Changes to Production Certificates and Approvals, 11004-11013 [2014-04330]
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules
test method and the ANSI Z21.10.3–
2013 test method.
2. DOE requests comment on whether
updates to DOE’s incorporated test
methods for unfired hot water storage
tanks are needed. In particular, DOE
requests comment on whether a single
test method for R-value should be used
(and if so, which industry method is
most appropriate), or whether replacing
R-value with standby loss as the energy
efficiency descriptor for unfired hot
water storage tanks would be preferable.
If a new metric such as standby loss is
more appropriate than R-value, DOE
requests feedback on the best way to
establish a standby loss test and the
parameters of such a test method.
3. DOE requests comment on potential
test procedure changes to address issues
with setting the tank thermostat,
including (but not limited to) either a
lower mean tank temperature
requirement or a measurement of outlet
water temperature rather than mean
tank temperature.
4. DOE requests comment on whether
clarifications are needed to the test
procedure for thermal efficiency of
commercial water heaters to indicate
required flow rates and to account for
potential changes in thermal energy
within the water heater from the start of
the 30-minute test to the end.
5. DOE seeks comment on appropriate
test procedures for commercial heat
pump water heaters. In particular, DOE
is interested in receiving comments and
information relating to the industry test
methods that are available (i.e.,
ASHRAE 118.1–2012 and AHRI 1300)
and whether any modifications to those
standards would be needed for adoption
as the Federal test method.
Issued in Washington, DC, on February 21,
2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2014–04304 Filed 2–26–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
14 CFR Parts 21 and 45
[Docket No. FAA–2013–0933; Notice No. 14–
01]
RIN 2120–AK20
Changes to Production Certificates
and Approvals
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA is proposing
changes to its certification procedures
and identification requirements for
aeronautical products and articles. The
proposed changes would: require
production approval holders to identify
an accountable manager who would be
responsible for, and have authority over,
their production operations and serve as
the primary contact with the FAA; allow
production approval holders to issue
authorized release documents for
aircraft engines, propellers, and articles;
permit production certificate holders to
manufacture and install interface
components; require production
approval holders to ensure that each
supplier-provided product, article, or
service conforms to the production
approval holder’s requirements and
establish a supplier-reporting process
for products, articles, or services that
have been released from or provided by
the supplier and subsequently found not
to conform to the production approval
holder’s requirements; and remove the
requirement that fixed-pitch wooden
propellers be marked using an approved
fireproof method. This proposal is
necessary to update our regulations by
revising certification and marking
requirements to reflect the current
global aeronautical manufacturing
environment, thereby promoting
aviation safety.
DATES: Send comments on or before
May 28, 2014.
ADDRESSES: Send comments identified
by docket number [Insert docket number
from heading] 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
SUMMARY:
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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 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 Priscilla Steward or
Robert Cook, Aircraft Certification
Service, Production Certification
Branch, AIR–220, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 385–6367; email:
priscilla.steward@faa.gov or telephone:
(202) 385–6358; email: robert.cook@
faa.gov.
For legal questions concerning this
action, contact Paul Greer, AGC–210,
Office of the Chief Counsel,
International Law, Legislation, and
Regulations Division, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–7930; email:
paul.g.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Department of Transportation
(‘‘the Department) has the responsibility
to develop transportation policies and
programs that contribute to providing
fast, safe, efficient, and convenient
transportation under Title 49, United
States Code (49 USC), Subtitle 1, § 101.
The Federal Aviation Administration
(FAA or ‘‘we/us/our’’) is an agency of
the Department. The FAA has general
authority to issue rules regarding
aviation safety, including minimum
standards for articles and for the design,
material, construction, quality of work,
and performance of aircraft, aircraft
engines, and propellers under 49 U.S.C.
106(g) and 44701. We may also
prescribe regulations in the interest of
safety for registering and identifying an
aircraft engine, propeller, or article
under 49 U.S.C. 44104.
The FAA is proposing to amend its
regulations governing the certification
procedures for products and articles and
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its requirements for identification and
registration marking. These changes
would improve the quality standards
applicable to manufacturers, which
would help ensure that products and
articles are produced as designed and
are safe to operate. For these reasons,
this proposed rule would be a
reasonable and necessary exercise of our
rulemaking authority and obligations.
List of Acronyms Used in This
Proposed Rule
BAA—Bilateral Airworthiness Agreement
BASA—Bilateral Aviation Safety Agreement
CFR—Code of Federal Regulations
EASA—European Aviation Safety Agency
FAA—Federal Aviation Administration
IC—Interface Component
ICAO—International Civil Aviation
Organization
NPRM—Notice of Proposed Rulemaking
PAH—Production Approval Holder
PC—Production Certificate
PLR—Production Limitation Record
PMA—Parts Manufacturer Approval
STC—Supplemental Type Certificate
TC—Type Certificate
TSO—Technical Standard Order
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
I. Overview of the Proposed Rule
In this NPRM, we are proposing
changes to certification and marking
requirements for products and articles.
Regulations pertaining to certification
requirements for products and articles
are in Title 14, Code of Federal
Regulations (14 CFR) part 21. Marking
requirements are in part 45.
The regulations in part 21 do not
require applicants for, or holders of, a
production approval to identify an
accountable manager. This proposal
would require applicants and PAHs to
identify an accountable manager. This
individual would be responsible for,
and have authority over, a PAH’s
production operations. This individual
would also serve as a PAH’s primary
contact with the FAA. Additionally, the
FAA proposes to amend part 21 to
require applicants and PAHs to amend,
where applicable, the documents
required by §§ 21.135, 21.305 and
21.605 to reflect the appointment of an
accountable manager. This proposal
would adopt the requirement for an
accountable manger currently contained
within part 145 and harmonize part 21
with EASA regulations.
Currently, part 21 allows for an
amendment to a PC holder’s PLR so the
PC holder can add a type-certificated
product or article. The FAA proposes to
amend part 21 to allow a PC holder to
manufacture and install interface
components (IC), under certain
conditions and limitations. An IC would
be defined as an article that serves as a
functional interface between an aircraft
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and an aircraft engine, an aircraft engine
and a propeller, or an aircraft and a
propeller. An interface component
would be designated by the holder of
the type certificate (or the supplemental
type certificate) who controls the
approved design data for that article.
Additionally, regulations currently
specify that a PAH must have
procedures that ensure each supplierfurnished product or article conforms to
its approved design. The regulations
also require that when a nonconforming
product or article is released from the
supplier, the supplier must report the
nonconformance to the PAH. The FAA
proposes to amend part 21 to clarify that
each supplier-provided product, article,
or service would be required to conform
to the PAH’s requirements. Production
approval holders would also have to
establish a supplier-reporting process
for products, articles, or services
released from or provided by the
supplier and subsequently found not to
conform to their requirements.
Currently, a person may obtain an
airworthiness approval for an aircraft
engine, propeller, or article only from
the FAA for a new or used aircraft
engine, propeller, or article. Production
approval holders may not issue these
airworthiness approvals under current
regulations. The FAA proposes to
amend part 21 to allow PAHs to issue
authorized release documents (using
FAA Form 8130–3) for new and used
aircraft engines, propellers, and articles.
This will provide PAHs with privileges
similar to those afforded European- and
Canadian-approved manufacturers.
The regulations in part 45 require a
propeller, propeller blade, or propeller
hub to be marked using an approved
fireproof method. The FAA proposes to
amend part 45 to exclude fixed-pitch
wooden propellers from the requirement
that such markings be fireproof. This
exclusion would allow manufacturers to
mark their products in a practical
manner that fully considers the inherent
nature of wooden propellers.
II. Background
To date, part 21 has been amended
numerous times since it was codified in
1964. Additionally, the origins of many
regulations in part 21 can also be traced
to the Civil Air Regulations codified in
1937.
Formerly, most manufacturers of
aviation products and articles had a
small, local supplier base. Production
certificate holders oversaw the
manufacture of replacement parts, and
the international market for aviation
products was relatively small. As a
result, for many years the U.S. had few
bilateral agreements with other
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countries for the export and import of
aviation products, and these agreements
were limited in scope.
Today, aviation products are
manufactured world-wide. The number
of suppliers has increased dramatically,
and they manufacture a greater
percentage of a given aircraft. Due to the
global nature of manufacturing, forming
business partnerships and agreements
are common approaches to lower costs,
share risks, and expand reachable
markets. Manufacturers collaborate
globally to reduce duplicate
requirements for shared suppliers. The
production of replacement parts under
PMAs and the international market for
aviation products have also increased
dramatically. In recognition of global
considerations regarding trade,
commerce, and other matters, the U.S.
has entered into over 30 bilateral
agreements with foreign aviation
authorities. These agreements are broad
in scope and establish the framework for
the international market.
A. Statement of the Problems
We are proposing changes to
regulations governing the certification
procedures for products and articles and
part-marking requirements. These
changes would improve the quality
standards applicable to manufacturers,
which would help to ensure that
products and articles are produced as
designed and are safe to operate. These
changes would also make it easier for
manufacturers to produce, obtain, and
export products and articles while
continuing to ensure their safety and
quality.
1. Accountable Manager
Under current regulations, a PAH is
not required to identify an accountable
manager to serve as the primary contact
with the FAA. The lack of having a
primary contact identified often results
in schedule delays and uncertainty for
the FAA when conducting oversight
activities. The FAA proposes to have
PAHs identify an accountable manager
who would serve as the primary contact
with the FAA. Having an accountable
manager would provide a single
individual who would facilitate
communication between the PAH and
FAA.
Additionally, this best practice is
currently required by part 145 for
certificated repair stations and is also
used within certain other segments of
the industry. In order to obtain a
production approval within EASA
countries, a production organization is
required to identify an accountable
manager. This proposal continues the
FAA’s efforts to harmonize its
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regulations with standards that have
been adopted by foreign authorities.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
2. Interface Components
Manufacturers cannot currently
manufacture and install certain articles
certificated as part of the airframe onto
their type-certificated engines without
an exemption. Engine manufacturers
have petitioned for exemptions from the
FAA to produce and install these
articles on their type-certificated
engines. These articles and other articles
that serve a functional interface between
an aircraft and an aircraft engine, and
also between an aircraft engine and a
propeller, or an aircraft and a propeller,
are known as interface components (IC).
The FAA has found that a safety
benefit exists by allowing the
installation of airframe components
onto an engine during production of the
engine. The safety benefit occurs as a
result of avoiding the disassembly of
portions of the engine at the airframe
manufacturing facility, or at an air
carrier’s maintenance facility, in order
to attach airframe parts to the engine.
Accordingly, engine manufacturers have
been granted the authority to produce
and install these articles under the
provisions of exemptions. The FAA
recognizes the safety benefit of this
procedure and is therefore proposing to
codify the relief provided by these
exemptions and expand that relief to
address ICs that have a functional
interface between aircraft engines and
propellers, and aircraft and propellers.
This proposal would permit a PC
holder to manufacture and install ICs
listed on its production limitation
record (PLR) onto its type-certificated
products under specified conditions and
limitations.
3. Supplier Control
Supplier control continues to be a
significant issue due to the increasing
use of suppliers, both globally and
domestically. Additionally, PAHs are
using suppliers to manufacture a greater
percentage of their products and
articles. Production approval holders
are using suppliers as assembly
providers or as integrators of products,
articles, and services provided by
multiple suppliers. These practices have
the effect of necessitating that quality
control procedures be used more
extensively throughout the supply
chain, thereby complicating
communication and oversight.
Due to the extensive use of suppliers
in all phases of the production process,
this proposal would require that each
supplier-provided product, article, or
service conform to the PAH’s
requirements and not necessarily to an
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approved design. This proposal would
also require the PAH to establish a
supplier-reporting process for products,
articles, or services that have been
released from or provided by the
supplier and subsequently found not to
conform to the PAH’s requirements.
4. Issuance of Authorized Release
Documents for Aircraft Engines,
Propellers, and Articles
Presently, only the FAA can issue an
airworthiness approval (e.g., FAA Form
8130–3). Industry has requested that a
PAH for an aircraft engine, propeller, or
article have the privilege of issuing this
document for items produced under its
production approval. The FAA agrees
that significant benefits can be achieved
by permitting a PAH to issue an
authorized release document for aircraft
engines, propellers, and articles it has
manufactured since the PAH is
responsible for ensuring that each
product and article conforms to its
approved design and is in a condition
for safe operation. European and
Canadian manufacturers currently may
issue such documents. This proposal
would further harmonize our
regulations with those of foreign civil
aviation authorities.
5. Marking of Wooden Propellers
Under current regulations, propellers,
propeller blades, and hubs must be
marked using an approved fireproof
method. Due to the flammability
properties of a solid wooden propeller,
mounting a metal tag may be the only
way to provide fireproof identification
that would not likely be lost or
destroyed in an accident. However,
attaching a metal tag can break the
moisture seal of a propeller, which
could increase the potential for cracking
and deterioration of the wood. For this
reason, the FAA proposes to exclude
fixed-pitch wooden propellers from the
requirement that these markings be
fireproof. All other aspects of the
marking requirements would remain
unchanged.
B. Related Actions
The FAA has proposed revisions to
Advisory Circulars (AC) 21–43,
Production Under 14 CFR Part 21,
Subparts F, G, K, and O; AC 21–44,
Issuance of Export Airworthiness
Approvals Under 14 CFR Part 21
Subpart L; and AC 45–2, Identification
and Registration Marking, to include the
provisions of this proposal. Copies of
these revised ACs are included in the
docket.
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III. Discussion of the Proposal
A. Accountable Manager
As noted, the FAA determined in a
previous rulemaking, ‘‘Repair Stations’’
(66 FR 41088, August 6, 2001), that it
was necessary for a repair station to
have one individual, an accountable
manager, who is responsible for
ensuring repair station operations are
conducted in accordance with part 145.
Similarly, under this proposal, the FAA
would require each applicant for, or
holder of, a PC, PMA, or TSO
authorization to identify an accountable
manager.
In conducting our oversight activities,
we have experienced delays and
uncertainty by not knowing who at the
PAH’s organization has the authority to
represent the PAH. There have been
cases where persons have represented
themselves to have authority to act on
behalf of the PAH when, in fact, they
did not. Such cases have occurred, for
example, when a person has submitted
a response to a letter of investigation,
and that person did not have authority
from the PAH to provide that response.
Identification of an accountable
manager would eliminate the problems
presented by such a situation.
The proposal would require the
accountable manager to confirm that the
procedures described in the quality
manual are in place and meet the
requirements of the applicable
regulations. Evidence of this
confirmation can be shown by signing
the quality manual before submitting it
to the FAA. The FAA would not
mandate that an individual in a specific
position be identified as the accountable
manager. However, the organization
would have to identify a single point of
contact who is knowledgeable of, and
accountable for, maintaining the
organization’s FAA-approved
production operations. This
requirement is not intended to force the
PAH to hire a new person to fill this
position within its organization, but
rather to identify a person to serve as
the accountable manager.
As also clarified in the 2001 ‘‘Repair
Stations’’ final rule, it is not the FAA’s
intent to impose personal liability on
the accountable manager; that liability
will remain with the PAH. The FAA
notes that the term ‘‘accountable
manager’’ is consistent with EASA
terminology and would continue our
harmonization efforts with foreign civil
aviation authorities. The applicant or
PAH would identify the accountable
manager by providing that person’s
name and contact information to the
FAA. Should a new accountable
manager be identified by the PAH, the
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TKELLEY on DSK3SPTVN1PROD with PROPOSALS
PAH would have to amend the
document required by §§ 21.135, 21.305,
and 21.605, as appropriate, to reflect
this change, and notify the FAA of this
amendment, in accordance with
§§ 21.146(a), 21.316(a), or 21.616(a).
The FAA understands the need for
various business models and
organizational structures. Currently,
§§ 21.135(a), 21.305(a), and 21.605(a)
require a PAH to provide the FAA with
a document describing assigned
responsibilities and delegated authority,
and the functional relationship of those
responsible for quality to management
and other organizational components.
This proposal would also revise the
language in the second sentence of the
referenced sections from ‘‘At a
minimum’’ to ‘‘In addition.’’ This
change is being made to avoid any
misinterpretation as to what the
document must include, specifically a
description of how the organization will
ensure compliance with the provisions
of the subparts referenced in §§ 21.135,
21.305, and 21.605.
B. Interface Components
Engine manufacturers have petitioned
for exemptions from the FAA to
manufacture and install ICs on their
type-certificated engines. In granting
exemptions to General Electric
(Exemption No. 10079) and Pratt &
Whitney (Exemption No. 10531) to
manufacture and install certain articles
certificated as part of an airframe onto
their engines, the FAA found that a
safety benefit exists for the installation
of airframe components onto an engine
during production of the engine. Copies
of these exemptions are included in the
docket.
Aircraft manufacturers and air carriers
frequently seek delivery of engines as a
‘‘complete propulsion system,’’
consisting of an engine and aircraft kits/
parts associated with an aircraft from
the engine manufacturer. Delivering a
complete propulsion system makes
engine installation safer and more
efficient. This pre-installation delivery
prevents redundant disassembly, torque
breaks, handling damage, and additional
retesting after the engine ships from the
manufacturing facility.
Under current regulations, a PC
holder is allowed to manufacture a
product if it holds for the product a
current TC, rights to the benefits of a TC
under a licensing agreement, or an STC
as specified in § 21.132. A manufacturer
of a product currently cannot
manufacture and install an IC on that
type-certificated product when the IC is
not part of that product’s type design.
This proposal would define an IC as an
article that serves a functional interface
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between an aircraft and an aircraft
engine, and also between an aircraft
engine and a propeller, or an aircraft
and a propeller. Examples of ICs consist
of articles such as engine mounts;
various electrical, hydraulic, and drain
brackets; and environmental control
system and anti-ice ducts, along with
their associated hardware.
This proposal would also permit a PC
holder to manufacture and install ICs
onto its products. Although this
proposal would revise § 21.147 to allow
a PC holder for a product to receive an
amendment to its production limitation
record (PLR) to permit the manufacture
and installation of ICs, the FAA notes
that the holder of design data
identifying the IC installed on the PC
holder’s product under the privileges of
§ 21.147(c) retains all of the continuing
airworthiness responsibilities for the IC.
If the PC holder is not the owner of the
IC design or installation data, the PC
holder has no authority to amend the
design or installation data of the IC. All
changes to the design or installation
data would be made by the design
approval holder. The PC holder would
be responsible for all issues related to
quality, manufacturing, and installation
of the IC by the PC holder.
A PLR is issued as part of a PC.
Current § 21.142 states that a PLR lists
the TC number and the model of every
product that the PC holder is authorized
to manufacture. The PLR does not
provide for the listing of ICs. This
proposal would therefore revise § 21.142
to specify that the PLR would also
identify every IC that the PC holder is
authorized to manufacture and install.
The TC holder would work with the
PC holder to identify ICs. Once
identified, the PC holder would apply
for an amendment of its PLR.
The FAA would develop guidance for
PC holders and TC holders to comply
with any conditions and limitations
necessary for the individual PC holder
in order to exercise this privilege.
Section 21.147(c) would not place a
requirement that all ICs manufactured
by a PC holder be installed prior to
shipping. Having these items listed on
the PLR would allow a PC holder to
both ship the ICs loose with its product
or individually as spares.
The intent of this proposal is to
enhance safety and facilitate global
manufacturing. With this proposed rule
change, product customers may no
longer need to partially disassemble a
supplied product, thereby decreasing
potential installation errors. The FAA
acknowledges that the benefits of
streamlining manufacturing and
eliminating duplicative processes may
reduce costs.
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C. Supplier Control
The aviation business model has
significantly evolved in recent decades.
Production approval holders are
increasingly using suppliers to
supplement their activities. Many PAHs
no longer manufacture complete
products or articles, but rather assemble
aircraft systems and components
produced by their suppliers into a
complete product or article.
As the aviation business model has
changed, first-tier suppliers have
functioned more as integrators of major
sub-assemblies (such as wings, nose
sections, and complete fuselage
sections) than as manufactures of
smaller assemblies or parts (such as
altimeters, brake assemblies, and buildto-print parts). Accordingly, the
manufacture of articles and assemblies
has been shifted further down the
supply chain.
Another result of the change in the
aviation business model is the increased
use of suppliers located in countries
outside the U.S. The demands of
customers and the economy have
caused production to move outside the
U.S. to accommodate agreements and
utilize low-cost labor. The FAA seeks to
clarify its regulations to reflect the
modern manufacturing environment
and to reinforce that it is a PAH’s
responsibility to ensure that its
requirements are communicated
throughout its supply chain.
The term ‘supplier’ is mentioned
throughout 14 CFR part 21, and the term
is commonly used within industry.
However, there is no definition of
supplier in the current regulations. This
proposal would define the term supplier
in proposed § 21.1(b) as a person that
provides a product, article, or service at
any tier of the supply chain that is used
or consumed in the design or
manufacture of, or installed on, the
product or article. Industry has
requested that the FAA provide a
definition of the term ‘supplier’ to
clarify those entities the FAA recognizes
as suppliers. Defining supplier should
provide PAHs with a clear
understanding of the term and,
therefore, better ensure regulatory
compliance.
Currently, § 21.137(c)(1) requires a
PAH to have procedures that ensure
each supplier-furnished product or
article conforms to its approved design.
This proposal would specify that a
supplier must comply with a PAH’s
requirements. The FAA recognizes that
many supplier-furnished products do
not, in fact, conform to an approved
design when provided to a PAH, and
that a supplier may also provide a PAH
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with a service. This proposal would
allow a PAH to accept products, articles,
or services from its suppliers that do not
meet the approved design, yet conform
to the PAH’s requirements.
Current industry practice is for a PAH
to submit a purchase order to a supplier
with the PAH’s specific requirements
outlined for manufacturing a product or
article, or for providing a service. In
many cases, a PAH does not require a
supplier to provide a product, article, or
service that conforms to the approved
design requirements for the finished
product or article. For example, the
design data for a skin section of an
aircraft may show the final rivet hole
dimension, but a PAH will require a
supplier to provide pilot holes of a
smaller diameter. The final diameter of
the holes will be achieved during
assembly when the skin is joined to the
aircraft.
Another example is when a PAH
contracts for a machined part that
requires additional processing that the
supplier is not capable of performing,
such as heat treating or plating. In such
a case, a PAH’s contract would reflect
that it wants the article to conform to
the design data without the additional
processing. A PAH would then need to
contract with another supplier for these
processes.
In addition, this proposal would
require a PAH to establish a supplierreporting process for products, articles,
or services that have been released from
a supplier and subsequently found not
to conform (hereafter referred to as a
quality escape) to the PAH’s
requirements. Currently, § 21.137(c)(2)
requires each supplier, at any tier, to
report to the PAH if there has been a
quality escape. Except for first-tier
suppliers who report directly to the
PAH, this section does not require
suppliers within the supply chain to
report to the next higher tier if there has
been a quality escape. This proposal
would require the PAH to define and
establish, as part of its quality system,
a process for supplier-reporting of
quality escapes. This process should
ensure that those individuals who need
to know when a quality escape has
occurred be informed in a timely
manner.
The FAA determined it was necessary
to clarify § 21.137(c)(2) because it
currently requires each supplier to
report to the PAH if a product or article
has been released from that supplier and
subsequently found not to conform to
the applicable design data. The FAA
recognizes that such a requirement can
impose a significant burden on PAHs.
Although the FAA has proposed to
include a definition of the term
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‘supplier’ that would include all
suppliers within the supply chain, the
proposal would provide PAHs with the
ability to develop procedures to identify
those suppliers that would be required
to report quality escapes and to whom
they must report. Such procedures
would not necessarily require all
suppliers within the supply chain to
make such reports to the PAH. The
proposal would permit PAHs to
establish a means of supplier reporting
that is more appropriate to its particular
production process. These procedures
would be required to be approved as
part of the PAH’s quality system.
To comply with proposed
§ 21.137(c)(2), the FAA expects the
PAH’s quality system to specify which
suppliers must report, and to whom,
when, and how those reports must be
provided. In some cases, the PAH would
want the supplier of certain products,
articles, or services to report a quality
escape to both its immediate customer
and directly to the PAH. This reporting
could continue up through the supply
chain to the tier where the quality
escape has been resolved. A PAH could
communicate its quality escape
reporting requirement as a flow-through
requirement to its first-tier suppliers
and subsequently through the supply
chain on a purchase order (or
equivalent) document.
D. Authorized Release Documents for
Aircraft Engines, Propellers, and
Articles
An airworthiness approval is a
document issued by the FAA for an
aircraft, aircraft engine, propeller, or
article which certifies that the aircraft,
aircraft engine, propeller, or article
conforms to its approved design and is
in a condition for safe operation. This
proposal would revise the definition of
airworthiness approval in § 21.1(b) to
indicate that an airworthiness approval
document may also be issued for an
aircraft, aircraft engine, propeller, or
article when those products or articles
may not necessarily conform to their
approved designs. Accordingly, the
FAA has added the phrase ‘‘unless
otherwise specified’’ because under part
21, subpart L, for example, export
airworthiness approvals can be issued
for aircraft, aircraft engines, propellers,
and articles that do not conform to their
approved designs when such
discrepancies are made known to, and
accepted by, the importing country or
jurisdiction.
The FAA believes a PAH should be
permitted to issue authorized release
documents since the PAH is responsible
for ensuring the airworthiness of each
product and article it manufactures.
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This proposal would amend § 21.137 by
adding a new paragraph (o) to allow
PAHs to issue authorized release
documents for new aircraft engines,
propellers, and articles; and for used
aircraft engines, propellers, and articles
when rebuilt or altered in accordance
with § 43.3(j).
Production approval holders that
intend to issue these documents must
include procedures in their quality
systems that provide for the selection,
appointment, training, recordation,
removal, and management of the
individuals authorized by the PAH to
issue authorized release documents. The
intent of this proposed requirement is to
ensure that only qualified personnel
issue these documents. An evaluation of
these individuals’ qualifications would
need to include an assessment of their
knowledge, background, experience,
and training. Qualifications should be
commensurate with the complexity and
type of product or article for which the
PAH issues the authorized release
documents. When an authorized release
document is being used for the purpose
of export, the production approval
holder would be required to comply
with the procedures applicable to the
export of new and used aircraft engines,
propellers, and articles specified in
§ 21.331 and the responsibilities of
exporters specified in § 21.335 of this
part.
Including procedures in a PAH’s
quality system is a conditional
requirement that only applies to a PAH
that wants to issue an authorized release
document. Production approval holders
not issuing these documents can
continue to obtain approvals from the
FAA. The FAA plans to place guidance
regarding the qualifications of the
individuals allowed to issue an
authorized release document in
guidance material if this proposal is
adopted. This proposal is modeled after
the European Commission Regulation
(EU) No. 748/2012, Annex I, Part 21,
Certification of Aircraft and Related
Products, Parts, and Appliances, and of
Design and Production Organizations.
The intent of this proposal is to
recognize a practice permitted by other
authorities and give PAHs in the U.S.
the same flexibility and responsiveness
available to their European and
Canadian manufacturing counterparts
who already issue authorized release
documents. The proposed changes
would harmonize the CFR with
regulations of foreign civil aviation
authorities and facilitate the global
movement and acceptance of aircraft
engines, propellers, and articles.
All airworthiness certificates would
continue to be issued by the FAA.
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Production approval holders would not
be permitted to issue airworthiness
certificates under the provisions of this
proposal.
E. Marking of Wooden Propellers
Currently, § 45.11(c) requires each
person who produces a propeller,
propeller blade, or propeller hub under
a TC or PC to mark each product or part
using an approved fireproof method.
The regulation does not take into
account the inherent difficulty of
marking a wooden propeller with a
fireproof method. Under this proposal,
§ 45.11(c) would continue to require a
fixed-pitch wooden propeller to be
marked; however, the marking would no
longer be required to be fireproof. This
relief is not necessary for variable-pitch
wooden propellers, as they are
constructed with a metal hub which can
be marked with a fireproof method.
In 2000, 2003, and 2008, the FAA
granted Exemptions Nos. 7559, 8394,
and 9800 (and an extension with an
amendment to Exemption No. 9800 in
2013) to Sensenich Wood Propeller
Company, Inc. (‘‘Sensenich’’). These
exemptions permitted Sensenich to
place the required identification
marking directly on the hub of a
wooden propeller instead of attaching a
metal tag with that information. (Copies
of these exemptions are included in the
docket.) In its petition for exemption,
Sensenich reported that in accidents
involving damage to wooden propellers,
the hub remains intact, thus preserving
the stamped identification. The FAA
also noted that because of the
flammability properties of a solid
wooden propeller, mounting a metal tag
may be the only way to provide a
fireproof identification that will not
likely be lost or destroyed in an
accident.
The FAA further noted the possible
safety risks inherent in attaching a metal
tag. Attaching a metal tag could: (1)
Affect the environmental resistance of a
wooden propeller because the screws
would break the moisture seal, which
would increase the potential for
cracking and deterioration of the
wooden propeller; (2) increase the
difficulty in attaining propeller balance;
and (3) become ineffective because the
metal tag could become loose and fall
off, leaving the propeller with no
identification. Therefore, in granting the
exemption, the FAA found that
stamping the hub of the propeller with
the identification marks would achieve
a level of safety equivalent to that of the
rule. Stamping has been the industry’s
standard for marking wooden
propellers. Additionally, the FAA
recognizes that engravings and etchings
are acceptable methods for marking
identification.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
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 (Public Law 96–354) requires
agencies to analyze the economic
11009
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (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 proposed rule.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
a proposed or final rule does not
warrant a full evaluation, this order
permits that a statement to that effect
and the basis for it be included in the
preamble if a full regulatory evaluation
of the costs and benefits is not prepared.
Such a determination has been made for
this proposed rule. The reasoning for
this determination follows.
Discussion of Costs and Benefits
Overview of Costs and Benefits of This
Proposed Rule
Provision
Costs/benefits
Require Identification of Accountable Manager .......................................
Minimal costs—requires identification of an existing manager who
would be responsible for, and have authority over, a PAH’s operations, and who would serve as a PAH’s primary contact with the
FAA.
Codifying the practice, currently allowed by exemption, would reduce
regulatory compliance costs.
No additional cost. Proposal clarifies existing requirements that PAHs
are responsible for conformity throughout their supply chains and
gives PAHs flexibility in establishing a supplier-reporting process for
nonconforming releases.
Voluntary, so inherently cost-beneficial.
Allow PC Holders to Manufacture and Install Interface Components .....
Clarify Supplier Control Requirements .....................................................
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Allow PAHs to Issue Authorized Release Documents for Aircraft Engines, Propellers and Articles.
Exclude Fixed-Pitch Wooden Propellers from Fireproof Marking Requirements.
Who is potentially affected by this
proposed rule?
Production approval holders (PAHs)
and TC (type certificate) holders are
potentially affected.
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The FAA found the exemption provides an equivalent level of safety.
Codifying the practice currently allowed by exemption would reduce
regulatory compliance costs.
Costs and Benefits of This Proposed
Rule
1. Require Identification of an
Accountable Manager
Under this proposal, the FAA would
require each applicant for, or holder of,
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a Production Certificate (PC), PMA
(Parts Manufacturer Approval), or TSO
(Technical Standard Order)
authorization to identify an accountable
manager, who would be responsible for,
and have authority over, a PAH’s
operations, and who would serve as a
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PAH’s primary contact with the FAA.
This proposal is not intended to require
the PAH to create a new position within
its organization and would not mandate
that an individual in a specific position
be identified as the accountable
manager. Consequently, the costs, if
any, associated with this requirement
are minimal.
2. Allow Production Certificate Holders
To Manufacture and Install Interface
Components
PC holders currently cannot install
interface components (ICs) on their
type-certificated products without an
exemption. Current regulations
governing the production limitation
record and the amendment of PCs
restrict the PC holder to the
manufacture of products only (aircraft,
aircraft engines, or propellers) and do
not authorize installation.1 The FAA has
granted exemptions to engine
manufacturers, allowing them to
manufacture and install airframe
components that interface between the
engine and the airframe provided they
own or are licensed to use the IC type
design and installation data. In granting
these exemptions, the FAA found that
allowing engine manufacturers to
produce and install ICs improved safety
and efficiency by eliminating
disassembly, reassembly and retesting,
as well as related scoring of fatigue
sensitive parts; damage to critical parts;
and air/fuel/oil leaks.2
This provision would codify the
practice, currently allowed by
exemption, of allowing PC holders to
manufacture and install ICs, and would
apply to any articles designated by the
TC holder that interface between
products, therefore including the
interface between propeller and aircraft
engine and between propeller and
aircraft, as well as between aircraft
engine and aircraft. Codifying the
practice of allowing PC holders to
manufacture and install ICs implies no
change in safety or efficiency benefits
already implied by the practice.
Codifying the practice, however, would
reduce regulatory costs since paperwork
requirements involved in periodic
application for and granting of
exemptions would be eliminated.
3. Supplier Control
With this proposal the FAA intends to
clarify existing requirements that the
PAH is responsible for (1) conformity
throughout the supply chain and (2)
establishing a supplier reporting process
for nonconforming releases. As there is
no definition of supplier in the current
regulations, the proposed rule would
define supplier as ‘‘a person that
provides a product, article, or service at
any tier in the supply chain that is used
or consumed in the design or
manufacture of, or installed on, a
product or article.’’
The proposed rule would change the
language to § 21.137(c) as shown in the
following table:
Current language
Proposed language
Supplier Control. Procedures that—
(1) Ensure that each supplier-furnished product or article conforms
to its approved design; and
(2) Require each supplier to report to the production approval holder if a product or article has been released from that supplier
and subsequently found not to conform to the applicable design
data.
Supplier Control. Procedures that—
(1) Ensure that each supplier-provided product, article, or service conforms to the production approval holder’s requirements; and
(2) Establish a supplier-reporting process for products, articles, or services that have been released from the supplier and subsequently
found not to conform to the production approval holder’s requirements.
As provision (1) just clarifies the
FAA’s intent, while provision (2) gives
the PAHs greater flexibility, any
additional costs would be minimal.
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4. Allow Production Approval Holders
To Issue Authorized Release Documents
for Aircraft Engines, Propellers, and
Articles
This proposal would allow, but not
require, PAHs to issue authorized
release documents using FAA Form
8130–3, ‘‘Authorized Release
Certificate,’’ for aircraft engines,
propellers, and articles for which the
PAH has a production approval. FAA
Form 8130–3 is the preferred method for
issuing an export airworthiness
approval documenting that an aircraft
engine, propeller, or article conforms to
its approved design and is in a
condition for safe operation. PAHs
choosing not to issue these authorized
release documents would continue to
1 These regulations were § 21.151 (production
limitation record) and § 21.153 (amendments of
production certificates) before the 2010 changes in
the part 21 rule and § 21.142 and § 21.147 in 2012,
after the 2010 changes.
2 The production and installation of ICs by engine
manufacturers also increase efficiency by allowing
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obtain approvals from the FAA. For
aircraft, an export airworthiness
approval would continue to be issued
only by the FAA, using Form 8130–4,
‘‘Export Certificate of Airworthiness.’’
Although export airworthiness
approvals are required only when
requested by a foreign civil aviation
authority, they have become
increasingly valued in the aviation
industry. Several U.S. manufacturers
have requested the privilege of issuing
authorized release documents, which is
already enjoyed by their European and
Canadian counterparts. As issuance of
authorized release documents is
voluntary, this provision would be
inherently cost beneficial.
5. Marking of Fixed-Pitch Wooden
Propellers
regulations requiring that a propeller,
propeller blade, or propeller hub be
marked using an approved fireproof
method. In granting the exemption, the
FAA found that stamping the hub of the
propeller with the identification marks
would achieve a level of safety
equivalent to the rule. The FAA
maintains that finding in this proposal
and, in any case, codifying the practice,
currently allowed by exemption,
implies no change in safety benefits.3
Codifying the practice, however, would
reduce regulatory compliance costs
since the costs of fireproof stamping and
the costs of paperwork requirements
involved in periodic application for and
granting of the exemption would be
eliminated.
B. Regulatory Flexibility Determination
As noted in the preamble above, the
FAA granted an exemption to Sensenich
Wood Propeller Company from the
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
delivery of quick-change replacement engines to
end users such as air carriers and charter operators.
Some piece parts (or kits), such as the engine
buildup unit (EBU), rather than being installed by
the PC holder may be shipped separately to an
aircraft manufacturer for the purpose of just-in-time
manufacturing operations, or to an airline that may
want kits on hand for routine maintenance
operations or to replace hardware damaged during
operations.
3 Since variable-pitch wooden propellers have
metal hubs, a metal tag is not necessary.
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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 provisions of this proposed rule
(1) are minimal cost, (2) would impose
no additional costs because the
provisions would clarify only or are
current practice, or (3) are voluntary and
therefore inherently cost-beneficial.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
will not result in a significant economic
impact on a substantial number of small
entities. The FAA solicits comments
regarding this determination.
Specifically, the FAA requests
comments on whether the proposed rule
creates any specific compliance costs
unique to small entities. Please provide
detailed economic analysis to support
any cost claims. The FAA also invites
comments regarding other small-entity
concerns with respect to the proposed
rule.
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
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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 the rule’s provision
allowing PAHs to issue authorized
release documents would be in accord
with the Trade Agreements Act as this
provision uses European standards as
the basis for United States regulation.
The remaining provisions have a
minimal domestic impact only and
therefore no effect on international
trade.
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 (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.
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 would
be no new requirement for information
collection associated with this proposed
rule.
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
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11011
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these proposed 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 312f 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 proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
would 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, would not have Federalism
implications.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
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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 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, 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 proposed rulemaking. Before acting
on this proposal, 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
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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), when 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 rulemaking
documents may be obtained from the
Internet by—
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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.gpoaccess.gov/fr/.
Copies may also be obtained 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. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the Internet through the Federal
eRulemaking Portal referenced in item
(1) above.
List of Subjects
14 CFR Part 21
Amendment of production
certificates, Issuance of export
airworthiness approvals for aircraft
engines, propellers, and articles,
Organization and Quality system.
14 CFR Part 45
Marking of products.
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 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. Amend § 21.1 by revising paragraph
(b)(1), redesignating paragraphs (b)(5)
through (8) as (b)(6) through (9), and
adding new paragraph (b)(5) and
paragraph (b)(10) to read as follows:
■
§ 21.1
Applicability and definitions.
*
*
*
*
*
(b) * * *
(1) Airworthiness approval means a
document issued by the FAA for an
aircraft, aircraft engine, propeller, or
article which certifies that the aircraft,
aircraft engine, propeller, or article
conforms to its approved design, unless
otherwise specified, and is in a
condition for safe operation.
*
*
*
*
*
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Frm 00014
Fmt 4702
Sfmt 4702
(5) Interface component means an
article that serves as a functional
interface between an aircraft and an
aircraft engine, an aircraft engine and a
propeller, or an aircraft and a propeller.
An interface component is designated
by the holder of the type certificate or
the supplemental type certificate who
controls the approved design data for
that article.
*
*
*
*
*
(10) Supplier means a person that
provides a product, article, or service at
any tier in the supply chain that is used
or consumed in the design or
manufacture of, or installed on a
product or article.
■ 3. Revise § 21.135 to read as follows:
§ 21.135
Organization.
(a) Each applicant for or holder of a
production certificate must provide the
FAA with a document describing how
its organization will ensure compliance
with the provisions of this subpart. In
addition, the document must identify an
accountable manager and describe
assigned responsibilities, delegated
authorities, and the functional
relationship of those responsible for
quality to management and other
organizational components.
(b) The accountable manager specified
in paragraph (a) of this section is
responsible for, and has the authority
over, all production operations that are
conducted under this part. The
production approval holder must ensure
that the accountable manager confirms
the procedures described in the quality
manual are in place and the
requirements of the applicable
regulations are met. The accountable
manager serves as the primary contact
with the FAA.
■ 4. Amend § 21.137, by revising
paragraphs (c)(1) and (2) and adding
paragraph (o) to read as follows:
§ 21.137
Quality system.
*
*
*
*
*
(c) * * *
(1) Ensure that each supplierprovided product, article, or service
conforms to the production approval
holder’s requirements; and
(2) Establish a supplier-reporting
process for products, articles, or services
that have been released from or
provided by the supplier and
subsequently found not to conform to
the production approval holder’s
requirements.
*
*
*
*
*
(o) Issuing authorized release
documents. Procedures for issuing
authorized release documents for
aircraft engines, propellers, and articles
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules
if the production approval holder
intends to issue those documents. These
procedures must provide for the
selection, appointment, training,
management, and removal of
individuals authorized by the
production approval holder to issue
authorized release documents. These
documents may be issued for new
aircraft engines, propellers, and articles;
and for used aircraft engines, propellers,
and articles when rebuilt, or altered, in
accordance with § 43.3(j) of this chapter.
When an authorized release document
is being used for the purpose of export,
the production approval holder must
comply with the procedures applicable
to the export of new and used aircraft
engines, propellers, and articles
specified in § 21.331 and the
responsibilities of exporters specified in
§ 21.335 of this part.
■ 5. Revise § 21.142 to read as follows:
§ 21.142
Production limitation record.
The FAA issues a production
limitation record as part of a production
certificate. The record lists the type
certificate number and model of every
product that the production certificate
holder is authorized to manufacture,
and identifies every interface
component that the production
certificate holder is authorized to
manufacture and install.
■ 6. Revise § 21.147 to read as follows:
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
§ 21.147 Amendment of production
certificates.
(a) The holder of a production
certificate must apply for an amendment
to a production certificate in a form and
manner prescribed by the FAA.
(b) The applicant for an amendment
to a production certificate to add a type
certificate or model, or both, must
comply with the applicable
requirements of §§ 21.137, 21.138, and
21.150.
(c) The applicant for an amendment to
a production certificate may have its
production limitation record amended
to allow the manufacture and
installation of an interface component,
provided—
(1) The design and installation data
for the interface component is owned
by, or licensed to, the applicant and
made available to the FAA upon
request;
(2) The interface component is
manufactured by the applicant;
(3) The applicant’s product conforms
to its approved type design and the
interface component conforms to its
approved type design data;
(4) The assembled product with the
installed interface component is in a
condition for safe operation; and
VerDate Mar<15>2010
17:29 Feb 26, 2014
Jkt 232001
(5) The applicant complies with any
other conditions and limitations the
FAA considers necessary.
■ 7. Revise § 21.305 to read as follows:
■
§ 21.305
11013
*
Organization.
(a) Each applicant for or holder of a
PMA must provide the FAA with a
document describing how its
organization will ensure compliance
with the provisions of this subpart. In
addition, the document must identify an
accountable manager and describe
assigned responsibilities, delegated
authorities, and the functional
relationship of those responsible for
quality to management and other
organizational components.
(b) The accountable manager specified
in paragraph (a) of this section is
responsible for, and has the authority
over, all production operations that are
conducted under this part. The
production approval holder must ensure
that the accountable manager confirms
the procedures described in the quality
manual are in place and the
requirements of the applicable
regulations are met. The accountable
manager serves as the primary contact
with the FAA.
■ 8. Revise § 21.605 to read as follows:
§ 21.605
Organization.
(a) Each applicant for or holder of a
TSO authorization must provide the
FAA with a document describing how
its organization will ensure compliance
with the provisions of this subpart. In
addition, the document must identify an
accountable manager and describe
assigned responsibilities, delegated
authorities, and the functional
relationship of those responsible for
quality to management and other
organizational components.
(b) The accountable manager specified
in paragraph (a) of this section is
responsible for, and has the authority
over, all production operations that are
conducted under this part. The
production approval holder must ensure
that the accountable manager confirms
the procedures described in the quality
manual are in place and the
requirements of the applicable
regulations are met. The accountable
manager serves as the primary contact
with the FAA.
PART 45—IDENTIFICATION AND
REGISTRATION MARKING
9. The authority citation for part 45
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113–
40114, 44101–44105, 44107–44111, 44504,
44701, 44708–44709, 44711–44713, 44725,
45302–45303, 46104, 46304, 46306, 47122.
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Fmt 4702
Sfmt 4702
10. Amend § 45.11 by revising
paragraph (c) introductory text to read
as follows:
§ 45.11
Marking of products.
*
*
*
*
(c) Propellers and propeller blades
and hubs. Each person who produces a
propeller, propeller blade, or propeller
hub under a type certificate or
production certificate must mark each
product or part. Except for a fixed-pitch
wooden propeller, the marking must be
accomplished using an approved
fireproof method. The marking must—
*
*
*
*
*
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on January 23, 2014.
Frank P. Paskiewicz,
Deputy Director, Aircraft Certification
Service.
[FR Doc. 2014–04330 Filed 2–26–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0059; Directorate
Identifier 2013–NM–075–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2012–07–
08, for all Embraer S.A. Model ERJ 170
airplanes. AD 2012–07–08 currently
requires revising the Airworthiness
Limitations Section (ALS) of the
Instructions for Continued
Airworthiness (ICA) to incorporate new
structural inspection requirements.
Since we issued AD 2012–07–08, we
have determined that more restrictive
maintenance requirements and
airworthiness limitations are necessary.
This proposed AD would require
revising the maintenance or inspection
program to incorporate new inspections.
We are proposing this AD to detect and
correct fatigue cracking of structural
components, which could result in
reduced structural integrity of the
airplane.
DATES: We must receive comments on
this proposed AD by April 14, 2014.
ADDRESSES: You may send comments by
any of the following methods:
SUMMARY:
E:\FR\FM\27FEP1.SGM
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Agencies
[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11004-11013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04330]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21 and 45
[Docket No. FAA-2013-0933; Notice No. 14-01]
RIN 2120-AK20
Changes to Production Certificates and Approvals
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA is proposing changes to its certification procedures
and identification requirements for aeronautical products and articles.
The proposed changes would: require production approval holders to
identify an accountable manager who would be responsible for, and have
authority over, their production operations and serve as the primary
contact with the FAA; allow production approval holders to issue
authorized release documents for aircraft engines, propellers, and
articles; permit production certificate holders to manufacture and
install interface components; require production approval holders to
ensure that each supplier-provided product, article, or service
conforms to the production approval holder's requirements and establish
a supplier-reporting process for products, articles, or services that
have been released from or provided by the supplier and subsequently
found not to conform to the production approval holder's requirements;
and remove the requirement that fixed-pitch wooden propellers be marked
using an approved fireproof method. This proposal is necessary to
update our regulations by revising certification and marking
requirements to reflect the current global aeronautical manufacturing
environment, thereby promoting aviation safety.
DATES: Send comments on or before May 28, 2014.
ADDRESSES: Send comments identified by docket number [Insert docket
number from heading] 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 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 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 Priscilla Steward or Robert Cook, Aircraft
Certification Service, Production Certification Branch, AIR-220,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone: (202) 385-6367; email:
priscilla.steward@faa.gov or telephone: (202) 385-6358; email:
robert.cook@faa.gov.
For legal questions concerning this action, contact Paul Greer,
AGC-210, Office of the Chief Counsel, International Law, Legislation,
and Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
7930; email: paul.g.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Department of Transportation (``the Department) has the
responsibility to develop transportation policies and programs that
contribute to providing fast, safe, efficient, and convenient
transportation under Title 49, United States Code (49 USC), Subtitle 1,
Sec. 101. The Federal Aviation Administration (FAA or ``we/us/our'')
is an agency of the Department. The FAA has general authority to issue
rules regarding aviation safety, including minimum standards for
articles and for the design, material, construction, quality of work,
and performance of aircraft, aircraft engines, and propellers under 49
U.S.C. 106(g) and 44701. We may also prescribe regulations in the
interest of safety for registering and identifying an aircraft engine,
propeller, or article under 49 U.S.C. 44104.
The FAA is proposing to amend its regulations governing the
certification procedures for products and articles and
[[Page 11005]]
its requirements for identification and registration marking. These
changes would improve the quality standards applicable to
manufacturers, which would help ensure that products and articles are
produced as designed and are safe to operate. For these reasons, this
proposed rule would be a reasonable and necessary exercise of our
rulemaking authority and obligations.
List of Acronyms Used in This Proposed Rule
BAA--Bilateral Airworthiness Agreement
BASA--Bilateral Aviation Safety Agreement
CFR--Code of Federal Regulations
EASA--European Aviation Safety Agency
FAA--Federal Aviation Administration
IC--Interface Component
ICAO--International Civil Aviation Organization
NPRM--Notice of Proposed Rulemaking
PAH--Production Approval Holder
PC--Production Certificate
PLR--Production Limitation Record
PMA--Parts Manufacturer Approval
STC--Supplemental Type Certificate
TC--Type Certificate
TSO--Technical Standard Order
I. Overview of the Proposed Rule
In this NPRM, we are proposing changes to certification and marking
requirements for products and articles. Regulations pertaining to
certification requirements for products and articles are in Title 14,
Code of Federal Regulations (14 CFR) part 21. Marking requirements are
in part 45.
The regulations in part 21 do not require applicants for, or
holders of, a production approval to identify an accountable manager.
This proposal would require applicants and PAHs to identify an
accountable manager. This individual would be responsible for, and have
authority over, a PAH's production operations. This individual would
also serve as a PAH's primary contact with the FAA. Additionally, the
FAA proposes to amend part 21 to require applicants and PAHs to amend,
where applicable, the documents required by Sec. Sec. 21.135, 21.305
and 21.605 to reflect the appointment of an accountable manager. This
proposal would adopt the requirement for an accountable manger
currently contained within part 145 and harmonize part 21 with EASA
regulations.
Currently, part 21 allows for an amendment to a PC holder's PLR so
the PC holder can add a type-certificated product or article. The FAA
proposes to amend part 21 to allow a PC holder to manufacture and
install interface components (IC), under certain conditions and
limitations. An IC would be defined as an article that serves as a
functional interface between an aircraft and an aircraft engine, an
aircraft engine and a propeller, or an aircraft and a propeller. An
interface component would be designated by the holder of the type
certificate (or the supplemental type certificate) who controls the
approved design data for that article.
Additionally, regulations currently specify that a PAH must have
procedures that ensure each supplier-furnished product or article
conforms to its approved design. The regulations also require that when
a nonconforming product or article is released from the supplier, the
supplier must report the nonconformance to the PAH. The FAA proposes to
amend part 21 to clarify that each supplier-provided product, article,
or service would be required to conform to the PAH's requirements.
Production approval holders would also have to establish a supplier-
reporting process for products, articles, or services released from or
provided by the supplier and subsequently found not to conform to their
requirements.
Currently, a person may obtain an airworthiness approval for an
aircraft engine, propeller, or article only from the FAA for a new or
used aircraft engine, propeller, or article. Production approval
holders may not issue these airworthiness approvals under current
regulations. The FAA proposes to amend part 21 to allow PAHs to issue
authorized release documents (using FAA Form 8130-3) for new and used
aircraft engines, propellers, and articles. This will provide PAHs with
privileges similar to those afforded European- and Canadian-approved
manufacturers.
The regulations in part 45 require a propeller, propeller blade, or
propeller hub to be marked using an approved fireproof method. The FAA
proposes to amend part 45 to exclude fixed-pitch wooden propellers from
the requirement that such markings be fireproof. This exclusion would
allow manufacturers to mark their products in a practical manner that
fully considers the inherent nature of wooden propellers.
II. Background
To date, part 21 has been amended numerous times since it was
codified in 1964. Additionally, the origins of many regulations in part
21 can also be traced to the Civil Air Regulations codified in 1937.
Formerly, most manufacturers of aviation products and articles had
a small, local supplier base. Production certificate holders oversaw
the manufacture of replacement parts, and the international market for
aviation products was relatively small. As a result, for many years the
U.S. had few bilateral agreements with other countries for the export
and import of aviation products, and these agreements were limited in
scope.
Today, aviation products are manufactured world-wide. The number of
suppliers has increased dramatically, and they manufacture a greater
percentage of a given aircraft. Due to the global nature of
manufacturing, forming business partnerships and agreements are common
approaches to lower costs, share risks, and expand reachable markets.
Manufacturers collaborate globally to reduce duplicate requirements for
shared suppliers. The production of replacement parts under PMAs and
the international market for aviation products have also increased
dramatically. In recognition of global considerations regarding trade,
commerce, and other matters, the U.S. has entered into over 30
bilateral agreements with foreign aviation authorities. These
agreements are broad in scope and establish the framework for the
international market.
A. Statement of the Problems
We are proposing changes to regulations governing the certification
procedures for products and articles and part-marking requirements.
These changes would improve the quality standards applicable to
manufacturers, which would help to ensure that products and articles
are produced as designed and are safe to operate. These changes would
also make it easier for manufacturers to produce, obtain, and export
products and articles while continuing to ensure their safety and
quality.
1. Accountable Manager
Under current regulations, a PAH is not required to identify an
accountable manager to serve as the primary contact with the FAA. The
lack of having a primary contact identified often results in schedule
delays and uncertainty for the FAA when conducting oversight
activities. The FAA proposes to have PAHs identify an accountable
manager who would serve as the primary contact with the FAA. Having an
accountable manager would provide a single individual who would
facilitate communication between the PAH and FAA.
Additionally, this best practice is currently required by part 145
for certificated repair stations and is also used within certain other
segments of the industry. In order to obtain a production approval
within EASA countries, a production organization is required to
identify an accountable manager. This proposal continues the FAA's
efforts to harmonize its
[[Page 11006]]
regulations with standards that have been adopted by foreign
authorities.
2. Interface Components
Manufacturers cannot currently manufacture and install certain
articles certificated as part of the airframe onto their type-
certificated engines without an exemption. Engine manufacturers have
petitioned for exemptions from the FAA to produce and install these
articles on their type-certificated engines. These articles and other
articles that serve a functional interface between an aircraft and an
aircraft engine, and also between an aircraft engine and a propeller,
or an aircraft and a propeller, are known as interface components (IC).
The FAA has found that a safety benefit exists by allowing the
installation of airframe components onto an engine during production of
the engine. The safety benefit occurs as a result of avoiding the
disassembly of portions of the engine at the airframe manufacturing
facility, or at an air carrier's maintenance facility, in order to
attach airframe parts to the engine. Accordingly, engine manufacturers
have been granted the authority to produce and install these articles
under the provisions of exemptions. The FAA recognizes the safety
benefit of this procedure and is therefore proposing to codify the
relief provided by these exemptions and expand that relief to address
ICs that have a functional interface between aircraft engines and
propellers, and aircraft and propellers.
This proposal would permit a PC holder to manufacture and install
ICs listed on its production limitation record (PLR) onto its type-
certificated products under specified conditions and limitations.
3. Supplier Control
Supplier control continues to be a significant issue due to the
increasing use of suppliers, both globally and domestically.
Additionally, PAHs are using suppliers to manufacture a greater
percentage of their products and articles. Production approval holders
are using suppliers as assembly providers or as integrators of
products, articles, and services provided by multiple suppliers. These
practices have the effect of necessitating that quality control
procedures be used more extensively throughout the supply chain,
thereby complicating communication and oversight.
Due to the extensive use of suppliers in all phases of the
production process, this proposal would require that each supplier-
provided product, article, or service conform to the PAH's requirements
and not necessarily to an approved design. This proposal would also
require the PAH to establish a supplier-reporting process for products,
articles, or services that have been released from or provided by the
supplier and subsequently found not to conform to the PAH's
requirements.
4. Issuance of Authorized Release Documents for Aircraft Engines,
Propellers, and Articles
Presently, only the FAA can issue an airworthiness approval (e.g.,
FAA Form 8130-3). Industry has requested that a PAH for an aircraft
engine, propeller, or article have the privilege of issuing this
document for items produced under its production approval. The FAA
agrees that significant benefits can be achieved by permitting a PAH to
issue an authorized release document for aircraft engines, propellers,
and articles it has manufactured since the PAH is responsible for
ensuring that each product and article conforms to its approved design
and is in a condition for safe operation. European and Canadian
manufacturers currently may issue such documents. This proposal would
further harmonize our regulations with those of foreign civil aviation
authorities.
5. Marking of Wooden Propellers
Under current regulations, propellers, propeller blades, and hubs
must be marked using an approved fireproof method. Due to the
flammability properties of a solid wooden propeller, mounting a metal
tag may be the only way to provide fireproof identification that would
not likely be lost or destroyed in an accident. However, attaching a
metal tag can break the moisture seal of a propeller, which could
increase the potential for cracking and deterioration of the wood. For
this reason, the FAA proposes to exclude fixed-pitch wooden propellers
from the requirement that these markings be fireproof. All other
aspects of the marking requirements would remain unchanged.
B. Related Actions
The FAA has proposed revisions to Advisory Circulars (AC) 21-43,
Production Under 14 CFR Part 21, Subparts F, G, K, and O; AC 21-44,
Issuance of Export Airworthiness Approvals Under 14 CFR Part 21 Subpart
L; and AC 45-2, Identification and Registration Marking, to include the
provisions of this proposal. Copies of these revised ACs are included
in the docket.
III. Discussion of the Proposal
A. Accountable Manager
As noted, the FAA determined in a previous rulemaking, ``Repair
Stations'' (66 FR 41088, August 6, 2001), that it was necessary for a
repair station to have one individual, an accountable manager, who is
responsible for ensuring repair station operations are conducted in
accordance with part 145. Similarly, under this proposal, the FAA would
require each applicant for, or holder of, a PC, PMA, or TSO
authorization to identify an accountable manager.
In conducting our oversight activities, we have experienced delays
and uncertainty by not knowing who at the PAH's organization has the
authority to represent the PAH. There have been cases where persons
have represented themselves to have authority to act on behalf of the
PAH when, in fact, they did not. Such cases have occurred, for example,
when a person has submitted a response to a letter of investigation,
and that person did not have authority from the PAH to provide that
response. Identification of an accountable manager would eliminate the
problems presented by such a situation.
The proposal would require the accountable manager to confirm that
the procedures described in the quality manual are in place and meet
the requirements of the applicable regulations. Evidence of this
confirmation can be shown by signing the quality manual before
submitting it to the FAA. The FAA would not mandate that an individual
in a specific position be identified as the accountable manager.
However, the organization would have to identify a single point of
contact who is knowledgeable of, and accountable for, maintaining the
organization's FAA-approved production operations. This requirement is
not intended to force the PAH to hire a new person to fill this
position within its organization, but rather to identify a person to
serve as the accountable manager.
As also clarified in the 2001 ``Repair Stations'' final rule, it is
not the FAA's intent to impose personal liability on the accountable
manager; that liability will remain with the PAH. The FAA notes that
the term ``accountable manager'' is consistent with EASA terminology
and would continue our harmonization efforts with foreign civil
aviation authorities. The applicant or PAH would identify the
accountable manager by providing that person's name and contact
information to the FAA. Should a new accountable manager be identified
by the PAH, the
[[Page 11007]]
PAH would have to amend the document required by Sec. Sec. 21.135,
21.305, and 21.605, as appropriate, to reflect this change, and notify
the FAA of this amendment, in accordance with Sec. Sec. 21.146(a),
21.316(a), or 21.616(a).
The FAA understands the need for various business models and
organizational structures. Currently, Sec. Sec. 21.135(a), 21.305(a),
and 21.605(a) require a PAH to provide the FAA with a document
describing assigned responsibilities and delegated authority, and the
functional relationship of those responsible for quality to management
and other organizational components. This proposal would also revise
the language in the second sentence of the referenced sections from
``At a minimum'' to ``In addition.'' This change is being made to avoid
any misinterpretation as to what the document must include,
specifically a description of how the organization will ensure
compliance with the provisions of the subparts referenced in Sec. Sec.
21.135, 21.305, and 21.605.
B. Interface Components
Engine manufacturers have petitioned for exemptions from the FAA to
manufacture and install ICs on their type-certificated engines. In
granting exemptions to General Electric (Exemption No. 10079) and Pratt
& Whitney (Exemption No. 10531) to manufacture and install certain
articles certificated as part of an airframe onto their engines, the
FAA found that a safety benefit exists for the installation of airframe
components onto an engine during production of the engine. Copies of
these exemptions are included in the docket.
Aircraft manufacturers and air carriers frequently seek delivery of
engines as a ``complete propulsion system,'' consisting of an engine
and aircraft kits/parts associated with an aircraft from the engine
manufacturer. Delivering a complete propulsion system makes engine
installation safer and more efficient. This pre-installation delivery
prevents redundant disassembly, torque breaks, handling damage, and
additional retesting after the engine ships from the manufacturing
facility.
Under current regulations, a PC holder is allowed to manufacture a
product if it holds for the product a current TC, rights to the
benefits of a TC under a licensing agreement, or an STC as specified in
Sec. 21.132. A manufacturer of a product currently cannot manufacture
and install an IC on that type-certificated product when the IC is not
part of that product's type design. This proposal would define an IC as
an article that serves a functional interface between an aircraft and
an aircraft engine, and also between an aircraft engine and a
propeller, or an aircraft and a propeller. Examples of ICs consist of
articles such as engine mounts; various electrical, hydraulic, and
drain brackets; and environmental control system and anti-ice ducts,
along with their associated hardware.
This proposal would also permit a PC holder to manufacture and
install ICs onto its products. Although this proposal would revise
Sec. 21.147 to allow a PC holder for a product to receive an amendment
to its production limitation record (PLR) to permit the manufacture and
installation of ICs, the FAA notes that the holder of design data
identifying the IC installed on the PC holder's product under the
privileges of Sec. 21.147(c) retains all of the continuing
airworthiness responsibilities for the IC. If the PC holder is not the
owner of the IC design or installation data, the PC holder has no
authority to amend the design or installation data of the IC. All
changes to the design or installation data would be made by the design
approval holder. The PC holder would be responsible for all issues
related to quality, manufacturing, and installation of the IC by the PC
holder.
A PLR is issued as part of a PC. Current Sec. 21.142 states that a
PLR lists the TC number and the model of every product that the PC
holder is authorized to manufacture. The PLR does not provide for the
listing of ICs. This proposal would therefore revise Sec. 21.142 to
specify that the PLR would also identify every IC that the PC holder is
authorized to manufacture and install.
The TC holder would work with the PC holder to identify ICs. Once
identified, the PC holder would apply for an amendment of its PLR.
The FAA would develop guidance for PC holders and TC holders to
comply with any conditions and limitations necessary for the individual
PC holder in order to exercise this privilege. Section 21.147(c) would
not place a requirement that all ICs manufactured by a PC holder be
installed prior to shipping. Having these items listed on the PLR would
allow a PC holder to both ship the ICs loose with its product or
individually as spares.
The intent of this proposal is to enhance safety and facilitate
global manufacturing. With this proposed rule change, product customers
may no longer need to partially disassemble a supplied product, thereby
decreasing potential installation errors. The FAA acknowledges that the
benefits of streamlining manufacturing and eliminating duplicative
processes may reduce costs.
C. Supplier Control
The aviation business model has significantly evolved in recent
decades. Production approval holders are increasingly using suppliers
to supplement their activities. Many PAHs no longer manufacture
complete products or articles, but rather assemble aircraft systems and
components produced by their suppliers into a complete product or
article.
As the aviation business model has changed, first-tier suppliers
have functioned more as integrators of major sub-assemblies (such as
wings, nose sections, and complete fuselage sections) than as
manufactures of smaller assemblies or parts (such as altimeters, brake
assemblies, and build-to-print parts). Accordingly, the manufacture of
articles and assemblies has been shifted further down the supply chain.
Another result of the change in the aviation business model is the
increased use of suppliers located in countries outside the U.S. The
demands of customers and the economy have caused production to move
outside the U.S. to accommodate agreements and utilize low-cost labor.
The FAA seeks to clarify its regulations to reflect the modern
manufacturing environment and to reinforce that it is a PAH's
responsibility to ensure that its requirements are communicated
throughout its supply chain.
The term `supplier' is mentioned throughout 14 CFR part 21, and the
term is commonly used within industry. However, there is no definition
of supplier in the current regulations. This proposal would define the
term supplier in proposed Sec. 21.1(b) as a person that provides a
product, article, or service at any tier of the supply chain that is
used or consumed in the design or manufacture of, or installed on, the
product or article. Industry has requested that the FAA provide a
definition of the term `supplier' to clarify those entities the FAA
recognizes as suppliers. Defining supplier should provide PAHs with a
clear understanding of the term and, therefore, better ensure
regulatory compliance.
Currently, Sec. 21.137(c)(1) requires a PAH to have procedures
that ensure each supplier-furnished product or article conforms to its
approved design. This proposal would specify that a supplier must
comply with a PAH's requirements. The FAA recognizes that many
supplier-furnished products do not, in fact, conform to an approved
design when provided to a PAH, and that a supplier may also provide a
PAH
[[Page 11008]]
with a service. This proposal would allow a PAH to accept products,
articles, or services from its suppliers that do not meet the approved
design, yet conform to the PAH's requirements.
Current industry practice is for a PAH to submit a purchase order
to a supplier with the PAH's specific requirements outlined for
manufacturing a product or article, or for providing a service. In many
cases, a PAH does not require a supplier to provide a product, article,
or service that conforms to the approved design requirements for the
finished product or article. For example, the design data for a skin
section of an aircraft may show the final rivet hole dimension, but a
PAH will require a supplier to provide pilot holes of a smaller
diameter. The final diameter of the holes will be achieved during
assembly when the skin is joined to the aircraft.
Another example is when a PAH contracts for a machined part that
requires additional processing that the supplier is not capable of
performing, such as heat treating or plating. In such a case, a PAH's
contract would reflect that it wants the article to conform to the
design data without the additional processing. A PAH would then need to
contract with another supplier for these processes.
In addition, this proposal would require a PAH to establish a
supplier-reporting process for products, articles, or services that
have been released from a supplier and subsequently found not to
conform (hereafter referred to as a quality escape) to the PAH's
requirements. Currently, Sec. 21.137(c)(2) requires each supplier, at
any tier, to report to the PAH if there has been a quality escape.
Except for first-tier suppliers who report directly to the PAH, this
section does not require suppliers within the supply chain to report to
the next higher tier if there has been a quality escape. This proposal
would require the PAH to define and establish, as part of its quality
system, a process for supplier-reporting of quality escapes. This
process should ensure that those individuals who need to know when a
quality escape has occurred be informed in a timely manner.
The FAA determined it was necessary to clarify Sec. 21.137(c)(2)
because it currently requires each supplier to report to the PAH if a
product or article has been released from that supplier and
subsequently found not to conform to the applicable design data. The
FAA recognizes that such a requirement can impose a significant burden
on PAHs. Although the FAA has proposed to include a definition of the
term `supplier' that would include all suppliers within the supply
chain, the proposal would provide PAHs with the ability to develop
procedures to identify those suppliers that would be required to report
quality escapes and to whom they must report. Such procedures would not
necessarily require all suppliers within the supply chain to make such
reports to the PAH. The proposal would permit PAHs to establish a means
of supplier reporting that is more appropriate to its particular
production process. These procedures would be required to be approved
as part of the PAH's quality system.
To comply with proposed Sec. 21.137(c)(2), the FAA expects the
PAH's quality system to specify which suppliers must report, and to
whom, when, and how those reports must be provided. In some cases, the
PAH would want the supplier of certain products, articles, or services
to report a quality escape to both its immediate customer and directly
to the PAH. This reporting could continue up through the supply chain
to the tier where the quality escape has been resolved. A PAH could
communicate its quality escape reporting requirement as a flow-through
requirement to its first-tier suppliers and subsequently through the
supply chain on a purchase order (or equivalent) document.
D. Authorized Release Documents for Aircraft Engines, Propellers, and
Articles
An airworthiness approval is a document issued by the FAA for an
aircraft, aircraft engine, propeller, or article which certifies that
the aircraft, aircraft engine, propeller, or article conforms to its
approved design and is in a condition for safe operation. This proposal
would revise the definition of airworthiness approval in Sec. 21.1(b)
to indicate that an airworthiness approval document may also be issued
for an aircraft, aircraft engine, propeller, or article when those
products or articles may not necessarily conform to their approved
designs. Accordingly, the FAA has added the phrase ``unless otherwise
specified'' because under part 21, subpart L, for example, export
airworthiness approvals can be issued for aircraft, aircraft engines,
propellers, and articles that do not conform to their approved designs
when such discrepancies are made known to, and accepted by, the
importing country or jurisdiction.
The FAA believes a PAH should be permitted to issue authorized
release documents since the PAH is responsible for ensuring the
airworthiness of each product and article it manufactures. This
proposal would amend Sec. 21.137 by adding a new paragraph (o) to
allow PAHs to issue authorized release documents for new aircraft
engines, propellers, and articles; and for used aircraft engines,
propellers, and articles when rebuilt or altered in accordance with
Sec. 43.3(j).
Production approval holders that intend to issue these documents
must include procedures in their quality systems that provide for the
selection, appointment, training, recordation, removal, and management
of the individuals authorized by the PAH to issue authorized release
documents. The intent of this proposed requirement is to ensure that
only qualified personnel issue these documents. An evaluation of these
individuals' qualifications would need to include an assessment of
their knowledge, background, experience, and training. Qualifications
should be commensurate with the complexity and type of product or
article for which the PAH issues the authorized release documents. When
an authorized release document is being used for the purpose of export,
the production approval holder would be required to comply with the
procedures applicable to the export of new and used aircraft engines,
propellers, and articles specified in Sec. 21.331 and the
responsibilities of exporters specified in Sec. 21.335 of this part.
Including procedures in a PAH's quality system is a conditional
requirement that only applies to a PAH that wants to issue an
authorized release document. Production approval holders not issuing
these documents can continue to obtain approvals from the FAA. The FAA
plans to place guidance regarding the qualifications of the individuals
allowed to issue an authorized release document in guidance material if
this proposal is adopted. This proposal is modeled after the European
Commission Regulation (EU) No. 748/2012, Annex I, Part 21,
Certification of Aircraft and Related Products, Parts, and Appliances,
and of Design and Production Organizations.
The intent of this proposal is to recognize a practice permitted by
other authorities and give PAHs in the U.S. the same flexibility and
responsiveness available to their European and Canadian manufacturing
counterparts who already issue authorized release documents. The
proposed changes would harmonize the CFR with regulations of foreign
civil aviation authorities and facilitate the global movement and
acceptance of aircraft engines, propellers, and articles.
All airworthiness certificates would continue to be issued by the
FAA.
[[Page 11009]]
Production approval holders would not be permitted to issue
airworthiness certificates under the provisions of this proposal.
E. Marking of Wooden Propellers
Currently, Sec. 45.11(c) requires each person who produces a
propeller, propeller blade, or propeller hub under a TC or PC to mark
each product or part using an approved fireproof method. The regulation
does not take into account the inherent difficulty of marking a wooden
propeller with a fireproof method. Under this proposal, Sec. 45.11(c)
would continue to require a fixed-pitch wooden propeller to be marked;
however, the marking would no longer be required to be fireproof. This
relief is not necessary for variable-pitch wooden propellers, as they
are constructed with a metal hub which can be marked with a fireproof
method.
In 2000, 2003, and 2008, the FAA granted Exemptions Nos. 7559,
8394, and 9800 (and an extension with an amendment to Exemption No.
9800 in 2013) to Sensenich Wood Propeller Company, Inc.
(``Sensenich''). These exemptions permitted Sensenich to place the
required identification marking directly on the hub of a wooden
propeller instead of attaching a metal tag with that information.
(Copies of these exemptions are included in the docket.) In its
petition for exemption, Sensenich reported that in accidents involving
damage to wooden propellers, the hub remains intact, thus preserving
the stamped identification. The FAA also noted that because of the
flammability properties of a solid wooden propeller, mounting a metal
tag may be the only way to provide a fireproof identification that will
not likely be lost or destroyed in an accident.
The FAA further noted the possible safety risks inherent in
attaching a metal tag. Attaching a metal tag could: (1) Affect the
environmental resistance of a wooden propeller because the screws would
break the moisture seal, which would increase the potential for
cracking and deterioration of the wooden propeller; (2) increase the
difficulty in attaining propeller balance; and (3) become ineffective
because the metal tag could become loose and fall off, leaving the
propeller with no identification. Therefore, in granting the exemption,
the FAA found that stamping the hub of the propeller with the
identification marks would achieve a level of safety equivalent to that
of the rule. Stamping has been the industry's standard for marking
wooden propellers. Additionally, the FAA recognizes that engravings and
etchings are acceptable methods for marking identification.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
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
(Public Law 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(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 proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows.
Discussion of Costs and Benefits
Overview of Costs and Benefits of This Proposed Rule
------------------------------------------------------------------------
Provision Costs/benefits
------------------------------------------------------------------------
Require Identification of Accountable Minimal costs--requires
Manager. identification of an existing
manager who would be
responsible for, and have
authority over, a PAH's
operations, and who would
serve as a PAH's primary
contact with the FAA.
Allow PC Holders to Manufacture and Codifying the practice,
Install Interface Components. currently allowed by
exemption, would reduce
regulatory compliance costs.
Clarify Supplier Control Requirements.. No additional cost. Proposal
clarifies existing
requirements that PAHs are
responsible for conformity
throughout their supply chains
and gives PAHs flexibility in
establishing a supplier-
reporting process for
nonconforming releases.
Allow PAHs to Issue Authorized Release Voluntary, so inherently cost-
Documents for Aircraft Engines, beneficial.
Propellers and Articles.
Exclude Fixed-Pitch Wooden Propellers The FAA found the exemption
from Fireproof Marking Requirements. provides an equivalent level
of safety. Codifying the
practice currently allowed by
exemption would reduce
regulatory compliance costs.
------------------------------------------------------------------------
Who is potentially affected by this proposed rule?
Production approval holders (PAHs) and TC (type certificate)
holders are potentially affected.
Costs and Benefits of This Proposed Rule
1. Require Identification of an Accountable Manager
Under this proposal, the FAA would require each applicant for, or
holder of, a Production Certificate (PC), PMA (Parts Manufacturer
Approval), or TSO (Technical Standard Order) authorization to identify
an accountable manager, who would be responsible for, and have
authority over, a PAH's operations, and who would serve as a
[[Page 11010]]
PAH's primary contact with the FAA. This proposal is not intended to
require the PAH to create a new position within its organization and
would not mandate that an individual in a specific position be
identified as the accountable manager. Consequently, the costs, if any,
associated with this requirement are minimal.
2. Allow Production Certificate Holders To Manufacture and Install
Interface Components
PC holders currently cannot install interface components (ICs) on
their type-certificated products without an exemption. Current
regulations governing the production limitation record and the
amendment of PCs restrict the PC holder to the manufacture of products
only (aircraft, aircraft engines, or propellers) and do not authorize
installation.\1\ The FAA has granted exemptions to engine
manufacturers, allowing them to manufacture and install airframe
components that interface between the engine and the airframe provided
they own or are licensed to use the IC type design and installation
data. In granting these exemptions, the FAA found that allowing engine
manufacturers to produce and install ICs improved safety and efficiency
by eliminating disassembly, reassembly and retesting, as well as
related scoring of fatigue sensitive parts; damage to critical parts;
and air/fuel/oil leaks.\2\
---------------------------------------------------------------------------
\1\ These regulations were Sec. 21.151 (production limitation
record) and Sec. 21.153 (amendments of production certificates)
before the 2010 changes in the part 21 rule and Sec. 21.142 and
Sec. 21.147 in 2012, after the 2010 changes.
\2\ The production and installation of ICs by engine
manufacturers also increase efficiency by allowing delivery of
quick-change replacement engines to end users such as air carriers
and charter operators. Some piece parts (or kits), such as the
engine buildup unit (EBU), rather than being installed by the PC
holder may be shipped separately to an aircraft manufacturer for the
purpose of just-in-time manufacturing operations, or to an airline
that may want kits on hand for routine maintenance operations or to
replace hardware damaged during operations.
---------------------------------------------------------------------------
This provision would codify the practice, currently allowed by
exemption, of allowing PC holders to manufacture and install ICs, and
would apply to any articles designated by the TC holder that interface
between products, therefore including the interface between propeller
and aircraft engine and between propeller and aircraft, as well as
between aircraft engine and aircraft. Codifying the practice of
allowing PC holders to manufacture and install ICs implies no change in
safety or efficiency benefits already implied by the practice.
Codifying the practice, however, would reduce regulatory costs since
paperwork requirements involved in periodic application for and
granting of exemptions would be eliminated.
3. Supplier Control
With this proposal the FAA intends to clarify existing requirements
that the PAH is responsible for (1) conformity throughout the supply
chain and (2) establishing a supplier reporting process for
nonconforming releases. As there is no definition of supplier in the
current regulations, the proposed rule would define supplier as ``a
person that provides a product, article, or service at any tier in the
supply chain that is used or consumed in the design or manufacture of,
or installed on, a product or article.''
The proposed rule would change the language to Sec. 21.137(c) as
shown in the following table:
------------------------------------------------------------------------
Current language Proposed language
------------------------------------------------------------------------
Supplier Control. Procedures that-- Supplier Control. Procedures
that--
(1) Ensure that each supplier- (1) Ensure that each
furnished product or article conforms supplier-provided product,
to its approved design; and article, or service
conforms to the production
approval holder's
requirements; and
(2) Require each supplier to report to (2) Establish a supplier-
the production approval holder if a reporting process for
product or article has been released products, articles, or
from that supplier and subsequently services that have been
found not to conform to the released from the supplier
applicable design data. and subsequently found not
to conform to the
production approval
holder's requirements.
------------------------------------------------------------------------
As provision (1) just clarifies the FAA's intent, while provision
(2) gives the PAHs greater flexibility, any additional costs would be
minimal.
4. Allow Production Approval Holders To Issue Authorized Release
Documents for Aircraft Engines, Propellers, and Articles
This proposal would allow, but not require, PAHs to issue
authorized release documents using FAA Form 8130-3, ``Authorized
Release Certificate,'' for aircraft engines, propellers, and articles
for which the PAH has a production approval. FAA Form 8130-3 is the
preferred method for issuing an export airworthiness approval
documenting that an aircraft engine, propeller, or article conforms to
its approved design and is in a condition for safe operation. PAHs
choosing not to issue these authorized release documents would continue
to obtain approvals from the FAA. For aircraft, an export airworthiness
approval would continue to be issued only by the FAA, using Form 8130-
4, ``Export Certificate of Airworthiness.''
Although export airworthiness approvals are required only when
requested by a foreign civil aviation authority, they have become
increasingly valued in the aviation industry. Several U.S.
manufacturers have requested the privilege of issuing authorized
release documents, which is already enjoyed by their European and
Canadian counterparts. As issuance of authorized release documents is
voluntary, this provision would be inherently cost beneficial.
5. Marking of Fixed-Pitch Wooden Propellers
As noted in the preamble above, the FAA granted an exemption to
Sensenich Wood Propeller Company from the regulations requiring that a
propeller, propeller blade, or propeller hub be marked using an
approved fireproof method. In granting the exemption, the FAA found
that stamping the hub of the propeller with the identification marks
would achieve a level of safety equivalent to the rule. The FAA
maintains that finding in this proposal and, in any case, codifying the
practice, currently allowed by exemption, implies no change in safety
benefits.\3\ Codifying the practice, however, would reduce regulatory
compliance costs since the costs of fireproof stamping and the costs of
paperwork requirements involved in periodic application for and
granting of the exemption would be eliminated.
---------------------------------------------------------------------------
\3\ Since variable-pitch wooden propellers have metal hubs, a
metal tag is not necessary.
---------------------------------------------------------------------------
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that
[[Page 11011]]
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 provisions of this proposed rule (1) are minimal cost, (2)
would impose no additional costs because the provisions would clarify
only or are current practice, or (3) are voluntary and therefore
inherently cost-beneficial.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities. The FAA solicits comments
regarding this determination. Specifically, the FAA requests comments
on whether the proposed rule creates any specific compliance costs
unique to small entities. Please provide detailed economic analysis to
support any cost claims. The FAA also invites comments regarding other
small-entity concerns with respect to the proposed rule.
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 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 the rule's provision allowing PAHs to issue authorized
release documents would be in accord with the Trade Agreements Act as
this provision uses European standards as the basis for United States
regulation. The remaining provisions have a minimal domestic impact
only and therefore no effect on international trade.
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
(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.
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 would be no new requirement for information collection associated
with this proposed rule.
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 proposed 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 312f 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 proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would 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, would not have
Federalism implications.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
[[Page 11012]]
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 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, 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 proposed rulemaking. Before acting on this
proposal, 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), when 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 rulemaking documents may be obtained from 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.gpoaccess.gov/fr/.
Copies may also be obtained 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.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.
List of Subjects
14 CFR Part 21
Amendment of production certificates, Issuance of export
airworthiness approvals for aircraft engines, propellers, and articles,
Organization and Quality system.
14 CFR Part 45
Marking of products.
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 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
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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.
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2. Amend Sec. 21.1 by revising paragraph (b)(1), redesignating
paragraphs (b)(5) through (8) as (b)(6) through (9), and adding new
paragraph (b)(5) and paragraph (b)(10) to read as follows:
Sec. 21.1 Applicability and definitions.
* * * * *
(b) * * *
(1) Airworthiness approval means a document issued by the FAA for
an aircraft, aircraft engine, propeller, or article which certifies
that the aircraft, aircraft engine, propeller, or article conforms to
its approved design, unless otherwise specified, and is in a condition
for safe operation.
* * * * *
(5) Interface component means an article that serves as a
functional interface between an aircraft and an aircraft engine, an
aircraft engine and a propeller, or an aircraft and a propeller. An
interface component is designated by the holder of the type certificate
or the supplemental type certificate who controls the approved design
data for that article.
* * * * *
(10) Supplier means a person that provides a product, article, or
service at any tier in the supply chain that is used or consumed in the
design or manufacture of, or installed on a product or article.
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3. Revise Sec. 21.135 to read as follows:
Sec. 21.135 Organization.
(a) Each applicant for or holder of a production certificate must
provide the FAA with a document describing how its organization will
ensure compliance with the provisions of this subpart. In addition, the
document must identify an accountable manager and describe assigned
responsibilities, delegated authorities, and the functional
relationship of those responsible for quality to management and other
organizational components.
(b) The accountable manager specified in paragraph (a) of this
section is responsible for, and has the authority over, all production
operations that are conducted under this part. The production approval
holder must ensure that the accountable manager confirms the procedures
described in the quality manual are in place and the requirements of
the applicable regulations are met. The accountable manager serves as
the primary contact with the FAA.
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4. Amend Sec. 21.137, by revising paragraphs (c)(1) and (2) and adding
paragraph (o) to read as follows:
Sec. 21.137 Quality system.
* * * * *
(c) * * *
(1) Ensure that each supplier-provided product, article, or service
conforms to the production approval holder's requirements; and
(2) Establish a supplier-reporting process for products, articles,
or services that have been released from or provided by the supplier
and subsequently found not to conform to the production approval
holder's requirements.
* * * * *
(o) Issuing authorized release documents. Procedures for issuing
authorized release documents for aircraft engines, propellers, and
articles
[[Page 11013]]
if the production approval holder intends to issue those documents.
These procedures must provide for the selection, appointment, training,
management, and removal of individuals authorized by the production
approval holder to issue authorized release documents. These documents
may be issued for new aircraft engines, propellers, and articles; and
for used aircraft engines, propellers, and articles when rebuilt, or
altered, in accordance with Sec. 43.3(j) of this chapter. When an
authorized release document is being used for the purpose of export,
the production approval holder must comply with the procedures
applicable to the export of new and used aircraft engines, propellers,
and articles specified in Sec. 21.331 and the responsibilities of
exporters specified in Sec. 21.335 of this part.
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5. Revise Sec. 21.142 to read as follows:
Sec. 21.142 Production limitation record.
The FAA issues a production limitation record as part of a
production certificate. The record lists the type certificate number
and model of every product that the production certificate holder is
authorized to manufacture, and identifies every interface component
that the production certificate holder is authorized to manufacture and
install.
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6. Revise Sec. 21.147 to read as follows:
Sec. 21.147 Amendment of production certificates.
(a) The holder of a production certificate must apply for an
amendment to a production certificate in a form and manner prescribed
by the FAA.
(b) The applicant for an amendment to a production certificate to
add a type certificate or model, or both, must comply with the
applicable requirements of Sec. Sec. 21.137, 21.138, and 21.150.
(c) The applicant for an amendment to a production certificate may
have its production limitation record amended to allow the manufacture
and installation of an interface component, provided--
(1) The design and installation data for the interface component is
owned by, or licensed to, the applicant and made available to the FAA
upon request;
(2) The interface component is manufactured by the applicant;
(3) The applicant's product conforms to its approved type design
and the interface component conforms to its approved type design data;
(4) The assembled product with the installed interface component is
in a condition for safe operation; and
(5) The applicant complies with any other conditions and
limitations the FAA considers necessary.
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7. Revise Sec. 21.305 to read as follows:
Sec. 21.305 Organization.
(a) Each applicant for or holder of a PMA must provide the FAA with
a document describing how its organization will ensure compliance with
the provisions of this subpart. In addition, the document must identify
an accountable manager and describe assigned responsibilities,
delegated authorities, and the functional relationship of those
responsible for quality to management and other organizational
components.
(b) The accountable manager specified in paragraph (a) of this
section is responsible for, and has the authority over, all production
operations that are conducted under this part. The production approval
holder must ensure that the accountable manager confirms the procedures
described in the quality manual are in place and the requirements of
the applicable regulations are met. The accountable manager serves as
the primary contact with the FAA.
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8. Revise Sec. 21.605 to read as follows:
Sec. 21.605 Organization.
(a) Each applicant for or holder of a TSO authorization must
provide the FAA with a document describing how its organization will
ensure compliance with the provisions of this subpart. In addition, the
document must identify an accountable manager and describe assigned
responsibilities, delegated authorities, and the functional
relationship of those responsible for quality to management and other
organizational components.
(b) The accountable manager specified in paragraph (a) of this
section is responsible for, and has the authority over, all production
operations that are conducted under this part. The production approval
holder must ensure that the accountable manager confirms the procedures
described in the quality manual are in place and the requirements of
the applicable regulations are met. The accountable manager serves as
the primary contact with the FAA.
PART 45--IDENTIFICATION AND REGISTRATION MARKING
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9. The authority citation for part 45 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44101-44105,
44107-44111, 44504, 44701, 44708-44709, 44711-44713, 44725, 45302-
45303, 46104, 46304, 46306, 47122.
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10. Amend Sec. 45.11 by revising paragraph (c) introductory text to
read as follows:
Sec. 45.11 Marking of products.
* * * * *
(c) Propellers and propeller blades and hubs. Each person who
produces a propeller, propeller blade, or propeller hub under a type
certificate or production certificate must mark each product or part.
Except for a fixed-pitch wooden propeller, the marking must be
accomplished using an approved fireproof method. The marking must--
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on January 23, 2014.
Frank P. Paskiewicz,
Deputy Director, Aircraft Certification Service.
[FR Doc. 2014-04330 Filed 2-26-14; 8:45 am]
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