[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Page 66607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26590]



[[Page 66607]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 145

[Docket No. FAA-2006-26408, Amdt. No. 145-30A]
RIN 2120-AJ61


Repair Stations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration (FAA) is correcting a 
final rule published in the Federal Register on August 12, 2014, (79 FR 
46974). In that rule, the FAA removed a word to address what the agency 
perceived to be a previous oversight. After publication, and based on 
information in a petition for rulemaking, the FAA realized that the 
word should remain. Since the final rule's changes do not become 
effective until November 10, 2014, this correction will ensure that the 
word remains in the regulation.

DATES: Effective November 10, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Susan Traugott, Repair Station Branch (AFS-340), 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington DC, 20591; telephone (214) 277-8534; email 
<a href="/cdn-cgi/l/email-protection#ebb89e988a85c5a6c5bf998a9e8c849f9fab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="f7a482849699d9bad9a385968290988383b7919696d9909881">[email protected]</span></a>. For legal questions concerning this action, 
contact Edmund Averman, Office of the Chief Counsel (AGC-210), Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, 
DC20591; telephone (202) 267-3147; email <a href="/cdn-cgi/l/email-protection#3d7859137c4b584f505c537d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="8cc9e8a2cdfae9fee1ede2cceaededa2ebe3fa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2014, the FAA published a final rule entitled 
``Repair Stations,'' (79 FR 46974). In that rule, among other things, 
the agency stated it was making a correction to Sec.  145.221(a) to 
remove what it said was the ``erroneous insertion of the word `serious' 
when addressing the service difficulty reporting requirements from any 
failure, malfunction, or defect.'' We noted that the word ``serious'' 
was removed through notice and comment rulemaking in a 2001 final rule 
entitled ``Repair Stations,'' (66 FR 41088; August 6, 2001). We stated 
that the word ``serious'' had been ``inadvertently inserted by a 
separate final rule entitled `Service Difficulty Reports,'' (65 FR 
56191, September 15, 2000).''
    The agency erred when it stated that the September 15, 2000 final 
rule erroneously inserted the word ``serious'' in the repair station 
rules for service difficulty reporting. The 2000 rule did not insert 
the word ``serious''--it simply retained it in the predecessor defect 
reporting regulations that the agency was amending for unrelated 
purposes. Those rules had limited the types of reports required to only 
those involving defects that were ``serious'' since at least 1964. In 
the 2001 amendments, the agency inadvertently omitted the word 
``serious'' in new Sec.  145.221(a). (66 FR 41088; August 6, 2001). The 
agency restored the term in 2003 correctly, noting that ``it was not 
the FAA's intent to require repair stations to report all failures, 
malfunctions, and defects.'' ``Repair Stations: Service Difficulty 
Reporting,'' (68 FR 75380; December. 30, 2003).
    On September 22, 2014, eight aviation-related organizations jointly 
filed a petition for rulemaking with the FAA (Docket No. FAA-2014-
0767). Petitioners included: Aeronautical Repair Station Association, 
Aerospace Industries Association, Aircraft Electronics Association, 
Airlines for America, Cargo Airline Association, General Aviation 
Manufacturers Association, National Air Carrier Association, and 
National Air Transportation Association (collectively, the 
``Petitioners''). The Petitioners stated that the FAA erred in removing 
the word ``serious'' from Sec.  145.221(a). While acknowledging the 
above-referenced changes cited by the FAA in the 2014 final rule, the 
Petitioners further noted that the word ``serious'' was deliberately 
and correctly reinserted in a December 30, 2003 final rule (68 FR 
75381).
    After reviewing the 2003 final rule, the FAA agrees with the 
Petitioners and is instructing the Federal Register not to remove the 
word ``serious'' in Sec.  145.221(a).
    In FR rule document 2014-18938, appearing on page 46971 in the 
Federal Register of Tuesday, August 12, 2014, the following correction 
is made:


Sec.  145.221  [Corrected]

    1. On page 46985, in the first column, in Sec.  145.221, paragraph 
(a), add the word ``serious'' before the phrase ``failure, malfunction, 
or defect of an article.''

    Issued under authority of 49 U.S.C. 106(f), 44701(a), and 44707 
in Washington, DC, on November 4, 2014.
Lirio Liu
Director, Office of Rulemaking.
[FR Doc. 2014-26590 Filed 11-7-14; 8:45 am]
BILLING CODE 4910-13-P


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