[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56822-56829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22485]
[[Page 56822]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA-2013-0780; Amdt. No. 61-131]
RIN 2120-AK23
Certified Flight Instructor Flight Reviews; Recent Pilot in
Command Experience; Airmen Online Services
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This rule permits an airman who passes a practical test for
issuance of a flight instructor certificate, a practical test for the
addition of a rating to a flight instructor certificate, a practical
test for renewal of a flight instructor certificate, or a practical
test for the reinstatement of a flight instructor certificate to meet
the 24-calendar month flight review requirements. This rule also
clarifies that the generally applicable recent flight experience
requirements do not apply to a pilot in command who is employed by a
commuter or on-demand operator if the pilot in command is in compliance
with the specific pilot in command qualifications and recent experience
requirements for that commuter or on-demand operator. Finally, this
rule permits replacement airman and medical certificates to be
requested online, or by any other method acceptable to the
Administrator. These changes relieve regulatory burdens and clarify
existing regulations.
DATES: Effective Date: November 15, 2013.
Submit comments on or before October 16, 2013. If the FAA receives
an adverse comment or notice of intent to file an adverse comment, the
FAA will advise the public by publishing a document in the Federal
Register before the effective date of this direct final rule. This
document may withdraw the direct final rule in whole or in part.
ADDRESSES: You may send comments identified by docket number FAA-2013-
0780 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Allan G. Kash, Airmen Certification and Training
Branch, Flight Standards Service, AFS-810, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 385-9621; email [email protected].
For legal questions concerning this action, contact Anne Moore,
Office of the Chief Counsel--International Law, Legislation, and
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; email [email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on 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 scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 447--Safety Regulation.
Under that section, the FAA is charged with promoting safe flight of
civil aircraft in air commerce by prescribing regulations necessary for
safety and prescribing regulations for the issuance of airman
certificates. This final rule is within the scope of that authority.
The Direct Final Rule Procedure
The FAA is adopting this rule without prior notice and prior public
comment as a direct final rule because it alleviates unnecessary
burdens by expanding the exceptions to a flight review, removes
redundant recency requirements for pilots flying for certificated
operators under part 135, and provides a regulatory basis for the
Airmen Certification Branch to provide Airmen Online Services. The
Regulatory Policies and Procedures of the Department of Transportation
(DOT) (44 FR 1134, February 26, 1979) provide that, to the maximum
extent possible, operating administrations for the DOT should provide
an opportunity for public comment on regulations issued without prior
notice. Accordingly, the FAA invites interested persons to participate
in this rulemaking by filing comments, data, or views. The agency also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting this final rule.
This direct final rule will take effect on November 15, 2013 unless
the FAA receives an adverse comment or a notice of intent to file an
adverse comment within the comment period. An adverse comment explains
why a rule would be inappropriate, or would be ineffective or
unacceptable without a change. It may challenge the rule's underlying
premise or approach. Under the direct final rule process, the FAA does
not consider the following types of comments to be adverse:
A comment recommending another rule change, in addition to
the change in the direct final rule at issue. The FAA considers the
comment adverse, however, if the commenter states why the direct final
rule would be ineffective without the change.
A frivolous or insubstantial comment.
If the FAA receives an adverse comment or notice of intent to file
an adverse comment, the FAA will advise the public by publishing a
document in the Federal Register before the effective date of the final
rule. This document may withdraw the direct final rule in whole or in
part. If the FAA withdraws a direct final rule because of an adverse
comment, the FAA may incorporate the commenter's recommendation into
another direct final rule or may publish a notice of proposed
rulemaking.
If the FAA does not receive an adverse comment or notice of intent
to file an adverse comment, the FAA will publish a confirmation
document in the Federal Register, generally within 15 days after the
comment period closes.
[[Page 56823]]
The confirmation document confirms to the public the effective date of
the rule.
See the ``Additional Information'' section for information on how
to comment on this direct final rule and how the FAA will handle
comments received. The ``Additional Information'' section also contains
related information about the docket, privacy, and the handling of
proprietary or confidential business information. In addition, there is
information on obtaining copies of related rulemaking documents.
I. Discussion of the Direct Final Rule
Flight Review
To act as pilot in command of an aircraft, Sec. 61.56(c) of Title
14 of the Code of Federal Regulations (CFR) requires a pilot to have
satisfactorily completed a flight review in an aircraft for which that
pilot is rated within 24 calendar months before the month in which the
pilot acts as pilot in command. The flight review must consist of a
minimum of 1 hour flight training and 1 hour ground training.\1\
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\1\ There are two exceptions to the minimum time requirement for
a flight review. They are found in Sec. 61.56(b) and (f). Paragraph
(b) pertains to a reduction of time required for glider pilots and
paragraph (f) pertains to 1 hour ground training credited toward a
flight review for successful renewal of a flight instructor
certificate under Sec. 61.197.
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The purpose of the flight review is to provide for a regular
assessment of pilot skills and aeronautical knowledge. When the
requirement was first introduced, the FAA stated that the flight review
would assure that every pilot would have a qualified individual comment
on his or her competency at least once every two years, as discussed in
38 FR 3156 (February 1, 1973). The flight review also offers pilots the
opportunity to design a personal currency and proficiency program in
consultation with an authorized flight instructor. A flight review may
have certain standard features, e.g., review of specific regulations
and procedures; however, both the flight review and any follow-up plan
for training and proficiency may be tailored to each pilot's skill,
experience, aircraft, and personal flying goals.\2\
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\2\ Federal Aviation Administration, Conducting an Effective
Flight Review http://www.faa.gov/pilots/training/media/flight_review.pdf.
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Section 61.56 sets forth certain exceptions to the requirement for
a pilot to accomplish a flight review.\3\ Among these exceptions, a
person who has, within the prescribed 24-month period, ``passed a pilot
proficiency check conducted by an FAA examiner, an approved pilot check
airman, or a U.S. Armed Force, for a pilot certificate, rating, or
operating privilege,'' need not accomplish the required flight review
required by Sec. 61.56(d). This exception is appropriate because a
practical test for a certificate or rating is administered by an FAA
examiner in accordance with the practical test standards. In addition,
pilots employed by a part 119 certificate holder conducting operations
under part 121 and part 135 receive recurring training and proficiency
checks, conducted by an FAA examiner or approved pilot check airman
provided by their employer, which exceed the requirements of a flight
review. As noted in the regulation above, the FAA accepts U.S. Armed
Forces proficiency checks. The content of the listed practical tests
and proficiency checks typically exceeds the requirements of a flight
review and satisfies the stated objective of the flight review, namely,
to ensure that a pilot has had a qualified individual comment on his or
her competency at least once every 24 calendar months. Thus, these
pilots need not accomplish the flight review of Sec. 61.56(a) as they
meet the requirements of Sec. 61.56(d).
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\3\ Paragraphs (d), (e), and (g) of Sec. 61.56 are the three
exceptions to this regulatory requirement to complete a flight
review. The exceptions in paragraphs (e) and (g) are not subjects of
this rulemaking. Under paragraph (e), a person who has, within the
previous 24 calendar months, satisfactorily accomplished one or more
phases of an FAA-sponsored pilot proficiency award program need not
accomplish the flight review (14 CFR 61.56(e). Paragraph (g) is an
exception regarding a student pilot and remains as it was previously
written.
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In a recent legal interpretation, the FAA concluded that a flight
instructor practical test is not included in the listed exceptions in
Sec. 61.56(d) because it is not a ``pilot proficiency check,'' Levy
Interpretation, February 7, 2008.\4\ The FAA explained that, although a
flight instructor practical test does not automatically relieve a pilot
of the requirement to complete a flight review, a person taking a
flight instructor practical test may request that the test be taken in
conjunction with a flight review at the examiner's discretion. The FAA
has received several requests to reconsider the Levy Interpretation and
one request for rulemaking.\5\
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\4\ Legal interpretations can be found on the FAA Legal
Interpretation & Opinion Web site: http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/Interpretations/.
\5\ Petition from Robert Hadow, dated April 18, 2011. Docket No.
FAA-2011-0437, http://www.regulations.gov.
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The FAA finds that good cause exists to amend Sec. 61.56(d) to
include successful completion of flight instructor practical tests
among the exceptions to the flight review requirement. Applicants for
an FAA flight instructor certificate are required to have the
comprehensive knowledge and skills necessary to provide instruction to
airmen seeking pilot certificates and ratings. Part 61 specifies the
areas of operation in which knowledge and skill must be demonstrated by
the applicant before the issuance of an FAA flight instructor
certificate with the associated category and class ratings. All
practical tests administered must meet the knowledge and skill standard
prescribed by the corresponding Flight Instructor Practical Test
Standards Book published by the FAA.
Although a flight instructor practical test is chiefly focused on
the pilot's instructional skills, a pilot must demonstrate satisfactory
performance of the procedures and maneuvers selected by the examiner--
at least to the commercial pilot skill level--while giving effective
instruction.\6\ Therefore, the flight instructor practical test
standards require the applicant to demonstrate not only the knowledge
but also the skill required of pilots completing the practical tests
that the FAA instructor is authorized to teach. As with the other
exceptions listed in Sec. 61.56, the requirements for passing an FAA
flight instructor practical test exceed those for a pilot accomplishing
a flight review and meet the goal of ensuring that a pilot's competency
is observed by a qualified individual.
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\6\ For example, Flight Instructor Practical Test Standards Book
for Airplane, June 2012 (Effective December 1, 2012), FAA-S-8081-6D
U.S. Department of Transportation (with changes 1 & 2), Satisfactory
Performance No. 6 page 13.
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An FAA flight instructor practical test places the applicant in the
position of having the examiner evaluate the applicant as the applicant
demonstrates the procedures and maneuvers performed in the practical
test to commercial pilot practical test standards. The flight
instructor applicant also performs and demonstrates selected phases of
flight during the flight portion of the practical test. If the pilot
taking a flight instructor practical test does not demonstrate the safe
exercise of the privileges of their pilot certificate while
instructing, the test would not meet commercial pilot practical test
standards and the applicant would not pass the flight instructor
practical test.
As previously stated, the flight instructor practical test
standards require an airman to demonstrate and simultaneously explain
the tasks required for the issuance of a pilot certificate while
meeting commercial
[[Page 56824]]
practical test standards. Industry advocacy groups have indicated they
believe that the flight instructor certification covers much more than
the regulatory requirements of a flight review. These groups have
indicated support for amendment of the regulations to allow for a
flight instructor practical test to be included as an exception to
completing a flight review. The FAA agrees with this view. This rule
modifies Sec. 61.56(d) to allow an airman who passes a practical test
for issuance of a flight instructor certificate, a practical test for
the addition of a rating to a flight instructor certificate, a
practical test for renewal of a flight instructor certificate, or a
practical test for the reinstatement of a flight instructor certificate
to meet the flight review requirements of 14 CFR part 61.
Recent Flight Experience
Section 61.57 sets forth the recent flight experience requirements
to act as pilot in command of an aircraft. Section 61.57(e)(2) states
that this section does not apply ``to a pilot in command who is
employed by an air carrier certificated under part 121 or 135 and is
engaged in a flight operation under part 91, 121, or 135 for that air
carrier if the pilot is in compliance with'' the pilot-in-command
requirements in Sec. 121.435 or Sec. 121.436, as applicable, and
Sec. 121.439 or Sec. Sec. 135.243 and 135.247, as appropriate. The
FAA has received several requests for clarification of whether, under
the specific language of Sec. 61.57(e)(2), the exception applies only
to a pilot in command employed by the holder of a part 119 air carrier
certificate or whether it also extends to a pilot in command employed
by the holder of a part 119 operating certificate.
When the FAA first proposed this exception to the recent flight
experience requirements in Sec. 61.57, it stated that the intention
was to provide relief from ``essentially redundant recency
requirements'' for part 121 and part 135 operators and their pilots in
command (59 FR 56385, November 14, 1994). In that final rule, then-
Sec. 61.57(f) stated that the recent flight experience requirements in
part 61 did not apply ``to a pilot in command, employed by a 14 CFR
part 121 or part 135 operator, engaged in flight operations under 14
CFR part 91, 121, or 135 for that operator.'' The FAA refined the
language in a 1997 final rule and, in doing so, introduced the term
``air carrier'' in place of the term ``operator'' (62 FR 16220, April
7, 1997).
The FAA did not intend to limit the exception to pilots employed by
air carriers operating in parts 121 and 135. The FAA intended to
include any pilot in command who is employed by a part 119 certificate
holder authorized to conduct operations under part 121 or part 135 when
the pilot is engaged in operations under parts 91, 121, or 135 for that
certificate holder if the pilot in command is in compliance with
Sec. Sec. 121.435 or 121.436, as applicable, and Sec. 121.439 or
Sec. Sec. 135.243 and 135.247, as appropriate.
Consequently, the FAA finds that good cause exists to amend the
language in Sec. 61.57(e) to make clear that the recent flight
experience requirements of that section do not apply to a pilot in
command who is employed by the holder of an operating certificate that
is conducting operations under part 121 or part 135 if the pilot in
command is also in compliance with Sec. 121.435 or Sec. 121.436, as
applicable, and Sec. 121.439, or Sec. Sec. 135.243 and 135.247, as
appropriate. In making this change, the FAA is acting consistently with
the original intent of the regulation--specifically, providing relief
from redundant recency requirements.\7\
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\7\ The FAA has modified the language in Sec. 61.57(e)(1)
pertaining to pilots in command employed by part 119 certificate
holders conducting operations under part 125. The revision of
paragraph (e)(1) results in no substantive change to the
requirements for part 119 certificate holders conducting operations
under part 125.
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Airmen Online Services
In the case of a lost or destroyed airman or medical certificate,
Sec. 61.29(a) and (b) permit a pilot to request the replacement of a
lost or destroyed airman certificate issued under part 61. Replacement
airman certificates may be requested by letter to the Department of
Transportation, FAA, Airmen Certification Branch, P.O. Box 25082,
Oklahoma City, OK 73124. Replacement medical certificates may be
requested by letter to the Department of Transportation, FAA, Aerospace
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK
73125.
Although current regulations recognize requests for replacement
certificates only by letter, the FAA has established Airmen Online
Services through which a pilot can request a replacement airman
certificate or obtain a document that provides temporary authority to
exercise the privileges of an airman certificate by facsimile or
through Internet download at the FAA Web site: http://www.faa.gov/licenses_certificates/airmen_certification/certificate_replacement/.
The use of Airmen Online Services is not addressed or recognized in
Sec. 61.29. Therefore, the FAA is amending the language in Sec. 61.29
to reflect the use of Airmen Online Services or any method acceptable
to the FAA for the purpose of obtaining a replacement certificate or
60-day authority to exercise the privileges of a lost or stolen
certificate.
The FAA is also revising Sec. 61.3 to clarify that temporary
documents issued under Sec. 61.29(e) are acceptable for meeting the
Sec. 61.3 requirement that a pilot have his or her pilot certificate
and medical certificate in the person's physical possession when
serving as a required flightcrew member. The FAA notes that Sec.
61.29(e) already contains language indicating that temporary documents
may be carried ``as an airman certificate [or] medical certificate''
for up to 60 days. As such, the language being added to Sec. 61.3 is
not intended as a change to existing regulations but rather is intended
solely to provide ease of reference for persons seeking such
information in Sec. 61.3. The FAA notes that online services are
currently unavailable for replacement medical certificates and
knowledge test reports; however, the FAA has modified the language of
those provisions in anticipation of other methods becoming available in
the future.
II. Regulatory Analyses and Executive Order Determinations
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Public Law 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, the Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation with base year of 1995). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this direct
final rule.
[[Page 56825]]
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a final rule does not
warrant a full evaluation, this order permits that a statement to that
effect and the basis for it be included in the preamble if a full
regulatory evaluation of the cost and benefits is not prepared. Such a
determination has been made for this direct final rule. The reasoning
for this determination follows.
Executive Orders 12866 and 13563
This direct final rule relieves regulatory burdens for certified
flight instructor applicants and pilots in command. It also makes clear
that applications for replacement airman and medical certificates may
be obtained using methods other than individual letters mailed to the
Airmen Certification Branch or Aerospace Medical Certification
Division, respectively.
Since the direct final rule will impose no new costs, and updates
four sections of part 61, the expected outcome will be a minimal impact
with positive net benefits. A regulatory evaluation was not prepared.
The FAA, therefore, has determined that this direct final rule is
not a ``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866. Therefore, this action has not been reviewed by
the Office of Management and Budget. Further, this direct final rule is
not ``significant'' as defined in DOT's Regulatory Policies and
Procedures.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objectives of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
businesses, organizations, and governmental jurisdictions subject to
regulation. To achieve this principle, agencies are required to solicit
and consider flexible regulatory proposals and to explain the rationale
for their actions to assure that such proposals are given serious
consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This rule relieves regulatory restrictions for certified flight
instructor applicants and pilots in command. It also makes clear that
applications for replacement airmen and medical certificates may be
obtained using methods other than individual letters mailed to the
Airmen Certification Branch or Aerospace Medical Certification
Division, respectively. Small businesses and small entities are not
impacted by this action.
This direct final rule imposes no new costs and updates and
clarifies four sections of part 61; the expected outcome will have only
a minimal impact on any small entity affected by this rulemaking
action.
Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. 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 direct final rule and determined
that it will have only a domestic impact and therefore no effect on
international trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 an expenditure of $100 million or more
(in 1995 dollars) 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 $143.1 million in lieu of $100
million. This direct final rule does not contain such a mandate;
therefore, the requirements of Title II of the Act do not apply.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
This action contains the following revision to the existing
information collection requirements previously approved under OMB
Control Number 2120-0021, Certification: Pilots, Flight Instructors,
and Ground Instructors. As required by the Paperwork Reduction Act (44
U.S.C. 3507(d)), the FAA has submitted this information collection
revision to the Office of Management and Budget for its review.
This direct final rule reduces the recordkeeping burden for an
airman who passes a practical test for issuance of a flight instructor
certificate, a practical test for the addition of a rating to a flight
instructor certificate, a practical test for renewal of a flight
instructor certificate, or a practical test for the reinstatement of a
flight instructor certificate as this rule will now allow passage of
such a test to meet the 24-calendar month flight review requirements
for the airman. This rule also relieves regulatory burdens for airmen
by making clear that the recent flight experience requirements do not
apply to a pilot in command who is employed by an operator certificated
under 14 CFR part 135 if the pilot in command is also in compliance
with the pilot in command qualifications and recent experience
requirements of part 135.
Flight reviews: The current information collection estimates that,
of the total active pilot population of 700,000, some 190,000 pilots
complete a flight review per year with an average
[[Page 56826]]
time of 0.1 hours each (6 minutes) necessary for the flight instructor
to record the flight review. This rule reduces that recordkeeping
burden by permitting an airman who passes a practical test for issuance
of a flight instructor certificate, a practical test for the addition
of a rating to a flight instructor certificate, a practical test for
renewal of a flight instructor certificate, or a practical test for the
reinstatement of a flight instructor certificate to meet the flight
review requirements.
During calendar year 2012, the FAA issued 4,127 original certified
flight instructor certificates and 4,034 \8\ certified flight
instructor certificates for the addition of a rating. These persons
will no longer be required to complete the flight review. Thus, the FAA
estimates that 8,161 airmen annually will no longer be required to
complete flight reviews because they passed a practical test for
issuance of a flight instructor certificate, a practical test for the
addition of a rating to a flight instructor certificate, a practical
test for renewal of a flight instructor certificate, or a practical
test for the reinstatement of a flight instructor certificate.
Therefore, the FAA estimates that this rule will reduce the burden by
816.1 hours annually.
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\8\ This number reflects practical tests for an additional
rating to a flight instructor certificate, for renewal of a flight
instructor certificate, and for reinstatement of a flight instructor
certificate.
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Recent flight experience: The current information collection
estimates that 290,000 pilots are subject to these recordkeeping
requirements at an average of 0.1 hours (6 minutes) each. While this
rule clarifies that the recent flight experience requirements do not
apply to a pilot in command who is employed by the holder of a part 119
operating certificate that authorizes operations under 14 CFR part 135
if the pilot in command is also in compliance with the pilot in command
qualifications and recent experience requirements of part 135, the FAA
does not believe that the burden related to this information collection
will change in a manner that is quantifiable. Based on the information
received from the industry, the FAA believes that part 119 certificate
holders have been interpreting the regulations to permit pilots who
complete the recency requirements under part 135 to use this provision
regardless of whether they are employed by a certificate holder that
holds an air carrier certificate or an operating certificate. While a
small number of persons may benefit from this regulatory change, the
FAA believes that those numbers are small as most part 119 certificate
holders have already been operating in a manner similar to the
regulations being revised and clarified by this rule. Therefore, the
FAA is not revising the burden associated with the recent flight
experience element of this information collection.
Based on the change made by this direct final rule to the
information collection related to certified flight instructor flight
reviews, the recordkeeping requirements associated with 14 CFR 61.56
are reduced from 19,000 annual burden hours to 18,184 annual burden
hours, reflecting the reduction in number of annual responses for this
aspect of the information collection from 190,000 responses to 181,839
responses.
Information Collection 2120-0021: Certification: Pilots, Flight
Instructors, and Ground Instructors
Type of information collection: Revision of a currently approved
collection.
Form(s): FAA form 8710-1.
Frequency: The information is collected on occasion.
Abstract: 14 CFR Part 61 prescribes certification standards for
pilots, flight instructors, and ground instructors. The information
collected is used to determine compliance with applicant eligibility,
via FAA form 8710-1.
The following table provides information regarding annual responses
and annual burden hours.
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Average time
Provision CFR Sec. Number of per response Total annual
responses (hours) burden hours
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Reporting
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61.13........................................................... 100,000 0.1 10,000
61.197.......................................................... 40,000 0.1 4,000
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Recordkeeping
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61.39........................................................... 100,000 0.05 5,000
61.49........................................................... 13,600 0.05 680
61.51........................................................... 190,000 1.0 190,000
61.56(a)........................................................ 181,839 0.1 18,184
61.57........................................................... 290,000 0.1 29,000
61.87........................................................... 80,000 0.05 4,000
61.93........................................................... 80,000 0.1 8,000
61.125.......................................................... 9,500 0.2 1,900
61.185.......................................................... 5,800 0.1 580
61.189.......................................................... 30,000 1.0 30,000
-----------------------------------------------
Total....................................................... 1,120,739 .............. 301,344
----------------------------------------------------------------------------------------------------------------
The agency is soliciting comments to--
Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of collecting information on those who
are to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
[[Page 56827]]
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by October 16, 2013. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW.,
Washington, DC 20503.
International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Executive Order 13609, Promoting International Regulatory Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.
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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.
Administrative Procedure Act
An agency may find good cause to exempt a rule from certain
provisions of the Administrative Procedure Act (5 U.S.C. 553),
including notice of proposed rulemaking and the opportunity for public
comment, if it is determined to be unnecessary, impracticable, or
contrary to the public interest. This rule relieves regulatory
restrictions by permitting an airman who passes a practical test for
issuance of a flight instructor certificate, a practical test for the
addition of a rating to a flight instructor certificate, a practical
test for renewal of a flight instructor certificate, or a practical
test for the reinstatement of a flight instructor certificate to meet
the 24-calendar month flight review requirements of part 61. This rule
also clarifies that the recent flight experience requirements of Sec.
61.57 do not apply to a pilot in command who is employed by an operator
certificated under 14 CFR part 135 if the pilot in command is in
compliance with the pilot in command qualifications and recent
experience requirements of part 135. Finally, this rule permits
replacement airmen and medical certificates to be requested online, or
by any other method acceptable to the Administrator. Therefore, the FAA
finds good cause to publish this action as a direct final rule. Please
see the ``Direct Final Rule Procedure'' section for more information.
Executive Order 13132
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, does not have
Federalism implications.
Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order, and
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
III. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the rulemaking
action in this document. The most helpful comments reference a specific
portion of the rulemaking action, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should send only one
copy of written comments, or if comments are filed electronically,
commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before confirming this direct
final rule, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this rulemaking
action in light of the comments it receives.
Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify
electronically within the disk or CD-ROM the specific information that
is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
Searching the Federal eRulemaking Portal (http://www.regulations.gov);
Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
Accessing the Government Printing Office's Federal Digital
System Web page at http://www.gpo.gov/fdsys.
Copies may also be obtained 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.
Commenters
[[Page 56828]]
must identify the docket or amendment number of this rulemaking.
All documents the FAA considered in developing this rulemaking
action, including economic analyses and technical reports, may be
accessed from the Internet through the Federal eRulemaking Portal
referenced above.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Teachers.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.
0
2. Section 61.3 is amended by revising paragraphs (a) introductory
text, (a)(1), (b), and (i)(1) to read as follows:
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
(a) Required pilot certificate for operating a civil aircraft of
the United States. No person may serve as a required pilot flight
crewmember of a civil aircraft of the United States, unless that
person:
(1) Has in the person's physical possession or readily accessible
in the aircraft when exercising the privileges of that pilot
certificate or authorization--
(i) A pilot certificate issued under this part and in accordance
with Sec. 61.19;
(ii) A special purpose pilot authorization issued under Sec.
61.77;
(iii) A temporary certificate issued under Sec. 61.17;
(iv) A document conveying temporary authority to exercise
certificate privileges issued by the Airmen Certification Branch under
Sec. 61.29(e); or
(v) When operating an aircraft within a foreign country, a pilot
license issued by that country may be used.
* * * * *
(b) Required pilot certificate for operating a foreign-registered
aircraft within the United States. No person may serve as a required
pilot flight crewmember of a civil aircraft of foreign registry within
the United States, unless--
(1) That person's pilot certificate or document issued under Sec.
61.29(e) is in that person's physical possession or readily accessible
in the aircraft when exercising the privileges of that pilot
certificate; and
(2) Has been issued in accordance with this part, or has been
issued or validated by the country in which the aircraft is registered.
* * * * *
(i) Ground instructor certificate. (1) Each person who holds a
ground instructor certificate issued under this part must have that
certificate or a temporary document issued under Sec. 61.29(e) in that
person's physical possession or immediately accessible when exercising
the privileges of that certificate.
* * * * *
0
3. Section 61.29 is amended by revising paragraphs (a), (b), (c), and
(e) to read as follows:
Sec. 61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
(a) A request for the replacement of a lost or destroyed airman
certificate issued under this part must be made:
(1) By letter to the Department of Transportation, FAA, Airmen
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must
be accompanied by a check or money order for the appropriate fee
payable to the FAA; or
(2) In any other manner and form approved by the Administrator
including a request online to Airmen Services at http://www.faa.gov,
and must be accompanied by acceptable form of payment for the
appropriate fee.
(b) A request for the replacement of a lost or destroyed medical
certificate must be made:
(1) By letter to the Department of Transportation, FAA, Aerospace
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK
73125, and must be accompanied by a check or money order for the
appropriate fee payable to the FAA; or
(2) In any other manner and form approved by the Administrator and
must be accompanied by acceptable form of payment for the appropriate
fee.
(c) A request for the replacement of a lost or destroyed knowledge
test report must be made:
(1) By letter to the Department of Transportation, FAA, Airmen
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must
be accompanied by a check or money order for the appropriate fee
payable to the FAA; or
(2) In any other manner and form approved by the Administrator and
must be accompanied by acceptable form of payment for the appropriate
fee.
* * * * *
(e) A person who has lost an airman certificate, medical
certificate, or knowledge test report may obtain, in a form or manner
approved by the Administrator, a document conveying temporary authority
to exercise certificate privileges from the FAA Aeromedical
Certification Branch or the Airman Certification Branch, as
appropriate, and the:
(1) Document may be carried as an airman certificate, medical
certificate, or knowledge test report, as appropriate, for up to 60
days pending the person's receipt of a duplicate under paragraph (a),
(b), or (c) of this section, unless the person has been notified that
the certificate has been suspended or revoked.
(2) Request for such a document must include the date on which a
duplicate certificate or knowledge test report was previously
requested.
0
4. Section 61.56 is amended by revising paragraph (d) to read as
follows:
Sec. 61.56 Flight review.
* * * * *
(d) A person who has, within the period specified in paragraph (c)
of this section, passed any of the following need not accomplish the
flight review required by this section:
(1) A pilot proficiency check or practical test conducted by an
examiner, an approved pilot check airman, or a U.S. Armed Force, for a
pilot certificate, rating, or operating privilege.
(2) A practical test conducted by an examiner for the issuance of a
flight instructor certificate, an additional rating on a flight
instructor certificate, renewal of a flight instructor certificate, or
reinstatement of a flight instructor certificate.
* * * * *
0
5. Section 61.57 is amended by--
0
A. Revising paragraphs (e)(1) and (e)(2),
0
B. Redesignating paragraph (e)(3) as paragraph (e)(4) and revising the
introductory text of newly redesignated paragraph (e)(4), and
0
C. Adding new paragraph (e)(3) to read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(e) Exceptions. (1) Paragraphs (a) and (b) of this section do not
apply to a pilot in command who is employed by a part 119 certificate
holder authorized to conduct operations under part 125
[[Page 56829]]
when the pilot is engaged in a flight operation for that certificate
holder if the pilot in command is in compliance with Sec. Sec. 125.281
and 125.285 of this chapter.
(2) This section does not apply to a pilot in command who is
employed by a part 119 certificate holder authorized to conduct
operations under part 121 when the pilot is engaged in a flight
operation under parts 91 and 121 for that certificate holder if the
pilot in command is in compliance with Sec. Sec. 121.435 or 121.436,
as applicable, and Sec. 121.439 of this chapter.
(3) This section does not apply to a pilot in command who is
employed by a part 119 certificate holder authorized to conduct
operations under part 135 when the pilot is engaged in a flight
operation under parts 91 and 135 for that certificate holder if the
pilot in command is in compliance with Sec. Sec. 135.243 and 135.247
of this chapter.
(4) Paragraph (b) of this section does not apply to a pilot in
command of a turbine-powered airplane that is type certificated for
more than one pilot crewmember, provided that pilot has complied with
the requirements of paragraph (e)(4)(i) or (ii) of this section:
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703, in Washington, DC, on August 27, 2013.
Michael P. Huerta,
Administrator.
[FR Doc. 2013-22485 Filed 9-13-13; 8:45 am]
BILLING CODE 4910-13-P