68374 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

Dated: November 3, 2005. 

Hector V. Barreto, 

Administrator. 

[FR Doc. 05–22430 Filed 11–9–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2003–14825; Notice No. 

05–13] 

RIN 2120–AH90 

Standard Airworthiness Certification of 

New Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The FAA is proposing 

language to supplement a proposal 

published in the Federal Register on 

February 15, 2005. This action is 

necessary to include in the proposal a 

provision from the recently enacted 

Safe, Accountable, Flexible, and 

Efficient Transportation Equity Act: A 

Legacy for Users. The supplemental 

language allows a person to 

manufacture one new aircraft based on 

a type certificate without holding the 

type certificate or having a licensing 

agreement from the type certificate 

holder, provided the manufacturing 

began before August 5, 2004. 

DATE: Send your comments on or before 

December 12, 2005. 

ADDRESSES: You may send comments 

identified by Docket Number FAA–

2003–14825 using any of the following 

methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dan 

Hayworth, Airworthiness Certification 

Branch, AIR–230, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, 

telephone (202) 267–8449. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD ROM, 

mark the outside of the disk or CD ROM 

and also identify electronically within 

the disk or CD ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68375 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

III, section 44701(a)(5). Under that 

section the FAA is charged to promote 

safe flight of civil aircraft in air 

commerce by prescribing regulations 

and minimum standards for practices, 

methods, and procedures that the 

Administrator finds necessary for safety 

in air commerce. Additionally, 

§ 44704(a)(3) specifically mandates that 

a ‘‘person may manufacture a new 

aircraft, aircraft engine, propeller, or 

appliance based on a type certificate 

(TC) only if such other person is the 

holder of the type certificate or has 

permission from the holder.’’ Paragraph 

(a)(4) of that section includes a 

limitation for aircraft manufactured 

before August 5, 2004 and states that 

‘‘paragraph (3) shall not apply to a 

person who began the manufacture of an 

aircraft before August 5, 2004, and who 

demonstrates to the satisfaction of the 

Administrator that such manufacture 

began before August 5, 2004.’’ That 

paragraph further states that ‘‘a person 

is permitted to invoke this exception 

with regard to the manufacture of one 

aircraft.’’ By prescribing requirements 

for manufacturers of new aircraft, this 

proposed regulation is within the scope 

of the Administrator’s general authority 

and fulfills the statutory mandate set 

forth in § 44704(a). 

Background 

On February 15, 2005, the FAA 

published in the Federal Register a 

proposal that, among other things, 

would incorporate into our regulations 

requirements contained in laws recently 

passed by Congress. See 70 FR 7829. 

One portion of the proposal would 

incorporate a provision enacted as part 

of Vision 100—Century of Aviation 

Reauthorization Act of 2003 (Pub. L. 

108–176, 117 Stat. 2490). Section 811 of 

that Act states that ‘‘a person may 

manufacture a new aircraft, aircraft 

engine, propeller, or appliance based on 

a type certificate (TC) only if such other 

person is the holder of the type 

certificate or has permission from the 

holder.’’ Accordingly, our proposal was 

to add a new section to our regulations, 

14 CFR 21.6, which would prohibit 

manufacture of a new aircraft, aircraft 

engine, or propeller based on a TC 

unless the manufacturer is the holder of 

the TC or has a licensing agreement 

from the holder to manufacture the 

product. The comment period on the 

proposal closed on April 18, 2005. 

The New Proposal 

The Safe, Accountable, Flexible, and 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU), Public 

Law 109–59, which was signed into law 

on August 10, 2005, contains an 

exception from the requirement that the 

manufacturer of a new aircraft based on 

a TC be the holder of the TC or have the 

permission of the TC holder. This 

exception is available with regard to the 

manufacture of only one aircraft, which 

the person seeking the exception must 

have begun manufacturing before 

August 5, 2004. 

In light of this development, we are 

requesting public comment on the 

corresponding language we are 

proposing as a supplement to the 

original proposal (discussed below). We 

are not requesting comment on other 

portions of the original proposal at this 

time. The comments we received in 

response to the original proposal are 

posted in the electronic docket for 

public information purposes. We plan to 

respond to the issues raised by the 

commenters on the original proposal in 

the final rule document. We will also 

respond to any comments we receive in 

response to this supplementary proposal 

at that time. 

Section 21.6 Manufacture of New 

Aircraft, Aircraft Engines, and 

Propellers 

The FAA proposes adding new 

§ 21.6(a) that would prohibit a person 

from manufacturing a new aircraft, 

aircraft engine, or propeller based on a 

type certificate unless the person: 

• Is the holder of the type certificate, 

or has a licensing agreement from the 

holder of the type certificate to 

manufacture the product; and 

• Meets the requirements of subpart F 

or G of part 21. 

The reference to subparts F and G 

means that the person would have to 

comply with our regulations governing 

production under a type certificate only 

or a production certificate, respectively, 

when manufacturing a new aircraft, 

aircraft engine, or propeller based on a 

type certificate. Proposed paragraph (a) 

is identical in content to § 21.6 in the 

original proposal. 

Proposed § 21.6(b) would allow a 

person to manufacture one aircraft 

without meeting the requirements of 

paragraph (a), provided that person can 

provide evidence acceptable to the 

Administrator that he or she began 

manufacturing the aircraft before August 

5, 2004. 

The exception for a person who began 

to manufacture an aircraft before August 

5, 2004 would apply only to aircraft, not 

to aircraft engines or propellers. This is 

based on the specific language of 

SAFETEA–LU, which specifically refers 

to aircraft, but not aircraft engines or 

propellers. The person seeking to 

manufacture a new aircraft under this 

exception would have to demonstrate to 

FAA’s satisfaction that manufacturing 

began before August 5, 2004. 

Documentation that could be used to 

demonstrate manufacture of the aircraft 

prior to that date would include items 

such as: Receipts for purchase of parts 

or materials; dated photographs; and 

dated information received from the 

FAA related to the manufacturing or 

certification process for the specific 

aircraft. 

Paperwork Reduction Act 

Information collection requirements 

in proposed § 21.6 have previously been 

approved by the Office of Management 

and Budget (OMB) under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)), and have been 

assigned OMB Control Number 2120–

0005. 

International Compatibility 

The FAA has determined that a 

review of the Convention on 

International Civil Aviation (ICAO) 

Standards and Recommended Practices 

is not warranted because there are no 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, Regulatory 

Planning and Review, directs the FAA 

to assess both the costs and benefits of 

a regulatory change. We are not allowed 

to propose or adopt a regulation unless 

we make a reasoned determination that 

the benefits of the intended regulation 

justify the costs. Our assessment of this 

proposal indicates that its economic 

impact is minimal. Since its costs and 

benefits do not make it a ‘‘significant 

regulatory action’’ as defined in the 

Order, we have not prepared a 

‘‘regulatory evaluation,’’ which is the 

written cost/benefit analysis ordinarily 

required for rulemaking proposals under 

the DOT Regulatory Policies and 

Procedures. We do not need to do the 

latter analysis where the economic 

impact of a proposal is minimal. 

68376 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, (5 U.S.C. 601 et seq.) directs the 

FAA to fit regulatory requirements to 

the scale of the business, organizations, 

and governmental jurisdictions subject 

to the regulation. We are required to 

perform a review when a proposed or 

final action will have a significant 

impact on a substantial number of 

‘‘small entities’’ as defined by the Act. 

If we find that the action will have a 

significant impact, we must do a 

‘‘regulatory flexibility analysis.’’

This proposed rule implements a oneaircraft exception to the requirement to 

obtain the TC holder’s permission for a 

person building a new aircraft based on 

a TC when that person’s manufacture of 

the aircraft began before August 5, 2004. 

Its economic impact is minimal. 

Therefore, we certify that this proposed 

action would not have a significant 

economic impact on a substantial 

number of small entities. 

Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. 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 proposed rule 

and has determined that it will impose 

the same costs on domestic and 

international entities and thus has a 

neutral trade impact. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (the Act), enacted as Public Law 

104–4 on March 22, 1995, is intended, 

among other things, to curb the practice 

of imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act 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 a $100 million or 

more expenditure (adjusted annually for 

inflation) 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 $120.7 

million in lieu of $100 million. 

The proposed rule does not contain 

such a mandate. Therefore, the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply. 

Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the Administrator, when 

modifying regulations in Title 14 of the 

CFR in a manner affecting intrastate 

aviation in Alaska, to consider the 

extent to which Alaska is not served by 

transportation modes other than 

aviation, and to establish such 

regulatory distinctions as he or she 

considers appropriate. Because this 

proposed rule would apply to the 

certification of aircraft built by 

individuals or small businesses and 

their subsequent operation, it could, if 

adopted, affect intrastate aviation in 

Alaska. The FAA therefore specifically 

requests comments on whether there is 

justification for applying the proposed 

rule differently in intrastate operations 

in Alaska. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

determined that this proposed rule does 

not have federalism implications. 

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 proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 308(c)(1) and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this SNPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects in 14 CFR Part 21 

Aircraft, Aviation safety, Exports, 

Imports, Reporting and recordkeeping 

requirements. 

The Proposed Amendment 

For the reasons stated above, the FAA 

proposes to amend part 21 of Title 14, 

Code of Federal Regulations as follows: 

PART 21—CERTIFICATION 

PROCEDURES FOR PRODUCTS AND 

PARTS 

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. 

2. Add new § 21.6 to read as follows: 

§ 21.6 Manufacture of new aircraft, aircraft 

engines, and propellers. 

(a) Except as specified in paragraph 

(b) of this section, no person may 

manufacture a new aircraft, aircraft 

engine, or propeller based on a type 

certificate unless the person: 

(1) Is the holder of the type certificate 

or has a licensing agreement from the 

holder of the type certificate to 

manufacture the product; and 

(2) Meets the requirements of subpart 

F or G of this part. 

(b) A person may manufacture one 

new aircraft based on a type certificate 

without meeting the requirements of 

paragraph (a) of this section if that 

person can provide evidence acceptable 

to the Administrator that the 

manufacture of the aircraft by that 

person began before August 5, 2004. 

Issued in Washington, DC, on November 4, 

2005. 

John J. Hickey, 

Director, Aircraft Certification Service. 

[FR Doc. 05–22457 Filed 11–9–05; 8:45 am] 

BILLING CODE 4910–13–P