

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Rules and Regulations]
[Page 54815-54816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 119

[Docket No. FAA-2007-29313 (formerly 28154); Amendment No. 119-12]
RIN 2120-AF62


Commuter Operations and General Certification and Operations
Requirements; Qualifications for Director of Maintenance for Part 135
Operations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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[[Page 54816]]

SUMMARY: The Federal Aviation Administration (FAA) is making a minor
technical change to a final rule, Commuter Operations and General
Certification and Operations Requirements. This final rule established
the requirements for certain management officials for certificate
holders. In the final rule the FAA unintentionally included an
incorrect experience requirement for the Director of Maintenance for
commuter and on-demand operators. This amendment corrects that
experience requirement.

DATES: Effective on September 27, 2007.

FOR FURTHER INFORMATION CONTACT: Kim A. Barnette, Flight Standards
Service (AFS-350), Federal Aviation Administration, 800 Independence
Ave., SW., Washington, DC; phone (202) 493-4922; e-mail 
Kim.A.Barnette@faa.gov.


SUPPLEMENTARY INFORMATION: On December 20, 1995 (60 FR 65832), the FAA
published a final rule in the Federal Register, better known as ``the
commuter rule'', that established the requirements for certain
management officials in parts 121 and 135. Although the FAA clearly
stated in the preamble to this final rule that ``In addition to other
requirements, these candidates will have to have three years of
experience (within their respective fields) within the past six years
to be eligible for a Director position,'' the specific years of
experience in the rule language in part 135 was incorrect. The part 121
experience requirement of Sec.  119.67 correctly states this ``3 years
within 6 years'' experience requirement; however the part 135
requirement in Sec.  119.71 was incorrectly stated as ``3 years within
3 years.''
    By petition for rulemaking dated September 5, 2007, the Regional
Air Cargo Carriers Association (RACCA) asked the FAA to correct this
technical error. The RACCA correctly pointed out that it makes no sense
to have an experience requirement in part 135 that is more stringent
than the same requirement in part 121.

Technical Amendment

    This technical amendment will correct an unintentional error in the
years of experience requirement in Sec.  119.71 to make it consistent
with Sec.  119.67.

Justification for Immediate Adoption

    Because this action corrects an unintentional error in rule
language for Sec.  119.71, the FAA finds that good cause exists under 5
U.S.C. 553(d) for making this rule effective upon publication.

List of Subjects in 14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.

The Amendment

0
In consideration of the foregoing, the FAA amends 14 CFR chapter I as
follows:

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
1. The authority citation for part 119 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.


0
2. Amend Sec.  119.71 by revising paragraphs (e)(1) and (2) to read as
follows:


Sec.  119.71  Management personnel: Qualifications for operations
conducted under part 135 of this chapter.

* * * * *
    (e) * * *
    (1) Have 3 years of experience within the past 6 years maintaining
aircraft as a certificated mechanic, including, at the time of
appointment as Director of Maintenance, experience in maintaining the
same category and class of aircraft as the certificate holder uses; or
    (2) Have 3 years of experience within the past 6 years repairing
aircraft in a certificated airframe repair station, including 1 year in
the capacity of approving aircraft for return to service.
* * * * *

    Issued in Washington, DC, on September 19, 2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E7-19056 Filed 9-26-07; 8:45 am]

BILLING CODE 4910-13-P
