80_FR_59211 80 FR 59021 - Changes to Production Certificates and Approvals

80 FR 59021 - Changes to Production Certificates and Approvals

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range59021-59032
FR Document2015-24950

The FAA is amending certification procedures and marking requirements for aeronautical products and articles. The amendment requires production approval holders to identify an accountable manager who is responsible for, and has authority over, their production operations and serves as the primary contact with the FAA; allows production approval holders to issue authorized release documents for aircraft engines, propellers, and articles; permits production certificate holders to manufacture and install interface components; requires 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; removes the requirement that fixed-pitch wooden propellers be marked using an approved fireproof method; and changes the title of part 21 of title 14 of the Code of Federal Regulations. This amendment updates FAA regulations to reflect the current global aeronautical manufacturing environment, thereby promoting aviation safety.

Federal Register, Volume 80 Issue 190 (Thursday, October 1, 2015)
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59021-59032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24950]



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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / 
Rules and Regulations

[[Page 59021]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21 and 45

[Docket No.: FAA-2013-0933; Amdt. Nos. 21-98, 45-29]
RIN 2120-AK20


Changes to Production Certificates and Approvals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is amending certification procedures and marking 
requirements for aeronautical products and articles. The amendment 
requires production approval holders to identify an accountable manager 
who is responsible for, and has authority over, their production 
operations and serves as the primary contact with the FAA; allows 
production approval holders to issue authorized release documents for 
aircraft engines, propellers, and articles; permits production 
certificate holders to manufacture and install interface components; 
requires 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; removes the 
requirement that fixed-pitch wooden propellers be marked using an 
approved fireproof method; and changes the title of part 21 of title 14 
of the Code of Federal Regulations. This amendment updates FAA 
regulations to reflect the current global aeronautical manufacturing 
environment, thereby promoting aviation safety.

DATES: Effective March 29, 2016.

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

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Priscilla Steward or Robert Cook, Aircraft 
Certification Service, Production Certification Section, AIR-112, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-1656; email: 
priscilla.steward@faa.gov or telephone: (202) 267-1590; email: 
robert.cook@faa.gov.
    For legal questions concerning this action, contact Benjamin 
Jacobs, Office of the Chief Counsel, Regulations Division, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone: (202) 267-7240; email: benjamin.jacobs@faa.gov.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The Department of Transportation (DOT) is responsible for 
developing transportation policies and programs that contribute to 
providing fast, safe, efficient, and convenient transportation under 
Sec.  101 of Title 49, United States Code (49 U.S.C.). The Federal 
Aviation Administration (FAA, we, us, or our) is an agency of DOT. 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), 44104, and 44701.
    The FAA is amending its regulations governing certification 
procedures for products and articles, and its requirements for 
identification and registration marking. These changes improve the 
quality standards applicable to manufacturers and help to ensure that 
products and articles are produced as designed and safe to operate. For 
those reasons, these amendments are a reasonable and necessary exercise 
of our rulemaking authority and obligations.

I. Executive Summary

A. Purpose of the Regulatory Action

    This final rule changes certification and marking requirements for 
products and articles. In particular, this final rule:
     Requires applicants for a production approval and 
production approval holders (PAHs) to identify an accountable manager;
     Allows a production certificate (PC) holder to manufacture 
and install interface components (IC) under certain conditions and 
limitations;
     Clarifies that a PAH must ensure that each supplier-
provided product, article, or service conforms to the PAH's 
requirements;
     Requires a PAH to establish a supplier-reporting process 
for products, articles, or services released from or provided by a 
supplier and subsequently found not to conform to the PAH's 
requirements;
     Allows a PAH that establishes an FAA-approved process in 
its quality system to issue authorized release documents (using FAA 
Form 8130-3) for new and used aircraft engines, propellers, and 
articles produced by that PAH; and
     Excludes fixed-pitch wooden propellers from the 
requirement that a propeller, propeller blade, or propeller hub be 
marked using an approved fireproof method.
    Regulations pertaining to certification requirements for products 
and articles are in part 21 of Title 14 of Code of Federal Regulations 
(14 CFR). Marking requirements are in 14 CFR part 45.
    This final rule requires applicants for a production approval and 
production approval holders (PAHs) to identify an accountable manager 
who is responsible for, and has authority over, a PAH's operations. 
This individual would also serve as a PAH's primary contact with the 
FAA. Additionally, this amendment requires 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 final rule allows a production certificate \1\ (PC) holder to 
manufacture

[[Page 59022]]

and install interface components (IC) under certain conditions and 
limitations. This final rule defines an IC as an article that serves as 
a functional interface between an aircraft and an aircraft engine, 
between an aircraft engine and a propeller, or between an aircraft and 
a propeller. Under this rule, an IC is designated as such by the type 
certificate (TC) or the supplemental type certificate (STC) holder who 
controls the approved design data for that article.
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    \1\ Section 21.1(b)(6) defines production approval as a document 
issued by the FAA to a person that allows the production of a 
product or article in accordance with its approved design and 
approved quality system, and can take the form of a production 
certificate, a PMA, or a TSO authorization.
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    This final rule clarifies that a PAH must ensure that each 
supplier-provided product, article, or service conforms to the PAH's 
requirements. This final rule also requires a PAH to establish a 
supplier-reporting process for products, articles, or services released 
from or provided by a supplier and subsequently found not to conform to 
the PAH's requirements. A PAH's reporting system may require suppliers 
to report nonconformances to the PAH directly, or to other suppliers in 
the supply chain.
    This final rule allows a PAH that establishes an FAA-approved 
process in its quality system to issue authorized release documents 
(using FAA Form 8130-3) for new and used aircraft engines, propellers, 
and articles produced by that PAH. This provision allows PAHs 
privileges similar to those afforded European- and Canadian-approved 
manufacturers.
    This final rule amends part 45 to exclude fixed-pitch wooden 
propellers from the requirement that a propeller, propeller blade, or 
propeller hub be marked using an approved fireproof method. This 
exclusion allows manufacturers to mark their products in a practical 
manner that takes account of the inherent nature of wooden propellers.
    This final rule amends the title of part 21 to include articles. 
The title is now ``Certification Procedures for Products and 
Articles.''

B. Summary of Costs and Benefits

    The provisions of this final rule (1) are minimal cost, (2) impose 
no additional costs because the provisions clarify only, or are current 
practice, or (3) are voluntary and therefore inherently cost-
beneficial. Our analysis described in the notice of proposed rulemaking 
(NPRM) regulatory evaluation has not changed. The FAA received no 
comments to the docket on the NPRM regulatory evaluation.

II. Background

    Part 21 of 14 CFR contains the FAA's regulations concerning 
certification procedures for products, articles, and parts. Since the 
FAA codified part 21 in 1964, it has been amended numerous times. 
Additionally, the origins of many part 21 regulations can be traced to 
the Civil Air Regulations codified in 1937.
    When part 21 was first codified, 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 these suppliers manufacture 
an increasing percentage of a given product or article. Furthermore, 
due to the global nature of manufacturing, forming business 
partnerships and agreements across large geographic areas is now a 
common strategy to lower costs, share risks, and expand markets. 
Manufacturers collaborate globally to reduce duplicate requirements for 
shared suppliers. Accordingly, the international market for aviation 
products and the production of replacement parts under parts 
manufacturer approvals (PMAs) have increased dramatically.
    In recognition of these and other related considerations, the FAA 
published an NPRM, Changes to Production Certificates and Approvals, on 
February 27, 2014, 79 FR 11012. The NPRM proposed numerous rule changes 
to part 21, primarily to subparts A (General) and G (Production 
Certificates). For greater detail on the FAA's initial proposal, 
including additional background information and a more complete 
statement of the problem, refer to the NPRM.

III. Discussion of Public Comments and Final Rule

    In response to the FAA's NPRM, we received comments from 19 
commenters, raising 32 issues. Commenters included aviation 
manufacturers and equipment manufacturers, such as Boeing, Garmin, 
General Electric, HEICO, Textron, Timken, and Williams International; 
industry groups and associations, such as Aerospace Industry 
Association (AIA), Aviation Suppliers Association (ASA), and 
Modification and Replacement Parts Association (MARPA); and numerous 
individuals. The comments covered five main topics and a range of 
various responses to the rulemaking proposal, which are discussed in 
more detail below.

A. Supplier Control

    This final rule makes two amendments to Sec.  21.137(c)(1) & (2). 
First, as proposed, Sec.  21.137(c)(1), which previously required a PAH 
to develop procedures to ensure that a supplier-provided product or 
article conforms to its approved design, now also requires those 
procedures to account for supplier-provided services. Second, as 
proposed, the standard for supplier control is revised in both Sec.  
21.137(c)(1) & (2) to require suppliers to furnish products, articles, 
or services that conform to the PAH's requirements. Prior to this final 
rule, supplier-provided goods and services had to conform to FAA-
approved design data.
    HEICO recommended amending the proposed Sec.  21.137(c)(1) to 
include services provided to a design approval holder. The commenter 
noted that many design approval holders outsource portions of the 
overall design process and these `services' must also be properly 
controlled. The commenter's recommendation is outside the scope of this 
rulemaking, which focuses on production approvals and PAH activities, 
and not on design approval certification activities. PAHs are not 
responsible, under Sec.  21.137, for design approval holder activities.
    ASA and MARPA recommended that, in addition to requiring a PAH to 
require suppliers to provide products, articles, or services to meet 
the PAH requirements, the FAA should also continue to allow a PAH to 
accept products, articles, or services that conform to the PAH's 
approved design. The commenters' rationale was that this final rule 
creates two separate rules with respect to conformity of products and 
articles; one standard for when a company is acting as a supplier, and 
another standard when it is acting as a distributor. The commenters 
claimed that an entity functioning as a supplier to a PAH would be 
required to ensure that the product or article conformed to the PAH's 
requirements. However, if that same entity, operating as a distributor, 
were to sell their products in the aftermarket as replacement parts, 
for instance to a repair station or an air carrier, they would still be 
required to ensure that the product or article conforms to its approved 
design. Both commenters suggested that this situation could result in 
confusion and unintended harm to suppliers, and recommended revising 
proposed Sec.  21.137(c)(1) to allow products, articles, or services to 
conform to either the PAH's requirements or the approved design.

[[Page 59023]]

    The FAA disagrees with the recommendation. With respect to the 
commenters' claim that this final rule creates two separate rules for 
suppliers and distributors in the aftermarket, we presume that the 
commenters used the term ``aftermarket distributor'' to mean that the 
distributor is acting as a supplier to an entity other than a PAH. 
Regardless, this provision does not create two separate standards. All 
suppliers to any purchaser continue to be bound by contract to the 
terms of any relevant purchase order. In the case of suppliers to a 
PAH, the final rule removes the requirement to report deliveries that 
conform to the purchase order but do not conform to the PAH's final 
approved design. Aftermarket distributors who are not suppliers, on the 
other hand, are outside of the scope of part 21. The FAA does not 
regulate aftermarket distributers under these regulations.
    The commenters also suggested that, under this final rule, a 
supplier providing the same part with different specifications to both 
a PAH and an aftermarket customer, such as a maintenance provider, 
could be at risk of inadvertently sending design-conforming parts 
(intended for the aftermarket customer) to a PAH, instead of parts that 
met the PAH's unique specifications. The commenters suggested that the 
supplier in that situation should not be punished for providing an 
article that conforms to its approved design.
    The FAA disagrees with the comment that this change will punish any 
supplier who provides nonconforming products, articles, or services. 
This provision is not intended as a means to punish suppliers. The FAA 
does not directly regulate suppliers; instead, this final rule requires 
that a PAH's quality system include a supplier-reporting system. Under 
this final rule, a PAH must establish procedures for supplier reporting 
of supplier-provided products, articles, or services that deviate from 
the requirements of the PAH's purchase order. This gives a PAH 
flexibility to determine the appropriate level of reporting because it 
is the PAH and only the PAH who knows what is needed, and in what 
condition, for the production process. To clarify, this final rule does 
not require a PAH to report to the FAA those supplier nonconformances 
that remain within the PAH's quality system.
    Relatedly, ASA and MARPA stated that the proposed rule could 
indirectly require a supplier to report nonconformance higher up the 
supply chain, even when the supplier provided a product or article that 
conformed to its approved design. The commenters again recommended that 
the final rule allow suppliers to provide products or articles that 
conform to either the PAH's requirements or the approved design.
    The FAA disagrees with the recommendation. This final rule replaces 
the existing requirement that a supplier-provided product, article, or 
service conform to the PAH's approved design with a requirement that it 
conform to the PAH's requirements. The purpose of this amendment is to 
tailor the regulation to its original intent. For example, a PAH may 
issue a purchase order for sheet metal parts, and state on the purchase 
order that the rivet holes are to be drilled to less than the finished 
dimensions of the approved design. The PAH may request pilot drilling 
by the supplier because the PAH will itself drill the holes to the 
finished size upon assembly. If the supplier provides the items with 
the holes drilled to the finished dimension, the sheet metal parts 
would not conform to the PAH's requirements. The supplier would be 
supplying nonconforming material even though it would conform to the 
approved design. Under this final rule, therefore, a supplier may not 
deviate from the requirements of the PAH. It is the PAH, and only the 
PAH, that knows what is needed, and in what condition, for the 
production process.
    An individual commenter stated that the NPRM changes the definition 
of ``quality escape,'' as the phrase is used in Sec.  21.137(n), from 
nonconforming products or articles which escaped a PAH's quality system 
to products or articles which do not conform to their approved design 
but are contained within the quality system. The commenter recommended 
that we distinguish between nonconforming products or articles still 
within the PAH's quality system, and nonconforming products or articles 
that escape a PAH's quality control system.
    Section 21.137(n), which is not revised by this rule, addresses 
quality escapes by requiring a PAH to have procedures for, among other 
things, identifying and taking corrective action whenever a PAH 
releases a nonconforming product or article from its quality system. In 
our NPRM, we stated that 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. We believe the commenter's confusion derives from our use 
of the term ``quality escape'' to describe the transfer of 
nonconforming items or services between tiers in the supply chain, 
instead of its traditional meaning of nonconforming products or 
articles that leave a PAH's quality system. We acknowledge that our 
preamble discussion in the NPRM used the term in a confusing manner. 
However, we determine that no change to the terms of Sec.  21.137, as 
originally proposed, are necessary. The reporting requirements of Sec.  
21.137(c) apply when a supplier to a PAH determines that it has 
released or provided a product, article, or service subsequently found 
not to conform to the PAH's requirements, and do not include the phrase 
``quality escape.''
    Boeing recommended that the FAA require PAHs to communicate design 
change notifications throughout the supply chain, and adopt the 
industry's SAE \2\ AS9016 standard for standardization of design change 
notifications, because it believes this will address the single most 
common reason for quality escapes from the supply chain.
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    \2\ Formerly known as the Society of Automotive Engineers.
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    The FAA disagrees with the recommendation to regulate PAHs' use of 
SAE AS9016 because we believe this subject is adequately addressed by 
our current regulation, Sec.  21.137(a), design data control, which 
requires that only current, correct, and approved data is used. In 
addition, we do not believe that we should mandate, by rule, the use of 
an industry standard over which we have no control. This final rule 
requires a PAH to ensure that any product, article, or service it 
receives conforms to its requirements. If a PAH chooses, it may, as 
part of a purchase order, require its supply-chain to adhere to the 
AS9016 standard.
    Williams International stated that it is unnecessary to require a 
PAH to report supplier nonconformances that remain contained within the 
PAH quality system. Williams International further stated that the 
proposed requirement for reporting of released nonconformances is 
already required by a PAH. FAA Advisory Circular (AC) 00-58, Voluntary 
Disclosure Reporting Program, further provides a means for a voluntary 
disclosure of such releases.
    Although the commenter did not provide a recommendation, the FAA 
disagrees with the commenter's premise. Before this final rule, a PAH's 
supplier-reporting process required each supplier, at any tier, to 
report to the PAH any product, article, or service that did not conform 
to the PAH's FAA-approved design. The FAA recognizes that this 
requirement had the potential to impose significant burdens on a PAH

[[Page 59024]]

and that, in many cases (such as suppliers of standard parts), a 
supplier may not have known the ultimate customer. This final rule 
amends Sec.  21.137(c) to provide every PAH greater flexibility to 
determine which nonconformances its suppliers should report, and to 
whom.
    An individual commenter suggested that all tiers in the supply 
chain should report to a PAH any nonconforming products, articles, or 
services that have been released from or provided by that supplier and 
subsequently found not to conform to the PAH's requirements. More 
specifically, the commenter suggested that the FAA require each 
supplier, in some instances, to report a nonconformance to each level 
up the supply chain, and ultimately to the PAH and the PAH's customer. 
Another individual recommended the FAA keep the current regulation 
which requires suppliers to report quality escapes to the PAH, and 
provided no further rationale.
    The FAA disagrees with the commenters' recommendations. In the 
past, a PAH's supplier-reporting system required every manufacturing 
supplier and affected downstream suppliers to report to the PAH all 
products or articles which did not meet the PAH's approved design, even 
if those products or articles met the PAH's actual requirements. The 
FAA recognizes that this past requirement could have imposed a 
significant burden on PAHs, and this final rule is intended to maintain 
safety while also providing PAHs with the flexibility to determine 
which suppliers should report, and to whom.

B. Accountable Manager

    As the FAA proposed in the NPRM, this final rules amends Sec. Sec.  
21.135, 21.305, and 21.605 to require a PAH to provide the FAA with a 
document identifying the organization's accountable manager. The 
accountable manager is responsible for, and has authority over, all 
part 21 production activities. It is not the FAA's intent that this 
provision dictates who is responsible for PAH production operations. It 
is also not the FAA's intent that this provision imposes personal 
liability for production operations on the accountable manager. The FAA 
is simply requiring each PAH to identify for the FAA the individual or 
individuals within the PAH's organization who the PAH considers 
responsible for all production operations.
    Boeing, MARPA, and Timken Aerospace recommended that an accountable 
manager have the ability to identify and delegate functions to 
alternate points of contact. These commenters noted that the person 
responsible for accountability may be a company president or chief 
executive who cannot reasonably be available at all times. Allowing 
delegation increases the FAA's access to the PAH and provides 
redundancy in the event of personnel turnover, in accordance with the 
intent of this final rule.
    The FAA agrees with the commenters with respect to delegation, but 
determines that no change to the proposed rule language is necessary. 
To clarify, the accountable manager may delegate functions and identify 
alternate points of contact. These actions should be noted in the PAH's 
organization document. Additional guidance may be found in FAA AC 21-
43, Issuance of Production Approvals Under Subparts G, K, & O.
    Boeing and an individual commenter requested that we revise the 
rule to require two accountable managers--one for production activities 
and one for design activities. These commenters claimed that two such 
accountable managers would better reflect the various responsibilities 
of PAH personnel, including those responsible for coordinating with FAA 
manufacturing inspection district offices (MIDOs) and aircraft 
certification offices (ACOs).
    The FAA disagrees with the commenters' recommendation. The 
commenters are describing design-related activities and 
responsibilities. Because the public was not provided an opportunity to 
comment on an FAA requirement for an accountable manager for design 
activities, the FAA considers the recommendation to be outside the 
scope of this rulemaking. To clarify, the accountable manager described 
in this rule is required only to have responsibility for production 
operations, not design activities.
    Garmin International and Williams International stated that there 
is no need for an accountable manager, and recommended instead a 
requirement that the PAH identify an FAA point of contact. In addition, 
Garmin stated that a better means to improve the FAA's access would be 
to require a PAH to clearly indicate how its organization will 
communicate. Williams recommended that if the FAA has difficulty 
communicating with a particular PAH, that PAH should be required to 
clarify its own existing procedures.
    The FAA disagrees with the commenters' recommendations. An 
accountable manager is not simply a point of contact. When issuing an 
approval or performing certificate management, the FAA must know who 
from the PAH has the authority to speak for the PAH and ensure 
compliance with all applicable regulatory requirements. Requiring a PAH 
to identify such an individual, one who is knowledgeable of and 
accountable for maintaining the PAH's FAA production approval, will 
improve communication between the PAH and the FAA offices responsible 
for certificate management of their production approval. A simple point 
of contact would not create the same benefits.
    Universal Avionics Systems Corporation (UASC), Textron, and an 
individual commenter suggested identifying the accountable manager as 
the ``Quality Manager.'' Textron stated that the rule could be 
misinterpreted as describing the PAH official in charge of production 
operations, instead of the person who runs the quality system. UASC and 
the individual commenter both observed that the FAA already requires 
accountable managers for repair stations. The individual commenter 
further stated that organizational differences between a typical PAH 
and a typical repair station make identifying a general manager as an 
accountable manager less appropriate for a PAH than for a repair 
station. Finally, UASC recommended incorporating the definition of 
``directly in charge'' from part 145 (Repair Stations) into part 21, to 
better explain the role of ``accountable manager.'' UASC stated that it 
believes the Accountable Manager is intended to be a quality person 
whom may not have responsibility for and authority over production 
operations.
    The FAA disagrees with the commenters' recommendations. Although 
the FAA requires the establishment of a quality system as a 
prerequisite to obtaining a production approval, nowhere do we require 
a PAH to create an organizational position responsible solely for the 
PAH's quality system. Moreover, under this rule, the accountable 
manager must be at a sufficient level within the organization to have 
responsibility over all production operations, not just the quality 
system. For example, the accountable manager should have responsibility 
for, among other things, formally applying to add a new product or 
article to the PAH's production approval; formally requesting FAA 
approval for a change in location; amending the PAH's organization 
document and submitting that document to the FAA; ensuring support for 
design approval holders, as required by Sec.  21.137(m); and formally 
submitting

[[Page 59025]]

changes to the PAH's approved quality system.
    We also disagree with the commenters' comparisons of part 21 and 
part 145 accountable managers. A PAH's accountable manager has 
different duties and responsibilities from the accountable manager of a 
repair station. Furthermore, the ``directly in charge'' definition from 
part 145 does not apply to a PAH's accountable manager. We are not 
requiring a PAH accountable manager to be ``directly in charge'' of the 
work performed by the production organization.

C. Authorized Release Documents

    This final rule creates Sec.  21.137(o), which permits a PAH to 
issue authorized release documents for new aircraft engines, 
propellers, and articles manufactured by that PAH, and for used 
aircraft engines, propellers, and articles rebuilt or altered in 
accordance with Sec.  43.3(j), provided the PAH establishes and adheres 
to certain quality assurance procedures as part of its quality system. 
This final rule marks a slight change from what the FAA initially 
proposed: In response to comments, we explicitly restrict each PAH to 
issuing authorized release documents for products and articles 
manufactured by the PAH itself.
    Boeing recommended that the FAA consider requiring PAH personnel 
selected to issue authorized release documents to receive FAA training 
equivalent to what is currently required for designees. The FAA 
disagrees with the recommendation. Under this final rule, a PAH that 
chooses to issue authorized release documents must establish a training 
process for individuals the PAH selects to issue those documents. The 
PAH may choose to send its personnel to FAA designee training (if 
available), establish its own in-house training, or meet the 
requirement in some other manner. The rule establishes minimum 
requirements and permits the PAH to establish FAA-approved procedures 
to meet those requirements.
    ASA stated that the rule does not give a PAH authority to issue FAA 
Form 8130-3 because the term ``authorized release document'' is not 
defined. The commenter also suggested changing the definition of 
airworthiness approval to add Airworthiness approval means a document 
issued by the FAA, or a person authorized by the FAA.
    The FAA disagrees with ASA's recommendations. As stated in Sec.  
21.1(b)(1), an airworthiness approval is a document that must be issued 
by the FAA. By this final rule, however, the FAA will now permit an 
authorized PAH to issue authorized release documents, using an FAA Form 
8130-3, 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). PAHs that intend to issue these 
documents must detail the appropriate procedures in their quality 
manual. To be clear, FAA regulations and policy distinguish between a 
document issued by the FAA (an airworthiness approval) and one issued 
by the PAH (an authorized release document). In addition, the latest 
version of FAA AC 21-43, released concurrently with this final rule, 
clearly states that a PAH should use FAA Form 8130-3 when issuing an 
authorized release document.
    ASA recommended extending the privilege of issuing an authorized 
release document beyond PAHs, to include distributors accredited in 
accordance with FAA AC 00-56, Voluntary Industry Distributor 
Accreditation Program. The commenter suggested that not doing so would 
create a significant competitive disadvantage for certain American 
businesses. More specifically, the commenter argued that failing to 
allow non-manufacturing distributors to issue authorized release 
documents would put those distributors at a competitive disadvantage.
    The FAA disagrees with the recommendation. The FAA cannot extend 
this privilege to non-manufacturer distributors because they are not 
recognized PAHs and, therefore, lack FAA-approved quality systems. 
Quality systems are necessary to ensure that products and articles 
conform to their approved design and are in a condition for safe 
operation. The intent of this provision is to maintain the high level 
of safety achieved under the prior rules, while allowing FAA-approved 
PAHs to engage in a practice that is permitted by other authorities, 
such as the European Union and Canada, for their PAHs.
    One individual commenter suggested that the FAA limit a PAH's 
authority so that the PAH could only issue authorized release documents 
for new or used aircraft engines, propellers, and articles that the PAH 
itself manufactured under part 21.
    The FAA agrees with the commenter's proposal. Where a PAH was not 
involved in manufacturing a product or article, the PAH may not have 
the ability to make the appropriate conformity determination. 
Accordingly, this final rule limits a PAH's authority to issue 
authorized release documents to only those products and articles that 
particular PAH has manufactured.
    Two individual commenters stated that allowing a PAH to issue Form 
8130-3 as an authorized release document will reduce or be detrimental 
to aviation safety. One of these commenters pointed out that, prior to 
this final rule, FAA designees assigned to complete Form 8130-3 would 
occasionally turn back parts and articles due to issues discovered 
during the FAA conformity inspections. For that reason, the commenters 
claimed that eliminating designees' continued, objective inspections 
would reduce safety. Both commenters suggested keeping the current 
system.
    The FAA disagrees with the commenters' characterization of how FAA 
Form 8130-3 has been used previously, as well as their recommendations. 
With respect to products and articles produced under a production 
approval, issuance of an FAA Form 8130-3 indicates that that the 
product or article conforms to its type design and is in a condition 
for safe operation, unless otherwise specified. Even prior to this 
rulemaking, FAA Form 8130-3 did not (and does not now) indicate that a 
particular product or article has been inspected by the FAA or its 
designee.
    Additionally, allowing a PAH, as opposed to an FAA employee or 
designee, to issue FAA Form 8130-3 will not cause a decrease in safety. 
Currently, Designated Manufacturing Inspection Representatives (DMIRs) 
or Organization Designation Authorization (ODA) unit members issue the 
vast majority of FAA Form 8130-3s. These designees are employed by the 
PAH and authorized by the FAA, and the FAA requires them to possess at 
least certain minimum qualifications and training, such as those 
described in FAA Orders 8100.8, 8000.95 and 8100.15. Similarly, under 
this final rule, any PAH seeking authority to issue FAA Form 8130-3 
must first get FAA approval. As described in FAA AC 21-43, the FAA will 
not approve a PAH to issue FAA Form 8130-3 unless the PAH demonstrates 
that its authorized personnel possess the same qualifications and 
receive training equivalent to what is required by FAA Orders 8100.8, 
8000.95 and 8100.15 for FAA designees.
    Timken Aerospace suggested that allowing PAHs to issue authorized 
release documents would add complexity to the existing process and 
increase the FAA's workload. The commenter recommended instead 
developing a system to assist PAHs in obtaining additional DMIRs.
    The FAA disagrees with the recommendation. The FAA anticipates that 
permitting PAHs to issue authorized release documents will

[[Page 59026]]

reduce the workload of both the FAA and PAHs. Our intent is to 
recognize a practice permitted by other authorities by giving FAA-
approved PAHs the same flexibility available to their European and 
Canadian counterparts, who already issue authorized release documents. 
For PAHs with an approved system for issuing authorized release 
documents, the FAA will no longer authorize DMIRs or ODA unit members 
to issue airworthiness approvals.
    Textron Aviation recommended that the FAA remove the regulatory 
language in our 2014 NPRM proposing to allow the use of authorized 
release documents for work performed under Sec.  43.3(j). The commenter 
stated that this type of rebuilding work, and related use of FAA Form 
8130-3, is already performed by PAH manufacturers.
    The FAA disagrees with the recommendation. The commenter is correct 
that FAA Order 8130.21 allows certain entities to use FAA Form 8130-3 
when returning to service rebuilt or altered engines, propellers, or 
articles in accordance with Sec.  43.3(j). However, the FAA's final 
rule codifies our authorization of that practice and extends the same 
privilege to PAHs producing new aircraft engines, propellers, and 
articles.
    Textron Aviation also claimed that FAA Order 8130.21 requires 
authorized persons to document inspection activity on an FAA Form 8100-
1 when required by the managing office, and recommended revising either 
Sec.  21.137 or FAA Order 8130.21 to indicate that a PAH is not 
required to use FAA Form 8100-1 when issuing authorized release 
documents.
    The FAA disagrees with both the commenter's claim and 
recommendation. Neither our prior rules, nor this final rule, requires 
a PAH to comply with the internal guidance in FAA Order 8130.21. More 
specifically, Sec.  21.137(o) does not require any PAH to use FAA Form 
8100-1 when issuing an FAA Form 8130-3. Furthermore, FAA Order 8130.21 
does not require the use of FAA Form 8100-1, but an FAA managing office 
may determine that a conformity inspection report is necessary to 
substantiate an FAA-issued FAA Form 8130-3.
    One individual commenter stated that allowing a PAH to develop its 
own procedures for signing authorized release documents will reduce or 
eliminate the standardization that exists among designees. The 
commenter recommended that requiring PAH personnel to take FAA training 
would facilitate greater standardization.
    The FAA disagrees with the recommendation. When a PAH signs an 
authorized release document, the PAH is not signing that document on 
behalf of the FAA Administrator. The FAA requires any PAH that chooses 
to issue authorized release documents to establish minimum procedures, 
including training the employees responsible for issuing those 
documents. These procedures will be reviewed and, if acceptable, 
approved by the FAA, which will be conducive to standardization. 
Ultimately, however, the current proposal gives each PAH the 
flexibility to choose to send its personnel to FAA designee training 
(if available), establish their own in-house training, or meet the 
requirement in some other manner.

D. Definitions

    This final rule revises one definition and adds two new definitions 
to Sec.  21.1. The definition of ``airworthiness approval,'' in Sec.  
21.1(b)(1), is expanded to account for the issuance of an airworthiness 
approval in instances where an aircraft, aircraft engine, propeller, or 
article does not conform to its approved design or may not be in a 
condition for safe operation at the time the airworthiness approval is 
generated and that nonconformity or condition is specified on the 
airworthiness approval document. In response to comments, we revised 
the definition proposed in our NPRM to account for the fact that an 
airworthiness approval may in some cases be issued for products or 
articles that are not in a condition for safe operation, such as when 
those products or articles are packed for shipment.
    As proposed, Sec.  21.1(b)(5) defines an ``interface component'' as 
a functional interface between an aircraft and an aircraft engine, an 
aircraft engine and a propeller, or an aircraft and a propeller. 
Furthermore, 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. This definition is necessary 
because this final rule also promulgates Sec.  21.147(c), which permits 
a PAH to apply to the FAA to amend its production certificate to allow 
the PAH to manufacture and install interface components. No change was 
made to the definition in this final rule from the NPRM.
    Finally, as proposed, Sec.  21.1(b)(10) defines a ``supplier'' as 
any person at any tier in the supply chain who provides a product, 
article, or service that is used or consumed in the design or 
manufacture of, or installed on, a product or article. This definition 
is necessary to clarify existing FAA requirements. No change was made 
to the definition in this final rule from the NPRM.
    Timken Aerospace and one individual commenter recommended we revise 
our proposed airworthiness approval definition by moving ``unless 
otherwise specified'' to be the final clause. In other words, these 
commenters recommended changing the definition to a document which 
certifies that the aircraft, aircraft engine, propeller, or article 
conforms to its approved design and is in a condition for safe 
operation, unless otherwise specified. The commenters noted, for 
example, that an engine is not shipped from a factory in a complete and 
final condition, since it is prepped for shipping, and is therefore not 
in a condition for safe operation.
    The FAA agrees with the commenters' recommendation. There are many 
instances in which the FAA issues an airworthiness approval but, at the 
time of issuance, the product or article neither fully conforms to its 
approved design, nor is it in a condition for safe operation. For 
example, the FAA may issue an airworthiness approval for an aircraft 
that has been disassembled for shipping, for an engine that has 
preservation fluids installed prior to shipping, or for used aircraft 
engines and propellers that are not in a condition for safe operation 
(see Sec.  21.331, Issuance of export airworthiness approvals for 
aircraft engines, propellers, and articles). We therefore revise the 
definition of airworthiness approval to 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, unless otherwise specified.
    Also with respect to the airworthiness approval definition, Timken 
Aerospace recommended we use the phrase ``except for deviations noted'' 
instead of ``unless otherwise specified,'' to be more consistent with 
FAA Form 8130-9, Statement of Conformity.
    The FAA disagrees with the recommendation. The concept of 
airworthiness is generally composed of two factors: Conformity with an 
approved design and being in a condition for safe operation. In this 
context, the term ``deviation'' would indicate a variation from an 
approved design or quality system, but would not necessarily convey the 
fact that a product is not in a condition for safe operation. 
Accordingly, we determine that the phrase ``unless otherwise 
specified'' more accurately reflects the intent of our proposal.

[[Page 59027]]

    Two individual commenters expressed concern that adding ``unless 
otherwise specified'' to the definition of airworthiness approval would 
change a fundamental premise of airworthiness approvals, that a product 
or article must conform to its design. The commenters recommended that 
the definition not be changed.
    The FAA disagrees with the commenters. The issuance of an 
airworthiness approval, such as an export certificate of airworthiness, 
does not necessarily mean that a product is airworthy. FAA regulations, 
such as Sec.  21.331, allow FAA personnel and designees to issue an 
airworthiness approval for a product or article that does not conform 
to its approved design, as long as the nonconforming condition is 
stated on the approval document and, in the case of export, the 
receiving authority agrees to accept the product or article as 
described. This final rule, therefore, simply brings the definition of 
Airworthiness Approval in line with current FAA practice and with part 
21, subpart L. Contrary to the commenters' suggestion, we are not 
changing the fundamental concept of airworthiness. Under current 
practices, an airworthiness approval is a means to show that the 
product or article conforms to its approved design and is in a 
condition for safe operation, unless otherwise specified.
    One individual commenter stated that the definition of ``supplier'' 
is overbroad because it includes distributors of commercial off the 
shelf parts or parts not originally manufactured for aviation use. The 
same commenter also stated that the addition of the term ``at any 
tier'' will cause inconsistent and disparate interpretation within the 
FAA and undue burden to industry. The commenter did not provide any 
recommendations.
    The FAA recognizes that by including the term ``at any tier,'' the 
proposed definition of ``supplier'' applies to all suppliers throughout 
the supply chain. Contrary to the commenter's statement, the FAA 
believes including suppliers ``at any tier'' will reduce 
inconsistencies by confirming that the FAA definition of ``supplier'' 
applies to all suppliers, regardless of their position within the 
supply chain. Furthermore, the FAA does not believe this definition 
will unduly burden industry. To the extent that a supplier has only a 
tenuous connection to a PAH, perhaps because the supplier produces 
parts that are not specifically designed for use in aviation, it may be 
appropriate for the PAH to account for that attenuation when designing 
its supplier-reporting protocols. A PAH has always been responsible for 
assuring that its products and articles conform and are in a condition 
for safe operation. The inclusion of all suppliers within the 
regulatory definition of supplier should therefore impose no additional 
burden on either the PAH or its suppliers.
    The same individual commenter also stated that there is no guidance 
for the suppliers of off-the-shelf parts, described above, who may not 
anticipate that their parts will be used or installed on type 
certificated aircraft and approved.
    The FAA agrees with the commenter's observation that there is no 
guidance provided specifically for distributors of parts not originally 
manufactured for aviation use or installation on type certificated 
aircraft and approved under Sec.  21.8(c). The FAA provides guidance to 
PAHs, repair stations, and other FAA-regulated entities. The FAA does 
not provide guidance for entities that fall outside the scope of FAA 
regulations.

E. Interface Components

    As proposed, Sec.  21.147(c) now permits a PAH to apply to the FAA 
for an amendment to the PAH's production limitation record (PLR), 
authorizing the PAH to manufacture and install interface components. If 
granted, the FAA will amend the PAH's PLR to add the interface 
components (IC). ICs are defined in the new Sec.  21.1(b)(5). The FAA 
had previously granted exemptions to engine manufacturers, allowing 
them to manufacture and install airframe components that interface 
between the engine and the airframe, provided the engine manufacturer 
owned or licensed the ICs design and installation data.
    Boeing and General Electric supported the rule change. Boeing also 
suggested the FAA allow engine manufacturers to install and certify 
airplane manufacturers' ICs during the engine type certification 
process.
    The FAA disagrees with this recommendation as it is outside the 
scope of this rulemaking. Allowing engine manufacturers to install and 
certify airplane manufacturers' ICs during the engine TC process is a 
design issue, not a production issue. Our 2014 NPRM and this final rule 
focus on amendments to the production approval provisions in subpart G.
    Williams International recommended that our final rule distinguish 
between all potential ICs versus those that are licensed to be both 
manufactured and installed by a PAH. The commenter suggested that 
defining ICs more narrowly would enable the FAA to include fewer items 
on the PAH's PLR, and as a result would require fewer PLR updates and 
impose less of a burden on the FAA.
    The FAA agrees with the concerns raised byWilliams International, 
but we have determined that the rule as drafted adequately addresses 
these concerns. Under Sec. Sec.  21.1(b)(5) and 21.147(c), a component 
must meet certain criteria before it is considered an ``interface 
component'' eligible for the PAH's PLR. For example, Sec.  21.1(b)(5) 
requires, among other things, that an IC be designated as such by the 
TC or STC holder. The rule requires only those ICs the PAH intends to 
produce be listed on the PLR and not all possible ICs, so the PLR 
should not be an exhaustive list or a burden on the FAA.

F. Miscellaneous Issues

    HEICO requested that the FAA define authorized release documents, 
to establish who is issuing the document. The FAA disagrees with the 
recommendation. The FAA does not believe it is necessary to provide a 
definition in the text of the rule. The FAA provides additional 
guidance on authorized release documents in the revised AC 21.43, 
Appendix B, which is applicable to any PAH.
    One individual commenter stated that the title of the NPRM did not 
reflect recent changes from parts to articles in our 2009 final rule, 
Production and Airworthiness Approvals, Part Marking, and Miscellaneous 
Amendments, 74 FR 53384 (Oct. 16, 2009). The commenter recommended 
changing the title of part 21 to ``Certification Procedures for 
Products, Articles, and Parts.'' The FAA partially agrees with the 
recommendation and this final rule changes the title of part 21 to 
``Certification Procedures for Products and Articles.''
    HEICO requested that we revise FAA Form 8130-3 attached as Appendix 
A, Figure A-1 to FAA Order 8130.21 to explicitly indicate who, 
including a PAH, is allowed to issue the document. The FAA disagrees 
with HEICO's recommendation to revise the form. Instead, we have 
revised FAA Order 8130.21 and ACs 21-43 and 21-44 to reflect the rule 
change allowing a properly authorized PAH to issue an authorized 
release document. In the ACs we also provide guidance to on how to 
complete FAA Form 8130-3.
    Textron Aviation recommended that the FAA remove the requirement 
for the issuance of export airworthiness approvals for articles, 
believing that this change would better align FAA regulations with 
those of foreign authorities. The recommendation is outside the scope 
of this rulemaking. The FAA notes that the requirements for

[[Page 59028]]

the issuance of export airworthiness approvals for articles are 
contained in subpart L. Although the FAA proposed allowing PAHs to 
issue authorized release documents in Sec.  21.137, the proposal did 
not change the conditions specified in subpart L.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Orders 12866 and 13563 direct that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), 
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (Pub. L. 96-39), as amended by the Uruguay Round 
Agreements Act (Pub. L. 103-465), 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), as codified in 2 U.S.C. 1532, 
requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the costs and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows.
    As summarized in the table below, the provisions of this final rule 
(1) are minimal cost, (2) will impose no additional costs because the 
provisions will clarify only, or are current practice, or (3) are 
voluntary and therefore inherently cost-beneficial. Our determination 
has not changed from that made in the NPRM regulatory evaluation. The 
FAA received no comments to the docket on the NPRM regulatory 
evaluation. More detailed explanations follow the table.

------------------------------------------------------------------------
              Provision                          Costs/Benefits
------------------------------------------------------------------------
Require Identification of Accountable  Minimal cost--Requires
 Manager                                identification of an existing
                                        manager, who is responsible for
                                        and has authority over a
                                        Production Approval Holder
                                        (PAH)'s operations, as a PAH's
                                        primary contact with the FAA.
Allow PC Holders to Manufacture and    Codifying the practice,
 Install Interface Components.          previously allowed by exemption,
                                        will reduce regulatory
                                        compliance costs.
Modify Supplier Control Requirements.  No additional cost--Clarifies
                                        existing requirement 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         Voluntary, so expected benefits
 Release Documents for Aircraft         will exceed expected costs.
 Engines, 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,
                                        previously allowed by exemption,
                                        will reduce regulatory
                                        compliance costs.
------------------------------------------------------------------------

 1. Require Identification of an Accountable Manager
    Under this provision, the FAA will require each applicant for, or 
holder of, a Production Certificate (PC), Parts Manufacturer Approval 
(PMA), or Technical Standard Order (TSO) authorization to identify an 
accountable manager, who is responsible for, and has authority over, a 
PAH's operations, as a PAH's primary contact with the FAA. This 
provision is not intended to require the PAH to create a new position 
within its organization and will 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 previously could not install interface components (ICs) 
on their type-certificated products without an exemption. Previous 
regulations governing the production limitation record and the 
amendment of PCs restricted the PC holder to the manufacture of 
products only (aircraft, aircraft engines, or propellers) and did not 
authorize installation.\3\ 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.\4\ This provision will codify the practice, 
previously allowed by exemption, of allowing PC holders to manufacture 
and install ICs, and will apply to any articles designated by the TC 
holder that interface between products. Therefore, this provision 
applies to the interface between propeller and aircraft engine and 
between propeller and aircraft, as well as between aircraft engine and 
aircraft.
---------------------------------------------------------------------------

    \3\ Before 2010, Sec. Sec.  21.142 (production limitation 
record) and 21.147 (amendment of production certificates) were 
codified at Sec. Sec.  21.151 and 21.153, respectively.
    \4\ 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.
---------------------------------------------------------------------------

    Codifying the previous practice of allowing PC holders to 
manufacture and install ICs implies no change in safety

[[Page 59029]]

benefits. Codifying the practice, however, will reduce regulatory costs 
since paperwork requirements involved in periodic application for and 
granting of exemptions will be eliminated.
3. Modification of Supply Control
    With this provision, 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 was no definition of supplier in the 
previous regulations, the final rule defines 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 final rule changes the language to Sec.  21.137(c) as shown in 
the following table:

------------------------------------------------------------------------
         Previous rule language                Final rule language
------------------------------------------------------------------------
Supply Control--Procedures that (1)      Supply Control--Procedures that
 Ensure that each supplier-furnished      (1) Ensure that each supplier-
 product or article conforms to its       provided product, article, or
 approved design; and                     service conforms to the
                                          product 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 services
 from that supplier and subsequently      that have been released from
 found not to conform to the applicable   the supplier and subsequently
 design data.                             found not to conform to the
                                          production approval holder's
                                          requirements.
------------------------------------------------------------------------

    As provision (1) clarifies the FAA's intent and current practice 
and provision (2) gives PAHs greater flexibility, there will be no 
additional cost resulting from these provisions.
4. Allow Production Approval Holders To Issue Authorized Release 
Documents for Aircraft Engines, Propellers, and Articles
    Previously, only the FAA was allowed to document that an aircraft 
engine, propeller, or article conforms to its approved design and is in 
condition for safe operation. The FAA provides documentation with an 
airworthiness approval, using FAA Form 8130-3, ``Authorized Release 
Certificate, Airworthiness Approval Tag.'' This provision allows, but 
does not require, qualified PAHs to issue authorized release documents, 
using FAA Form 8130-3, for aircraft engines, propellers, and articles 
for which the PAH has a production approval. We refer to the issuance 
of Form 8130-3 by a PAH as an ``authorized release document'' because, 
as defined by 14 CFR 21.1(b)(1), only the FAA is allowed to issue an 
airworthiness approval. PAHs choosing not to issue these authorized 
release documents may continue to obtain approvals from the FAA.
    Although such airworthiness documentation is required only when 
requested by a foreign civil aviation authority, it has become 
increasingly valued in the aviation industry. Several U.S. 
manufacturers have requested the privilege to issue such documentation, 
which is already enjoyed by their European and Canadian counterparts. 
As it is voluntary, this provision is inherently cost beneficial.\5\
---------------------------------------------------------------------------

    \5\ For aircraft, an export airworthiness approval will continue 
to be issued only by the FAA, using Form 8130-4, ``Export 
Certificate of Airworthiness.''
---------------------------------------------------------------------------

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 markers 
will achieve an equivalent level of safety to the rule. The FAA 
maintains that finding in this final rule and, in any case, codifying 
the practice, previously allowed by exemption, implies no change in 
safety benefits.\6\ Codifying the practice, however, will reduce 
regulatory costs since the costs of paperwork requirements involved in 
periodic application for and granting of the exemptions will be 
eliminated.
---------------------------------------------------------------------------

    \6\ Variable-pitch wooden propellers do not require exception 
from the fireproof marking requirement since they have metal hubs.
---------------------------------------------------------------------------

    The FAA made this minimal cost determination for the proposed rule. 
As no comments were received, the FAA concludes the expected cost is 
minimal.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration. The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a 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 final 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. We received no comments 
regarding our determination that there was no significant impact on a 
substantial number of small entities in the NPRM.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the

[[Page 59030]]

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 the rule's provision allowing PAHs to issue authorized 
release documents for purposes of export would be in accordance 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 (Public Law 
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 $155 million in lieu of $100 
million. This final 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 is no new requirement for information collection associated with 
this final 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 
reviewed the corresponding ICAO Standards and Recommended Practices and 
identified no differences with these regulations.
    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA analyzed 
this action under the policies and agency responsibilities of Executive 
Order 13609, and determined that this action has no significant effect 
on international regulatory cooperation. To the extent that this final 
rule may conflict with the implementing protocols of any FAA bilateral 
aviation safety agreements, the FAA will amend those protocols in 
coordination with our international partners.

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 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 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.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet by--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and 
recordkeeping requirements.

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

The Amendment

    In consideration of the foregoing, and under the authority of 49 
U.S.C. 106(f) and 44701(a)(5), the Federal Aviation Administration 
proposes to amend

[[Page 59031]]

chapter I of title 14, Code of Federal Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES

0
1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.


0
2. The heading for part 21 is revised to read as set forth above.

0
3. Amend Sec.  21.1 by revising paragraph (b)(1), redesignating 
paragraphs (b)(5) through (b)(8) as (b)(6) through (b)(9), and adding 
new paragraphs (b)(5) and (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 and is in a condition for safe operation, unless 
otherwise specified;
* * * * *
    (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 at any tier in the supply chain who 
provides a product, article, or service that is used or consumed in the 
design or manufacture of, or installed on, a product or article.

0
4. 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--
    (1) Describing how its organization will ensure compliance with the 
provisions of this subpart;
    (2) Describing assigned responsibilities, delegated authorities, 
and the functional relationship of those responsible for quality to 
management and other organizational components; and
    (3) Identifying an accountable manager.
    (b) The accountable manager specified in paragraph (a) of this 
section must be responsible within the applicant's or production 
approval holder's organization for, and have authority over, all 
production operations conducted under this part. The accountable 
manager must confirm that the procedures described in the quality 
manual required by Sec.  21.138 are in place and that the production 
approval holder satisfies the requirements of the applicable 
regulations of subchapter C, Aircraft. The accountable manager must 
serve as the primary contact with the FAA.

0
5. 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 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. Authorized release documents may be issued for new 
aircraft engines, propellers, and articles manufactured by the 
production approval holder; and for used aircraft engines, propellers, 
and articles when rebuilt, or altered, in accordance with Sec.  43.3(j) 
of this chapter. When a production approval holder issues an authorized 
release document 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.

0
6. 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 under this part.

0
7. Revise Sec.  21.147 to read as follows:


Sec.  21.147  Amendment of production certificates.

    (a) A holder of a production certificate must apply for an 
amendment to a production certificate in a form and manner prescribed 
by the FAA.
    (b) An applicant for an amendment to a production certificate to 
add a type certificate or model, or both, must comply with Sec. Sec.  
21.137, 21.138, and 21.150.
    (c) An applicant may apply to amend its production limitation 
record to allow the manufacture and installation of an interface 
component, provided--
    (1) The applicant owns or has a license to use the design and 
installation data for the interface component and makes that data 
available to the FAA upon request;
    (2) The applicant manufactures the interface component;
    (3) The applicant's product conforms to its approved type design 
and the interface component conforms to its approved type design;
    (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.

0
8. 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--
    (1) Describing how its organization will ensure compliance with the 
provisions of this subpart;
    (2) Describing assigned responsibilities, delegated authorities, 
and the functional relationship of those responsible for quality to 
management and other organizational components; and
    (3) Identifying an accountable manager.
    (b) The accountable manager specified in paragraph (a) of this 
section must be responsible within the applicant's or production 
approval holder's organization for, and have authority over, all 
production operations conducted under this part. The accountable 
manager must confirm that the procedures described in the quality 
manual required by Sec.  21.308 are in place and that the production 
approval holder

[[Page 59032]]

satisfies the requirements of the applicable regulations of subchapter 
C, Aircraft. The accountable manager must serve as the primary contact 
with the FAA.
0
9. 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--
    (1) Describing how its organization will ensure compliance with the 
provisions of this subpart;
    (2) Describing assigned responsibilities, delegated authorities, 
and the functional relationship of those responsible for quality to 
management and other organizational components; and
    (3) Identifying an accountable manager.
    (b) The accountable manager specified in paragraph (a) of this 
section must be responsible within the applicant's or production 
approval holder's organization for, and have authority over, all 
production operations conducted under this part. The accountable 
manager must confirm that the procedures described in the quality 
manual required by Sec.  21.608 are in place and that the production 
approval holder satisfies the requirements of the applicable 
regulations of subchapter C, Aircraft. The accountable manager must 
serve as the primary contact with the FAA.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
10. 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.

0
11. Revise Sec.  45.11(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 September 25, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-24950 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-13-P



                                                                                                                                                                                                      59021

                                              Rules and Regulations                                                                                         Federal Register
                                                                                                                                                            Vol. 80, No. 190

                                                                                                                                                            Thursday, October 1, 2015



                                              This section of the FEDERAL REGISTER                    DATES:   Effective March 29, 2016.                    I. Executive Summary
                                              contains regulatory documents having general
                                              applicability and legal effect, most of which           ADDRESSES:    For information on where to             A. Purpose of the Regulatory Action
                                              are keyed to and codified in the Code of                obtain copies of rulemaking documents                    This final rule changes certification
                                              Federal Regulations, which is published under           and other information related to this                 and marking requirements for products
                                              50 titles pursuant to 44 U.S.C. 1510.                   final rule, see How To Obtain                         and articles. In particular, this final rule:
                                                                                                      Additional Information in the                            • Requires applicants for a
                                              The Code of Federal Regulations is sold by              SUPPLEMENTARY INFORMATION section of
                                              the Superintendent of Documents. Prices of                                                                    production approval and production
                                                                                                      this document.                                        approval holders (PAHs) to identify an
                                              new books are listed in the first FEDERAL
                                              REGISTER issue of each week.                            FOR FURTHER INFORMATION CONTACT:     For              accountable manager;
                                                                                                      technical questions concerning this                      • Allows a production certificate (PC)
                                                                                                      action, contact Priscilla Steward or                  holder to manufacture and install
                                              DEPARTMENT OF TRANSPORTATION                            Robert Cook, Aircraft Certification                   interface components (IC) under certain
                                                                                                      Service, Production Certification                     conditions and limitations;
                                              Federal Aviation Administration                         Section, AIR–112, Federal Aviation                       • Clarifies that a PAH must ensure
                                                                                                      Administration, 800 Independence                      that each supplier-provided product,
                                              14 CFR Parts 21 and 45                                  Avenue SW., Washington, DC 20591;                     article, or service conforms to the PAH’s
                                                                                                      telephone (202) 267–1656; email:                      requirements;
                                              [Docket No.: FAA–2013–0933; Amdt. Nos.                                                                           • Requires a PAH to establish a
                                              21–98, 45–29]                                           priscilla.steward@faa.gov or telephone:
                                                                                                      (202) 267–1590; email: robert.cook@                   supplier-reporting process for products,
                                              RIN 2120–AK20                                           faa.gov.                                              articles, or services released from or
                                                                                                                                                            provided by a supplier and
                                              Changes to Production Certificates                         For legal questions concerning this                subsequently found not to conform to
                                              and Approvals                                           action, contact Benjamin Jacobs, Office               the PAH’s requirements;
                                                                                                      of the Chief Counsel, Regulations                        • Allows a PAH that establishes an
                                              AGENCY:  Federal Aviation                               Division, Federal Aviation                            FAA-approved process in its quality
                                              Administration (FAA), DOT.                              Administration, 800 Independence                      system to issue authorized release
                                              ACTION: Final rule.                                     Avenue SW., Washington, DC 20591;                     documents (using FAA Form 8130–3)
                                                                                                      telephone: (202) 267–7240; email:                     for new and used aircraft engines,
                                              SUMMARY:    The FAA is amending                         benjamin.jacobs@faa.gov.                              propellers, and articles produced by that
                                              certification procedures and marking
                                                                                                      SUPPLEMENTARY INFORMATION:                            PAH; and
                                              requirements for aeronautical products                                                                           • Excludes fixed-pitch wooden
                                              and articles. The amendment requires                    Authority for This Rulemaking                         propellers from the requirement that a
                                              production approval holders to identify                                                                       propeller, propeller blade, or propeller
                                              an accountable manager who is                              The Department of Transportation
                                                                                                      (DOT) is responsible for developing                   hub be marked using an approved
                                              responsible for, and has authority over,                                                                      fireproof method.
                                              their production operations and serves                  transportation policies and programs
                                                                                                      that contribute to providing fast, safe,                 Regulations pertaining to certification
                                              as the primary contact with the FAA;                                                                          requirements for products and articles
                                              allows production approval holders to                   efficient, and convenient transportation
                                                                                                      under § 101 of Title 49, United States                are in part 21 of Title 14 of Code of
                                              issue authorized release documents for                                                                        Federal Regulations (14 CFR). Marking
                                              aircraft engines, propellers, and articles;             Code (49 U.S.C.). The Federal Aviation
                                                                                                      Administration (FAA, we, us, or our) is               requirements are in 14 CFR part 45.
                                              permits production certificate holders to                                                                        This final rule requires applicants for
                                              manufacture and install interface                       an agency of DOT. The FAA has general
                                                                                                      authority to issue rules regarding                    a production approval and production
                                              components; requires production                                                                               approval holders (PAHs) to identify an
                                              approval holders to ensure that each                    aviation safety, including minimum
                                                                                                      standards for articles and for the design,            accountable manager who is responsible
                                              supplier-provided product, article, or                                                                        for, and has authority over, a PAH’s
                                              service conforms to the production                      material, construction, quality of work,
                                                                                                      and performance of aircraft, aircraft                 operations. This individual would also
                                              approval holder’s requirements and                                                                            serve as a PAH’s primary contact with
                                              establish a supplier-reporting process                  engines, and propellers under 49 U.S.C.
                                                                                                      106(g), 44104, and 44701.                             the FAA. Additionally, this amendment
                                              for products, articles, or services that                                                                      requires PAHs to amend, where
                                              have been released from or provided by                     The FAA is amending its regulations                applicable, the documents required by
                                              the supplier and subsequently found not                 governing certification procedures for                §§ 21.135, 21.305, and 21.605 to reflect
                                              to conform to the production approval                   products and articles, and its                        the appointment of an accountable
                                              holder’s requirements; removes the                      requirements for identification and                   manager.
                                              requirement that fixed-pitch wooden                     registration marking. These changes                      This final rule allows a production
                                              propellers be marked using an approved                  improve the quality standards                         certificate 1 (PC) holder to manufacture
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                                              fireproof method; and changes the title                 applicable to manufacturers and help to
                                              of part 21 of title 14 of the Code of                   ensure that products and articles are                    1 Section 21.1(b)(6) defines production approval

                                              Federal Regulations. This amendment                     produced as designed and safe to                      as a document issued by the FAA to a person that
                                              updates FAA regulations to reflect the                  operate. For those reasons, these                     allows the production of a product or article in
                                                                                                                                                            accordance with its approved design and approved
                                              current global aeronautical                             amendments are a reasonable and                       quality system, and can take the form of a
                                              manufacturing environment, thereby                      necessary exercise of our rulemaking                  production certificate, a PMA, or a TSO
                                              promoting aviation safety.                              authority and obligations.                            authorization.



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                                              59022            Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              and install interface components (IC)                   1964, it has been amended numerous                    A. Supplier Control
                                              under certain conditions and                            times. Additionally, the origins of many
                                              limitations. This final rule defines an IC              part 21 regulations can be traced to the                 This final rule makes two
                                              as an article that serves as a functional               Civil Air Regulations codified in 1937.               amendments to § 21.137(c)(1) & (2).
                                              interface between an aircraft and an                       When part 21 was first codified, most              First, as proposed, § 21.137(c)(1), which
                                              aircraft engine, between an aircraft                    manufacturers of aviation products and                previously required a PAH to develop
                                              engine and a propeller, or between an                   articles had a small, local supplier base.            procedures to ensure that a supplier-
                                              aircraft and a propeller. Under this rule,              Production certificate holders oversaw                provided product or article conforms to
                                              an IC is designated as such by the type                 the manufacture of replacement parts,                 its approved design, now also requires
                                              certificate (TC) or the supplemental type               and the international market for aviation             those procedures to account for
                                              certificate (STC) holder who controls                   products was relatively small. As a                   supplier-provided services. Second, as
                                              the approved design data for that article.              result, for many years the U.S. had few               proposed, the standard for supplier
                                                 This final rule clarifies that a PAH                 bilateral agreements with other                       control is revised in both § 21.137(c)(1)
                                              must ensure that each supplier-provided                 countries for the export and import of                & (2) to require suppliers to furnish
                                              product, article, or service conforms to                aviation products, and these agreements               products, articles, or services that
                                              the PAH’s requirements. This final rule                 were limited in scope.                                conform to the PAH’s requirements.
                                              also requires a PAH to establish a                         Today, aviation products are                       Prior to this final rule, supplier-
                                              supplier-reporting process for products,                manufactured world-wide. The number                   provided goods and services had to
                                              articles, or services released from or                  of suppliers has increased dramatically,              conform to FAA-approved design data.
                                              provided by a supplier and                              and these suppliers manufacture an                       HEICO recommended amending the
                                              subsequently found not to conform to                    increasing percentage of a given product              proposed § 21.137(c)(1) to include
                                              the PAH’s requirements. A PAH’s                         or article. Furthermore, due to the global            services provided to a design approval
                                              reporting system may require suppliers                  nature of manufacturing, forming                      holder. The commenter noted that many
                                              to report nonconformances to the PAH                    business partnerships and agreements                  design approval holders outsource
                                              directly, or to other suppliers in the                  across large geographic areas is now a                portions of the overall design process
                                              supply chain.                                           common strategy to lower costs, share                 and these ‘services’ must also be
                                                 This final rule allows a PAH that                    risks, and expand markets.                            properly controlled. The commenter’s
                                              establishes an FAA-approved process in                  Manufacturers collaborate globally to                 recommendation is outside the scope of
                                              its quality system to issue authorized                  reduce duplicate requirements for                     this rulemaking, which focuses on
                                              release documents (using FAA Form                       shared suppliers. Accordingly, the                    production approvals and PAH
                                              8130–3) for new and used aircraft                       international market for aviation                     activities, and not on design approval
                                              engines, propellers, and articles                       products and the production of                        certification activities. PAHs are not
                                              produced by that PAH. This provision                    replacement parts under parts                         responsible, under § 21.137, for design
                                              allows PAHs privileges similar to those                 manufacturer approvals (PMAs) have                    approval holder activities.
                                              afforded European- and Canadian-                        increased dramatically.
                                                                                                         In recognition of these and other                     ASA and MARPA recommended that,
                                              approved manufacturers.                                                                                       in addition to requiring a PAH to
                                                 This final rule amends part 45 to                    related considerations, the FAA
                                                                                                      published an NPRM, Changes to                         require suppliers to provide products,
                                              exclude fixed-pitch wooden propellers
                                                                                                      Production Certificates and Approvals,                articles, or services to meet the PAH
                                              from the requirement that a propeller,
                                                                                                      on February 27, 2014, 79 FR 11012. The                requirements, the FAA should also
                                              propeller blade, or propeller hub be
                                                                                                      NPRM proposed numerous rule changes                   continue to allow a PAH to accept
                                              marked using an approved fireproof
                                                                                                      to part 21, primarily to subparts A                   products, articles, or services that
                                              method. This exclusion allows
                                                                                                      (General) and G (Production                           conform to the PAH’s approved design.
                                              manufacturers to mark their products in
                                                                                                      Certificates). For greater detail on the              The commenters’ rationale was that this
                                              a practical manner that takes account of
                                                                                                      FAA’s initial proposal, including                     final rule creates two separate rules with
                                              the inherent nature of wooden
                                                                                                      additional background information and                 respect to conformity of products and
                                              propellers.
                                                 This final rule amends the title of part             a more complete statement of the                      articles; one standard for when a
                                              21 to include articles. The title is now                problem, refer to the NPRM.                           company is acting as a supplier, and
                                              ‘‘Certification Procedures for Products                                                                       another standard when it is acting as a
                                                                                                      III. Discussion of Public Comments and                distributor. The commenters claimed
                                              and Articles.’’                                         Final Rule                                            that an entity functioning as a supplier
                                              B. Summary of Costs and Benefits                           In response to the FAA’s NPRM, we                  to a PAH would be required to ensure
                                                The provisions of this final rule (1)                 received comments from 19                             that the product or article conformed to
                                              are minimal cost, (2) impose no                         commenters, raising 32 issues.                        the PAH’s requirements. However, if
                                              additional costs because the provisions                 Commenters included aviation                          that same entity, operating as a
                                              clarify only, or are current practice, or               manufacturers and equipment                           distributor, were to sell their products
                                              (3) are voluntary and therefore                         manufacturers, such as Boeing, Garmin,                in the aftermarket as replacement parts,
                                              inherently cost-beneficial. Our analysis                General Electric, HEICO, Textron,                     for instance to a repair station or an air
                                              described in the notice of proposed                     Timken, and Williams International;                   carrier, they would still be required to
                                              rulemaking (NPRM) regulatory                            industry groups and associations, such                ensure that the product or article
                                              evaluation has not changed. The FAA                     as Aerospace Industry Association                     conforms to its approved design. Both
                                              received no comments to the docket on                   (AIA), Aviation Suppliers Association                 commenters suggested that this
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                                              the NPRM regulatory evaluation.                         (ASA), and Modification and                           situation could result in confusion and
                                                                                                      Replacement Parts Association                         unintended harm to suppliers, and
                                              II. Background                                          (MARPA); and numerous individuals.                    recommended revising proposed
                                                 Part 21 of 14 CFR contains the FAA’s                 The comments covered five main topics                 § 21.137(c)(1) to allow products, articles,
                                              regulations concerning certification                    and a range of various responses to the               or services to conform to either the
                                              procedures for products, articles, and                  rulemaking proposal, which are                        PAH’s requirements or the approved
                                              parts. Since the FAA codified part 21 in                discussed in more detail below.                       design.


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                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations                                              59023

                                                 The FAA disagrees with the                           approved design. The commenters again                 supply chain, instead of its traditional
                                              recommendation. With respect to the                     recommended that the final rule allow                 meaning of nonconforming products or
                                              commenters’ claim that this final rule                  suppliers to provide products or articles             articles that leave a PAH’s quality
                                              creates two separate rules for suppliers                that conform to either the PAH’s                      system. We acknowledge that our
                                              and distributors in the aftermarket, we                 requirements or the approved design.                  preamble discussion in the NPRM used
                                              presume that the commenters used the                       The FAA disagrees with the                         the term in a confusing manner.
                                              term ‘‘aftermarket distributor’’ to mean                recommendation. This final rule                       However, we determine that no change
                                              that the distributor is acting as a                     replaces the existing requirement that a              to the terms of § 21.137, as originally
                                              supplier to an entity other than a PAH.                 supplier-provided product, article, or                proposed, are necessary. The reporting
                                              Regardless, this provision does not                     service conform to the PAH’s approved                 requirements of § 21.137(c) apply when
                                              create two separate standards. All                      design with a requirement that it                     a supplier to a PAH determines that it
                                              suppliers to any purchaser continue to                  conform to the PAH’s requirements. The                has released or provided a product,
                                              be bound by contract to the terms of any                purpose of this amendment is to tailor                article, or service subsequently found
                                              relevant purchase order. In the case of                 the regulation to its original intent. For            not to conform to the PAH’s
                                              suppliers to a PAH, the final rule                      example, a PAH may issue a purchase                   requirements, and do not include the
                                              removes the requirement to report                       order for sheet metal parts, and state on             phrase ‘‘quality escape.’’
                                              deliveries that conform to the purchase                 the purchase order that the rivet holes                  Boeing recommended that the FAA
                                              order but do not conform to the PAH’s                   are to be drilled to less than the finished           require PAHs to communicate design
                                              final approved design. Aftermarket                      dimensions of the approved design. The                change notifications throughout the
                                              distributors who are not suppliers, on                  PAH may request pilot drilling by the                 supply chain, and adopt the industry’s
                                              the other hand, are outside of the scope                supplier because the PAH will itself                  SAE 2 AS9016 standard for
                                              of part 21. The FAA does not regulate                   drill the holes to the finished size upon             standardization of design change
                                              aftermarket distributers under these                    assembly. If the supplier provides the                notifications, because it believes this
                                              regulations.                                            items with the holes drilled to the                   will address the single most common
                                                 The commenters also suggested that,                  finished dimension, the sheet metal                   reason for quality escapes from the
                                              under this final rule, a supplier                       parts would not conform to the PAH’s                  supply chain.
                                              providing the same part with different                  requirements. The supplier would be                      The FAA disagrees with the
                                              specifications to both a PAH and an                     supplying nonconforming material even                 recommendation to regulate PAHs’ use
                                              aftermarket customer, such as a                         though it would conform to the                        of SAE AS9016 because we believe this
                                              maintenance provider, could be at risk                  approved design. Under this final rule,               subject is adequately addressed by our
                                              of inadvertently sending design-                        therefore, a supplier may not deviate                 current regulation, § 21.137(a), design
                                              conforming parts (intended for the                      from the requirements of the PAH. It is               data control, which requires that only
                                              aftermarket customer) to a PAH, instead                 the PAH, and only the PAH, that knows                 current, correct, and approved data is
                                              of parts that met the PAH’s unique                      what is needed, and in what condition,                used. In addition, we do not believe that
                                              specifications. The commenters                          for the production process.                           we should mandate, by rule, the use of
                                              suggested that the supplier in that                        An individual commenter stated that                an industry standard over which we
                                              situation should not be punished for                    the NPRM changes the definition of                    have no control. This final rule requires
                                              providing an article that conforms to its               ‘‘quality escape,’’ as the phrase is used             a PAH to ensure that any product,
                                              approved design.                                        in § 21.137(n), from nonconforming                    article, or service it receives conforms to
                                                 The FAA disagrees with the comment                   products or articles which escaped a                  its requirements. If a PAH chooses, it
                                              that this change will punish any                        PAH’s quality system to products or                   may, as part of a purchase order, require
                                              supplier who provides nonconforming                     articles which do not conform to their                its supply-chain to adhere to the
                                              products, articles, or services. This                   approved design but are contained                     AS9016 standard.
                                              provision is not intended as a means to                 within the quality system. The                           Williams International stated that it is
                                              punish suppliers. The FAA does not                      commenter recommended that we                         unnecessary to require a PAH to report
                                              directly regulate suppliers; instead, this              distinguish between nonconforming                     supplier nonconformances that remain
                                              final rule requires that a PAH’s quality                products or articles still within the                 contained within the PAH quality
                                              system include a supplier-reporting                     PAH’s quality system, and                             system. Williams International further
                                              system. Under this final rule, a PAH                    nonconforming products or articles that               stated that the proposed requirement for
                                              must establish procedures for supplier                  escape a PAH’s quality control system.                reporting of released nonconformances
                                              reporting of supplier-provided products,                   Section 21.137(n), which is not                    is already required by a PAH. FAA
                                              articles, or services that deviate from the             revised by this rule, addresses quality               Advisory Circular (AC) 00–58,
                                              requirements of the PAH’s purchase                      escapes by requiring a PAH to have                    Voluntary Disclosure Reporting
                                              order. This gives a PAH flexibility to                  procedures for, among other things,                   Program, further provides a means for a
                                              determine the appropriate level of                      identifying and taking corrective action              voluntary disclosure of such releases.
                                              reporting because it is the PAH and only                whenever a PAH releases a                                Although the commenter did not
                                              the PAH who knows what is needed,                       nonconforming product or article from                 provide a recommendation, the FAA
                                              and in what condition, for the                          its quality system. In our NPRM, we                   disagrees with the commenter’s
                                              production process. To clarify, this final              stated that this proposal would require               premise. Before this final rule, a PAH’s
                                              rule does not require a PAH to report to                a PAH to establish a supplier reporting               supplier-reporting process required each
                                              the FAA those supplier                                  process for products, articles, or services           supplier, at any tier, to report to the
                                              nonconformances that remain within                      that have been released from a supplier               PAH any product, article, or service that
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                                              the PAH’s quality system.                               and subsequently found not to conform                 did not conform to the PAH’s FAA-
                                                 Relatedly, ASA and MARPA stated                      (hereafter referred to as a quality escape)           approved design. The FAA recognizes
                                              that the proposed rule could indirectly                 to the PAH’s requirements. We believe                 that this requirement had the potential
                                              require a supplier to report                            the commenter’s confusion derives from                to impose significant burdens on a PAH
                                              nonconformance higher up the supply                     our use of the term ‘‘quality escape’’ to
                                              chain, even when the supplier provided                  describe the transfer of nonconforming                  2 Formerly known as the Society of Automotive

                                              a product or article that conformed to its              items or services between tiers in the                Engineers.



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                                              59024            Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              and that, in many cases (such as                        alternate points of contact. These                    management, the FAA must know who
                                              suppliers of standard parts), a supplier                commenters noted that the person                      from the PAH has the authority to speak
                                              may not have known the ultimate                         responsible for accountability may be a               for the PAH and ensure compliance
                                              customer. This final rule amends                        company president or chief executive                  with all applicable regulatory
                                              § 21.137(c) to provide every PAH greater                who cannot reasonably be available at                 requirements. Requiring a PAH to
                                              flexibility to determine which                          all times. Allowing delegation increases              identify such an individual, one who is
                                              nonconformances its suppliers should                    the FAA’s access to the PAH and                       knowledgeable of and accountable for
                                              report, and to whom.                                    provides redundancy in the event of                   maintaining the PAH’s FAA production
                                                 An individual commenter suggested                    personnel turnover, in accordance with                approval, will improve communication
                                              that all tiers in the supply chain should               the intent of this final rule.                        between the PAH and the FAA offices
                                              report to a PAH any nonconforming                          The FAA agrees with the commenters                 responsible for certificate management
                                              products, articles, or services that have               with respect to delegation, but                       of their production approval. A simple
                                              been released from or provided by that                  determines that no change to the                      point of contact would not create the
                                              supplier and subsequently found not to                  proposed rule language is necessary. To               same benefits.
                                              conform to the PAH’s requirements.                      clarify, the accountable manager may                     Universal Avionics Systems
                                              More specifically, the commenter                        delegate functions and identify alternate             Corporation (UASC), Textron, and an
                                              suggested that the FAA require each                     points of contact. These actions should               individual commenter suggested
                                              supplier, in some instances, to report a                be noted in the PAH’s organization                    identifying the accountable manager as
                                              nonconformance to each level up the                     document. Additional guidance may be                  the ‘‘Quality Manager.’’ Textron stated
                                              supply chain, and ultimately to the PAH                 found in FAA AC 21–43, Issuance of                    that the rule could be misinterpreted as
                                              and the PAH’s customer. Another                         Production Approvals Under Subparts                   describing the PAH official in charge of
                                              individual recommended the FAA keep                     G, K, & O.                                            production operations, instead of the
                                              the current regulation which requires                      Boeing and an individual commenter
                                                                                                                                                            person who runs the quality system.
                                              suppliers to report quality escapes to the              requested that we revise the rule to
                                                                                                                                                            UASC and the individual commenter
                                              PAH, and provided no further rationale.                 require two accountable managers—one
                                                                                                                                                            both observed that the FAA already
                                                 The FAA disagrees with the                           for production activities and one for
                                                                                                                                                            requires accountable managers for repair
                                              commenters’ recommendations. In the                     design activities. These commenters
                                                                                                                                                            stations. The individual commenter
                                              past, a PAH’s supplier-reporting system                 claimed that two such accountable
                                                                                                                                                            further stated that organizational
                                              required every manufacturing supplier                   managers would better reflect the
                                                                                                                                                            differences between a typical PAH and
                                              and affected downstream suppliers to                    various responsibilities of PAH
                                                                                                                                                            a typical repair station make identifying
                                              report to the PAH all products or                       personnel, including those responsible
                                                                                                                                                            a general manager as an accountable
                                              articles which did not meet the PAH’s                   for coordinating with FAA
                                              approved design, even if those products                 manufacturing inspection district offices             manager less appropriate for a PAH than
                                              or articles met the PAH’s actual                        (MIDOs) and aircraft certification offices            for a repair station. Finally, UASC
                                              requirements. The FAA recognizes that                   (ACOs).                                               recommended incorporating the
                                              this past requirement could have                           The FAA disagrees with the                         definition of ‘‘directly in charge’’ from
                                              imposed a significant burden on PAHs,                   commenters’ recommendation. The                       part 145 (Repair Stations) into part 21,
                                              and this final rule is intended to                      commenters are describing design-                     to better explain the role of
                                              maintain safety while also providing                    related activities and responsibilities.              ‘‘accountable manager.’’ UASC stated
                                              PAHs with the flexibility to determine                  Because the public was not provided an                that it believes the Accountable
                                              which suppliers should report, and to                   opportunity to comment on an FAA                      Manager is intended to be a quality
                                              whom.                                                   requirement for an accountable manager                person whom may not have
                                                                                                      for design activities, the FAA considers              responsibility for and authority over
                                              B. Accountable Manager                                  the recommendation to be outside the                  production operations.
                                                As the FAA proposed in the NPRM,                      scope of this rulemaking. To clarify, the                The FAA disagrees with the
                                              this final rules amends §§ 21.135,                      accountable manager described in this                 commenters’ recommendations.
                                              21.305, and 21.605 to require a PAH to                  rule is required only to have                         Although the FAA requires the
                                              provide the FAA with a document                         responsibility for production operations,             establishment of a quality system as a
                                              identifying the organization’s                          not design activities.                                prerequisite to obtaining a production
                                              accountable manager. The accountable                       Garmin International and Williams                  approval, nowhere do we require a PAH
                                              manager is responsible for, and has                     International stated that there is no need            to create an organizational position
                                              authority over, all part 21 production                  for an accountable manager, and                       responsible solely for the PAH’s quality
                                              activities. It is not the FAA’s intent that             recommended instead a requirement                     system. Moreover, under this rule, the
                                              this provision dictates who is                          that the PAH identify an FAA point of                 accountable manager must be at a
                                              responsible for PAH production                          contact. In addition, Garmin stated that              sufficient level within the organization
                                              operations. It is also not the FAA’s                    a better means to improve the FAA’s                   to have responsibility over all
                                              intent that this provision imposes                      access would be to require a PAH to                   production operations, not just the
                                              personal liability for production                       clearly indicate how its organization                 quality system. For example, the
                                              operations on the accountable manager.                  will communicate. Williams                            accountable manager should have
                                              The FAA is simply requiring each PAH                    recommended that if the FAA has                       responsibility for, among other things,
                                              to identify for the FAA the individual or               difficulty communicating with a                       formally applying to add a new product
                                              individuals within the PAH’s                            particular PAH, that PAH should be                    or article to the PAH’s production
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                                              organization who the PAH considers                      required to clarify its own existing                  approval; formally requesting FAA
                                              responsible for all production                          procedures.                                           approval for a change in location;
                                              operations.                                                The FAA disagrees with the                         amending the PAH’s organization
                                                Boeing, MARPA, and Timken                             commenters’ recommendations. An                       document and submitting that
                                              Aerospace recommended that an                           accountable manager is not simply a                   document to the FAA; ensuring support
                                              accountable manager have the ability to                 point of contact. When issuing an                     for design approval holders, as required
                                              identify and delegate functions to                      approval or performing certificate                    by § 21.137(m); and formally submitting


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                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations                                        59025

                                              changes to the PAH’s approved quality                   documents, using an FAA Form 8130–                    8130–3 as an authorized release
                                              system.                                                 3, for new aircraft engines, propellers,              document will reduce or be detrimental
                                                We also disagree with the                             and articles, and for used aircraft                   to aviation safety. One of these
                                              commenters’ comparisons of part 21 and                  engines, propellers, and articles when                commenters pointed out that, prior to
                                              part 145 accountable managers. A PAH’s                  rebuilt or altered in accordance with                 this final rule, FAA designees assigned
                                              accountable manager has different                       § 43.3(j). PAHs that intend to issue these            to complete Form 8130–3 would
                                              duties and responsibilities from the                    documents must detail the appropriate                 occasionally turn back parts and articles
                                              accountable manager of a repair station.                procedures in their quality manual. To                due to issues discovered during the
                                              Furthermore, the ‘‘directly in charge’’                 be clear, FAA regulations and policy                  FAA conformity inspections. For that
                                              definition from part 145 does not apply                 distinguish between a document issued                 reason, the commenters claimed that
                                              to a PAH’s accountable manager. We are                  by the FAA (an airworthiness approval)                eliminating designees’ continued,
                                              not requiring a PAH accountable                         and one issued by the PAH (an                         objective inspections would reduce
                                              manager to be ‘‘directly in charge’’ of                 authorized release document). In                      safety. Both commenters suggested
                                              the work performed by the production                    addition, the latest version of FAA AC                keeping the current system.
                                              organization.                                           21–43, released concurrently with this                   The FAA disagrees with the
                                                                                                      final rule, clearly states that a PAH                 commenters’ characterization of how
                                              C. Authorized Release Documents
                                                                                                      should use FAA Form 8130–3 when                       FAA Form 8130–3 has been used
                                                 This final rule creates § 21.137(o),                 issuing an authorized release document.               previously, as well as their
                                              which permits a PAH to issue                               ASA recommended extending the                      recommendations. With respect to
                                              authorized release documents for new                    privilege of issuing an authorized                    products and articles produced under a
                                              aircraft engines, propellers, and articles              release document beyond PAHs, to                      production approval, issuance of an
                                              manufactured by that PAH, and for used                  include distributors accredited in                    FAA Form 8130–3 indicates that that
                                              aircraft engines, propellers, and articles              accordance with FAA AC 00–56,                         the product or article conforms to its
                                              rebuilt or altered in accordance with                   Voluntary Industry Distributor                        type design and is in a condition for safe
                                              § 43.3(j), provided the PAH establishes                 Accreditation Program. The commenter                  operation, unless otherwise specified.
                                              and adheres to certain quality assurance                suggested that not doing so would create              Even prior to this rulemaking, FAA
                                              procedures as part of its quality system.               a significant competitive disadvantage                Form 8130–3 did not (and does not
                                              This final rule marks a slight change                   for certain American businesses. More                 now) indicate that a particular product
                                              from what the FAA initially proposed:                   specifically, the commenter argued that               or article has been inspected by the FAA
                                              In response to comments, we explicitly                  failing to allow non-manufacturing                    or its designee.
                                              restrict each PAH to issuing authorized                 distributors to issue authorized release                 Additionally, allowing a PAH, as
                                              release documents for products and                      documents would put those distributors                opposed to an FAA employee or
                                              articles manufactured by the PAH itself.                at a competitive disadvantage.                        designee, to issue FAA Form 8130–3
                                                 Boeing recommended that the FAA                         The FAA disagrees with the                         will not cause a decrease in safety.
                                              consider requiring PAH personnel                        recommendation. The FAA cannot                        Currently, Designated Manufacturing
                                              selected to issue authorized release                    extend this privilege to non-                         Inspection Representatives (DMIRs) or
                                              documents to receive FAA training                       manufacturer distributors because they                Organization Designation Authorization
                                              equivalent to what is currently required                are not recognized PAHs and, therefore,               (ODA) unit members issue the vast
                                              for designees. The FAA disagrees with                   lack FAA-approved quality systems.                    majority of FAA Form 8130–3s. These
                                              the recommendation. Under this final                    Quality systems are necessary to ensure               designees are employed by the PAH and
                                              rule, a PAH that chooses to issue                       that products and articles conform to                 authorized by the FAA, and the FAA
                                              authorized release documents must                       their approved design and are in a                    requires them to possess at least certain
                                              establish a training process for                        condition for safe operation. The intent              minimum qualifications and training,
                                              individuals the PAH selects to issue                    of this provision is to maintain the high             such as those described in FAA Orders
                                              those documents. The PAH may choose                     level of safety achieved under the prior              8100.8, 8000.95 and 8100.15. Similarly,
                                              to send its personnel to FAA designee                   rules, while allowing FAA-approved                    under this final rule, any PAH seeking
                                              training (if available), establish its own              PAHs to engage in a practice that is                  authority to issue FAA Form 8130–3
                                              in-house training, or meet the                          permitted by other authorities, such as               must first get FAA approval. As
                                              requirement in some other manner. The                   the European Union and Canada, for                    described in FAA AC 21–43, the FAA
                                              rule establishes minimum requirements                   their PAHs.                                           will not approve a PAH to issue FAA
                                              and permits the PAH to establish FAA-                      One individual commenter suggested                 Form 8130–3 unless the PAH
                                              approved procedures to meet those                       that the FAA limit a PAH’s authority so               demonstrates that its authorized
                                              requirements.                                           that the PAH could only issue                         personnel possess the same
                                                 ASA stated that the rule does not give               authorized release documents for new                  qualifications and receive training
                                              a PAH authority to issue FAA Form                       or used aircraft engines, propellers, and             equivalent to what is required by FAA
                                              8130–3 because the term ‘‘authorized                    articles that the PAH itself                          Orders 8100.8, 8000.95 and 8100.15 for
                                              release document’’ is not defined. The                  manufactured under part 21.                           FAA designees.
                                              commenter also suggested changing the                      The FAA agrees with the commenter’s                   Timken Aerospace suggested that
                                              definition of airworthiness approval to                 proposal. Where a PAH was not                         allowing PAHs to issue authorized
                                              add Airworthiness approval means a                      involved in manufacturing a product or                release documents would add
                                              document issued by the FAA, or a                        article, the PAH may not have the                     complexity to the existing process and
                                              person authorized by the FAA.                           ability to make the appropriate                       increase the FAA’s workload. The
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                                                 The FAA disagrees with ASA’s                         conformity determination. Accordingly,                commenter recommended instead
                                              recommendations. As stated in                           this final rule limits a PAH’s authority              developing a system to assist PAHs in
                                              § 21.1(b)(1), an airworthiness approval                 to issue authorized release documents to              obtaining additional DMIRs.
                                              is a document that must be issued by                    only those products and articles that                    The FAA disagrees with the
                                              the FAA. By this final rule, however, the               particular PAH has manufactured.                      recommendation. The FAA anticipates
                                              FAA will now permit an authorized                          Two individual commenters stated                   that permitting PAHs to issue
                                              PAH to issue authorized release                         that allowing a PAH to issue Form                     authorized release documents will


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                                              59026            Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              reduce the workload of both the FAA                     authorized release document, the PAH                  the definition in this final rule from the
                                              and PAHs. Our intent is to recognize a                  is not signing that document on behalf                NPRM.
                                              practice permitted by other authorities                 of the FAA Administrator. The FAA                        Timken Aerospace and one individual
                                              by giving FAA-approved PAHs the same                    requires any PAH that chooses to issue                commenter recommended we revise our
                                              flexibility available to their European                 authorized release documents to                       proposed airworthiness approval
                                              and Canadian counterparts, who already                  establish minimum procedures,                         definition by moving ‘‘unless otherwise
                                              issue authorized release documents. For                 including training the employees                      specified’’ to be the final clause. In other
                                              PAHs with an approved system for                        responsible for issuing those                         words, these commenters recommended
                                              issuing authorized release documents,                   documents. These procedures will be                   changing the definition to a document
                                              the FAA will no longer authorize DMIRs                  reviewed and, if acceptable, approved                 which certifies that the aircraft, aircraft
                                              or ODA unit members to issue                            by the FAA, which will be conducive to                engine, propeller, or article conforms to
                                              airworthiness approvals.                                standardization. Ultimately, however,                 its approved design and is in a
                                                 Textron Aviation recommended that                    the current proposal gives each PAH the               condition for safe operation, unless
                                              the FAA remove the regulatory language                  flexibility to choose to send its                     otherwise specified. The commenters
                                              in our 2014 NPRM proposing to allow                     personnel to FAA designee training (if                noted, for example, that an engine is not
                                              the use of authorized release documents                 available), establish their own in-house              shipped from a factory in a complete
                                              for work performed under § 43.3(j). The                 training, or meet the requirement in                  and final condition, since it is prepped
                                              commenter stated that this type of                      some other manner.                                    for shipping, and is therefore not in a
                                              rebuilding work, and related use of FAA                                                                       condition for safe operation.
                                              Form 8130–3, is already performed by                    D. Definitions
                                                                                                                                                               The FAA agrees with the commenters’
                                              PAH manufacturers.                                         This final rule revises one definition             recommendation. There are many
                                                 The FAA disagrees with the                           and adds two new definitions to § 21.1.               instances in which the FAA issues an
                                              recommendation. The commenter is                        The definition of ‘‘airworthiness                     airworthiness approval but, at the time
                                              correct that FAA Order 8130.21 allows                   approval,’’ in § 21.1(b)(1), is expanded              of issuance, the product or article
                                              certain entities to use FAA Form 8130–                  to account for the issuance of an                     neither fully conforms to its approved
                                              3 when returning to service rebuilt or                  airworthiness approval in instances                   design, nor is it in a condition for safe
                                              altered engines, propellers, or articles in             where an aircraft, aircraft engine,                   operation. For example, the FAA may
                                              accordance with § 43.3(j). However, the                 propeller, or article does not conform to             issue an airworthiness approval for an
                                              FAA’s final rule codifies our                           its approved design or may not be in a                aircraft that has been disassembled for
                                              authorization of that practice and                      condition for safe operation at the time              shipping, for an engine that has
                                              extends the same privilege to PAHs                      the airworthiness approval is generated               preservation fluids installed prior to
                                              producing new aircraft engines,                         and that nonconformity or condition is                shipping, or for used aircraft engines
                                              propellers, and articles.
                                                                                                      specified on the airworthiness approval               and propellers that are not in a
                                                 Textron Aviation also claimed that
                                                                                                      document. In response to comments, we                 condition for safe operation (see
                                              FAA Order 8130.21 requires authorized
                                              persons to document inspection activity                 revised the definition proposed in our                § 21.331, Issuance of export
                                              on an FAA Form 8100–1 when required                     NPRM to account for the fact that an                  airworthiness approvals for aircraft
                                              by the managing office, and                             airworthiness approval may in some                    engines, propellers, and articles). We
                                              recommended revising either § 21.137                    cases be issued for products or articles              therefore revise the definition of
                                              or FAA Order 8130.21 to indicate that                   that are not in a condition for safe                  airworthiness approval to a document,
                                              a PAH is not required to use FAA Form                   operation, such as when those products                issued by the FAA for an aircraft,
                                              8100–1 when issuing authorized release                  or articles are packed for shipment.                  aircraft engine, propeller, or article,
                                              documents.                                                 As proposed, § 21.1(b)(5) defines an               which certifies that the aircraft, aircraft
                                                 The FAA disagrees with both the                      ‘‘interface component’’ as a functional               engine, propeller, or article conforms to
                                              commenter’s claim and                                   interface between an aircraft and an                  its approved design and is in a
                                              recommendation. Neither our prior                       aircraft engine, an aircraft engine and a             condition for safe operation, unless
                                              rules, nor this final rule, requires a PAH              propeller, or an aircraft and a propeller.            otherwise specified.
                                              to comply with the internal guidance in                 Furthermore, an interface component is                   Also with respect to the airworthiness
                                              FAA Order 8130.21. More specifically,                   designated by the holder of the type                  approval definition, Timken Aerospace
                                              § 21.137(o) does not require any PAH to                 certificate or the supplemental type                  recommended we use the phrase
                                              use FAA Form 8100–1 when issuing an                     certificate who controls the approved                 ‘‘except for deviations noted’’ instead of
                                              FAA Form 8130–3. Furthermore, FAA                       design data for that article. This                    ‘‘unless otherwise specified,’’ to be more
                                              Order 8130.21 does not require the use                  definition is necessary because this final            consistent with FAA Form 8130–9,
                                              of FAA Form 8100–1, but an FAA                          rule also promulgates § 21.147(c), which              Statement of Conformity.
                                              managing office may determine that a                    permits a PAH to apply to the FAA to                     The FAA disagrees with the
                                              conformity inspection report is                         amend its production certificate to                   recommendation. The concept of
                                              necessary to substantiate an FAA-issued                 allow the PAH to manufacture and                      airworthiness is generally composed of
                                              FAA Form 8130–3.                                        install interface components. No change               two factors: Conformity with an
                                                 One individual commenter stated that                 was made to the definition in this final              approved design and being in a
                                              allowing a PAH to develop its own                       rule from the NPRM.                                   condition for safe operation. In this
                                              procedures for signing authorized                          Finally, as proposed, § 21.1(b)(10)                context, the term ‘‘deviation’’ would
                                              release documents will reduce or                        defines a ‘‘supplier’’ as any person at               indicate a variation from an approved
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                                              eliminate the standardization that exists               any tier in the supply chain who                      design or quality system, but would not
                                              among designees. The commenter                          provides a product, article, or service               necessarily convey the fact that a
                                              recommended that requiring PAH                          that is used or consumed in the design                product is not in a condition for safe
                                              personnel to take FAA training would                    or manufacture of, or installed on, a                 operation. Accordingly, we determine
                                              facilitate greater standardization.                     product or article. This definition is                that the phrase ‘‘unless otherwise
                                                 The FAA disagrees with the                           necessary to clarify existing FAA                     specified’’ more accurately reflects the
                                              recommendation. When a PAH signs an                     requirements. No change was made to                   intent of our proposal.


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                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations                                         59027

                                                 Two individual commenters                            responsible for assuring that its                     updates and impose less of a burden on
                                              expressed concern that adding ‘‘unless                  products and articles conform and are in              the FAA.
                                              otherwise specified’’ to the definition of              a condition for safe operation. The                     The FAA agrees with the concerns
                                              airworthiness approval would change a                   inclusion of all suppliers within the                 raised byWilliams International, but we
                                              fundamental premise of airworthiness                    regulatory definition of supplier should              have determined that the rule as drafted
                                              approvals, that a product or article must               therefore impose no additional burden                 adequately addresses these concerns.
                                              conform to its design. The commenters                   on either the PAH or its suppliers.                   Under §§ 21.1(b)(5) and 21.147(c), a
                                              recommended that the definition not be                    The same individual commenter also                  component must meet certain criteria
                                              changed.                                                stated that there is no guidance for the              before it is considered an ‘‘interface
                                                 The FAA disagrees with the                           suppliers of off-the-shelf parts,                     component’’ eligible for the PAH’s PLR.
                                              commenters. The issuance of an                          described above, who may not                          For example, § 21.1(b)(5) requires,
                                              airworthiness approval, such as an                      anticipate that their parts will be used              among other things, that an IC be
                                              export certificate of airworthiness, does               or installed on type certificated aircraft            designated as such by the TC or STC
                                              not necessarily mean that a product is                  and approved.                                         holder. The rule requires only those ICs
                                              airworthy. FAA regulations, such as                       The FAA agrees with the commenter’s                 the PAH intends to produce be listed on
                                              § 21.331, allow FAA personnel and                       observation that there is no guidance                 the PLR and not all possible ICs, so the
                                              designees to issue an airworthiness                     provided specifically for distributors of             PLR should not be an exhaustive list or
                                              approval for a product or article that                  parts not originally manufactured for                 a burden on the FAA.
                                              does not conform to its approved                        aviation use or installation on type                  F. Miscellaneous Issues
                                              design, as long as the nonconforming                    certificated aircraft and approved under
                                              condition is stated on the approval                                                                              HEICO requested that the FAA define
                                                                                                      § 21.8(c). The FAA provides guidance to               authorized release documents, to
                                              document and, in the case of export, the                PAHs, repair stations, and other FAA-
                                              receiving authority agrees to accept the                                                                      establish who is issuing the document.
                                                                                                      regulated entities. The FAA does not                  The FAA disagrees with the
                                              product or article as described. This                   provide guidance for entities that fall
                                              final rule, therefore, simply brings the                                                                      recommendation. The FAA does not
                                                                                                      outside the scope of FAA regulations.                 believe it is necessary to provide a
                                              definition of Airworthiness Approval in
                                              line with current FAA practice and with                 E. Interface Components                               definition in the text of the rule. The
                                              part 21, subpart L. Contrary to the                                                                           FAA provides additional guidance on
                                                                                                         As proposed, § 21.147(c) now permits               authorized release documents in the
                                              commenters’ suggestion, we are not                      a PAH to apply to the FAA for an
                                              changing the fundamental concept of                                                                           revised AC 21.43, Appendix B, which is
                                                                                                      amendment to the PAH’s production                     applicable to any PAH.
                                              airworthiness. Under current practices,                 limitation record (PLR), authorizing the
                                              an airworthiness approval is a means to                                                                          One individual commenter stated that
                                                                                                      PAH to manufacture and install                        the title of the NPRM did not reflect
                                              show that the product or article                        interface components. If granted, the
                                              conforms to its approved design and is                                                                        recent changes from parts to articles in
                                                                                                      FAA will amend the PAH’s PLR to add                   our 2009 final rule, Production and
                                              in a condition for safe operation, unless
                                                                                                      the interface components (IC). ICs are                Airworthiness Approvals, Part Marking,
                                              otherwise specified.
                                                                                                      defined in the new § 21.1(b)(5). The                  and Miscellaneous Amendments, 74 FR
                                                 One individual commenter stated that
                                              the definition of ‘‘supplier’’ is overbroad             FAA had previously granted exemptions                 53384 (Oct. 16, 2009). The commenter
                                              because it includes distributors of                     to engine manufacturers, allowing them                recommended changing the title of part
                                              commercial off the shelf parts or parts                 to manufacture and install airframe                   21 to ‘‘Certification Procedures for
                                              not originally manufactured for aviation                components that interface between the                 Products, Articles, and Parts.’’ The FAA
                                              use. The same commenter also stated                     engine and the airframe, provided the                 partially agrees with the
                                              that the addition of the term ‘‘at any                  engine manufacturer owned or licensed                 recommendation and this final rule
                                              tier’’ will cause inconsistent and                      the ICs design and installation data.                 changes the title of part 21 to
                                              disparate interpretation within the FAA                    Boeing and General Electric                        ‘‘Certification Procedures for Products
                                              and undue burden to industry. The                       supported the rule change. Boeing also                and Articles.’’
                                              commenter did not provide any                           suggested the FAA allow engine                           HEICO requested that we revise FAA
                                              recommendations.                                        manufacturers to install and certify                  Form 8130–3 attached as Appendix A,
                                                 The FAA recognizes that by including                 airplane manufacturers’ ICs during the                Figure A–1 to FAA Order 8130.21 to
                                              the term ‘‘at any tier,’’ the proposed                  engine type certification process.                    explicitly indicate who, including a
                                              definition of ‘‘supplier’’ applies to all                  The FAA disagrees with this                        PAH, is allowed to issue the document.
                                              suppliers throughout the supply chain.                  recommendation as it is outside the                   The FAA disagrees with HEICO’s
                                              Contrary to the commenter’s statement,                  scope of this rulemaking. Allowing                    recommendation to revise the form.
                                              the FAA believes including suppliers                    engine manufacturers to install and                   Instead, we have revised FAA Order
                                              ‘‘at any tier’’ will reduce inconsistencies             certify airplane manufacturers’ ICs                   8130.21 and ACs 21–43 and 21–44 to
                                              by confirming that the FAA definition of                during the engine TC process is a design              reflect the rule change allowing a
                                              ‘‘supplier’’ applies to all suppliers,                  issue, not a production issue. Our 2014               properly authorized PAH to issue an
                                              regardless of their position within the                 NPRM and this final rule focus on                     authorized release document. In the ACs
                                              supply chain. Furthermore, the FAA                      amendments to the production approval                 we also provide guidance to on how to
                                              does not believe this definition will                   provisions in subpart G.                              complete FAA Form 8130–3.
                                              unduly burden industry. To the extent                      Williams International recommended                    Textron Aviation recommended that
                                              that a supplier has only a tenuous                      that our final rule distinguish between               the FAA remove the requirement for the
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                                              connection to a PAH, perhaps because                    all potential ICs versus those that are               issuance of export airworthiness
                                              the supplier produces parts that are not                licensed to be both manufactured and                  approvals for articles, believing that this
                                              specifically designed for use in aviation,              installed by a PAH. The commenter                     change would better align FAA
                                              it may be appropriate for the PAH to                    suggested that defining ICs more                      regulations with those of foreign
                                              account for that attenuation when                       narrowly would enable the FAA to                      authorities. The recommendation is
                                              designing its supplier-reporting                        include fewer items on the PAH’s PLR,                 outside the scope of this rulemaking.
                                              protocols. A PAH has always been                        and as a result would require fewer PLR               The FAA notes that the requirements for


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                                              59028              Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              the issuance of export airworthiness                       Agreements Act (Pub. L. 103–465),                         procedures for simplification, analysis,
                                              approvals for articles are contained in                    prohibits agencies from setting                           and review of regulations. If the
                                              subpart L. Although the FAA proposed                       standards that create unnecessary                         expected cost impact is so minimal that
                                              allowing PAHs to issue authorized                          obstacles to the foreign commerce of the                  a proposed or final rule does not
                                              release documents in § 21.137, the                         United States. In developing U.S.                         warrant a full evaluation, this order
                                              proposal did not change the conditions                     standards, the Trade Act requires                         permits that a statement to that effect
                                              specified in subpart L.                                    agencies to consider international                        and the basis for it be included in the
                                                                                                         standards and, where appropriate, that                    preamble if a full regulatory evaluation
                                              IV. Regulatory Notices and Analyses                        they be the basis of U.S. standards.                      of the costs and benefits is not prepared.
                                              A. Regulatory Evaluation                                   Fourth, the Unfunded Mandates Reform                      Such a determination has been made for
                                                                                                         Act of 1995 (Pub. L. 104–4), as codified                  this final rule. The reasoning for this
                                                 Changes to Federal regulations must                     in 2 U.S.C. 1532, requires agencies to                    determination follows.
                                              undergo several economic analyses.                         prepare a written assessment of the
                                              First, Executive Orders 12866 and 13563                    costs, benefits, and other effects of                       As summarized in the table below, the
                                              direct that each Federal agency shall                      proposed or final rules that include a                    provisions of this final rule (1) are
                                              propose or adopt a regulation only upon                    Federal mandate likely to result in the                   minimal cost, (2) will impose no
                                              a reasoned determination that the                          expenditure by State, local, or tribal                    additional costs because the provisions
                                              benefits of the intended regulation                        governments, in the aggregate, or by the                  will clarify only, or are current practice,
                                              justify its costs. Second, the Regulatory                  private sector, of $100 million or more                   or (3) are voluntary and therefore
                                              Flexibility Act of 1980 (Pub. L. 96–354),                  annually (adjusted for inflation with                     inherently cost-beneficial. Our
                                              as codified in 5 U.S.C. 603 et seq.,                       base year of 1995). This portion of the                   determination has not changed from
                                              requires agencies to analyze the                           preamble summarizes the FAA’s                             that made in the NPRM regulatory
                                              economic impact of regulatory changes                      analysis of the economic impacts of this                  evaluation. The FAA received no
                                              on small entities. Third, the Trade                        final rule.                                               comments to the docket on the NPRM
                                              Agreements Act (Pub. L. 96–39), as                            Department of Transportation Order                     regulatory evaluation. More detailed
                                              amended by the Uruguay Round                               DOT 2100.5 prescribes policies and                        explanations follow the table.

                                                                               Provision                                                                           Costs/Benefits

                                              Require Identification of Accountable Manager                                     Minimal cost—Requires identification of an existing manager, who is respon-
                                                                                                                                  sible for and has authority over a Production Approval Holder (PAH)’s oper-
                                                                                                                                  ations, as a PAH’s primary contact with the FAA.
                                              Allow PC Holders to Manufacture and Install Interface Compo-                      Codifying the practice, previously allowed by exemption, will reduce regulatory
                                                 nents.                                                                           compliance costs.
                                              Modify Supplier Control Requirements .........................................    No additional cost—Clarifies existing requirement 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 Documents for Aircraft                     Voluntary, so expected benefits will exceed expected costs.
                                                 Engines, Propellers and Articles.
                                              Exclude Fixed-Pitch Wooden Propellers from Fireproof Marking                      The FAA found the exemption provides an equivalent level of safety. Codifying
                                                 Requirements.                                                                    the practice, previously allowed by exemption, will reduce regulatory compli-
                                                                                                                                  ance costs.



                                              1. Require Identification of an                            their type-certificated products without                  sensitive parts; damage to critical parts;
                                              Accountable Manager                                        an exemption. Previous regulations                        and air/fuel/oil leaks.4 This provision
                                                                                                         governing the production limitation                       will codify the practice, previously
                                                Under this provision, the FAA will                       record and the amendment of PCs                           allowed by exemption, of allowing PC
                                              require each applicant for, or holder of,                  restricted the PC holder to the                           holders to manufacture and install ICs,
                                              a Production Certificate (PC), Parts                                                                                 and will apply to any articles designated
                                                                                                         manufacture of products only (aircraft,
                                              Manufacturer Approval (PMA), or                                                                                      by the TC holder that interface between
                                                                                                         aircraft engines, or propellers) and did
                                              Technical Standard Order (TSO)                                                                                       products. Therefore, this provision
                                                                                                         not authorize installation.3 The FAA has
                                              authorization to identify an accountable                                                                             applies to the interface between
                                                                                                         granted exemptions to engine
                                              manager, who is responsible for, and                                                                                 propeller and aircraft engine and
                                                                                                         manufacturers, allowing them to
                                              has authority over, a PAH’s operations,                                                                              between propeller and aircraft, as well
                                                                                                         manufacture and install airframe
                                              as a PAH’s primary contact with the                                                                                  as between aircraft engine and aircraft.
                                              FAA. This provision is not intended to                     components that interface between the
                                                                                                         engine and the airframe provided they                        Codifying the previous practice of
                                              require the PAH to create a new position                                                                             allowing PC holders to manufacture and
                                              within its organization and will not                       own or are licensed to use the IC type
                                                                                                         design and installation data. In granting                 install ICs implies no change in safety
                                              mandate that an individual in a specific
                                              position be identified as the accountable                  these exemptions, the FAA found that
                                                                                                                                                                     4 The production and installation of ICs by engine
                                              manager. Consequently, the costs, if                       allowing engine manufacturers to
                                                                                                                                                                   manufacturers also increase efficiency by allowing
                                              any, associated with this requirement                      produce and install ICs improved safety                   delivery of quick-change replacement engines to
                                                                                                         and efficiency by eliminating
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                                              are minimal.                                                                                                         end users such as air carriers and charter operators.
                                                                                                         disassembly, reassembly and retesting,                    Some piece parts (or kits), such as the engine
                                              2. Allow Production Certificate Holders                    as well as related scoring of fatigue                     buildup unit (EBU), rather than being installed by
                                                                                                                                                                   the PC holder, may be shipped separately to an
                                              To Manufacture and Install Interface                                                                                 aircraft manufacturer for the purpose of just-in-time
                                              Components                                                   3 Before 2010, §§ 21.142 (production limitation         manufacturing operations, or to an airline that may
                                                                                                         record) and 21.147 (amendment of production               want kits on hand for routine maintenance
                                                PC holders previously could not                          certificates) were codified at §§ 21.151 and 21.153,      operations or to replace hardware damaged during
                                              install interface components (ICs) on                      respectively.                                             operations.



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                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations                                              59029

                                              benefits. Codifying the practice,                       PAH is responsible for (1) conformity                 any tier in the supply chain that is used
                                              however, will reduce regulatory costs                   throughout the supply chain and (2)                   or consumed in the design or
                                              since paperwork requirements involved                   establishing a supplier reporting process             manufacture of, or installed on, a
                                              in periodic application for and granting                for nonconforming releases. As there                  product or article.
                                              of exemptions will be eliminated.                       was no definition of supplier in the                    The final rule changes the language to
                                              3. Modification of Supply Control                       previous regulations, the final rule                  § 21.137(c) as shown in the following
                                                                                                      defines supplier as a person that                     table:
                                                 With this provision, the FAA intends
                                                                                                      provides a product, article, or service at
                                              to clarify existing requirements that the

                                                                         Previous rule language                                                               Final rule language

                                              Supply Control—Procedures that (1) Ensure that each supplier-fur-                    Supply Control—Procedures that (1) Ensure that each supplier-pro-
                                                nished product or article conforms to its approved design; and                       vided product, article, or service conforms to the product approval
                                                                                                                                     holder’s requirements; and
                                              (2) Require each supplier to report to the production approval holder if             (2) Establish a supplier reporting process for products, articles or serv-
                                                a product or article has been released from that supplier and subse-                 ices that have been released from the supplier and subsequently
                                                quently found not to conform to the applicable design data.                          found not to conform to the production approval holder’s require-
                                                                                                                                     ments.



                                                 As provision (1) clarifies the FAA’s                 5. Marking of Fixed-Pitch Wooden                      including small businesses, not-for-
                                              intent and current practice and                         Propellers                                            profit organizations, and small
                                              provision (2) gives PAHs greater                           As noted in the preamble above, the                governmental jurisdictions.
                                              flexibility, there will be no additional                FAA granted an exemption to Sensenich                    Agencies must perform a review to
                                              cost resulting from these provisions.                   Wood Propeller Company from the                       determine whether a rule will have a
                                              4. Allow Production Approval Holders                    regulations requiring that a propeller,               significant economic impact on a
                                              To Issue Authorized Release Documents                   propeller blade, or propeller hub be                  substantial number of small entities. If
                                              for Aircraft Engines, Propellers, and                   marked using an approved fireproof                    the agency determines that it will, the
                                              Articles                                                method. In granting the exemption, the                agency must prepare a regulatory
                                                                                                      FAA found that stamping the hub of the                flexibility analysis as described in the
                                                 Previously, only the FAA was allowed                                                                       RFA.
                                              to document that an aircraft engine,                    propeller with the identification
                                                                                                      markers will achieve an equivalent level                 However, if an agency determines that
                                              propeller, or article conforms to its                                                                         a rule is not expected to have a
                                              approved design and is in condition for                 of safety to the rule. The FAA maintains
                                                                                                      that finding in this final rule and, in any           significant economic impact on a
                                              safe operation. The FAA provides                                                                              substantial number of small entities,
                                              documentation with an airworthiness                     case, codifying the practice, previously
                                                                                                      allowed by exemption, implies no                      section 605(b) of the RFA provides that
                                              approval, using FAA Form 8130–3,                                                                              the head of the agency may so certify
                                              ‘‘Authorized Release Certificate,                       change in safety benefits.6 Codifying the
                                                                                                      practice, however, will reduce                        and a regulatory flexibility analysis is
                                              Airworthiness Approval Tag.’’ This                                                                            not required. The certification must
                                              provision allows, but does not require,                 regulatory costs since the costs of
                                                                                                      paperwork requirements involved in                    include a statement providing the
                                              qualified PAHs to issue authorized                                                                            factual basis for this determination, and
                                              release documents, using FAA Form                       periodic application for and granting of
                                                                                                      the exemptions will be eliminated.                    the reasoning should be clear.
                                              8130–3, for aircraft engines, propellers,                                                                        The provisions of this final rule (1)
                                              and articles for which the PAH has a                       The FAA made this minimal cost
                                                                                                      determination for the proposed rule. As               are minimal cost, (2) would impose no
                                              production approval. We refer to the                                                                          additional costs because the provisions
                                              issuance of Form 8130–3 by a PAH as                     no comments were received, the FAA
                                                                                                      concludes the expected cost is minimal.               would clarify only, or are current
                                              an ‘‘authorized release document’’                                                                            practice, or (3) are voluntary. We
                                              because, as defined by 14 CFR                           B. Regulatory Flexibility Determination               received no comments regarding our
                                              21.1(b)(1), only the FAA is allowed to                                                                        determination that there was no
                                              issue an airworthiness approval. PAHs                     The Regulatory Flexibility Act of 1980
                                                                                                      (Pub. L. 96–354) (RFA) establishes as a               significant impact on a substantial
                                              choosing not to issue these authorized                                                                        number of small entities in the NPRM.
                                              release documents may continue to                       principle of regulatory issuance that
                                                                                                      agencies shall endeavor, consistent with                 Therefore, as provided in section
                                              obtain approvals from the FAA.                                                                                605(b), the head of the FAA certifies
                                                 Although such airworthiness                          the objectives of the rule and of
                                                                                                      applicable statutes, to fit regulatory and            that this final rule will not have a
                                              documentation is required only when                                                                           significant economic impact on a
                                              requested by a foreign civil aviation                   informational requirements to the scale
                                                                                                      of the businesses, organizations, and                 substantial number of small entities.
                                              authority, it has become increasingly
                                              valued in the aviation industry. Several                governmental jurisdictions subject to                 C. International Trade Impact
                                              U.S. manufacturers have requested the                   regulation. To achieve this principle,                Assessment
                                              privilege to issue such documentation,                  agencies are required to solicit and
                                                                                                      consider flexible regulatory proposals                   The Trade Agreements Act of 1979
                                              which is already enjoyed by their                                                                             (Pub. L. 96–39), as amended by the
                                                                                                      and to explain the rationale for their
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                                              European and Canadian counterparts.                                                                           Uruguay Round Agreements Act (Pub.
                                              As it is voluntary, this provision is                   actions to assure that such proposals are
                                                                                                      given serious consideration. The RFA                  L. 103–465), prohibits Federal agencies
                                              inherently cost beneficial.5                                                                                  from establishing standards or engaging
                                                                                                      covers a wide-range of small entities,
                                                5 For aircraft, an export airworthiness approval
                                                                                                                                                            in related activities that create
                                              will continue to be issued only by the FAA, using         6 Variable-pitch wooden propellers do not require   unnecessary obstacles to the foreign
                                              Form 8130–4, ‘‘Export Certificate of                    exception from the fireproof marking requirement      commerce of the United States.
                                              Airworthiness.’’                                        since they have metal hubs.                           Pursuant to these Acts, the


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                                              59030            Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              establishment of standards is not                         Executive Order 13609, Promoting                    VI. How To Obtain Additional
                                              considered an unnecessary obstacle to                   International Regulatory Cooperation,                 Information
                                              the foreign commerce of the United                      promotes international regulatory                     A. Rulemaking Documents
                                              States, so long as the standard has a                   cooperation to meet shared challenges
                                              legitimate domestic objective, such as                  involving health, safety, labor, security,              An electronic copy of a rulemaking
                                              the protection of safety, and does not                  environmental, and other issues and to                document may be obtained by using the
                                              operate in a manner that excludes                       reduce, eliminate, or prevent                         Internet by—
                                              imports that meet this objective. The                                                                           1. Search the Federal eRulemaking
                                                                                                      unnecessary differences in regulatory
                                              statute also requires consideration of                                                                        Portal (http://www.regulations.gov);
                                                                                                      requirements. The FAA analyzed this                     2. Visit the FAA’s Regulations and
                                              international standards and, where                      action under the policies and agency
                                              appropriate, that they be the basis for                                                                       Policies Web page at http://
                                                                                                      responsibilities of Executive Order                   www.faa.gov/regulations_policies/ or
                                              U.S. standards.                                         13609, and determined that this action                  3. Access the Government Printing
                                                 The FAA has assessed the potential                   has no significant effect on international            Office’s Web page at http://
                                              effect of this final rule and determined                regulatory cooperation. To the extent                 www.gpo.gov/fdsys/.
                                              that the rule’s provision allowing PAHs                 that this final rule may conflict with the              Copies may also be obtained by
                                              to issue authorized release documents                                                                         sending a request (identified by notice,
                                                                                                      implementing protocols of any FAA
                                              for purposes of export would be in                                                                            amendment, or docket number of this
                                                                                                      bilateral aviation safety agreements, the
                                              accordance with the Trade Agreements                                                                          rulemaking) to the Federal Aviation
                                              Act as this provision uses European                     FAA will amend those protocols in
                                                                                                      coordination with our international                   Administration, Office of Rulemaking,
                                              standards as the basis for United States                                                                      ARM–1, 800 Independence Avenue
                                              regulation. The remaining provisions                    partners.
                                                                                                                                                            SW., Washington, DC 20591, or by
                                              have a minimal domestic impact only                     G. Environmental Analysis                             calling (202) 267–9680.
                                              and therefore no effect on international
                                              trade.                                                    FAA Order 1050.1E identifies FAA                    B. Comments Submitted to the Docket
                                                                                                      actions that are categorically excluded                 Comments received may be viewed by
                                              D. Unfunded Mandates Assessment
                                                                                                      from preparation of an environmental                  going to http://www.regulations.gov and
                                                 Title II of the Unfunded Mandates                    assessment or environmental impact                    following the online instructions to
                                              Reform Act of 1995 (Public Law 104–4)                   statement under the National                          search the docket number for this
                                              requires each Federal agency to prepare                 Environmental Policy Act in the                       action. Anyone is able to search the
                                              a written statement assessing the effects               absence of extraordinary circumstances.               electronic form of all comments
                                              of any Federal mandate in a proposed or                 The FAA has determined this                           received into any of the FAA’s dockets
                                              final agency rule that may result in an                 rulemaking action qualifies for the                   by the name of the individual
                                              expenditure of $100 million or more (in                 categorical exclusion identified in                   submitting the comment (or signing the
                                              1995 dollars) in any one year by State,                 paragraph 312f and involves no                        comment, if submitted on behalf of an
                                              local, and tribal governments, in the                   extraordinary circumstances.                          association, business, labor union, etc.).
                                              aggregate, or by the private sector; such
                                              a mandate is deemed to be a ‘‘significant               V. Executive Order Determinations                     C. Small Business Regulatory
                                              regulatory action.’’ The FAA currently                                                                        Enforcement Fairness Act
                                                                                                      A. Executive Order 13132, Federalism
                                              uses an inflation-adjusted value of $155                                                                        The Small Business Regulatory
                                              million in lieu of $100 million. This                     The FAA has analyzed this final rule                Enforcement Fairness Act (SBREFA) of
                                              final rule does not contain such a                      under the principles and criteria of                  1996 requires FAA to comply with
                                              mandate; therefore, the requirements of                 Executive Order 13132, Federalism. The                small entity requests for information or
                                              Title II of the Act do not apply.                       agency determined that this action will               advice about compliance with statutes
                                              E. Paperwork Reduction Act                              not have a substantial direct effect on               and regulations within its jurisdiction.
                                                                                                      the States, or the relationship between               A small entity with questions regarding
                                                The Paperwork Reduction Act of 1995                                                                         this document, may contact its local
                                                                                                      the Federal Government and the States,
                                              (44 U.S.C. 3507(d)) requires that the                                                                         FAA official, or the person listed under
                                                                                                      or on the distribution of power and
                                              FAA consider the impact of paperwork                                                                          the FOR FURTHER INFORMATION CONTACT
                                                                                                      responsibilities among the various
                                              and other information collection                                                                              heading at the beginning of the
                                              burdens imposed on the public. The                      levels of government, and, therefore,
                                                                                                                                                            preamble. To find out more about
                                              FAA has determined that there is no                     does not have Federalism implications.                SBREFA on the Internet, visit http://
                                              new requirement for information                         B. Executive Order 13211, Regulations                 www.faa.gov/regulations_policies/
                                              collection associated with this final                   That Significantly Affect Energy Supply,              rulemaking/sbre_act/.
                                              rule.                                                   Distribution, or Use                                  List of Subjects
                                              F. International Compatibility and
                                                                                                         The FAA analyzed this final rule                   14 CFR Part 21
                                              Cooperation
                                                                                                      under Executive Order 13211, Actions                    Aircraft, Aviation safety, Exports,
                                                In keeping with U.S. obligations                      Concerning Regulations that                           Imports, Reporting and recordkeeping
                                              under the Convention on International                   Significantly Affect Energy Supply,                   requirements.
                                              Civil Aviation, it is FAA policy to                     Distribution, or Use (May 18, 2001). The
                                              conform to International Civil Aviation                 agency has determined that it is not a                14 CFR Part 45
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                                              Organization (ICAO) Standards and                       ‘‘significant energy action’’ under the                 Aircraft, Exports, Signs and symbols.
                                              Recommended Practices to the                            executive order and it is not likely to
                                              maximum extent practicable. The FAA                                                                           The Amendment
                                                                                                      have a significant adverse effect on the
                                              reviewed the corresponding ICAO                         supply, distribution, or use of energy.                 In consideration of the foregoing, and
                                              Standards and Recommended Practices                                                                           under the authority of 49 U.S.C. 106(f)
                                              and identified no differences with these                                                                      and 44701(a)(5), the Federal Aviation
                                              regulations.                                                                                                  Administration proposes to amend


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                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations                                         59031

                                              chapter I of title 14, Code of Federal                  responsible within the applicant’s or                 certificate number and model of every
                                              Regulations as follows:                                 production approval holder’s                          product that the production certificate
                                                                                                      organization for, and have authority                  holder is authorized to manufacture,
                                              PART 21—CERTIFICATION                                   over, all production operations                       and identifies every interface
                                              PROCEDURES FOR PRODUCTS AND                             conducted under this part. The                        component that the production
                                              ARTICLES                                                accountable manager must confirm that                 certificate holder is authorized to
                                                                                                      the procedures described in the quality               manufacture and install under this part.
                                              ■ 1. The authority citation for part 21                 manual required by § 21.138 are in place              ■ 7. Revise § 21.147 to read as follows:
                                              continues to read as follows:                           and that the production approval holder
                                                Authority: 42 U.S.C. 7572; 49 U.S.C.                  satisfies the requirements of the                     § 21.147 Amendment of production
                                              106(g), 40105, 40113, 44701–44702, 44704,               applicable regulations of subchapter C,               certificates.
                                              44707, 44709, 44711, 44713, 44715, 45303.               Aircraft. The accountable manager must                   (a) A holder of a production certificate
                                              ■ 2. The heading for part 21 is revised                 serve as the primary contact with the                 must apply for an amendment to a
                                              to read as set forth above.                             FAA.                                                  production certificate in a form and
                                              ■ 3. Amend § 21.1 by revising paragraph                 ■ 5. Amend § 21.137 by revising
                                                                                                                                                            manner prescribed by the FAA.
                                                                                                      paragraphs (c)(1) and (2) and adding                     (b) An applicant for an amendment to
                                              (b)(1), redesignating paragraphs (b)(5)
                                                                                                      paragraph (o) to read as follows:                     a production certificate to add a type
                                              through (b)(8) as (b)(6) through (b)(9),
                                                                                                                                                            certificate or model, or both, must
                                              and adding new paragraphs (b)(5) and
                                                                                                      § 21.137    Quality system.                           comply with §§ 21.137, 21.138, and
                                              (b)(10) to read as follows:
                                                                                                      *      *     *     *   *                              21.150.
                                              § 21.1   Applicability and definitions.                    (c) * * *                                             (c) An applicant may apply to amend
                                              *      *     *     *    *                                  (1) Ensure that each supplier-                     its production limitation record to allow
                                                 (b) * * *                                            provided product, article, or service                 the manufacture and installation of an
                                                 (1) Airworthiness approval means a                   conforms to the production approval                   interface component, provided—
                                              document, issued by the FAA for an                      holder’s requirements; and                               (1) The applicant owns or has a
                                              aircraft, aircraft engine, propeller, or                   (2) Establish a supplier-reporting                 license to use the design and
                                              article, which certifies that the aircraft,             process for products, articles, or services           installation data for the interface
                                              aircraft engine, propeller, or article                  that have been released from or                       component and makes that data
                                              conforms to its approved design and is                  provided by the supplier and                          available to the FAA upon request;
                                              in a condition for safe operation, unless               subsequently found not to conform to                     (2) The applicant manufactures the
                                              otherwise specified;                                    the production approval holder’s                      interface component;
                                                                                                      requirements.                                            (3) The applicant’s product conforms
                                              *      *     *     *    *                                                                                     to its approved type design and the
                                                 (5) Interface component means an                     *      *     *     *   *                              interface component conforms to its
                                              article that serves as a functional                        (o) Issuing authorized release                     approved type design;
                                              interface between an aircraft and an                    documents. Procedures for issuing                        (4) The assembled product with the
                                              aircraft engine, an aircraft engine and a               authorized release documents for                      installed interface component is in a
                                              propeller, or an aircraft and a propeller.              aircraft engines, propellers, and articles            condition for safe operation; and
                                              An interface component is designated                    if the production approval holder                        (5) The applicant complies with any
                                              by the holder of the type certificate or                intends to issue those documents. These               other conditions and limitations the
                                              the supplemental type certificate who                   procedures must provide for the                       FAA considers necessary.
                                              controls the approved design data for                   selection, appointment, training,                     ■ 8. Revise § 21.305 to read as follows:
                                              that article;                                           management, and removal of
                                              *      *     *     *    *                               individuals authorized by the                         § 21.305   Organization.
                                                 (10) Supplier means a person at any                  production approval holder to issue                     (a) Each applicant for or holder of a
                                              tier in the supply chain who provides a                 authorized release documents.                         PMA must provide the FAA with a
                                              product, article, or service that is used               Authorized release documents may be                   document—
                                              or consumed in the design or                            issued for new aircraft engines,                        (1) Describing how its organization
                                              manufacture of, or installed on, a                      propellers, and articles manufactured by              will ensure compliance with the
                                              product or article.                                     the production approval holder; and for               provisions of this subpart;
                                              ■ 4. Revise § 21.135 to read as follows:                used aircraft engines, propellers, and                  (2) Describing assigned
                                                                                                      articles when rebuilt, or altered, in                 responsibilities, delegated authorities,
                                              § 21.135   Organization.                                accordance with § 43.3(j) of this chapter.            and the functional relationship of those
                                                (a) Each applicant for or holder of a                 When a production approval holder                     responsible for quality to management
                                              production certificate must provide the                 issues an authorized release document                 and other organizational components;
                                              FAA with a document—                                    for the purpose of export, the                        and
                                                (1) Describing how its organization                   production approval holder must                         (3) Identifying an accountable
                                              will ensure compliance with the                         comply with the procedures applicable                 manager.
                                              provisions of this subpart;                             to the export of new and used aircraft                  (b) The accountable manager specified
                                                (2) Describing assigned                               engines, propellers, and articles                     in paragraph (a) of this section must be
                                              responsibilities, delegated authorities,                specified in § 21.331 and the                         responsible within the applicant’s or
                                              and the functional relationship of those                responsibilities of exporters specified in            production approval holder’s
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                                              responsible for quality to management                   § 21.335.                                             organization for, and have authority
                                              and other organizational components;                    ■ 6. Revise § 21.142 to read as follows:              over, all production operations
                                              and                                                                                                           conducted under this part. The
                                                (3) Identifying an accountable                        § 21.142    Production limitation record.             accountable manager must confirm that
                                              manager.                                                  The FAA issues a production                         the procedures described in the quality
                                                (b) The accountable manager specified                 limitation record as part of a production             manual required by § 21.308 are in place
                                              in paragraph (a) of this section must be                certificate. The record lists the type                and that the production approval holder


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                                              59032            Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

                                              satisfies the requirements of the                         Issued under authority provided by 49               Room W12–140, 1200 New Jersey
                                              applicable regulations of subchapter C,                 U.S.C. 106(f), 44701(a), and 44703 in                 Avenue SE., Washington, DC 20590.
                                              Aircraft. The accountable manager must                  Washington, DC, on September 25, 2015.                  • Hand Delivery: U.S. Department of
                                              serve as the primary contact with the                   Michael P. Huerta,                                    Transportation, Docket Operations,
                                              FAA.                                                    Administrator.                                        M–30, West Building Ground Floor,
                                                                                                      [FR Doc. 2015–24950 Filed 9–30–15; 8:45 am]           Room W12–140, 1200 New Jersey
                                              ■ 9. Revise § 21.605 to read as follows:
                                                                                                      BILLING CODE 4910–13–P                                Avenue SE., Washington, DC, between 9
                                              § 21.605    Organization.                                                                                     a.m. and 5 p.m., Monday through
                                                                                                                                                            Friday, except Federal holidays.
                                                (a) Each applicant for or holder of a                 DEPARTMENT OF TRANSPORTATION                            For service information identified in
                                              TSO authorization must provide the                                                                            this AD, contact Airbus SAS,
                                              FAA with a document—                                    Federal Aviation Administration                       Airworthiness Office—EAL, 1 Rond
                                                (1) Describing how its organization                                                                         Point Maurice Bellonte, 31707 Blagnac
                                              will ensure compliance with the                         14 CFR Part 39                                        Cedex, France; telephone: +33 5 61 93
                                              provisions of this subpart;                             [Docket No. FAA–2015–3981; Directorate                36 96; fax: +33 5 61 93 45 80; email:
                                                                                                      Identifier 2015–NM–126–AD; Amendment                  airworthiness.A330-A340@airbus.com;
                                                (2) Describing assigned
                                                                                                      39–18280; AD 2015–20–02]                              Internet http://www.airbus.com. You
                                              responsibilities, delegated authorities,
                                                                                                                                                            may view this referenced service
                                              and the functional relationship of those                RIN 2120–AA64
                                                                                                                                                            information at the FAA, Transport
                                              responsible for quality to management                                                                         Airplane Directorate, 1601 Lind Avenue
                                              and other organizational components;                    Airworthiness Directives; Airbus
                                                                                                      Airplanes                                             SW., Renton, WA. For information on
                                              and                                                                                                           the availability of this material at the
                                                (3) Identifying an accountable                        AGENCY:  Federal Aviation                             FAA, call 425–227–1221. It is also
                                              manager.                                                Administration (FAA), Department of                   available on the Internet at http://
                                                                                                      Transportation (DOT).                                 www.regulations.gov by searching for
                                                (b) The accountable manager specified
                                              in paragraph (a) of this section must be                ACTION: Final rule; request for                       and locating Docket No. FAA–2015–
                                              responsible within the applicant’s or                   comments.                                             3981.
                                              production approval holder’s                            SUMMARY:   We are superseding                         Examining the AD Docket
                                              organization for, and have authority                    Airworthiness Directive (AD) 2013–02–                   You may examine the AD docket on
                                              over, all production operations                         10 for all Airbus Model A330–200                      the Internet at http://
                                              conducted under this part. The                          Freighter series airplanes; Model A330–               www.regulations.gov by searching for
                                              accountable manager must confirm that                   200 and –300 series airplanes; and                    and locating Docket No. FAA–2015–
                                              the procedures described in the quality                 Model A340–200 and –300 series                        3981; or in person at the Docket
                                              manual required by § 21.608 are in place                airplanes. AD 2013–02–10 required an                  Operations office between 9 a.m. and 5
                                              and that the production approval holder                 inspection of the rods to determine the               p.m., Monday through Friday, except
                                              satisfies the requirements of the                       manufacturer; and for affected parts, an              Federal holidays. The AD docket
                                              applicable regulations of subchapter C,                 inspection for any cracking of the rods,              contains this AD, the regulatory
                                              Aircraft. The accountable manager must                  and related investigative and corrective              evaluation, any comments received, and
                                              serve as the primary contact with the                   actions if necessary. This AD revises the             other information. The street address for
                                              FAA.                                                    affected airplanes of a certain paragraph             the Docket Operations office (telephone:
                                                                                                      of AD 2013–02–10 due to the discovery                 800–647–5527) is in the ADDRESSES
                                              PART 45—IDENTIFICATION AND                              of an error. We are issuing this AD to                section. Comments will be available in
                                              REGISTRATION MARKING                                    detect and correct cracking of the rods,              the AD docket shortly after receipt.
                                                                                                      which could result in rupture of rods                 FOR FURTHER INFORMATION CONTACT:
                                              ■ 10. The authority citation for part 45                that attach the belly fairing to the                  Vladimir Ulyanov, Aerospace Engineer,
                                              continues to read as follows:                           airframe, leading to separation of the                International Branch, ANM–116,
                                                                                                      belly fairing from the airframe, and                  Transport Airplane Directorate, FAA,
                                                Authority: 49 U.S.C. 106(g), 40103, 40113–            consequent damage to airplane structure
                                              40114, 44101–44105, 44107–44111, 44504,                                                                       1601 Lind Avenue SW., Renton, WA
                                                                                                      and airplane systems.                                 98057–3356; telephone: 425–227–1138;
                                              44701, 44708–44709, 44711–44713, 44725,
                                              45302–45303, 46104, 46304, 46306, 47122.                DATES: This AD becomes effective                      fax: 425–227–1149.
                                                                                                      October 16, 2015.                                     SUPPLEMENTARY INFORMATION:
                                              ■ 11. Revise § 45.11(c) introductory text                 The Director of the Federal Register
                                              to read as follows:                                     approved the incorporation by reference               Discussion
                                                                                                      of certain publications listed in this AD                On January 16, 2013, we issued AD
                                              § 45.11    Marking of products.                         as of March 8, 2013 (78 FR 7257,                      2013–02–10, Amendment 39–17331 (78
                                              *      *    *     *    *                                February 1, 2013).                                    FR 7257, February 1, 2013), which
                                                 (c) Propellers and propeller blades                    We must receive comments on this                    applied to all Airbus Model A330–200
                                              and hubs. Each person who produces a                    AD by November 16, 2015.                              Freighter series airplanes; Model A330–
                                              propeller, propeller blade, or propeller                ADDRESSES: You may send comments by                   200 and –300 series airplanes; and
                                              hub under a type certificate or                         any of the following methods:                         Model A340–200 and –300 series
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                                              production certificate must mark each                      • Federal eRulemaking Portal: Go to                airplanes. AD 2013–02–10 was
                                              product or part. Except for a fixed-pitch               http://www.regulations.gov. Follow the                prompted by a report of a manufacturing
                                              wooden propeller, the marking must be                   instructions for submitting comments.                 defect in certain rods installed in the
                                                                                                         • Fax: 202–493–2251.                               belly fairing, which could lead to cracks
                                              accomplished using an approved
                                                                                                         • Mail: U.S. Department of                         at the crimped end of the rod. AD 2013–
                                              fireproof method. The marking must—
                                                                                                      Transportation, Docket Operations,                    02–10 required an inspection of the rods
                                              *      *    *     *    *                                M–30, West Building Ground Floor,                     to determine the manufacturer; and for


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Document Created: 2015-12-15 08:39:56
Document Modified: 2015-12-15 08:39:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective March 29, 2016.
ContactFor technical questions concerning this action, contact Priscilla Steward or Robert Cook, Aircraft Certification Service, Production Certification Section, AIR-112, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-1656; email: [email protected] or telephone: (202) 267-1590; email: [email protected]
FR Citation80 FR 59021 
RIN Number2120-AK20
CFR Citation14 CFR 21
14 CFR 45
CFR AssociatedAircraft; Aviation Safety; Exports; Imports; Reporting and Recordkeeping Requirements and Signs and Symbols

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