Aviation Maintenance Technician Schools, 38391-38395 [2023-12382]

Download as PDF Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations (ii) Gulfstream GVII–G600 Aircraft Service Change No. 029, Revision A, dated September 13, 2022, including Thales Service Bulletin C13204K–27–002, Revision 01, dated September 13, 2022, and Thales Service Bulletin C13212K–27–002, Revision 01, dated September 13, 2022. (3) For service information identified in this AD, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, GA 31402–2206; telephone 800–810–4853; email pubs@ gulfstream.com; website gulfstream.com/en/ customer-support. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on June 2, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–12442 Filed 6–12–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 43, 65, and 147 [Docket No.: FAA–2021–0237; Amdt. No. 43–52A, 65–63A, 147–9A] RIN 2120–AL67 Aviation Maintenance Technician Schools Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The interim final rule (IFR), ‘‘Aviation Maintenance Technician Schools,’’ published on May 24, 2022, and established new regulations for issuing aviation maintenance technician school (AMTS) certificates and associated ratings and the general operating rules for the holders of those certificates and ratings. The IFR was issued pursuant to the Aircraft Certification, Safety, and Accountability Act. In this final rule, the FAA responds to comments to the IFR without making further modifications to the requirements. DATES: Effective June 13, 2023. ADDRESSES: For information on where to obtain copies of rulemaking documents ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:13 Jun 12, 2023 Jkt 259001 and other information related to this final rule, see ‘‘Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Tanya Glines, Aircraft Maintenance Division, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 380–5896; email Tanya.Glines@faa.gov. SUPPLEMENTARY INFORMATION: I. Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the FAA’s authority. This rulemaking is issued under the authority described in Title 49, subtitle VII, part A, subpart I, chapter 401, section 40113 (prescribing general authority of the Administrator of the FAA, with respect to aviation safety duties and powers, to prescribe regulations); and Subpart III, Chapter 447, Sections 44701 (general authority of the Administrator to prescribe regulations and minimum standards in the interest of safety for inspecting, servicing, and overhauling aircraft, engines, propellers, and appliances, including for other practices, methods, and procedures necessary for safety in air commerce); 44702 (authority of the Administrator to issue air agency certificates); 44703 (authority of the Administrator to issue airman certificates); 44707 (authority of the Administrator to examine and rate air agencies, including civilian schools giving instruction in repairing, altering, and maintaining aircraft, aircraft engines, propellers, and appliances, on the adequacy of instruction, the suitability and airworthiness of equipment, and the competency of instructors); and 44709 (authority of the Administrator to amend, modify, suspend, and revoke air agency and other FAA-issued certificates). This rule is further issued under Section 135 of the Aircraft Certification, Safety, and Accountability Act in Public Law 116–260, the Consolidated Appropriations Act of 2021. Section 135, titled ‘‘Promoting Aviation Regulations for Technical Training,’’ provides the requirements and terms of this rule. II. Background On December 27, 2020, President Donald Trump signed the Consolidated PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 38391 Appropriations Act (Pub. L. 116–260) into law, which includes the Aircraft Certification, Safety, and Accountability Act (the ‘‘Act’’). Section 135 of the Act, titled ‘‘Promoting Aviation Regulations for Technician Training,’’ directed the FAA to issue interim final regulations to establish requirements for issuing aviation maintenance technician school (AMTS) certificates and associated ratings and the general operating rules for the holders of those certificates and ratings, in accordance with the requirements set forth within Section 135. In accordance with this direction, the FAA published an IFR titled ‘‘Aviation Maintenance Technician Schools’’ on May 24, 2022 (‘‘the IFR’’).1 In the IFR, the FAA replaced the regulations in part 147, which prescribe the requirements for the certification and operation of FAA-certificated AMTS, with new regulations that conform to the Act. Pursuant to the Act, the FAA issued the IFR, including requirements addressing: • When an AMTS certificate is required; • Application requirements for AMTS certificates and associated ratings, additional ratings, and changes to certificates; • Operations specifications and their contents; • The duration of a certificate or rating issued under part 147; • The ratings that an AMTS may obtain under part 147; • AMTS facilities, equipment, and material; • Training provided at another location; • AMTS training and curricula; • Instructors; • Certificates of completion; • Quality control systems; • The minimum passage rate each school must maintain; • FAA inspections; • The display of part 147 certificates; and • A student’s ability to take the FAA’s general written test prior to satisfying the experience requirements of § 65.77, provided certain conditions are met. The FAA also made conforming amendments to parts 43 and 65 to effectuate the legislation. Specifically, the FAA amended Appendix A to part 43 to remove a cross-reference to previous § 147.21 referring to certificates of competency for the affected aircraft. An AMTS that requests an approval, or an AMTS that currently holds an approval originally issued 1 Interim Final Rule, Aviation Maintenance Technician Schools, 87 FR 31391 (May 24, 2022). E:\FR\FM\13JNR1.SGM 13JNR1 38392 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations under previous § 147.21(e), of special courses in the performance of special inspection and preventive maintenance programs for a primary category aircraft may issue a certificate of competency as ‘‘another entity that has a course approved by the Administrator’’ in accordance with new paragraph (c)(30)(i)(2) in Appendix A to part 43. Additionally, § 65.80 was amended to remove reference to an AMTS’s ‘‘approved’’ curriculum as it existed prior to the IFR, thereby allowing AMTS students to continue testing under § 65.80. Finally, the FAA’s implementation of § 147.17 and incorporation by reference of the Mechanic ACS into part 147 necessitated conforming revisions to §§ 65.23, 65.75, and 65.79. Section 135 of the Act stated that part 147 as it existed at the time of the legislation would have no force or effect on or after the effective date of the IFR. Therefore, as of the effective date of the IFR, which was September 21, 2022, all AMTSs that were certificated under prior part 147 were required to comply with part 147 as established by the IFR. Additionally, the FAA terminated all AMTS-related exemptions in existence prior to the effective date of the AMTS IFR since the majority of the grounds for the requested relief were cured by the IFR. III. Discussion of Comments and the Final Rule ddrumheller on DSK120RN23PROD with RULES1 The FAA received six comments in response to the IFR and one comment in response to the regulatory impact analysis (RIA).2 Six comments were submitted by individuals. One comment was submitted by the Middle Georgia State University, Aviation Maintenance and Structural Technology Department (‘‘Middle Georgia State University’’). Commenters questioned the compliance timeline and how the requirements should or will be implemented by an individual AMTS. In addition, three comments fall outside of the scope of the IFR. Because the FAA was statutorily directed to implement the provisions set forth by the Act, this final rule retains the requirements published in the IFR without any further modification. However, the FAA responds to the comments in the following sections. 2 After the IFR published, the FAA became aware that the regulatory evaluation (also referred to as the regulatory impact analysis) for the IFR was not made available at the time the IFR published. On March 15, 2023, the FAA published a notice in the Federal Register reopening the comment period on the IFR for 30 days specifically to receive comments on the RIA (88 FR 15905). The comment period closed on April 14, 2023. VerDate Sep<11>2014 16:13 Jun 12, 2023 Jkt 259001 a. Effective Date One individual expressed confusion on the relationship between the effective date of the IFR and the testing effectivity dates in the regulations. Specifically, the commenter asked whether the effective date for written exam requirements is September 2022 or 2023. The IFR was published on May 24, 2022, and set forth an effective date of September 21, 2022, to implement the new requirements in the rule, except for certain testing standards under part 65 that are effective on August 1, 2023. Specifically, the Mechanic Practical Test Standards (Mechanic PTS) 3 is the testing standard until July 31, 2023, pursuant to §§ 65.75(a) and 65.79. This means that up until July 31, 2023, an applicant for a mechanic certificate or rating will be tested on the areas in the Mechanic PTS for the written, oral, and practical tests. After July 31, 2023, pursuant to §§ 65.75(a) and 65.79, the FAA will use the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards (Mechanic ACS) 4 as the standards for conducting mechanic tests. As explained in the preamble to the IFR, the FAA finds that a one-year delay in using the Mechanic ACS as the testing standard allows each AMTS to train its students under the curriculum aligned with the Mechanic ACS, as required by § 147.17(a)(1), and prepare students to take a knowledge, practical, and oral test based on such. In sum, the effective dates for the IFR are as follows: • September 21, 2022, general IFR effective date; • August 1, 2023, the Mechanic ACS becomes the testing standard for the written test, pursuant to § 65.75(a); and • August 1, 2023, the Mechanic ACS becomes the testing standard for the oral test and practical test, pursuant to § 65.79. b. Implementation Middle Georgia State University generally supported the IFR but expressed concern that the rule did not set forth a provision for students to finish under the curriculum they started. The institution described that, within its university system, it generally allows students a period in which to finish under the academic catalog in 3 FAA–S–8081–26B, Aviation Mechanic General, Airframe, and Powerplant Practical Test Standards dated November 1, 2021; incorporated by reference in § 65.23. 4 FAA–S–ACS–1, Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards dated November 1, 2021; incorporated by reference in § 65.23. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 which they started, termed a ‘‘teach out’’ period. The institution stated that it currently has four cohorts of students at various points in its part 147 curriculum, and the transition to the new regulations would be less temporally and economically burdensome if there existed a regulatory ‘‘teach out’’ period or an exemption or process to allow such. Two individual commenters questioned whether students already within programs would have to retake certain courses or enroll in additional classes to meet the requirements of the new part 147 curriculum. These commenters recommended that part 147 be amended to impact only new students entering the program, specifically those students entering after August 2022. One of the commenters also inquired whether the FAA 8083 AMT textbooks 5 would be updated to parallel the implementation timeline of the IFR. The Act that set forth the new part 147 regulations did not provide for any type of transition period for AMTSs to implement the new regulations, including the use of an ACS-based curriculum. In fact, the Act specifically stated that upon the effective date of the new regulations, part 147 as in effect on the enactment of the Act would have no force or effect.6 Because the Act did not provide for a transition period, retroactive training requirements, or exclusion provisions to account for a curriculum change, the FAA was unable to provide for a curriculum transition period between the old and new requirements. Therefore, AMTSs were required to use and maintain a curriculum aligning with the Mechanic ACS beginning September 21, 2022. Training previously conducted under the FAA-approved curriculum may have aligned with the Mechanic ACS and would be considered valid training that does not have to be retrained by the AMTS or retaken by the student. In other words, the prior FAAapproved curriculums were based on current part 147 appendices A, B, C, and D (Curriculum Requirements, General Curriculum Subjects, Airframe Curriculum Subjects, Powerplant Curriculum Subjects, respectively). The curriculum elements in those appendices were broad, and it is likely that many elements defined in the ACS were substantively taught by an AMTS via its FAA-approved curriculum, even if they may not be explicitly defined (e.g., a curriculum lesson plan may have 5 The commenter uses the term ‘‘textbook’’; however, the FAA–H–8083s are properly categorized as handbooks. 6 See Section 135(a)(2). E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations more detailed content information). The specific AMTS is best situated to know what course content is taught for each subject, whether it does or does not align with the mechanic ACS, and if additional training is required. In sum, the FAA does not have the statutory authority to revise the IFR to provide for a transition period in this final rule. As discussed in the IFR,7 the exemption process set forth in part 11 of Title 14 of the Code of Federal Regulations (CFR) remains an option for an AMTS who seeks relief from the requirements of a current regulation. The FAA continually works to ensure FAA published handbooks represent accurate and current information and is currently working on updates to the five maintenance technician handbooks 8 to align with the Mechanic ACS. However, the FAA notes that handbooks are not the primary source for testing standards. Rather, the handbooks are intended to be a supplemental resource to prepare for FAA certification tests and improve knowledge. ddrumheller on DSK120RN23PROD with RULES1 c. Out of Scope Comments The FAA received three comments to the IFR that are outside the scope created by the Act. One commenter suggested three amendments to the IFR. First, the commenter recommended that AMTS be required to issue a certificate of completion within a reasonable time after a student completes a program in order to meet the 60-day window to take the written test. Second, the commenter stated that the subject areas incorporated by reference into part 147 (i.e., the subject areas in the Mechanic ACS that an AMTS must align their curriculum with) can be mastered in half of the required hours and, therefore, the Airframe and Powerplant hour requirement should be reduced by 20 percent. Finally, the commenter recommended that part 147 should encourage remote learning methods. These recommendations lie outside the scope of this rulemaking, as the FAA was required to set forth requirements that conformed only to the Act, 7 See 87 FR 31394, which explains that the contemplation of regulatory exemptions in the Act demonstrates that Congress intended that the FAA retain the authority to issue exemptions from part 147, as warranted under the Administrator’s statutory authority and 14 CFR part 11. 8 (1) FAA–H–8083–30, Aviation Maintenance Technician Handbook—General; (2) FAA–H–8083– 31, Aviation Maintenance Technician Handbook— Airframe Volume 1; (3) FAA–H–8083–31, Aviation Maintenance Technician Handbook—Airframe Volume 2; (4) FAA–H–8083–32, Aviation Maintenance Technician Handbook—Powerplant Volume 1; (5) FAA–H–8083–32, Aviation Maintenance Technician Handbook—Powerplant Volume 2. VerDate Sep<11>2014 16:13 Jun 12, 2023 Jkt 259001 resulting in the IFR. The FAA notes that the IFR is not prescriptive in any of the areas addressed by the commenter and, therefore, each AMTS has the flexibility to define its policy and procedures regarding areas such as timeframes for certificate issuance, curriculum hour requirements, and the use of remote learning methods. Another commenter questioned the usage of the term ‘‘satisfactory to the Administrator,’’ stating that use of the phrase implies the regulation is governed by a person instead of the law. The commenter refers specifically to the phrase set forth in § 65.77(b), stating that documentary evidence, satisfactory to the Administrator, is required to demonstrate an applicant has met the applicable experience requirements. Title 49 of the United States Code grants the Administrator of the FAA the authority to conduct investigation to ensure an individual is qualified for the duties related to the position authorized by an FAA airman certificate and prescribe regulations and minimum standards in the interest of safety.9 This authority is extrapolated to require documentary evidence that a person is sufficiently qualified before being issued an FAA certificate, as is the case in § 65.77. Section 65.77, as referenced by the commenter, actually functions to provide flexibility to an applicant by declining to restrict documentary evidence to a degree of specificity. For example, On-the-Job (OJT) training records, a letter from an employer or A&P mechanic, or a statement from a Civil Aviation Authority attesting to experience are regularly accepted by the FAA as evidence of practical experience, among other documentary evidence.10 The FAA recognizes that there are various ways in which an individual’s experience could be documented, and, therefore, it is unrealistic to require a prescriptive method of documentation within the regulation. Finally, the FAA received one comment during the re-opening of the comment period that sought comments on the RIA, specifically. The comment detailed challenges that non-part 147 certificated technician schools may face and is considered outside the scope of this rulemaking. IV. Regulatory Notices and Analyses Federal agencies consider impacts of regulatory actions under a variety of executive orders and other 9 49 U.S.C. 44703. See also Section I of this preamble. 10 FAA Order 8900.1, Volume 5, Chapter 5, Section 2. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 38393 requirements. First, Executive Order 12866 and Executive Order 13563, as amended by Executive Order 14094 (‘‘Modernizing Regulatory Review’’), direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify the costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. 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 that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $177,000,000, using the most current (2022) Implicit Price Deflator for the Gross Domestic Product. The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the docket for this rulemaking that was published with the IFR. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this rule. In conducting these analyses, the FAA has determined that this rule: will result in benefits that justify costs; is not significant as defined in section 3(f)(1) of Executive Order 12866; will not have a significant economic impact on a substantial number of small entities; will not create unnecessary obstacles to the foreign commerce of the United States; and will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. A. Regulatory Impact Analysis This final rule makes no changes to the Regulatory Impact Analysis (RIA) that was prepared for the IFR. The RIA may be found in the docket. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever an agency is required by 5 U.S.C. 553, or any other law, to publish a general notice of proposed rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to prepare a final regulatory E:\FR\FM\13JNR1.SGM 13JNR1 38394 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations flexibility analysis when an agency issues a final rule under 5 U.S.C. 553, after that section or any other law requires publication of a general notice of proposed rulemaking. The FAA notes that this final rule has no additional requirements from the IFR that would add a cost or a cost savings to small entities. In the IFR, the FAA found good cause for not publishing a notice of proposed rulemaking. As prior notice and comment under 5 U.S.C. 553 are not required to be provided in this situation, the analyses in 5 U.S.C. 603 and 604 are also not required. ddrumheller on DSK120RN23PROD with RULES1 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 final rule and determined that it has legitimate domestic safety objectives and does not operate in a manner that excludes imports to meet such objectives. Therefore, this final rule complies with the Trade Agreements Act. D. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a state, local, or tribal government or the private sector to incur direct costs without the Federal Government having first provided the funds to pay those costs. The FAA determined that this final rule will not result in the expenditure of $177,000,000 or more by State, local, or tribal governments, in the aggregate, or the private sector, in any one year. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) (PRA) requires that the FAA consider the impact of VerDate Sep<11>2014 16:13 Jun 12, 2023 Jkt 259001 paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. The FAA has determined that there are new information collections associated with this final rule. The new information collections were described in detail in the IFR.11 Approval to collect such information has been granted by the Office of Management and Budget (OMB) under the provisions of the PRA and the assigned OMB Control Number 2120–0040. 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 (SARP) to the maximum extent practicable. The FAA has reviewed the corresponding ICAO SARPs and has determined that there are no ICAO SARPs that correspond to this final rule. However, the FAA identified a filing is required for an ICAO Annex 1 SARP found in Chapter 4 pertaining to certification of maintenance technicians that is unrelated to this rulemaking. Therefore, the FAA has modified an existing difference to reflect that mechanic applicants are not required to have two years of experience in the inspection, servicing, and maintenance of aircraft following the completion of an approved training course to qualify to take the written examination for a mechanic airframe or powerplant license. G. Environmental Analysis FAA Order 1050.1F 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 5–6.6 and involves no extraordinary circumstances. 11 See PO 00000 87 FR 31391 at 31412. Frm 00018 Fmt 4700 Sfmt 4700 V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have federalism implications. B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Consistent with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments,12 and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,13 the FAA ensures that Federally Recognized Tribes (Tribes) are given the opportunity to provide meaningful and timely input regarding proposed Federal actions that have the potential to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes; or to affect uniquely or significantly their respective Tribes. At this point, the FAA has not identified any unique or significant effects, environmental or otherwise, on tribes resulting from this final rule. C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final 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 is not a ‘‘significant energy action’’ under the Executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. D. Executive Order 13609, Promoting International Regulatory Cooperation 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 12 65 FR 67249 (Nov. 6, 2000). Order No. 1210.20 (Jan. 28, 2004), available at www.faa.gov/documentLibrary/media/ 1210.pdf. 13 FAA E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations 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. VI. Additional Information A. Electronic Access and Filing A copy of the NPRM, all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this final rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at www.federalregister.gov and the Government Publishing Office’s website at www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at www.faa.gov/regulations_policies. 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) 267–9677. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing this final rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. ddrumheller on DSK120RN23PROD with RULES1 B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/ rulemaking/sbre_act/. Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703, and Sec. 135 of the Aircraft Certification, Safety, and Accountability Act within Public Law 116– VerDate Sep<11>2014 16:13 Jun 12, 2023 Jkt 259001 260, in Washington, DC, on or about June 7, 2023. Billy Nolen, Acting Administrator. The Amendment Accordingly, the interim rule amending 14 CFR parts 43, 65, and 147, which was published at 87 FR 31391 on May 24, 2022, is adopted as final without change. ■ [FR Doc. 2023–12382 Filed 6–12–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–0588; Airspace Docket No. 23–ASO–10] RIN 2120–AA66 Amendment of Class D and Class E Airspace; Lakeland, FL Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface for Lakeland Linder International Airport, Lakeland, FL. This action updates this airport’s name and geographic coordinates, as well as the names of Bartow Executive Airport, Plant City Airport, and Winter Haven Regional Airport. In addition, this action removes the Lakeland VORTAC from the Class E airspace designated as an extension to a Class D surface area description. DATES: Effective 0901 UTC, August 10, 2023. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours a day, 365 days a year. FAA Order JO 7400.11G Airspace Designations and Reporting Points and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 38395 Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305–6364. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it amends Class D and E airspace in Lakeland, FL. An airspace evaluation determined that this update is necessary to support IFR operations in the area. History The FAA published a notice of proposed rulemaking for Docket No. FAA 2023–0588 in the Federal Register (88 FR 21132; April 10, 2023), proposing to amend Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface for Lakeland Linder International Airport (formerly Lakeland Linder Regional Airport), Lakeland, FL. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Incorporation by Reference Class D and E airspace designations are published in Paragraphs 5000, 6004, and 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, incorporated by reference in 14 CFR 71.1 annually. This document amends the current version of that order, FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next FAA Order JO 7400.11 update. E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38391-38395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 43, 65, and 147

 [Docket No.: FAA-2021-0237; Amdt. No. 43-52A, 65-63A, 147-9A]
RIN 2120-AL67


Aviation Maintenance Technician Schools

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The interim final rule (IFR), ``Aviation Maintenance 
Technician Schools,'' published on May 24, 2022, and established new 
regulations for issuing aviation maintenance technician school (AMTS) 
certificates and associated ratings and the general operating rules for 
the holders of those certificates and ratings. The IFR was issued 
pursuant to the Aircraft Certification, Safety, and Accountability Act. 
In this final rule, the FAA responds to comments to the IFR without 
making further modifications to the requirements.

DATES: Effective June 13, 2023.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see 
``Additional Information'' in the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Tanya Glines, Aircraft Maintenance Division, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone (202) 380-5896; email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the FAA's authority.
    This rulemaking is issued under the authority described in Title 
49, subtitle VII, part A, subpart I, chapter 401, section 40113 
(prescribing general authority of the Administrator of the FAA, with 
respect to aviation safety duties and powers, to prescribe 
regulations); and Subpart III, Chapter 447, Sections 44701 (general 
authority of the Administrator to prescribe regulations and minimum 
standards in the interest of safety for inspecting, servicing, and 
overhauling aircraft, engines, propellers, and appliances, including 
for other practices, methods, and procedures necessary for safety in 
air commerce); 44702 (authority of the Administrator to issue air 
agency certificates); 44703 (authority of the Administrator to issue 
airman certificates); 44707 (authority of the Administrator to examine 
and rate air agencies, including civilian schools giving instruction in 
repairing, altering, and maintaining aircraft, aircraft engines, 
propellers, and appliances, on the adequacy of instruction, the 
suitability and airworthiness of equipment, and the competency of 
instructors); and 44709 (authority of the Administrator to amend, 
modify, suspend, and revoke air agency and other FAA-issued 
certificates).
    This rule is further issued under Section 135 of the Aircraft 
Certification, Safety, and Accountability Act in Public Law 116-260, 
the Consolidated Appropriations Act of 2021. Section 135, titled 
``Promoting Aviation Regulations for Technical Training,'' provides the 
requirements and terms of this rule.

II. Background

    On December 27, 2020, President Donald Trump signed the 
Consolidated Appropriations Act (Pub. L. 116-260) into law, which 
includes the Aircraft Certification, Safety, and Accountability Act 
(the ``Act''). Section 135 of the Act, titled ``Promoting Aviation 
Regulations for Technician Training,'' directed the FAA to issue 
interim final regulations to establish requirements for issuing 
aviation maintenance technician school (AMTS) certificates and 
associated ratings and the general operating rules for the holders of 
those certificates and ratings, in accordance with the requirements set 
forth within Section 135. In accordance with this direction, the FAA 
published an IFR titled ``Aviation Maintenance Technician Schools'' on 
May 24, 2022 (``the IFR'').\1\ In the IFR, the FAA replaced the 
regulations in part 147, which prescribe the requirements for the 
certification and operation of FAA-certificated AMTS, with new 
regulations that conform to the Act.
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    \1\ Interim Final Rule, Aviation Maintenance Technician Schools, 
87 FR 31391 (May 24, 2022).
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    Pursuant to the Act, the FAA issued the IFR, including requirements 
addressing:
     When an AMTS certificate is required;
     Application requirements for AMTS certificates and 
associated ratings, additional ratings, and changes to certificates;
     Operations specifications and their contents;
     The duration of a certificate or rating issued under part 
147;
     The ratings that an AMTS may obtain under part 147;
     AMTS facilities, equipment, and material;
     Training provided at another location;
     AMTS training and curricula;
     Instructors;
     Certificates of completion;
     Quality control systems;
     The minimum passage rate each school must maintain;
     FAA inspections;
     The display of part 147 certificates; and
     A student's ability to take the FAA's general written test 
prior to satisfying the experience requirements of Sec.  65.77, 
provided certain conditions are met.
    The FAA also made conforming amendments to parts 43 and 65 to 
effectuate the legislation. Specifically, the FAA amended Appendix A to 
part 43 to remove a cross-reference to previous Sec.  147.21 referring 
to certificates of competency for the affected aircraft. An AMTS that 
requests an approval, or an AMTS that currently holds an approval 
originally issued

[[Page 38392]]

under previous Sec.  147.21(e), of special courses in the performance 
of special inspection and preventive maintenance programs for a primary 
category aircraft may issue a certificate of competency as ``another 
entity that has a course approved by the Administrator'' in accordance 
with new paragraph (c)(30)(i)(2) in Appendix A to part 43. 
Additionally, Sec.  65.80 was amended to remove reference to an AMTS's 
``approved'' curriculum as it existed prior to the IFR, thereby 
allowing AMTS students to continue testing under Sec.  65.80. Finally, 
the FAA's implementation of Sec.  147.17 and incorporation by reference 
of the Mechanic ACS into part 147 necessitated conforming revisions to 
Sec. Sec.  65.23, 65.75, and 65.79.
    Section 135 of the Act stated that part 147 as it existed at the 
time of the legislation would have no force or effect on or after the 
effective date of the IFR. Therefore, as of the effective date of the 
IFR, which was September 21, 2022, all AMTSs that were certificated 
under prior part 147 were required to comply with part 147 as 
established by the IFR. Additionally, the FAA terminated all AMTS-
related exemptions in existence prior to the effective date of the AMTS 
IFR since the majority of the grounds for the requested relief were 
cured by the IFR.

III. Discussion of Comments and the Final Rule

    The FAA received six comments in response to the IFR and one 
comment in response to the regulatory impact analysis (RIA).\2\ Six 
comments were submitted by individuals. One comment was submitted by 
the Middle Georgia State University, Aviation Maintenance and 
Structural Technology Department (``Middle Georgia State University''). 
Commenters questioned the compliance timeline and how the requirements 
should or will be implemented by an individual AMTS. In addition, three 
comments fall outside of the scope of the IFR. Because the FAA was 
statutorily directed to implement the provisions set forth by the Act, 
this final rule retains the requirements published in the IFR without 
any further modification. However, the FAA responds to the comments in 
the following sections.
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    \2\ After the IFR published, the FAA became aware that the 
regulatory evaluation (also referred to as the regulatory impact 
analysis) for the IFR was not made available at the time the IFR 
published. On March 15, 2023, the FAA published a notice in the 
Federal Register reopening the comment period on the IFR for 30 days 
specifically to receive comments on the RIA (88 FR 15905). The 
comment period closed on April 14, 2023.
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a. Effective Date

    One individual expressed confusion on the relationship between the 
effective date of the IFR and the testing effectivity dates in the 
regulations. Specifically, the commenter asked whether the effective 
date for written exam requirements is September 2022 or 2023.
    The IFR was published on May 24, 2022, and set forth an effective 
date of September 21, 2022, to implement the new requirements in the 
rule, except for certain testing standards under part 65 that are 
effective on August 1, 2023. Specifically, the Mechanic Practical Test 
Standards (Mechanic PTS) \3\ is the testing standard until July 31, 
2023, pursuant to Sec. Sec.  65.75(a) and 65.79. This means that up 
until July 31, 2023, an applicant for a mechanic certificate or rating 
will be tested on the areas in the Mechanic PTS for the written, oral, 
and practical tests. After July 31, 2023, pursuant to Sec. Sec.  
65.75(a) and 65.79, the FAA will use the Aviation Mechanic General, 
Airframe, and Powerplant Airman Certification Standards (Mechanic ACS) 
\4\ as the standards for conducting mechanic tests. As explained in the 
preamble to the IFR, the FAA finds that a one-year delay in using the 
Mechanic ACS as the testing standard allows each AMTS to train its 
students under the curriculum aligned with the Mechanic ACS, as 
required by Sec.  147.17(a)(1), and prepare students to take a 
knowledge, practical, and oral test based on such.
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    \3\ FAA-S-8081-26B, Aviation Mechanic General, Airframe, and 
Powerplant Practical Test Standards dated November 1, 2021; 
incorporated by reference in Sec.  65.23.
    \4\ FAA-S-ACS-1, Aviation Mechanic General, Airframe, and 
Powerplant Airman Certification Standards dated November 1, 2021; 
incorporated by reference in Sec.  65.23.
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    In sum, the effective dates for the IFR are as follows:
     September 21, 2022, general IFR effective date;
     August 1, 2023, the Mechanic ACS becomes the testing 
standard for the written test, pursuant to Sec.  65.75(a); and
     August 1, 2023, the Mechanic ACS becomes the testing 
standard for the oral test and practical test, pursuant to Sec.  65.79.

b. Implementation

    Middle Georgia State University generally supported the IFR but 
expressed concern that the rule did not set forth a provision for 
students to finish under the curriculum they started. The institution 
described that, within its university system, it generally allows 
students a period in which to finish under the academic catalog in 
which they started, termed a ``teach out'' period. The institution 
stated that it currently has four cohorts of students at various points 
in its part 147 curriculum, and the transition to the new regulations 
would be less temporally and economically burdensome if there existed a 
regulatory ``teach out'' period or an exemption or process to allow 
such. Two individual commenters questioned whether students already 
within programs would have to retake certain courses or enroll in 
additional classes to meet the requirements of the new part 147 
curriculum. These commenters recommended that part 147 be amended to 
impact only new students entering the program, specifically those 
students entering after August 2022. One of the commenters also 
inquired whether the FAA 8083 AMT textbooks \5\ would be updated to 
parallel the implementation timeline of the IFR.
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    \5\ The commenter uses the term ``textbook''; however, the FAA-
H-8083s are properly categorized as handbooks.
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    The Act that set forth the new part 147 regulations did not provide 
for any type of transition period for AMTSs to implement the new 
regulations, including the use of an ACS-based curriculum. In fact, the 
Act specifically stated that upon the effective date of the new 
regulations, part 147 as in effect on the enactment of the Act would 
have no force or effect.\6\ Because the Act did not provide for a 
transition period, retroactive training requirements, or exclusion 
provisions to account for a curriculum change, the FAA was unable to 
provide for a curriculum transition period between the old and new 
requirements. Therefore, AMTSs were required to use and maintain a 
curriculum aligning with the Mechanic ACS beginning September 21, 2022. 
Training previously conducted under the FAA-approved curriculum may 
have aligned with the Mechanic ACS and would be considered valid 
training that does not have to be retrained by the AMTS or retaken by 
the student.
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    \6\ See Section 135(a)(2).
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    In other words, the prior FAA-approved curriculums were based on 
current part 147 appendices A, B, C, and D (Curriculum Requirements, 
General Curriculum Subjects, Airframe Curriculum Subjects, Powerplant 
Curriculum Subjects, respectively). The curriculum elements in those 
appendices were broad, and it is likely that many elements defined in 
the ACS were substantively taught by an AMTS via its FAA-approved 
curriculum, even if they may not be explicitly defined (e.g., a 
curriculum lesson plan may have

[[Page 38393]]

more detailed content information). The specific AMTS is best situated 
to know what course content is taught for each subject, whether it does 
or does not align with the mechanic ACS, and if additional training is 
required.
    In sum, the FAA does not have the statutory authority to revise the 
IFR to provide for a transition period in this final rule. As discussed 
in the IFR,\7\ the exemption process set forth in part 11 of Title 14 
of the Code of Federal Regulations (CFR) remains an option for an AMTS 
who seeks relief from the requirements of a current regulation.
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    \7\ See 87 FR 31394, which explains that the contemplation of 
regulatory exemptions in the Act demonstrates that Congress intended 
that the FAA retain the authority to issue exemptions from part 147, 
as warranted under the Administrator's statutory authority and 14 
CFR part 11.
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    The FAA continually works to ensure FAA published handbooks 
represent accurate and current information and is currently working on 
updates to the five maintenance technician handbooks \8\ to align with 
the Mechanic ACS. However, the FAA notes that handbooks are not the 
primary source for testing standards. Rather, the handbooks are 
intended to be a supplemental resource to prepare for FAA certification 
tests and improve knowledge.
---------------------------------------------------------------------------

    \8\ (1) FAA-H-8083-30, Aviation Maintenance Technician 
Handbook--General; (2) FAA-H-8083-31, Aviation Maintenance 
Technician Handbook--Airframe Volume 1; (3) FAA-H-8083-31, Aviation 
Maintenance Technician Handbook--Airframe Volume 2; (4) FAA-H-8083-
32, Aviation Maintenance Technician Handbook--Powerplant Volume 1; 
(5) FAA-H-8083-32, Aviation Maintenance Technician Handbook--
Powerplant Volume 2.
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c. Out of Scope Comments

    The FAA received three comments to the IFR that are outside the 
scope created by the Act.
    One commenter suggested three amendments to the IFR. First, the 
commenter recommended that AMTS be required to issue a certificate of 
completion within a reasonable time after a student completes a program 
in order to meet the 60-day window to take the written test. Second, 
the commenter stated that the subject areas incorporated by reference 
into part 147 (i.e., the subject areas in the Mechanic ACS that an AMTS 
must align their curriculum with) can be mastered in half of the 
required hours and, therefore, the Airframe and Powerplant hour 
requirement should be reduced by 20 percent. Finally, the commenter 
recommended that part 147 should encourage remote learning methods.
    These recommendations lie outside the scope of this rulemaking, as 
the FAA was required to set forth requirements that conformed only to 
the Act, resulting in the IFR. The FAA notes that the IFR is not 
prescriptive in any of the areas addressed by the commenter and, 
therefore, each AMTS has the flexibility to define its policy and 
procedures regarding areas such as timeframes for certificate issuance, 
curriculum hour requirements, and the use of remote learning methods.
    Another commenter questioned the usage of the term ``satisfactory 
to the Administrator,'' stating that use of the phrase implies the 
regulation is governed by a person instead of the law. The commenter 
refers specifically to the phrase set forth in Sec.  65.77(b), stating 
that documentary evidence, satisfactory to the Administrator, is 
required to demonstrate an applicant has met the applicable experience 
requirements.
    Title 49 of the United States Code grants the Administrator of the 
FAA the authority to conduct investigation to ensure an individual is 
qualified for the duties related to the position authorized by an FAA 
airman certificate and prescribe regulations and minimum standards in 
the interest of safety.\9\ This authority is extrapolated to require 
documentary evidence that a person is sufficiently qualified before 
being issued an FAA certificate, as is the case in Sec.  65.77. Section 
65.77, as referenced by the commenter, actually functions to provide 
flexibility to an applicant by declining to restrict documentary 
evidence to a degree of specificity. For example, On-the-Job (OJT) 
training records, a letter from an employer or A&P mechanic, or a 
statement from a Civil Aviation Authority attesting to experience are 
regularly accepted by the FAA as evidence of practical experience, 
among other documentary evidence.\10\ The FAA recognizes that there are 
various ways in which an individual's experience could be documented, 
and, therefore, it is unrealistic to require a prescriptive method of 
documentation within the regulation.
---------------------------------------------------------------------------

    \9\ 49 U.S.C. 44703. See also Section I of this preamble.
    \10\ FAA Order 8900.1, Volume 5, Chapter 5, Section 2.
---------------------------------------------------------------------------

    Finally, the FAA received one comment during the re-opening of the 
comment period that sought comments on the RIA, specifically. The 
comment detailed challenges that non-part 147 certificated technician 
schools may face and is considered outside the scope of this 
rulemaking.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), direct that each Federal 
agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify the 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. 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 that 
may result in the expenditure by State, local, and tribal governments, 
in the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $177,000,000, using the 
most current (2022) Implicit Price Deflator for the Gross Domestic 
Product. The FAA has provided a detailed Regulatory Impact Analysis 
(RIA) in the docket for this rulemaking that was published with the 
IFR. This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not significant as 
defined in section 3(f)(1) of Executive Order 12866; will not have a 
significant economic impact on a substantial number of small entities; 
will not create unnecessary obstacles to the foreign commerce of the 
United States; and will not impose an unfunded mandate on State, local, 
or tribal governments, or on the private sector.

A. Regulatory Impact Analysis

    This final rule makes no changes to the Regulatory Impact Analysis 
(RIA) that was prepared for the IFR. The RIA may be found in the 
docket.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553, or any other law, to publish a general notice of proposed 
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an 
agency to prepare a final regulatory

[[Page 38394]]

flexibility analysis when an agency issues a final rule under 5 U.S.C. 
553, after that section or any other law requires publication of a 
general notice of proposed rulemaking. The FAA notes that this final 
rule has no additional requirements from the IFR that would add a cost 
or a cost savings to small entities. In the IFR, the FAA found good 
cause for not publishing a notice of proposed rulemaking. As prior 
notice and comment under 5 U.S.C. 553 are not required to be provided 
in this situation, the analyses in 5 U.S.C. 603 and 604 are also not 
required.

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 final rule and 
determined that it has legitimate domestic safety objectives and does 
not operate in a manner that excludes imports to meet such objectives. 
Therefore, this final rule complies with the Trade Agreements Act.

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. The FAA determined that this final rule will not result in 
the expenditure of $177,000,000 or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) (PRA) 
requires that the FAA consider the impact of paperwork and other 
information collection burdens imposed on the public. According to the 
1995 amendments to the Paperwork Reduction Act (5 CFR 
1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection 
of information, nor may it impose an information collection requirement 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number.
    The FAA has determined that there are new information collections 
associated with this final rule. The new information collections were 
described in detail in the IFR.\11\ Approval to collect such 
information has been granted by the Office of Management and Budget 
(OMB) under the provisions of the PRA and the assigned OMB Control 
Number 2120-0040.
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    \11\ See 87 FR 31391 at 31412.
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F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices (SARP) to the maximum extent practicable. The FAA 
has reviewed the corresponding ICAO SARPs and has determined that there 
are no ICAO SARPs that correspond to this final rule.
    However, the FAA identified a filing is required for an ICAO Annex 
1 SARP found in Chapter 4 pertaining to certification of maintenance 
technicians that is unrelated to this rulemaking. Therefore, the FAA 
has modified an existing difference to reflect that mechanic applicants 
are not required to have two years of experience in the inspection, 
servicing, and maintenance of aircraft following the completion of an 
approved training course to qualify to take the written examination for 
a mechanic airframe or powerplant license.

G. Environmental Analysis

    FAA Order 1050.1F 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 5-6.6 and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, does not have federalism 
implications.

B. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\12\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\13\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes; or to affect uniquely or significantly 
their respective Tribes. At this point, the FAA has not identified any 
unique or significant effects, environmental or otherwise, on tribes 
resulting from this final rule.
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    \12\ 65 FR 67249 (Nov. 6, 2000).
    \13\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final 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 
is not a ``significant energy action'' under the Executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory 
Cooperation

    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

[[Page 38395]]

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.

VI. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this final rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at 
www.federalregister.gov and the Government Publishing Office's website 
at www.govinfo.gov. A copy may also be found at the FAA's Regulations 
and Policies website at www.faa.gov/regulations_policies.
    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) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official, or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703, and Sec. 135 of the Aircraft Certification, Safety, and 
Accountability Act within Public Law 116-260, in Washington, DC, on 
or about June 7, 2023.
Billy Nolen,
Acting Administrator.

The Amendment

0
Accordingly, the interim rule amending 14 CFR parts 43, 65, and 147, 
which was published at 87 FR 31391 on May 24, 2022, is adopted as final 
without change.

[FR Doc. 2023-12382 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-13-P

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