ is
replaced with ‘‘change and areas
affected by the change’’ in § 21.101 to be
consistent with the rule language as
established in § 21.101(b)(2) and (b)(3)
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and to clarify the responsibility of the
applicant. The ‘‘change’’ refers to the
design change proposed by the
applicant. ‘‘Areas affected by the
change’’ refers to aspects of the type
design the applicant may not be
proposing to change directly, but that
are affected by the applicant’s proposal.
For example, changing an airframe’s
structure, such as adding a cargo door
in one location, may affect the frame or
floor loading in another area. Further,
upgrading engines with new
performance capabilities could require
additional showing of compliance for
minimum control speeds and airplane
performance requirements. For many
years the FAA has required applicants
to consider these effects, and this
practice is unchanged by this
rulemaking.
During efforts to revise § 21.101, the
FAA discovered that § 21.97(a)(2),
Approval of major changes in type
design, contains similar language to
§ 21.101 in the case of a ‘‘changed
product.’’ The FAA has therefore
determined that § 21.97(a)(2) should
also be changed by this amendment.
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IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Orders 12866 and 13563
direct that each Federal agency shall
propose or adopt a regulation only upon
a reasoned determination 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
likely to result in the expenditure by
state, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA
determined that this rule: (1) Has
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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 not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures, (4)
will not have a significant economic
impact on a substantial number of small
entities, (5) will not create unnecessary
obstacles to the foreign commerce of the
United States, and (6) will not impose
an unfunded mandate on state, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
a proposed or final rule does not
warrant a full evaluation, this order
allows that a statement to that effect and
the basis for it to be included in the
preamble if a full regulatory evaluation
of the cost and benefits is not prepared.
Such a minimal cost determination has
been made on this final rule because
this requirement reflects current
practices.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a final rule will have
a significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare an initial
regulatory flexibility analysis as
described in the RFA. However, if an
agency determines that a final rule will
not 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
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71693
determination, and the reasoning should
be clear.
The net economic impact of this rule
is expected to be minimal. As this rule
is clarifying in nature, the acting FAA
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
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. We assessed the
potential effect of this rule and
determined that it will not constitute an
obstacle to the foreign commerce of the
United States, and, thus, is consistent
with the Trade Assessments Act.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more
(adjusted annually for inflation with the
base year 1995) in any one year by state,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$143.1 million in lieu of $100 million.
This rule does not contain such a
mandate; therefore, the requirements of
Title II do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there is no
new requirement for information
collection associated with this final
rule.
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F. International Compatibility and
Cooperation
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these regulations.
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
G. 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
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312(f) of the Order and
involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 12866
See the ‘‘Regulatory Evaluation’’
discussion in the ‘‘Regulatory Notices
and Analyses’’ section elsewhere in this
preamble.
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B. Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
Federal Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
will not have Federalism implications.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA has analyzed this final rule
under Executive Order 13211, Actions
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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.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the amendments in this document. The
most helpful comments reference a
specific portion of the rulemaking,
explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this rulemaking. Before acting on this
rulemaking, the FAA will consider all
comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
Proprietary or Confidential Business
Information: Commenters should not
file proprietary or confidential business
information in the docket. Such
information must be sent or delivered
directly to the person identified in the
FOR FURTHER INFORMATION CONTACT
section of this document, and marked as
proprietary or confidential. If submitting
information on a disk or CD ROM, mark
the outside of the disk or CD ROM, and
identify electronically within the disk or
CD ROM the specific information that is
proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. It is held in a
separate file to which the public does
not have access, and the FAA places a
note in the docket that it has received
it. If the FAA receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
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552). The FAA processes such a request
under Department of Transportation
procedures found in 49 CFR part 7.
B. Availability of Rulemaking
Documents
An electronic copy of a rulemaking
document my be obtained by using the
Internet—
1. Search the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Access the Government Printing
Office’s Web page at https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending a request (identified by notice,
amendment, or docket number of this
rulemaking) to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680.
C. Comments Submitted to the Docket
Comments received may be viewed by
going to https://www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
C. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document, may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the Internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 21
Aircraft, Aviation safety, Exports,
Imports, Reporting and recordkeeping
requirements.
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of Title 14, Code of
Federal Regulations as follows:
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PART 21—CERTIFICATION
PROCEDURES FOR PRODUCTS AND
PARTS
1. The authority citation for part 21
continues to read as follows:
■
Authority: 42 U.S.C. 7572; 49 U.S.C.
106(g), 40105, 40113, 44701–44702, 44704,
44707, 44709, 44711, 44713, 44715, 45303.
2. In § 21.97, revise paragraph (a)(2) to
read as follows:
■
§ 21.97 Approval of major changes in type
design.
(a) * * *
(2) Show that the change and areas
affected by the change comply with the
applicable requirements of this
subchapter, and provide the FAA the
means by which such compliance has
been shown; and
*
*
*
*
*
■ 3. In § 21.101, revise paragraphs (a),
(b) introductory text, (b)(3), and (c) to
read as follows:
erowe on DSK2VPTVN1PROD with
§ 21.101 Designation of applicable
regulations.
(a) An applicant for a change to a type
certificate must show that the change
and areas affected by the change comply
with the airworthiness requirements
applicable to the category of the product
in effect on the date of the application
for the change and with parts 34 and 36
of this chapter. Exceptions are detailed
in paragraphs (b) and (c) of this section.
(b) Except as provided in paragraph
(g) of this section, if paragraphs (b)(1),
(2), or (3) of this section apply, an
applicant may show that the change and
areas affected by the change comply
with an earlier amendment of a
regulation required by paragraph (a) of
this section, and of any other regulation
the FAA finds is directly related.
However, the earlier amended
regulation may not precede either the
corresponding regulation incorporated
by reference in the type certificate, or
any regulation in §§ 23.2, 25.2, 27.2, or
29.2 of this subchapter that is related to
the change. The applicant may show
compliance with an earlier amendment
of a regulation for any of the following:
*
*
*
*
*
(3) Each area, system, component,
equipment, or appliance that is affected
by the change, for which the FAA finds
that compliance with a regulation
described in paragraph (a) of this
section would not contribute materially
to the level of safety of the product or
would be impractical.
(c) An applicant for a change to an
aircraft (other than a rotorcraft) of 6,000
pounds or less maximum weight, or to
a non-turbine rotorcraft of 3,000 pounds
VerDate Mar<15>2010
15:05 Dec 03, 2012
Jkt 229001
or less maximum weight may show that
the change and areas affected by the
change comply with the regulations
incorporated by reference in the type
certificate. However, if the FAA finds
that the change is significant in an area,
the FAA may designate compliance
with an amendment to the regulation
incorporated by reference in the type
certificate that applies to the change and
any regulation that the FAA finds is
directly related, unless the FAA also
finds that compliance with that
amendment or regulation would not
contribute materially to the level of
safety of the product or would be
impractical.
*
*
*
*
*
Issued in Washington, DC on November 21,
2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012–29276 Filed 12–3–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 173
[Docket No. FDA–2011–F–0853]
Secondary Direct Food Additives
Permitted in Food for Human
Consumption; Sodium
Dodecylbenzenesulfonate
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
food additive regulations to provide for
the safe use of sodium
dodecylbenzenesulfonate (CAS No.
25155–30–0) as an antimicrobial agent
for use in wash water for fruits and
vegetables without the requirement of a
potable water rinse. This action is in
response to a petition filed by Ecolab,
Inc.
SUMMARY:
This rule is effective December 4,
2012. Submit either electronic or
written objections and requests for a
hearing by January 3, 2013. See section
VII of this document for information on
the filing of objections.
ADDRESSES: You may submit either
electronic or written objections and
requests for a hearing, identified by
Docket No. FDA–2011–F–0853, by any
of the following methods:
DATES:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
71695
Electronic Submissions
Submit electronic objections in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Written Submissions
Submit written objections in the
following ways:
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier (for
paper or CD–ROM submissions):
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.
Instructions: All submissions received
must include the Agency name and
Docket No. FDA–2011–F–0853 for this
rulemaking. All objections received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
objections, see the ‘‘Objections’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
read background documents or
objections received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Molly Harry, Center for Food Safety and
Applied Nutrition (HFS–265), Food and
Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740, 240–
402–1075.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice published in the Federal
Register of February 2, 2012 (77 FR
5201), FDA announced that a food
additive petition (FAP 2A4785) had
been filed by Ecolab, Inc., 370 North
Wabasha St., St. Paul, MN 55102–1390.
The petition proposed to amend the
food additive regulations in part 173,
‘‘Secondary Direct Food Additives
Permitted in Food for Human
Consumption’’ (21 CFR part 173), to
provide for the safe use of sodium
dodecylbenzenesulfonate (SDBS) as an
antimicrobial agent used as a
component of an antimicrobial
formulation added to wash water for
fruits and vegetables (e.g., whole fruits
and vegetables as well as fruits,
vegetables, and herbs that have been
chopped, sliced, cut, or peeled) to
reduce microorganisms in wash water
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71691-71695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. FAA-2001-8994; Amdt. No. 21-96]
RIN 2120-AK19
Type Certification Procedures for Changed Products
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising a final rule published on June 7, 2000 (65
FR 36244). In that final rule, the FAA amended its regulations for the
certification of changes to type-certificated products. That amendment
was to enhance safety by applying the latest airworthiness standards,
to the extent practical, for the certification of significant design
changes of aircraft, aircraft engines, and propellers. The existing
rule requires the applicant show that the ``changed product'' complies
with applicable standards. This action revises that requirement so that
an applicant is required to show compliance only for the change and
areas affected by the change. The intended effect of this action is to
make the regulation consistent with the FAA's
[[Page 71692]]
intent and with the certification practice both before and after the
adoption of the existing rule.
DATES: Effective date: This rule becomes effective February 4, 2013.
Comment date: Send comments on or before January 3, 2013.
ADDRESSES: Send comments identified by docket number FAA-2001-8994
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 (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: 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 docket. This includes 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 action, contact Victor Powell, Certification Procedures Office
(AIR-110), Aircraft Certification Service, Federal Aviation
Administration, 950 L'Enfant Plaza SW., Washington, DC 20024; telephone
(202) 385-6326; email victor.powell@faa.gov; or Randall Petersen,
Certification Procedures Office (AIR-110), Aircraft Certification
Service, Federal Aviation Administration, 950 L'Enfant Plaza SW.,
Washington, DC 20024; telephone (202) 385-6325, email
randall.petersen@faa.gov.
For legal questions concerning this action, contact Douglas
Anderson, Northwest Mountain Region--Deputy Regional Counsel (ANM-7),
Office of the Chief Counsel, Federal Aviation Administration Northwest
Mountain Regional Office, 1601 Lind Ave. SW., Renton, WA 98057;
telephone (425) 227-2166; facsimile (425) 227-1007; email
douglas.anderson@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Federal Aviation Administration's (FAA) authority to issue
rules on aviation safety is found in Title 49 of the United States
Code. Subtitle I, section 106, describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes the scope of
the FAA Administrator's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, chapter 447, section 44701. Under
that section, Congress charges the FAA with promoting the safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the FAA Administrator finds
necessary for safety in air commerce. This regulation is within the
scope of that authority because it will clarify existing requirements
for an applicant's showing of compliance of an altered type-
certificated product.
I. Overview of Final Rule
The FAA has recognized over time the wording of current Sec.
21.101 may establish a requirement for a compliance showing that is too
broad for an applicant for a major design change. The current Sec.
21.101(a) requires an applicant to show the ``changed product'' meets
applicable airworthiness requirements.\1\ The purpose of Sec. 21.101
is to require an applicant to evaluate the proposed design change and
its effect on the product rather than the re-evaluation (certification)
of the entire changed product. Therefore, Sec. 21.101 is amended to
replace ``changed product'' with ``change and areas affected by the
change'' to accurately limit the scope of compliance responsibility for
the applicant. That change is also made in Sec. 21.97 for the same
reason.
---------------------------------------------------------------------------
\1\ The term ``product'' is defined in Sec. 21.1(b) as
``aircraft, aircraft engine, or propeller.''
---------------------------------------------------------------------------
II. Background
On June 7, 2000, the FAA published a final rule entitled, ``Type
Certification Procedures for Changed Products'' (65 FR 36244). In that
final rule, the FAA revised the procedural requirements for the
certification of changes to type-certificated products. The revision
required the applicant to apply the latest airworthiness standards in
effect, to the extent practical, for the certification of significant
design changes of aircraft, aircraft engines, and propellers. Before
this final rule, many changes to aeronautical products were not
required to show compliance with the latest airworthiness standards.
This rule was needed because incremental design approval changes
accumulated into significant differences from the original product. The
final rule was intended to expand under what conditions the latest
airworthiness amendments needed to be applied to changes to
aeronautical products.
A. Statement of the Problem
Section 21.101 requires that applicants show the ``changed
product'' meets the applicable requirements to obtain an amended type
certificate, supplemental type certificate, or amended supplemental
type certificate. While the purpose of the rule was to enhance safety
by requiring compliance with the latest amendments, we intended to
limit an applicant's responsibility to those areas affected by the
change. Areas not affected by the change, as described in Sec.
21.101(b)(2) need not be resubstantiated.
The preambles to the notice of proposed rulemaking (NPRM) (62 FR
24294, May 2, 1997) and the subsequent final rule entitled ``Type
Certification Procedures for Changed Products'' (65 FR 36244, June 7,
2000) established parameters of an applicant's responsibility for
showing compliance with the latest amendments to the change and those
areas affected by the change of a type-certificated product. However,
the term ``product'' is defined in Sec. 21.1(b) to mean ``aircraft,
aircraft engine, or propeller.'' By requiring applicants to show the
``changed product'' meets applicable requirements, we inadvertently
required the entire product be shown to meet at least the requirements
that applied to the original type certificate. This was not our intent
and was neither the FAA's practice before the adoption of that rule,
nor has it been our practice since its adoption.
B. Revision to the Regulation
The term ``changed product'' is replaced with ``change and areas
affected by the change'' in Sec. 21.101 to be consistent with the rule
language as established in Sec. 21.101(b)(2) and (b)(3)
[[Page 71693]]
and to clarify the responsibility of the applicant. The ``change''
refers to the design change proposed by the applicant. ``Areas affected
by the change'' refers to aspects of the type design the applicant may
not be proposing to change directly, but that are affected by the
applicant's proposal. For example, changing an airframe's structure,
such as adding a cargo door in one location, may affect the frame or
floor loading in another area. Further, upgrading engines with new
performance capabilities could require additional showing of compliance
for minimum control speeds and airplane performance requirements. For
many years the FAA has required applicants to consider these effects,
and this practice is unchanged by this rulemaking.
During efforts to revise Sec. 21.101, the FAA discovered that
Sec. 21.97(a)(2), Approval of major changes in type design, contains
similar language to Sec. 21.101 in the case of a ``changed product.''
The FAA has therefore determined that Sec. 21.97(a)(2) should also be
changed by this amendment.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination 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 likely to result in the expenditure by state,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this rule.
In conducting these analyses, the FAA determined that this 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 not ``significant'' as defined in DOT's
Regulatory Policies and Procedures, (4) will not have a significant
economic impact on a substantial number of small entities, (5) will not
create unnecessary obstacles to the foreign commerce of the United
States, and (6) will not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order allows that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a minimal cost determination has been made on this final rule
because this requirement reflects current practices.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a final rule
will have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare an initial regulatory flexibility analysis as described in the
RFA. However, if an agency determines that a final rule will not 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 net economic impact of this rule is expected to be minimal. As
this rule is clarifying in nature, the acting FAA Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as 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. We assessed the
potential effect of this rule and determined that it will not
constitute an obstacle to the foreign commerce of the United States,
and, thus, is consistent with the Trade Assessments Act.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by state, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $143.1 million in lieu of $100 million. This rule does not contain
such a mandate; therefore, the requirements of Title II do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
[[Page 71694]]
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. 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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 312(f) of the Order and involves no
extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 12866
See the ``Regulatory Evaluation'' discussion in the ``Regulatory
Notices and Analyses'' section elsewhere in this preamble.
B. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, will not have Federalism implications.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (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.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the amendments in
this document. The most helpful comments reference a specific portion
of the rulemaking, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before acting on this rulemaking,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The agency may change this proposal in light of the
comments it receives.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/; or
3. Access the Government Printing Office's Web page at https://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
C. Comments Submitted to the Docket
Comments received may be viewed by going to https://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
C. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:
[[Page 71695]]
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
0
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. In Sec. 21.97, revise paragraph (a)(2) to read as follows:
Sec. 21.97 Approval of major changes in type design.
(a) * * *
(2) Show that the change and areas affected by the change comply
with the applicable requirements of this subchapter, and provide the
FAA the means by which such compliance has been shown; and
* * * * *
0
3. In Sec. 21.101, revise paragraphs (a), (b) introductory text,
(b)(3), and (c) to read as follows:
Sec. 21.101 Designation of applicable regulations.
(a) An applicant for a change to a type certificate must show that
the change and areas affected by the change comply with the
airworthiness requirements applicable to the category of the product in
effect on the date of the application for the change and with parts 34
and 36 of this chapter. Exceptions are detailed in paragraphs (b) and
(c) of this section.
(b) Except as provided in paragraph (g) of this section, if
paragraphs (b)(1), (2), or (3) of this section apply, an applicant may
show that the change and areas affected by the change comply with an
earlier amendment of a regulation required by paragraph (a) of this
section, and of any other regulation the FAA finds is directly related.
However, the earlier amended regulation may not precede either the
corresponding regulation incorporated by reference in the type
certificate, or any regulation in Sec. Sec. 23.2, 25.2, 27.2, or 29.2
of this subchapter that is related to the change. The applicant may
show compliance with an earlier amendment of a regulation for any of
the following:
* * * * *
(3) Each area, system, component, equipment, or appliance that is
affected by the change, for which the FAA finds that compliance with a
regulation described in paragraph (a) of this section would not
contribute materially to the level of safety of the product or would be
impractical.
(c) An applicant for a change to an aircraft (other than a
rotorcraft) of 6,000 pounds or less maximum weight, or to a non-turbine
rotorcraft of 3,000 pounds or less maximum weight may show that the
change and areas affected by the change comply with the regulations
incorporated by reference in the type certificate. However, if the FAA
finds that the change is significant in an area, the FAA may designate
compliance with an amendment to the regulation incorporated by
reference in the type certificate that applies to the change and any
regulation that the FAA finds is directly related, unless the FAA also
finds that compliance with that amendment or regulation would not
contribute materially to the level of safety of the product or would be
impractical.
* * * * *
Issued in Washington, DC on November 21, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-29276 Filed 12-3-12; 8:45 am]
BILLING CODE 4910-13-P
