[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Rules and Regulations]
[Pages 29416-29417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13307]



[[Page 29415]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 11 et al.



Type Certification Procedures for Changed Products; Final Rule

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

[[Page 29416]]


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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.

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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

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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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