[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Rules and Regulations]
[Page 59597-59599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc07-7]
[[Page 59597]]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 1, 11, 60 and 121
Flight Simulation Training Device Initial and Continuing Qualification
and Use; Final Rule and Proposed Rule
[[Page 59598]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 11, 60, and 121
[Docket No. FAA-2002-12461; Amendment Nos. 1-59, 11-54, 60-2, 121-335]
RIN 2120-AH07
Flight Simulation Training Device Initial and Continuing
Qualification and Use
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction, delay of effective and compliance
dates.
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SUMMARY: The Federal Aviation Administration (FAA) is delaying the
effective date of a final rule that established qualification
requirements for flight simulation training devices (FSTD). In
addition, because the new rule set forth specific dates for compliance,
to ensure that individuals affected by the rule have adequate time to
comply with the rule, the FAA will also delay the compliance date of
the rule. The new rule consolidates and updates FSTD requirements that
currently exist in different parts of the FAA's regulations and in
advisory circulars. The extension of the effective date is necessary
because the FAA has initiated a subsequent rulemaking that would
provide greater harmonization with the international standards document
for simulation. Delaying the effective date of the final rule will
allow the agency to complete this subsequent rulemaking and amend the
final rule that established qualification requirements for FSTD before
the October 30, 2007, effective date.
DATES: Effective Dates: The effective date of the rule establishing 14
CFR part 60 and amending 14 CFR parts 1, 11, and 121, published at 71
FR 63392 (October 30, 2006), is delayed from October 30, 2007, to May
30, 2008. In addition, the amendments in this document are effective
May 30, 2008.
Compliance Dates: The compliance date of the rule establishing 14
CFR part 60 is delayed from October 30, 2009, to May 30, 2010.
FOR FURTHER INFORMATION CONTACT: Ed Cook, Air Transportation Division
(AFS-200), Flight Standards Service, Federal Aviation Administration,
100 Hartsfield Centre Parkway, Suite 400, Atlanta, GA 30354; telephone:
404-832-4700.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov
);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/
; 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. Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit
http://DocketInfo.dot.gov.
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. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under FOR FURTHER INFORMATION CONTACT. You can find
out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
Authority for This Rulemaking
The FAA's authority to issue rules regarding 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 I, 49 U.S.C. 44701. Under that
section, the FAA is charged with regulating air commerce in a way that
best promotes safety.
Background
During the development of the part 60 final rule (hereinafter
``part 60 Final Rule'') (October 30, 2006, 71 FR 63392), after the
publication of the NPRM on September 25, 2002 (67 FR 60284), the FAA
became aware of additional changes which needed to be made to the part
60 rule language. The need for additional changes was a result of
requests by the aviation community to harmonize the rule with recent
updates to international flight simulation standards. However, many of
the changes were beyond the scope of the part 60 NPRM, and therefore,
could not be included in the final rule. Rather than delay its efforts
or issue a supplemental notice of proposed rulemaking, the FAA
determined that the fastest approach would be to publish the part 60
Final Rule with an effective date delayed for one year after
publication, and amend the technical requirements under the expedited
Qualification Performance Standard (QPS) amendment process. This
approach avoided increased expenses, greater workload, and conflicting
compliance requirements for sponsors who would be required to comply
with part 60. However, the FAA has since determined that the additional
changes would require an NPRM and the initial one year delay in the
effective date established for part 60 is not sufficient for completion
of this process. Therefore, the effective date for part 60 and the
associated amendments to parts 1, 11, and 121 is extended to May 30,
2008. In addition, specific compliance dates for certain portions of
part 60 were set forth in the part 60 Final Rule. Because of the delay
of the effective date for part 60, to ensure that affected parties have
adequate notice regarding compliance with the part 60 Final Rule, the
FAA will extend this date from October 30, 2009, to May 30, 2010.
Good Cause for Foregoing Public Notice and Comment
Section 553(b)(3)(B) of the Administrative Procedure 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 delays the
effective date for the
[[Page 59599]]
final rule published October 30, 2006 (71 FR 63392). We issued those
regulations using the public notice and comment procedure. In that
final rule, we stated ``It is the FAA's intent the part 60 final rule
not be effective until the first revision of the QPS appendices have
been published in the Federal Register as a final rule.'' 71 FR 63398.
The FAA intends to publish a notice of proposed rulemaking inviting
comments on the first revision of the QPS appendices in the near
future. Additional public notice and comment is also contrary to the
public interest since the public is best served by informing them as
soon as possible of the delay in the effective date. If the FAA were to
provide notice and comment, the public would not be informed of the
delay in the effective date until close to October 30, 2007, the date
on which the part 60 final rule is currently scheduled to become
effective.
Good Cause for Immediate Adoption
Since neither the delay in the effective date nor the delay in the
compliance date of the final rule imposes any new requirements or any
additional burden on the regulated public, the FAA finds that good
cause exists for immediate adoption of the new effective date and
compliance date without a 30-day notice period.
The Effect of Our Decision
Our decision delays the effective date of the final rule (71 FR
63426, Oct. 30, 2006) establishing 14 CFR part 60 and amending 14 CFR
parts 1, 11, and 121 from October 30, 2007, to May 30, 2008. Also, our
decision delays compliance with certain sections of the final rule, as
outlined below, from October 30, 2009, to May 30, 2010.
The Amendment
0
In Doc. No. FAA-2002-12461 appearing on page 63392 in the Federal
Register of Monday, October 30, 2006 (71 FR 63392), the following
corrections are made:
Sec. 60.5 [Corrected]
0
1. On page 63427, in the first column in Part 60 Flight Simulation
Training Device Initial and Continuing Qualification, amend Sec.
60.5(a) by removing the date ``October 30, 2009'' and adding in its
place the date ``May 30, 2010.''
Sec. 60.7 [Corrected]
0
2. On page 63427, in the second column in Part 60 Flight Simulation
Training Device Initial and Continuing Qualification, amend Sec.
60.7(b)(5) and (b)(6) (in two places) by removing the date ``October
30, 2007'' and adding in its place the date ``May 30, 2008.''
Sec. 60.17 [Corrected]
0
3. On page 63429, in the third column in Part 60 Flight Simulation
Training Device Initial and Continuing Qualification, amend Sec.
60.17(a), (b), and (d) by removing the date ``October 30, 2007'' and
adding in its place the date ``May 30, 2008'' and further amend (b) by
removing the date ``October 30, 2013'' and adding in its place the date
``May 30, 2014.''
Issued in Washington, DC, on September 24, 2007.
Rebecca Byers MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 07-4888 Filed 10-19-07; 8:45 am]
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