[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1646]
[[Page Unknown]]
[Federal Register: January 27, 1994]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 121, et al.
Special Federal Aviation Regulations No. 36, Development of Major
Repair Data; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 127, 135, and 145
[Docket No. 17551; SFAR Amendment No. 36-6]
Special Federal Aviation Regulation No. 36, Development of Major
Repair Data
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends and extends Special Federal Aviation
Regulation (SFAR) No. 36, which provides that authorized repair station
and aircraft operating certificate holders may approve aircraft
products or articles for return to service after accomplishing major
repairs using self-developed repair data that have not been approved by
the Federal Aviation Administration (FAA). Amendments include
clarification of the scope of the SFAR authorization. Extension of the
regulation continues to provide, for those that qualify, an alternative
from the requirement to obtain FAA approval of major repair data on a
case-by-case basis, and allows additional time for the FAA to
incorporate the SFAR provisions into the regulations.
DATES: Effective January 23, 1994 and terminates January 23, 1999.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Continued Airworthiness
Staff, Aircraft Engineering Division, AIR-107, Federal Aviation
Administration, 800 Independence Ave., SW., Washington, DC 20591,
telephone: (202) 267-7218.
Supplementary Information:
Background
Notice No. 93-15, Special Federal Aviation Regulation No. 36,
Development of Major Repair Data, was published in the Federal Register
on Thursday, October 21, 1993; the comment period closed on November
22, 1993. Ten comments were received and are addressed below in the
section entitled Discussion of Comments.
In the NPRM, the FAA proposed amending and extending the
termination date of Special Federal Aviation Regulation (SFAR) No. 36,
which allows authorized certificate holders (domestic repair stations,
air carriers, air taxi operators of large aircraft, and commercial
operators of large aircraft) to approve aircraft products and articles
for return to service after accomplishing major repairs using data
developed by the holder that have not been approved by the FAA.
Currently, more than 40 air carrier and domestic repair station
certificate holders currently have SFAR 36 authorizations that will
terminate on January 23, 1994.
Since the SFAR was initially adopted in 1978, some of the
regulatory language has received differing field interpretation. As a
result, some repaired products have been returned to service by SFAR 36
authorization holders that did not have return to service authority.
These interpretations are the result of changes in the repair industry
since the initial adoption of the rule. The original SFAR 36 did not
foresee that some repair stations would be authorized only to perform
maintenance on parts or components of articles without authorization to
return them to service. These interpretations of eligibility have
allowed several SFAR 36 authorizations to be issued and used
inconsistently with the original intent of the SFAR.
An aircraft ``product'' is an aircraft, airframe, aircraft engine,
propeller, or appliance. An aircraft ``article'' is an airframe,
powerplant, propeller, instrument, radio, or accessory. Although some
repair stations are authorized only to perform maintenance on parts of
articles or products, some SFAR 36 authorizations were used by these
repair station certificate holders to approve the articles and products
for return to service.
The FAA has found that while repair stations that specialize in the
repair of parts or components of aircraft articles or products may have
the technical capability and scope sufficient for the individual
repair, they do not necessarily possess the overall knowledge necessary
for returning an article or product to service. Only repair stations
and air carriers that understand the form, fit, and function of an
aircraft article or product should be authorized to approve that
article or product for return to service after a major repair.
Furthermore, one must understand the form, fit, and function of the
article or product in order to fully evaluate the ramifications of a
major repair being developed for that article or product. When the FAA
finds that a repair station or air carrier has that necessary
understanding, the FAA issues it a certificate and operations
specifications commensurate with that finding, and the repair station
or air carrier is granted return to service authority. This higher
level of certitude by the FAA in the work and knowledge of the repair
station or carrier that is authorized to approve the rated article or
product for return to service is the basis for the SFAR 36
authorization to develop and use data for major repairs without FAA
approval of the data. The preamble to the original SFAR 36 reflected
this intent to limit the authorization to these repair stations and
carriers when it discussed the need to have damaged aircraft repaired
and returned to service as quickly as possible. The SFAR 36 system was
never intended to support repairs accomplished further up in the repair
stream.
History
Prior to the adoption of SFAR 36, certificate holders that were
qualified to make repairs were required to obtain FAA approval on a
case-by-case basis for data they had developed to perform major
repairs. The only alternative to the time-consuming, case-by-case
approval method was to petition for and obtain an exemption granting
relief from the regulation. The number of exemptions being granted
indicated that revisions to the Federal Aviation Regulations (FAR) were
necessary, and SFAR 36 was adopted on January 23, 1978, as an interim
rulemaking action. Adoption of the SFAR eliminated the requirement for
authorized certificate holders to petition for exemption from the
regulation, and allowed the FAA additional time to obtain the
information necessary to develop a permanent rule change. Most of the
affected certificate holders, however, did not use the provisions of
SFAR 36 until it was well into its second year and nearing its
expiration date of January 23, 1980. Since the FAA did not yet have
sufficient data upon which to base a permanent rule change, the
termination data for SFAR 36 was extended to January 23, 1982.
Although the FAA has considered consolidating certain
authorizations along with those issued under SFAR 36 to make them
permanent parts of the regulations, no rulemaking action has been
undertaken, and SFAR 36 has been extended three times. Currently,
permanent regulatory action is under consideration by the Aviation
Rulemaking Advisory Committee (ARAC).
Synopsis of the Rule
Section 1
The FAA defines aircraft ``product,'' ``article,'' and
``component'' for the purpose of the SFAR. The definitions explain more
clearly an authorization holder's return to service authority.
Section 2
The FAA restates the general provisions of the current SFAR in
terms applicable to the individual types of eligible certificate
holders. Paragraph (c) of section 2 clarifies that an SFAR 36
authorization does not expand the scope of authority of a repair
station certificate holder; i.e., it does not give a repair station
return to service authority for any article for which it is not rated
or change the articles it is rated to repair.
Section 3
Section 3 states that an authorized certificate holder may approve
an aircraft product or article for return to service after
accomplishing a major repair, using data not approved by the
Administrator, only in accordance with the amended SFAR. Section 3
requires that the data used to perform the major repair be developed
and ``approved'' in accordance with the holder's authorization and
procedures manual. Section 3 also enables an authorization holder to
use its developed repair data on a subsequent repair of the same type
of product or article. For each subsequent repair, the holder must
determine that accomplishment of the repair, using previously developed
data, will return the product or article to its original or properly
altered condition and will conform to all applicable airworthiness
requirements. In addition, each subsequent use of the data would have
to be recorded in the authorization holder's SFAR records.
Section 4
Section 4 describes the procedures for applying for an SFAR 36
authorization.
Section 5
Section 5 identifies the requirements a certificate holder must
meet to be eligible for an SFAR 36 authorization. Paragraphs (a)(2),
(a)(3), and (b) define the personnel required and incorporate
clarifying changes from the current SFAR. Paragraph (c) contains the
reporting requirement of the current SFAR that pertains to changes that
could affect the holder's continuing ability to meet the SFAR
requirements.
Section 6
Section 6 describes the procedures manual requirements. Paragraph
(c) of section 6 requires that an authorization holder that experiences
a change in procedures or staff obtain and record FAA approval of the
change in order to continue to approve products or articles for return
to service.
Section 7
Section 7 states that SFAR 36 terminates on January 23, 1999. All
authorizations issued under this SFAR will terminate on that date
unless earlier surrendered, suspended, revoked, or otherwise
terminated. Section 7 also allows previous authorization holders to
either surrender their SFAR 36-developed data to the FAA or to maintain
the data indefinitely and make it available to the FAA for inspection.
Section 8
Section 8 prohibits the transfer of an SFAR 36 authorization.
Section 9
Section 9 contains the inspection provisions of the current SFAR.
It also emphasizes that the FAA must be able to determine whether an
applicant has, or a holder maintains, personnel adequate to comply with
the provisions of the SFAR and any additional limitations contained in
the authorization.
Section 10
Section 10 re-emphasizes that an SFAR 36 authorization does not
expand the scope of products or articles that an aircraft operator or
repair station is authorized to approve for return to service. This
section also emphasizes that the authorization allows a holder to
approve for return to service a product or article after major repair
performed by the holder using data developed by the holder without FAA
approval of that data.
Section 11
Section 11 contains the provision that each SFAR 36 authorization
holder must comply with any additional limitations prescribed by the
Administrator and made a part of the authorization.
Sections 12 and 13
Sections 12 and 13 address data review and service experience
requirements and record keeping requirements. Section 12 states the
circumstances in which a holder will be required to submit the
information necessary for corrective action on a repair. Paragraph (b)
of section 13 lists the identification information required rather than
use the term ``FAA identification,'' which has been the source of
confusion in previous versions of the regulation.
As noted above, the termination date for SFAR 36 is January 23,
1999. The 5-year extension was chosen to allow enough time for the ARAC
to deliberate and forward a recommendation, and enough time for the FAA
to deliberate and act upon it. On or about the effective date of this
final rule, each FAA office having jurisdiction over a current SFAR 36
authorization will reevaluate each holder in terms of the amended rule.
All current holders will be notified in writing as to whether they
continue to qualify under the amended rule.
The FAA will work with those holders that no longer qualify to
establish, where possible, means to perform approved major repairs. The
means may include submitting repair data to an aircraft certification
office (ACO) for approval, utilizing a consultant designated
engineering representative (DER) to approve the data, or employing a
company DER.
The extension of SFAR 36 will allow uninterrupted major repair
activity by the current authorization holders that qualify under the
amended SFAR; those authorizations will be extended without the holders
reapplying for authorization. The extension will also allow a new,
qualified applicant to obtain an authorization instead of petitioning
for exemption from the regulations.
Discussion of Comments
Interested persons were afforded the opportunity to participate in
development of this rulemaking by submitting written comments to the
public regulatory docket on or before November 22, 1993. All comments
received have been reviewed and duly considered in promulgating this
final rule; comments received after November 22, 1993, have been
considered to the extent possible without delaying this rulemaking
action. Ten comments were received; two from foreign aviation industry
companies, three from domestic aviation industry companies, and five
from domestic aviation industry associations. One of the foreign
commenters only requests a copy of the NPRM and does not offer
substantive comments. Of the remaining nine comments, one opposes the
NPRM and four support it. The other four commenters do not declare
agreement or opposition to the NPRM, but submit comments and
suggestions.
Four commenters state that a repair station that has the authority
to return to service a product or article should be able to develop and
use major repair data for components or parts of those products and
articles and return them to service as well. One of these commenters
suggested that the FAA meant to imply that air carriers and repair
stations that accomplish major repairs on products or articles are not
qualified to accomplish major repairs on parts or components of those
products or articles. The FAA agrees that repair stations with the
authority to return to service a product or article are qualified and
must be able to develop and use major repair data to perform repairs on
components or parts of those products or articles. The FAA disagrees,
however, that the repair station should automatically be permitted to
return to service those components or parts, unless the components or
parts are reinserted into the original product or article before
leaving the repair station. This SFAR addresses the development of
major repair data; the issues concerning accomplishing the repair and
return to service authority for repair stations for components or parts
is beyond the scope of this rulemaking, and no changes are made to the
NPRM pursuant to these comments.
Two commenters suggest that the final rule should allow current
holders of the SFAR 36 authorization to continue to use the
authorization for the term of the extension, or until a permanent rule
is in place. One of these commenters read the NPRM to mean that repair
stations currently conducting work under SFAR 36 must discontinue such
work. The FAA disagrees; the rule does not require that work be
discontinued, but rather that the repair station performing the work be
truly qualified before returning an article to service. As was stated
in the NPRM, some SFAR 36 authorizations were issued in error, due to
misinterpretations of the rule. The FAA has determined that the error
must not continue and those authorizations issued in error can not be
extended without the authorization holders meeting all qualifications.
The rule language proposed in the NPRM is retained to clarify the
qualifications.
One commenter is concerned that its current authorization may lapse
on the termination date of January 23, 1994. To ensure a smooth
transition, current SFAR 36 authorization holders will be permitted to
use their authorizations until the FAA notifies them that they do not
continue to qualify to hold the authorization.
One commenter proposes that the rule include a system of positive
identification on the restored product with traceability directly back
to the facility performing the major repair and to the specific data
package authorizing the major repair. The FAA agrees that this issue
has merit; however, such a requirement would add a substantial burden
not proposed in the NPRM. The suggestion is beyond the scope of this
rulemaking. Future documents such as Advisory Circulars, FAA Orders, or
other rulemaking projects, including those developed in the ARAC, may
consider this suggestion, if applicable.
One commenter suggests allowing foreign repair stations to use SFAR
36 authorizations to develop and use major repair data. The FAA
disagrees; SFAR 36 has never been available to foreign repair stations.
The resources and database systems currently available to oversee
foreign operations are not sufficient to adequately monitor such SFAR
36 authorizations. The rule will not be expanded to include foreign
repair stations.
One commenter suggests that the current SFAR 36 does not need
clarification, but rather Secs. 145.51(b) and 145.53 of the Federal
Aviation Regulations, which address return to service authority and
maintenance of rated items, need to be enforced. The FAA disagrees; the
erroneous issuance of SFAR 36 authorizations demonstrates that
ambiguity exists in the current rule. The rule sections cited by the
commenter are not at issue in improper SFAR 36 authorizations.
Increased enforcement of other regulations would not change the
ambiguity that exists in SFAR 36.
One commenter suggests that the three subsections of section 2 of
the rule be considered into one paragraph, along with other minor
revisions. The FAA realizes that some of the material in these
subsections is repeated, but the subsections do refer to different
sections of the regulations. Part of the confusion with the current
SFAR stems from the very combinations of information suggested by the
commenter. Section 2 was divided into three sections in order to
clarify what is available to different applicants.
One commenter suggests that section 6 of the NPRM be amended to add
that the Administrator must approve within 15 days a change in repair
station staff necessary to meet other requirements of the regulation or
a change in procedures approved under a separate paragraph of the
regulation. The FAA disagrees; often, more than 15 days is needed to
conduct research necessary to verify a new staff member's background
and ability or to evaluate procedures. The FAA can not grant approval
to necessary staff personnel or procedures without thoroughly
investigating all issues involved to ensure that the level of safety
intended by the rule continues to be met. No time limit for FAA
approval will be added to Section 6.
One commenter states that the qualifications of the SFAR 36 staff
engineering personnel should be consistent with qualifications assigned
to Designated Engineering Representatives with regard to damage
tolerance requirements. The FAA agrees; this issue is addressed in
Section 5(a)(3), which identifies engineering personnel that can
determine compliance with the applicable airworthiness requirements of
the regulations. Therefore, no change is made to the final rule.
Two commenters propose that section 5 of the SFAR be amended to
state that the applicant must have authority to repair products or
articles to be eligible to apply for an SFAR 36 authorization. The FAA
agrees that this is a helpful clarification; the final rule
incorporates this change.
One commenter proposes that the words ``article'' and ``product''
should both appear wherever one is currently used to encompass all
items intended. The FAA agrees in part, and has further determined that
the final rule should reflect one term where one most clearly states
the applicability of the corresponding provision. For example, FAR
Section 121.379(b) states that a certificate holder may approve for
return to service a product after maintenance, etc., performed under
paragraph (a) of Section 121.379. FAR Section 145.51b states that a
repair station certificate holder may approve for return to service any
article for which it is rated. Accordingly, the final rule has been
revised to use ``product'' when referring to repairs performed by air
carrier and air taxi certificate holders, and to use ``article'' when
referring to repairs performed by repair station certificate holders;
the final rule uses both terms where it does not distinguish between
the certificate holders.
One commenter suggests that clarification is needed as to whether a
repair station may continue to utilize major repair data developed
previously under its SFAR 36 authorization if that authorization
ceases, terminates, or expires. The FAA agrees that a clarification is
needed. A holder whose authorization has expired or has been terminated
may not use data previously developed under its authorization to
perform a major repair and return the product or article to service;
the relevant provisions of FAR parts 121, 127, and 145 cited in Section
2 of the proposed and final rule prohibit that return to service.
In addition, Section 7 of the final rule requires the holder to
surrender its SFAR 36-developed data to the FAA. However, the FAA
acknowledges that a holder whose authorization has expired or been
terminated may have a legitimate future use for the data; e.g., the
holder may apply to the FAA to have the data approved. Accordingly, to
accommodate the FAA's continued airworthiness concerns and a holder's
interest in data it has developed, Section 7 of the final rule has been
revised to allow a former authorization holder to surrender its SFAR
36-developed data, or maintain its data indefinitely and make the data
available to the FAA for inspection.
Paperwork Reduction Act
Information collection requirements in SFAR 36-6 have been approved
by the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act of 1980 (Pub. L. 96-511) and have been
assigned the OMB Control Number 2120-0507. For further information
contact: The Information Requirements Division, M-34, Office of the
Secretary of Transportation, 400 Seventh Street, SW., Washington, DC
20590, (202) 366-4735.
Regulatory Evaluation
This section summarizes the regulatory evaluation prepared by the
FAA on the amendments to 14 CFR parts 121, 127, 135, and 145--Special
Federal Aviation Regulation No. 36, Development of Major Repair Data.
This summary and the full regulatory evaluation quantify, to the extent
practicable, estimated costs and anticipated benefits to the private
sector consumers, and Federal, State, and local governments.
The FAA has determined that this rulemaking is not a ``significant
regulatory action'' as defined by Executive Order 12866 (Regulatory
Planning and Review). The anticipated costs and benefits associated
with this final rule are summarized below. (A detailed discussion of
costs and benefits is contained in the full regulatory evaluation in
the docket for this final rule).
Cost Analysis
The FAA estimates that the one-time total cost of compliance will
be approximately $55 for the industry and about $840 for the FAA. This
cost estimate was derived based upon two components: (1) Current SFAR
36 certificate holders (that will not qualify under the amended rule)
applying for a DER, and (2) FAA costs to review SFAR 36 and DER
authorizations.
Benefit Analysis
The final rule, with the amended extension date, will allow certain
firms to continue to operate under SFAR 36, and will avoid economic
hardship to those relying on it as it presently exists. The final rule
will also eliminate ambiguities that exist in the present rule. These
ambiguities have allowed component repair stations that do not have
return to service authorization to receive SFAR 36 authorizations.
Repair stations that specialize in component or piece parts of products
(instead of aircraft engines or air frames, for example) and are not
returning those products to service, do not necessarily possess the
overall knowledge necessary for returning an article or product to
service. Only repair stations and air carriers that understand the
form, fit, and function of an aircraft article or product should be
authorized to approve that article or product for return to service
after a major repair.
There have been no known documented instances where aviation safety
has been compromised as a result of these repaired products being
returned. Nevertheless, the level of certitude should not be
compromised, and only those that understand the form, fit, and function
of the product should be permitted to return the product to service.
The benefits of this action are the potential improvements in
aviation safety.
Comparison of Costs and Benefits
The costs associated with this final rule ($55 to industry and $840
to the FAA) are minimal. In view of the negligible costs of the rule,
coupled with benefits in the form of enhanced safety to all aircraft
operators, the FAA has determined that the rule will be cost-
beneficial.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that small
entities are not unnecessarily and disproportionately burdened by
Government regulations. The RFA requires agencies to review rules that
may have a significant economic impact on a substantial number of small
entities. The costs associated with this final rule are below any
threshold established by FAA Order 2100.143A. Therefore, the final rule
will not have a significant economic impact on any small entity.
International Trade Impact Assessment
This final rule will have neither an effect on the sale of foreign
aviation products or services in the United States, nor an effect on
the sale of U.S. products or services in foreign countries since it
does not impose costs on aircraft operators or U.S. or foreign aircraft
manufacturers.
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the states, on the relationship between the national
government and the states, nor the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule will not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Justification for Immediate Adoption
The FAA has determined that delay in the adoption of this rule
would cause undue burden to qualified domestic repair stations, air
carriers, air taxi operators with large aircraft, and commercial
operators of large aircraft. These companies use their SFAR 36
authorizations to develop and use data not formerly approved by the FAA
for major repairs on products and articles. Current SFAR 36
authorizations will terminate on January 23, 1994, and this rule must
be effective for the companies affected to continue to use data
developed under the authorization to perform major repairs.
Accordingly, the FAA has determined that good cause exists to make this
rule effective in less than 30 days.
Conclusion
I certify that this final rule: (1) Is not a significant regulatory
action under Executive Order 12866; (2) is not a significant rule under
DOT Regulatory Policies and Procedures for Simplification, Analysis,
and Review of Regulations (44 CFR 11034, February 26, 1979); and (3)
will not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. In addition, this final rule has little or
no impact on trade opportunities for U.S. firms doing business
overseas, or on foreign firms doing business in the United States.
List of Subjects
14 CFR Part 121
Air carriers, Airworthiness directives and standards, Aviation
safety, Safety.
14 CFR Part 127
Air carriers, Aircraft, Airmen, Airworthiness, Aviation safety,
Helicopters.
14 CFR Part 135
Air carriers, Air taxis, Air transportation, Aircraft, Airmen,
Airplanes, Airworthiness, Aviation safety, Helicopters, Safety.
14 CFR Part 145
Air carriers, Air transportation, Aircraft, Aviation safety,
Safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR parts 121, 127, 135, and 145 as follows:
PART 121--[AMENDED]
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-
1430, 1472, 1485, and 1502; 49 U.S.C. 106(g).
PART 127--[AMENDED]
2. The authority citation for part 127 continues to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1421, 1422, 1423, 1424, 1425,
1430, 49 U.S.C. 106(g).
PART 135--[AMENDED]
3. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. app. 1354(a), 1355(a), 1421-1431, and 1502;
49 U.S.C. 106(g).
PART 145--[AMENDED]
4. The authority citation for part 145 continues to read as
follows:
Authority: Secs. 313, 314, 601, and 607, 72 Stat. 752; 49 U.S.C.
app. 1354(a), 1355, 1421 and 1427; unless otherwise noted.
5. In parts 121, 127, 135, and 145, Special Federal Aviation
Regulation No. 36, the text of which is found at the beginning of part
121, is revised to read as follows:
SFAR No. 36
1. Definitions. For purposes of this Special Federal Aviation
Regulation--
(a) A product is an aircraft, airframe, aircraft engine,
propeller, or appliance;
(b) An article is an airframe, powerplant, propeller,
instrument, radio, or accessory; and
(c) A component is a part of a product or article.
2. General. (a) Contrary provisions of Sec. 121.379(b) of the
Federal Aviation Regulations notwithstanding, the holder of an air
carrier operating or commercial operating certificate, or the holder
of an air taxi operating certificate that operates large aircraft,
that has been issued operations specifications for operations
required to be conducted in accordance with 14 CFR part 121, may
perform a major repair on a product, as described in
Sec. 121.379(a), using technical data that have not been approved by
the Administrator, and approve that product for return to service,
if authorized in accordance with this Special Federal Aviation
Regulation.
(b) Contrary provisions of Sec. 127.40(b) of the Federal
Aviation Regulations notwithstanding, the holder of an air carrier
operating certificate that has been issued operations specifications
for operations required to be conducted in accordance with 14 CFR
part 127 may perform a major repair on a product as described in
Sec. 127.140(a), using technical data that have not been approved by
the Administrator, and approve that product for return to service,
if authorized in accordance with this Special Federal Aviation
Regulation.
(c) Contrary provisions of Sec. 145.51 of the Federal Aviation
Regulations notwithstanding, the holder of a domestic repair station
certificate under 14 CFR part 145 may perform a major repair on an
article for which it is rated, using technical data not approved by
the Administrator, and approve that article for return to service,
if authorized in accordance with this Special Federal Aviation
Regulation. If the certificate holder holds a rating limited to a
component of a product or article, the holder may not, by virtue of
this Special Federal Aviation Regulation, approve that product or
article for return to service.
3. Major Repair Data and Return to Service. (a) As referenced in
section 2 of this Special Federal Aviation Regulation, a certificate
holder may perform a major repair on a product or article using
technical data that have not been approved by the Administrator, and
approve that product or article for return to service, if the
certificate holder--
(1) Has been issued an authorization under, and a procedures
manual that complies with, Special Federal Aviation Regulation No.
36, effective on January 23, 1994;
(2) Has developed the technical data in accordance with the
procedures manual;
(3) Has developed the technical data specifically for the
product or article being repaired; and
(4) Has accomplished the repair in accordance with the
procedures manual and the procedures approved by the Administrator
for the certificate.
(b) For purposes of this section, an authorization holder may
develop technical data to perform a major repair on a product or
article and use that data to repair a subsequent product or article
of the same type as long as the holder--
(1) Evaluates each subsequent repair and the technical data to
determine that performing the subsequent repair with the same data
will return the product or article to its original or properly
altered condition, and that the repaired product or article conforms
with applicable airworthiness requirements; and
(2) Records each evaluation in the records referenced in
paragraph (a) of section 13 of this Special Federal Aviation
Regulation.
4. Application. The applicant for an authorization under this
Special Federal Aviation Regulation must submit an application, in
writing and signed by an officer of the applicant, to the FAA Flight
Standards District Office charged with the overall inspection of the
applicant's operations under its certificate. The application must
contain--
(a) If the applicant is
(1) The holder of an air carrier operating or commercial
operating certificate, or the holder of an air taxi operating
certificate that operates large aircraft, the--
(i) The applicant's certificate number; and
(ii) The specific product(s) the applicant is authorized to
maintain under its certificate, operations specifications, and
maintenance manual; or
(2) The holder of a domestic repair station certificate--
(i) The applicant's certificate number;
(ii) A copy of the applicant's operations specifications; and
(iii) The specific article(s) for which the applicant is rated;
(b) The name, signature, and title of each person for whom
authorization to approve, on behalf of the authorization holder, the
use of technical data for major repairs is requested; and
(c) The qualifications of the applicant's staff that show
compliance with section 5 of this Special Federal Aviation
Regulation.
5. Eligibility. (a) To be eligible for an authorization under
this Special Federal Aviation Regulation, the applicant, in addition
to having the authority to repair products or articles must--
(1) Hold an air carrier, commercial, or air taxi operating
certificate, and have been issued operations specifications for
operations required to be conducted in accordance with 14 CFR part
121 or 127, or Sec. 135.2, or hold a domestic repair station
certificate under 14 CFR part 145;
(2) Have an adequate number of sufficiently trained personnel in
the United States to develop data and repair the products that the
applicant is authorized to maintain under its operating certificate
or the articles for which it is rated under its domestic repair
station certificate;
(3) Employ, or have available, a staff of engineering personnel
that can determine compliance with the applicable airworthiness
requirements of the Federal Aviation Regulations.
(b) At least one member of the staff required by paragraph
(a)(3) of this section must--
(1) Have a thorough working knowledge of the applicable
requirements of the Federal Aviation Regulations;
(2) Occupy a position on the applicant's staff that has the
authority to establish a repair program that ensures that each
repaired product or article meets the applicable requirements of the
Federal Aviation Regulations;
(3) Have at least one year of satisfactory experience in
processing engineering work, in direct contact with the FAA, for
type certification or major repair projects; and
(4) Have at least eight years of aeronautical engineering
experience (which may include the one year of experience in
processing engineering work for type certification or major repair
projects).
(c) The holder of an authorization issued under this Special
Federal Aviation Regulation shall notify the Administrator within 48
hours of any change (including a change of personnel) that could
affect the ability of the holder to meet the requirements of this
Special Federal Aviation Regulation.
6. Procedures Manual. (a) A certificate holder may not approve a
product or article for return to service under section 2 of this
Special Federal Aviation Regulation unless the holder----
(1) Has a procedures manual that has been approved by the
Administrator as complying with paragraph (b) of this section; and
(2) Complies with the procedures contained in this procedures
manual.
(b) The approved procedures manual must contain--
(1) The procedures for developing and determining the adequacy
of technical data for major repairs;
(2) The identification (names, signatures, and responsibilities)
of officials and of each staff member described in section 5 of this
Special Federal Aviation Regulation who--
(i) Has the authority to make changes in procedures that require
a revision to the procedures manual; and
(ii) Prepares or determines the adequacy of technical data,
plans or conducts tests, and approves, on behalf of the
authorization holder, test results; and
(3) A ``log of revisions'' page that identifies each revised
item, page, and date of revision, and contains the signature of the
person approving the change for the Administrator.
(c) The holder of an authorization issued under this Special
Federal Aviation Regulation may not approve a product or article for
return to service after a change in staff necessary to meet the
requirements of section 5 of this regulation or a change in
procedures from those approved under paragraph (a) of this section,
unless that change has been approved by the FAA and entered in the
procedures manual.
7. Duration of Authorization. Each authorization issued under
this Special Federal Aviation Regulation is effective from the date
of issuance until January 23, 1999, unless it is earlier
surrendered, suspended, revoked, or otherwise terminated. Upon
termination of such authorization, the terminated authorization
holder must:
(a) Surrender to the FAA all data developed pursuant to Special
Federal Aviation Regulation No. 36; or
(b) Maintain indefinitely all data developed pursuant to Special
Federal Aviation Regulation No. 36, and make that data available to
the FAA for inspection upon request.
8. Transferability. An authorization issued under this Special
Federal Aviation Regulation is not transferable.
9. Inspections. Each holder of an authorization issued under
this Special Federal Aviation Regulation and each applicant for an
authorization must allow the Administrator to inspect its personnel,
facilities, products and articles, and records upon request.
10. Limits of Applicability. An authorization issued under this
Special Federal Aviation Regulation applies only to--
(a) A product that the air carrier, commercial, or air taxi
operating certificate holder is authorized to maintain pursuant to
its continuous airworthiness maintenance program or maintenance
manual; or
(b) An article for which the domestic repair station certificate
holder is rated. If the certificate holder is rated for a component
of an article, the holder may not, in accordance with this Special
Federal Aviation Regulation, approve that article for return to
service.
11. Additional Authorization Limitations. Each hold of a
authorization issued under this Special Federal Aviation Regulation
must comply with any additional limitations prescribed by the
Administrator and made a part of the authorization.
12. Data Review and Service Experience. If the Administrator
finds that a product or article has been approved for return to
service after a major repair has been performed under this Special
Federal Aviation Regulation, that the product or article may not
conform to the applicable airworthiness requirements or that an
unsafe feature or characteristic of the product or article may
exist, and that the nonconformance or unsafe feature or
characteristic may be attributed to the repair performed, the holder
of the authorization, upon notification by the Administrator,
shall--
(a) Investigate the matter;
(b) Report to the Administrator the results of the investigation
and any action proposed or taken; and
(c) If notified that an unsafe condition exists, provide within
the time period stated by the Administrator, the information
necessary for the FAA to issue an airworthiness directive under part
39 of the Federal Aviation Regulations.
13. Current Records. Each holder of an authorization issued
under this Special Federal Aviation Regulation shall maintain, at
its facility, current records containing--
(a) For each product or article for which it has developed and
used major repair data, a technical data file that includes all data
and amendments thereto (including drawings, photographs,
specifications, instructions, and reports) necessary to accomplish
the major repair;
(b) A list of products or articles by make, model,
manufacturer's serial number (including specific part numbers and
serial numbers of components) and, if applicable, FAA Technical
Standard Order (TSO) or Parts Manufacturer Approval (PMA)
identification, that have been repaired under the authorization; and
(c) A file of information from all available sources on
difficulties experienced with products and articles repaired under
the authorization.
This Special Federal Aviation Regulation terminates January 23,
1999.
Issued in Washington, DC, on January 21, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-1646 Filed 1-21-94; 4:24 pm]
BILLING CODE 4910-13-M