29416 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11, 21, and 25

[Docket No. FAA–2001–8994 (Formerly

Docket No. 28903); Amdt. No. 11–45, 21–

77, 25–99]

RIN 2120–AF68

Type Certification Procedures for

Changed Products

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Disposition of comments on

final rule.

SUMMARY: This document is a summary

and disposition of comments received

on a final rule published by the FAA on

June 7, 2000. That final rule amended

the procedural regulations for the

certification of changes to type

certificated products. These

amendments affect changes

accomplished through either an

amended type certificate or a

supplemental type certificate.

ADDRESSES: In order to give the public

greater access to docketed information,

the FAA Rules Docket has moved this

docket file to the Department of

Transportation’s electronic Docket

Management System (DMS) and

assigned a new docket number to this

project, Docket No. FAA–2001–8994;

previously Docket No. 28903.

The complete docket file may be

examined electronically through the

DMS via the Internet at http://

dms.dot.gov. See access instructions in

section ‘‘Availability of Rulemaking

Documents.’’ You may also review the

public docket in person by visiting the

public access room at the Docket

Management System, U.S. Department

of Transportation, Room Plaza 401, 400

Seventh Street, SW., Washington, DC

20590–0001. The Dockets Office is open

between 9:00 a.m. to 5:00 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Randall Petersen, Certification

Procedures Branch (AIR–110), Aircraft

Certification Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591,

telephone (202) 267–9583.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

You can get an electronic copy using

the Internet by taking the following

steps:

(1) Go to the search function of the

Department of Transportation’s

electronic Docket Management System

(DMS) web page (http://dms.dot.gov/

search).

(2) On the search page type in the last

four digits of the Docket number shown

at the beginning of this notice. Click on

‘‘search.’’

(3) On the next page, which contains

the Docket summary information for the

Docket you selected, click on the

document number for the item you

which to view.

You can also get an electronic copy

using the Internet through FAA’s web

page at http://www/faa/gov/avr/

armhome.htm or the Federal Register’s

web page at http://www.access.gpo.gov/

su_docs/aces/aces140.html.

Background

On June 7, 2000, the FAA published

a final rule titled ‘‘Type Certification

Procedures for Changed Products’’ (65

FR 36244). That final rule amended the

procedural regulations for the

certification of changes to type

certificated products, accomplished

through either an amended type

certificate or a supplemental type

certificate. The rule requires that major

changes to transport category airplanes

and restricted category airplanes that

have been type certificated using

transport category standards, be

evaluated under the new rules

beginning December 10, 2001 (18

months from the date of publication of

June 7, 2000). Major changes to all other

category aircraft and engines and

propellers are required to be evaluated

under the new rules beginning

December 9, 2002 (30 months from the

date of publication of June 7, 2000).

In the NPRM, the FAA certified that

the proposed rule would not have a

significant economic impact on a

substantial number of small entities. In

the final rule, the FAA revisited the

question of the potential impact on

small entities and determined that an

analysis under the regulatory flexibility

Act of 1980, as amended, was required.

Also noted in the final rule was the FAA

determination that implementation of

the rules would pose increased

information collection requirements.

The final rule contained a Regulatory

Flexibility Analysis and an information

collection review as required by the

Paperwork Reduction Act. The FAA

requested public comments on the

Regulatory Flexibility Analysis and the

information collection requirements.

This document addresses comments

received on the above final rule.

Discussion of Comments

The FAA received 12 comments. The

comments were from individuals,

manufacturers, repair stations, and

associations. We thank the industry for

taking the time to respond to our request

for comments.

Several commenters state that the

FAA had not complied with the Small

Business Regulatory Enforcement

Fairness Act (SBREFA). The FAA does

not agree. The regulatory flexibility

analysis did discuss the impact on small

entities and we briefed the Small

Business Administration on the rule, to

its apparent satisfaction.

One commenter suggested that the

cost of compliance would exceed

$15,000 dollars per Supplemental Type

Certificate application, compared with

the numbers used in the regulatory

flexibility analysis. Another commenter

raised similar concerns suggesting the

compliance cost estimate of $3,198

dollars was reasonably low. The FAA

compliance costs were developed

through use of statistical analysis and,

therefore, are an estimate of average

costs. The FAA recognizes that some

projects may exceed the estimated

average, but believes the averages are

the result of a valid statistical analysis.

Because the commenters did not supply

data to support the $15,000 dollar

estimate, nor any other estimate, we are

neither modifying our analysis nor the

rule.

Two commenters are concerned that

costs will increase because the

certification basis cannot absolutely be

determined until final FAA review.

They state that limitations on FAA

resources will cause extensive delays

and increased costs. The FAA

discussion of costs and benefits in the

final rule acknowledges that there may

be some additional administrative and

compliance costs. Those costs were

considered in the regulatory flexibility

analysis.

One commenter states that the

Paperwork Reduction Act burden is not

justified. The commenter submitted no

data to support a change in the

information collection analysis and no

change has been made.

Changes have not been made to the

rule as a result of consideration of these

comments. Many other comments

addressed issues beyond the scope

requested and these were not

considered, except as described below.

The FAA understands the industry

concerns with the implementation of

this rule and the certification process.

On August 22, 2000, we published in

the Federal Register (65 FR 51052) a

Notice of Availability and Request for

Comments on the associated guidance

material, Proposed Advisory Circular

(AC) No. 21.101–XX. Comments to this

rule and the AC were valuable and

assisted the FAA in clarifying the new

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Rules and Regulations 29417

certification process. When issued, the

advisory circular will be harmonized

with guidance issued by the Joint

Aviation Authorities (JAA) and

Transport Canada. The final AC should

be available in the near future.

Conclusion

After consideration of the comments

submitted in response to the final rule,

the FAA has determined that no further

rulemaking action is necessary.

Amendment Numbers 11–45, 21–77,

and 25–99 remain in effect as adopted.

Issued in Washington, DC, on May 22,

2001.

Jane F. Garvey,

Administrator.

[FR Doc. 01–13307 Filed 5–29–01; 8:45 am]

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