Proposed Rule2023-22647
Foreign Civil Aviation Authority Certifying Statements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is withdrawing a previously published NPRM, "Compliance with applicable regulations," that proposed excluding its applicability to import products that have been type certificated outside of the United States by a foreign civil aviation authority bilateral partner. These products are validated by FAA consistent with the requirements in the rulemaking, "Issue of type certificate: import products." The NPRM proposed to eliminate the requirement for redundant compliance statements by both the foreign civil aviation authority and the foreign applicant.
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Proposed Rules]
[Pages 70912-70913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22647]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No.: FAA-2018-1052; Notice No. 18-09]
RIN 2120-AL10
Foreign Civil Aviation Authority Certifying Statements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); withdrawal.
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SUMMARY: The FAA is withdrawing a previously published NPRM,
``Compliance with applicable regulations,'' that proposed excluding its
applicability to import products that have been type certificated
outside of the United States by a foreign civil aviation authority
bilateral partner. These products are validated by FAA consistent with
the requirements in the rulemaking, ``Issue of type certificate: import
products.'' The NPRM proposed to eliminate the requirement for
redundant compliance statements by both the foreign civil aviation
authority and the foreign applicant.
DATES: As of October 13, 2023, the NPRM published on February 22, 2019,
at 84 FR 5605 is withdrawn.
FOR FURTHER INFORMATION CONTACT: Steve Flanagan or Stephen Styskal,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone (202) 267-1602; email
<a href="/cdn-cgi/l/email-protection#8bf8ffeefdeea5ede7eae5eaeceae5cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="ddaea9b8abb8f3bbb1bcb3bcbabcb39dbbbcbcf3bab2ab">[email protected]</span></a>; or telephone (206) 231-3144; email
<a href="/cdn-cgi/l/email-protection#9ae9eeffeaf2fff4b4e9eee3e9f1fbf6dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="55262130253d303b7b26212c263e3439153334347b323a23">[email protected]</span></a> (respectively).
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2019, the FAA published an NPRM titled ``Foreign
Civil Aviation Authority Certifying Statements'' in the Federal
Register.\1\ In the NPRM, the FAA proposed to revise Sec. 21.20, which
imposes a requirement on foreign applicants for type certificates (TC)
of import products. Existing FAA regulations (i.e., Sec. 21.20)
requires all applicants to show compliance with all applicable
requirements and to provide the FAA the means by which such compliance
has been shown and to provide a statement certifying that the applicant
has complied with the applicable requirements. The NPRM asserted that
these requirements may be duplicative to the certifying statement that
the FAA already requires from the foreign civil aviation authority
(FCAA) of the country or jurisdiction with State of Design
responsibility for the design approval holder of a product. Under the
proposed rule, the FAA would no longer have required the applicant to
show compliance, provide the means by which compliance had been shown,
or the accompanying statement of compliance from the foreign applicant.
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\1\ 84 FR 5605.
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The NPRM comment period closed on April 23, 2019. The FAA received
four comments from individual commenters; two generally opposed the
proposal and two are considered outside the scope of the proposed
rulemaking.
Withdrawal of the NPRM
Section 21.20 was originally promulgated on October 6, 2009,
(effective April 14, 2010) as part 21, amendment 21-92. The NPRM issued
in 2006 that originally proposed Sec. 21.20 (the ``2006 NPRM'')
provided background on why the FAA was seeking to add Sec. 21.20. In
the 2006 NPRM, the FAA stated that adding proposed Sec. 21.20(a) would
emphasize that the applicant is responsible for satisfying all
applicable requirements by requiring an applicant for a TC (or an
amended or supplemental type certificate (STC)) to show compliance with
all applicable requirements and by providing the FAA the means by which
such compliance has been shown.
Further, Sec. 21.20(b) requires the applicant to provide a
statement certifying that the applicant has complied with the
applicable requirements. The preamble to the 2006 NPRM clarified that
the statement of compliance would be subject to the then proposed Sec.
21.2 changes related to fraudulent, intentionally false, or misleading
statements. The 2006 NPRM did not recognize differences between
domestic and foreign TC or STC applicants. The FAA has subsequently
determined that the certifying statement by an applicant attesting to
its compliance to the applicable requirements in accordance with Sec.
21.20(b) does not serve the same purpose as a statement made by the
certifying authority as required by Sec. 21.29(a). Requiring the
domestic applicant's statement in Sec. 21.20 affirms that the
applicant is responsible for compliance with all applicable
requirements. The certifying statement from the bilateral partner civil
aviation authority is what the FAA needs to demonstrate that compliance
with Sec. 21.29 has been fulfilled. The two certifying statements
serve different purposes.
As the FAA does with domestic applicants, the FAA expects that an
FCAA works extensively with its applicants in developing the FCAA's
certifying statement. However, Sec. 21.20 is intended to expedite the
domestic applicant's type certification approval process by ensuring
that an applicant's submission package is complete prior to the FAA
making the compliance determination. The FAA finds it advantageous to
retain the current rule to expedite certification approval and to
ensure applicants demonstrate compliance according to the requirements
of Sec. 21.20. The FAA may deny, suspend or revoke a certificate if
the applicant's statement is fraudulent,
[[Page 70913]]
intentionally false, or misleading. Therefore, the FAA proposes to
withdraw the FCAA NPRM published in 2009 and thereby maintain the
requirement for foreign applicants for type validation to comply with
Sec. 21.20.
Conclusion
Withdrawal of Notice No. 18-09 does not preclude the FAA from
issuing rulemaking on the subject in the future or commit the FAA to
any future course of action. The FAA will make necessary changes to the
Code of Federal Regulations through an NPRM with opportunity for public
comment in the new rulemaking project.
Therefore, the FAA withdraws Notice No. 18-09, FR Doc. 2018-1052,
published at 84 FR 5605 on February 22, 2019.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Lirio Liu,
Executive Director, Aircraft Certification Service.
[FR Doc. 2023-22647 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P
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