81_FR_66060 81 FR 65874 - Repair Stations; Response to Public Comments

81 FR 65874 - Repair Stations; Response to Public Comments

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range65874-65875
FR Document2016-23121

This action confirms the effective date and adopts as final the interim final rule published on July 27, 2016, and responds to the comments received on that interim final rule. The rule removed the requirement that a repair station with an airframe rating provide suitable permanent housing to enclose the largest type and model aircraft listed on its operations specifications. The FAA also revised its general housing and facilities regulation to provide that a repair station's housing for its facilities, equipment, materials, and personnel must be consistent not only with its ratings, but also with its limitations to those ratings. Finally, the FAA added an additional general purpose limited rating to cover maintenance work not covered by the existing 12 limited rating categories.

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65874-65875]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 145

[Docket No.: FAA-2016-8744; Amdt. No. 145-31]
RIN 2120-AK86


Repair Stations; Response to Public Comments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; confirmation of effective date and response to 
public comments.

-----------------------------------------------------------------------

SUMMARY: This action confirms the effective date and adopts as final 
the interim final rule published on July 27, 2016, and responds to the 
comments received on that interim final rule. The rule removed the 
requirement that a repair station with an airframe rating provide 
suitable permanent housing to enclose the largest type and model 
aircraft listed on its operations specifications. The FAA also revised 
its general housing and facilities regulation to provide that a repair 
station's housing for its facilities, equipment, materials, and 
personnel must be consistent not only with its ratings, but also with 
its limitations to those ratings. Finally, the FAA added an additional 
general purpose limited rating to cover maintenance work not covered by 
the existing 12 limited rating categories.

DATES: Effective September 26, 2016.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this action, 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 Susan Traugott Ludwig, Aircraft Maintenance 
Division, Repair Station Branch, AFS-340, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (214) 587-8887; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an interim final rule on July 15, 2016 (81 FR 49158) 
to revise its repair station rules to remove the one-size-fits-all 
requirement of Sec.  145.103(b) and provide an additional limited 
rating category to cover work not addressed by the existing 12 
categories. These actions will assist the repair station industry by 
eliminating the costly housing requirement that is not necessary in 
many cases.

Discussion of Comments

    The FAA received two comments from the Aeronautical Repair Station 
Association (ARSA) and Airbus. ARSA stated that it fully supported the 
agency's actions as the regulations were unclear and needed to be 
updated. ARSA noted that although the changed rule still does not 
distinguish between repair stations working on completed aircraft and 
those working on airframe components, the removal of specified housing 
for airframe ratings will certainly allow for performance-based 
compliance. ARSA also requested the FAA consider removing Sec.  
145.61(b) in its entirety. ARSA asserted that it seems

[[Page 65875]]

the language in Sec.  145.61(a) alone would be sufficient to ensure 
appropriate ratings and limitations could be determined without the 
list in Sec.  145.61(b). ARSA stated the reinstitution of paragraph 
(b)(13) is merely a specific acknowledgement of the general language in 
Sec.  145.61(a). ARSA also specifically requested that the agency not 
deem its observation as opposition to the interim final rule, rather, a 
suggestion for consideration.
    The FAA agrees with ARSA's comment that the removal of specified 
airframe rated housing requirements will allow for performance-based 
compliance. The FAA notes ARSA's suggestion to remove Sec.  145.61(b) 
in its entirety and may consider it in a future rulemaking effort. 
Airbus requested clarification on the correct title for Sec.  145.205, 
Maintenance, preventive maintenance, and alterations performed for 
certificate holders under parts 121, 125, and 135, and for foreign 
persons operating a U.S.-registered aircraft in common carriage under 
part 129. Airbus noted the word ``performed'' is spelled ``per-formed'' 
in the interim final rule and spelled ``performed'' in the electronic 
Code of Regulations (eCFR). Airbus asked which format was correct.
    The FAA notes the title in the eCFR is correct.

Conclusion

    After consideration of the comments submitted in response to the 
interim final rule, the FAA has determined that no further rulemaking 
action is necessary. Therefore, amendment No. 145-31 remains in effect.

How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using 
the Internet--
    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/.
    Accordingly, the interim rule published July 15, 2016 (81 FR 
49158), is adopted as final without change.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on September 21, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016-23121 Filed 9-23-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                65874            Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations

                                                (h) Maintenance or Inspection Program                   98057–3356; phone: 425–917–6505; fax: 425–            interim final rule published on July 27,
                                                Revision                                                917–6590; email: tung.tran@faa.gov.                   2016, and responds to the comments
                                                   Within 180 days after the effective date of          (l) Material Incorporated by Reference                received on that interim final rule. The
                                                this AD, revise the maintenance or inspection                                                                 rule removed the requirement that a
                                                                                                           (1) The Director of the Federal Register
                                                program, as applicable, to incorporate critical                                                               repair station with an airframe rating
                                                                                                        approved the incorporation by reference
                                                design configuration control limitation                                                                       provide suitable permanent housing to
                                                                                                        (IBR) of the service information listed in this
                                                (CDCCL) Airworthiness Limitation (AWL)
                                                No. 28–AWL–24, ‘‘Fuel Boost Pump Wires In
                                                                                                        paragraph under 5 U.S.C. 552(a) and 1 CFR             enclose the largest type and model
                                                                                                        part 51.                                              aircraft listed on its operations
                                                Conduit Installation—In Fuel Tank,’’ of Sub-
                                                                                                           (2) You must use this service information          specifications. The FAA also revised its
                                                section C.1, ‘‘Fuel Tank Ignition Prevention,’’
                                                                                                        as applicable to do the actions required by           general housing and facilities regulation
                                                of Section C., ‘‘Airworthiness Limitations—
                                                                                                        this AD, unless the AD specifies otherwise.
                                                Systems,’’ of the Boeing 747–100/200/300/SP                                                                   to provide that a repair station’s housing
                                                                                                           (i) Boeing Alert Service Bulletin 747–
                                                Airworthiness Limitations (AWLs) and                                                                          for its facilities, equipment, materials,
                                                                                                        28A2306, dated October 2, 2014.
                                                Certification Maintenance Requirements                                                                        and personnel must be consistent not
                                                                                                           (ii) Boeing 747–100/200/300/SP
                                                (CMRs) Document D6–13747–CMR, Revision                                                                        only with its ratings, but also with its
                                                                                                        Airworthiness Limitations (AWLs) and
                                                June 2014; or CDCCL AWL No. 28–AWL–35,
                                                ‘‘Fuel Boost Pump Wires In Conduit
                                                                                                        Certification Maintenance Requirements                limitations to those ratings. Finally, the
                                                Installation—In Fuel Tank,’’ of Sub-section
                                                                                                        (CMRs) Document D6–13747–CMR, Revision                FAA added an additional general
                                                                                                        June 2014.                                            purpose limited rating to cover
                                                B.1, ‘‘Fuel System Ignition Prevention,’’ of
                                                                                                           (iii) Section 9, Airworthiness Limitations         maintenance work not covered by the
                                                Section B, ‘‘Airworthiness Limitations
                                                                                                        (AWLs) and Certification Maintenance
                                                (AWLs)—Systems,’’ of Section 9,                                                                               existing 12 limited rating categories.
                                                                                                        Requirements (CMRs), of Boeing 747–400
                                                Airworthiness Limitations (AWLs) and                                                                          DATES: Effective September 26, 2016.
                                                                                                        Maintenance Planning Data (MPD) Document
                                                Certification Maintenance Requirements
                                                                                                        D621U400–9, Revision June 2014.                       ADDRESSES: For information on where to
                                                (CMRs), of Boeing 747–400 Maintenance
                                                                                                           (3) For service information identified in          obtain copies of rulemaking documents
                                                Planning Data (MPD) Document D621U400–
                                                                                                        this AD, contact Boeing Commercial                    and other information related to this
                                                9, Revision June 2014; as applicable.
                                                                                                        Airplanes, Attention: Data & Services                 action, see ‘‘How To Obtain Additional
                                                (i) No Alternative Actions, Intervals, and/or           Management, P.O. Box 3707, MC 2H–65,
                                                                                                                                                              Information’’ in the SUPPLEMENTARY
                                                CDCCLs                                                  Seattle, WA 98124–2207; phone: 206–544–
                                                                                                        5000, extension 1; fax: 206–766–5680;                 INFORMATION section of this document.
                                                   After accomplishing the revision required                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                        Internet: https://www.myboeingfleet.com.
                                                by paragraph (h) of this AD, no alternative
                                                actions (e.g., inspections), intervals, and/or
                                                                                                           (4) You may view this referenced service           technical questions concerning this
                                                                                                        information at the FAA, Transport Airplane            action, contact Susan Traugott Ludwig,
                                                CDCCLs may be used unless the actions,
                                                                                                        Directorate, 1601 Lind Avenue SW., Renton,            Aircraft Maintenance Division, Repair
                                                intervals, and/or CDCCLs are approved as an
                                                                                                        WA. For information on the availability of            Station Branch, AFS–340, Federal
                                                alternative method of compliance (AMOC) in
                                                                                                        this material at the FAA, call 425–227–1221.
                                                accordance with the procedures specified in                                                                   Aviation Administration, 800
                                                                                                           (5) You may view this service information
                                                paragraph (j) of this AD.                                                                                     Independence Avenue SW.,
                                                                                                        that is incorporated by reference at the
                                                (j) Alternative Methods of Compliance                   National Archives and Records                         Washington, DC 20591; telephone (214)
                                                (AMOCs)                                                 Administration (NARA). For information on             587–8887; email susan.traugott.ludwig@
                                                   (1) The Manager, Seattle Aircraft                    the availability of this material at NARA, call       faa.gov.
                                                Certification Office (ACO), FAA, has the                202–741–6030, or go to: http://                       SUPPLEMENTARY INFORMATION:
                                                authority to approve AMOCs for this AD, if              www.archives.gov/federal-register/cfr/ibr-
                                                                                                        locations.html.                                       Background
                                                requested using the procedures found in 14
                                                CFR 39.19. In accordance with 14 CFR 39.19,               Issued in Renton, Washington, on                       The FAA issued an interim final rule
                                                send your request to your principal inspector           September 6, 2016.                                    on July 15, 2016 (81 FR 49158) to revise
                                                or local Flight Standards District Office, as           Michael Kaszycki,                                     its repair station rules to remove the
                                                appropriate. If sending information directly                                                                  one-size-fits-all requirement of
                                                                                                        Acting Manager, Transport Airplane
                                                to the manager of the ACO, send it to the                                                                     § 145.103(b) and provide an additional
                                                                                                        Directorate, Aircraft Certification Service.
                                                attention of the person identified in
                                                paragraph (k)(1) of this AD. Information may            [FR Doc. 2016–22188 Filed 9–23–16; 8:45 am]           limited rating category to cover work
                                                be emailed to: 9-ANM-Seattle-ACO-AMOC-                  BILLING CODE 4910–13–P
                                                                                                                                                              not addressed by the existing 12
                                                Requests@faa.gov.                                                                                             categories. These actions will assist the
                                                   (2) Before using any approved AMOC,                                                                        repair station industry by eliminating
                                                notify your appropriate principal inspector,            DEPARTMENT OF TRANSPORTATION                          the costly housing requirement that is
                                                or lacking a principal inspector, the manager                                                                 not necessary in many cases.
                                                of the local flight standards district office/          Federal Aviation Administration
                                                certificate holding district office.                                                                          Discussion of Comments
                                                   (3) An AMOC that provides an acceptable              14 CFR Part 145                                          The FAA received two comments
                                                level of safety may be used for any repair,                                                                   from the Aeronautical Repair Station
                                                modification, or alteration required by this            [Docket No.: FAA–2016–8744; Amdt. No.
                                                                                                                                                              Association (ARSA) and Airbus. ARSA
                                                AD if it is approved by the Boeing                      145–31]
                                                Commercial Airplanes Organization                                                                             stated that it fully supported the
                                                Designation Authorization (ODA) that has                RIN 2120–AK86                                         agency’s actions as the regulations were
                                                been authorized by the Manager, Seattle                                                                       unclear and needed to be updated.
                                                ACO, to make those findings. To be                      Repair Stations; Response to Public                   ARSA noted that although the changed
                                                approved, the repair method, modification               Comments                                              rule still does not distinguish between
                                                deviation, or alteration deviation must meet            AGENCY:   Federal Aviation                            repair stations working on completed
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                                                the certification basis of the airplane, and the                                                              aircraft and those working on airframe
                                                                                                        Administration (FAA), DOT.
                                                approval must specifically refer to this AD.                                                                  components, the removal of specified
                                                                                                        ACTION: Final rule; confirmation of
                                                (k) Related Information                                 effective date and response to public                 housing for airframe ratings will
                                                  For more information about this AD,                   comments.                                             certainly allow for performance-based
                                                contact Tung Tran, Aerospace Engineer,                                                                        compliance. ARSA also requested the
                                                Propulsion Branch, ANM–140S, FAA, Seattle               SUMMARY:   This action confirms the                   FAA consider removing § 145.61(b) in
                                                ACO, 1601 Lind Avenue SW., Renton, WA                   effective date and adopts as final the                its entirety. ARSA asserted that it seems


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                                                                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                       65875

                                                the language in § 145.61(a) alone would                 following the online instructions to                  FOR FURTHER INFORMATION CONTACT:  Mr.
                                                be sufficient to ensure appropriate                     search the docket number for this                     Robert Quackenbush, Army National
                                                ratings and limitations could be                        action. Anyone is able to search the                  Military Cemeteries, 703–614–7150.
                                                determined without the list in                          electronic form of all comments                       SUPPLEMENTARY INFORMATION:
                                                § 145.61(b). ARSA stated the                            received into any of the FAA’s dockets
                                                reinstitution of paragraph (b)(13) is                   by the name of the individual                         A. Executive Summary
                                                merely a specific acknowledgement of                    submitting the comment (or signing the                I. Purpose of the Regulatory Action
                                                the general language in § 145.61(a).                    comment, if submitted on behalf of an                    a. This final rule modifies the Army’s
                                                ARSA also specifically requested that                   association, business, labor union, etc.).            regulation governing Army National
                                                the agency not deem its observation as                                                                        Military Cemeteries, which consist of
                                                                                                        C. Small Business Regulatory
                                                opposition to the interim final rule,                                                                         Arlington National Cemetery and the
                                                                                                        Enforcement Fairness Act
                                                rather, a suggestion for consideration.                                                                       U.S. Soldiers’ and Airmen’s Home
                                                   The FAA agrees with ARSA’s                              The Small Business Regulatory
                                                                                                        Enforcement Fairness Act (SBREFA) of                  National Cemetery, to reflect changes in
                                                comment that the removal of specified                                                                         the management structure of the Army
                                                airframe rated housing requirements                     1996 requires FAA to comply with
                                                                                                        small entity requests for information or              National Military Cemeteries created by
                                                will allow for performance-based                                                                              Army General Orders 2014–74 and
                                                compliance. The FAA notes ARSA’s                        advice about compliance with statutes
                                                                                                        and regulations within its jurisdiction.              2014–75 and the National Defense
                                                suggestion to remove § 145.61(b) in its                                                                       Authorization Act for Fiscal Year 2012,
                                                entirety and may consider it in a future                A small entity with questions regarding
                                                                                                        this document, may contact its local                  Public Law 112–81, section 591 (2011)
                                                rulemaking effort. Airbus requested                                                                           (adding chapter 446 to title 10); to
                                                clarification on the correct title for                  FAA official, or the person listed under
                                                                                                        the FOR FURTHER INFORMATION CONTACT                   incorporate modifications to eligibility
                                                § 145.205, Maintenance, preventive                                                                            as enacted by Section 1 to Public Law
                                                maintenance, and alterations performed                  heading at the beginning of the
                                                                                                        preamble. To find out more about                      114–158, dated 20 May 2016 which
                                                for certificate holders under parts 121,                                                                      amends 38 U.S.C. 2410; to adopt
                                                125, and 135, and for foreign persons                   SBREFA on the Internet, visit http://
                                                                                                        www.faa.gov/regulations_policies/                     modifications suggested by the
                                                operating a U.S.-registered aircraft in                                                                       Department of the Army Inspector
                                                common carriage under part 129. Airbus                  rulemaking/sbre_act/.
                                                                                                           Accordingly, the interim rule                      General as approved by the Secretary of
                                                noted the word ‘‘performed’’ is spelled                                                                       the Army; to implement interment,
                                                ‘‘per-formed’’ in the interim final rule                published July 15, 2016 (81 FR 49158),
                                                                                                        is adopted as final without change.                   inurnment, and memorialization
                                                and spelled ‘‘performed’’ in the                                                                              eligibility restrictions, including those
                                                electronic Code of Regulations (eCFR).                    Issued under authority provided by 49
                                                                                                                                                              mandated by 10 U.S.C. 985 and 38
                                                Airbus asked which format was correct.                  U.S.C. 106(f), 44701(a), and 44703 in
                                                                                                        Washington, DC, on September 21, 2016.                U.S.C. 2411; and to prohibit the
                                                   The FAA notes the title in the eCFR                                                                        reservation of gravesites as mandated by
                                                is correct.                                             Lirio Liu,
                                                                                                                                                              38 U.S.C. 2410a.
                                                                                                        Director, Office of Rulemaking.                          b. The legal authority for this
                                                Conclusion
                                                                                                        [FR Doc. 2016–23121 Filed 9–23–16; 8:45 am]           regulatory action is section 591 of the
                                                   After consideration of the comments                  BILLING CODE 4910–13–P                                National Defense Authorization Act for
                                                submitted in response to the interim
                                                                                                                                                              Fiscal Year 2012, Public Law 112–81
                                                final rule, the FAA has determined that
                                                                                                                                                              (2011), which added chapter 446 to title
                                                no further rulemaking action is                         DEPARTMENT OF DEFENSE                                 10. Chapter 446 requires the Secretary of
                                                necessary. Therefore, amendment No.
                                                                                                                                                              the Army to prescribe regulations and
                                                145–31 remains in effect.                               Department of the Army                                policies as may be necessary to
                                                How To Obtain Additional Information                                                                          administer the Army National Military
                                                                                                        32 CFR Part 553                                       Cemeteries, and it codifies the role of
                                                A. Rulemaking Documents
                                                                                                        [Docket No. USA–2015–HQ–0046]                         the Executive Director as the individual
                                                  An electronic copy of a rulemaking                                                                          responsible for exercising authority,
                                                document my be obtained by using the                    RIN 0702–AA60                                         direction, and control over all aspects of
                                                Internet—                                                                                                     the Army National Military Cemeteries.
                                                                                                        Army National Military Cemeteries
                                                  1. Search the Federal eRulemaking                                                                           Throughout part 553, the Army replaces
                                                Portal (http://www.regulations.gov);                    AGENCY:    Department of the Army, DoD.               references to the Superintendent of the
                                                  2. Visit the FAA’s Regulations and                    ACTION:   Final rule.                                 Cemetery, the Adjutant General, and
                                                Policies Web page at http://                                                                                  Commanding General, Military District
                                                www.faa.gov/regulations_policies/ or                    SUMMARY:   The Department of the Army                 of Washington, with ‘‘Executive
                                                  3. Access the Government Printing                     is publishing its regulation for the                  Director’’ to reflect the current
                                                Office’s Web page at http://                            development, operation, maintenance,                  organizational structure, which was
                                                www.gpo.gov/fdsys/.                                     and administration of the Army                        implemented through Army General
                                                  Copies may also be obtained by                        National Cemeteries to reflect their                  Orders 2014–74 and 2014–75 and
                                                sending a request (identified by notice,                statutory name change to the Army                     codified in the National Defense
                                                amendment, or docket number of this                     National Military Cemeteries and                      Authorization Act of 2012.
                                                rulemaking) to the Federal Aviation                     changes in the management structure, to
                                                Administration, Office of Rulemaking,                   adopt modifications suggested by the                  II. Summary of and Response to Public
mstockstill on DSK3G9T082PROD with RULES




                                                ARM–1, 800 Independence Avenue                          Department of the Army Inspector                      Comments
                                                SW., Washington, DC 20591, or by                        General and approved by the Secretary                    The proposed rule was published in
                                                calling (202) 267–9680.                                 of the Army, and to implement changes                 the Federal Register on May 11, 2016
                                                                                                        in interment eligibility reflecting                   (81 FR 29230) for a 60-day comment
                                                B. Comments Submitted to the Docket                     changes in law.                                       period. The Department of the Army
                                                  Comments received may be viewed by                    DATES: This rule is effective on October              received fourteen comments from
                                                going to http://www.regulations.gov and                 26, 2016.                                             fourteen individuals. Thirteen of the


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Document Created: 2018-02-09 13:23:12
Document Modified: 2018-02-09 13:23:12
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; confirmation of effective date and response to public comments.
DatesEffective September 26, 2016.
ContactFor technical questions concerning this action, contact Susan Traugott Ludwig, Aircraft Maintenance Division, Repair Station Branch, AFS-340, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (214) 587-8887; email [email protected]
FR Citation81 FR 65874 
RIN Number2120-AK86

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