[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53560-53562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17896]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Amendment No. 61-108]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; compliance date and correction.
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SUMMARY: The FAA is establishing a compliance date for the final rule
published in the Federal Register on August 4, 2005. The rule revised
the pilot certification regulations to establish a second-in-command
(SIC) pilot type rating and associated qualifying procedures. This
action is necessary to give affected pilots time to prepare and file
the paperwork necessary to obtain the SIC pilot type rating. We also
are correcting the amendment number of the final rule.
DATES: Effective date: The final rule's effective date remains
September 6, 2005.
Compliance date: Pilots acting as a second in command and who will
be flying outside U.S. domestic airspace and landing in a foreign
country must hold the appropriate SIC pilot type rating no later than
June 6, 2006.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification Branch,
AFS-840, General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-3844 or via the Internet at:
[email protected].
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of this document using the Internet
by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policy Web page at http://www.faa.gov/regulations_policy/; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy 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. Make
sure to identify the amendment number or docket number of this
rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBRFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.cfm.
Authority for This Action
The Department of Transportation (DOT) has the responsibility,
under the laws of the United States, to develop transportation policies
and programs that contribute to providing fast, safe, efficient, and
convenient transportation (49 U.S.C. 101). The Federal Aviation
Administration (FAA) is an agency of DOT. The Administrator of the FAA
has general authority to issue rules regarding aviation safety (49
U.S.C. 106(g) and 44701). When an individual is found to be qualified
for, and physically able to perform, certain duties, including those
associated with flying and navigating an aircraft, the FAA issues an
airman certificate. The airman certificate must specify the capacity in
which the holder of the certificate may serve with respect to an
aircraft (49 U.S.C. 44703). It is relevant to this rulemaking to also
point out that, in carrying out their duties, the Secretary of
Transportation and the Administrator of the FAA must act consistently
with obligations of the United States Government under an international
agreement (49 U.S.C. 40105).
This action establishes a compliance date for the SIC pilot type
rating and associated qualifying procedures. The compliance date is the
date that those affected by a rule must begin to follow it. In the
preamble to the amendments adopted on August 4, 2005, the FAA found the
amendments to be a reasonable and necessary exercise of our rulemaking
authority and obligations. We now find that establishing a compliance
date, by extension, also is a reasonable and necessary exercise of our
rulemaking authority and obligations.
Background
On August 4, 2005, the FAA amended its regulations to provide for
issuance of a pilot type rating for SIC privileges when a person
completes the SIC pilot familiarization training set forth under 14 CFR
61.55(b), an FAA-approved SIC training curriculum under 14 CFR parts
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR
45263. The amendments adopted on August 4, 2005, are based on a notice
of proposed rulemaking (NPRM) published in the Federal Register on
November 16, 2004. See 69 FR 67258.
The amendments require pilots acting as second in command and who
plan to fly outside U.S. airspace and land in foreign countries to
obtain the SIC pilot type rating. The amendments also establish two
procedures for obtaining the SIC pilot type rating. The effective date
of the amendments is September 6, 2005. The effective date is the date
the amendments affect the current Code of Federal Regulations (CFR).
Establishing a Compliance Date
Although we received two comments on the November NPRM asking for 6
to 18 months for pilots to comply with the requirement to obtain a SIC
pilot type rating,\1\ the FAA believed that 30 days (by September 6,
2005) was sufficient time. Additionally, the FAA has been put on notice
by several foreign civil aviation authorities that they intend to begin
enforcing the type-rating requirement; thus we believe that the sooner
the rule becomes effective and U.S. pilots receive their SIC pilot type
ratings, the sooner U.S. flight crews will be able to operate
internationally unimpeded.
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\1\ The National Air Carrier Association recommended that the
FAA provide a minimum of six months from issuing the final rule to
full implementation and revision of its ICAO difference because its
member airlines need to provide time for the initial processing of
the several hundred thousand applications required for this SIC
pilot type rating. The representative of American Airlines requested
18 months to complete the initial certification process for its
initial 3,066 pilots that are not currently type rated.
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The Agency, however, has reevaluated the time necessary for pilots
to comply with the amendments. Since
[[Page 53561]]
the final rule was published, we have received information from the
airlines and trade associations demonstrating that it will not be
possible to comply with the rule by the effective date of September 6,
2005. The pilots who need the SIC pilot type rating have to prepare and
file the necessary paperwork, and the FAA and its designees need time
to process the forms and issue the ratings. In spite of general
agreement that the rule is needed, it simply is physically impossible
for everyone to comply by September 6, 2005. This is particularly true
of the major airlines, which employ thousands of pilots.
The FAA, therefore, has reconsidered the position we originally
took in responding to the comments on the November NPRM. We believe it
will benefit no one to place a potentially large number of pilots in
technical noncompliance with the regulations. The airlines have a duty
to comply with the regulations. They could not, in good faith, assign a
pilot to an international flight knowing that the pilot did not possess
a required type rating. This situation could result in disruption of
international freight and passenger service.
For this reason, we are establishing a compliance date for the
August amendments. The compliance date is June 6, 2006. A compliance
date, in contrast to an effective date, is the date that those affected
by the rule must begin to follow it. Thus, pilots acting as a second in
command and who will be flying outside U.S. domestic airspace and
landing in a foreign country must hold the appropriate SIC pilot type
rating no later than June 6, 2006. This period of nine additional
months should be sufficient to enable affected pilots to obtain the SIC
pilot type rating. This is particularly true in light of the fact that
the August amendments incorporate several changes to what was
originally proposed that streamline the processes.
As we stated in our response to the comments on this issue, it is
important for the August amendments to take effect as soon as possible.
Those amendments put in place the procedure that pilots will follow to
obtain the SIC pilot type rating. It would serve no purpose to delay
the effective date of the rule. For this reason, the effective date of
the rule is unaffected by this action and remains September 6, 2005.
Good Cause for Foregoing Public Notice and Comment
Section 553(b)(3)(B) of the Administrative Procedures Act, 5 U.S.C.
553(b)(3)(B), authorizes agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b)(3)(B), the requirements of notice and opportunity for
comment do not apply when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
In this case, the FAA finds that notice and public comment are
unnecessary and contrary to the public interest. This action
establishes a compliance date for the amendments adopted on August 4,
2005. We adopted those amendments using the public notice and comment
procedure. That the public had ample notice and opportunity to comment
is indisputable since we received comments on the issue of when
affected pilots would have to comply. As a result, we find that another
round of public notice and comment is unnecessary. Additional public
notice and comment is also contrary to the public interest since it
would delay establishment of a compliance date, which could result in
pilots not obtaining the necessary pilot type rating in a timely
manner. This, in turn, could disrupt international freight and
passenger service.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
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 proposed regulations.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995, 44 U.S.C.
3507(d), the FAA submitted a copy of the amended information collection
requirements in the August 4, 2005, final rule to the Office of
Management and Budget for its review. OMB approved the collection of
this information and assigned OMB Control Number 2120-0693.
This action establishes a compliance date for the amendments
adopted on August 4, 2005, which requires pilots who need to obtain an
SIC rating to use the existing Airman Certificate and/or Rating
Application, FAA Form 8710-1. 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.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this proposal indicates that its
economic impact is minimal. Since its costs and benefits do not make it
a ``significant regulatory action'' as defined in the Order, we have
not prepared a ``regulatory impact analysis.'' Similarly, we have not
prepared a ``regulatory evaluation,'' which is the written cost/benefit
analysis ordinarily required for all rulemaking proposals under the DOT
Regulatory and Policies and Procedures. We do not need to do the latter
analysis where the economic impact of a proposal is minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
directs the FAA to fit regulatory requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
regulation. We are required to determine whether a proposed or final
action will have a ``significant economic impact on a substantial
number of small entities'' as defined in the Act. If we find that the
action will have a significant impact, we must do a ``regulatory
flexibility analysis.''
This action establishes a compliance date for the amendments
adopted on August 4, 2005. Its economic impact, beyond that of the
amendments adopted on August 4, 2005, is minimal. Therefore, we certify
that this action will not have a significant economic impact on a
substantial number of small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administration's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish to the extent
feasible, barriers to international trade, including both
[[Page 53562]]
barriers affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the United States.
In accordance with the above statute and policy, the FAA has
assessed the potential effect of this final rule and has determined
that it will impose the same costs on domestic and international
entities and, thus, has a neutral trade impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 104-4 on March 22, 1995, is intended, among other things, to curb
the practice of imposing unfunded Federal mandates on State, local, and
tribal governments. Title II of the Act 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 a $100
million or more expenditure (adjusted annually for inflation) 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 $120.7 million in lieu of $100 million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we have determined that this final rule does not
have federalism implications.
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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 307k and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Correction
Under the final rule, FR Doc. 05-15376, published on August 4, 2005
(70 FR 45263), make the following correction:
1. On page 45264, in column 1 in the heading section, beginning on
line 4, correct ``Amendment No. 05-113'' to read ``Amendment No. 61-
113''.
Issued in Washington, DC on September 2, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-17896 Filed 9-6-05; 11:26 am]
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