[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10662-10668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3827]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 47, 61, 63, and 65
[Docket No. FAA-2006-26714; Amendment Nos. 47-28, 61-118, 63-36, and
65-51]
RIN 2120-AI43
Drug Enforcement Assistance
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is implementing changes to its airmen certification
and aircraft registration requirements. Two years after this rule
becomes effective, paper pilot certificates may no longer be used to
exercise piloting privileges. Five years after this rule becomes
effective, certain other paper airmen certificates, such as those of
flight engineers and mechanics, may no longer be used to exercise the
privileges authorized by those certificates. To exercise the privileges
after those respective dates, the airmen must hold upgraded,
counterfeit-resistant plastic certificates. Student pilot certificates,
temporary certificates, and authorizations are not affected. In
addition, those who transfer ownership of U.S.-registered aircraft have
21 days from the transaction to notify the FAA Aircraft Registry. Those
who apply for aircraft registration must include their printed or typed
name with their signature. These changes are responsive to concerns
raised in the FAA Drug Enforcement Assistance Act. The purpose of the
changes is to upgrade the quality of data and documents to assist
Federal, State, and local agencies to enforce the Nation's drug laws.
DATES: These amendments become effective on March 31, 2008. Affected
parties, however, do not have to comply with the information collection
requirements of this rule until the OMB approves the FAA's request for
this information collection requirement. The FAA will publish a
separate document notifying you of the OMB Control Number and the
compliance date(s) for the information collection requirements of this
rule.
FOR FURTHER INFORMATION CONTACT: John Bent, Civil Aviation Registry,
Mike Monroney Aeronautical Center, 6500 South MacArthur Boulevard,
Oklahoma City, OK 73169, telephone (405) 954-4331.
SUPPLEMENTARY INFORMATION:
Discussion of the Final Rule
Pilot Identification and Certification
The FAA Drug Enforcement Assistance Act of 1988 (Pub. L. 100-690)
(the DEA Act) amended 49 U.S.C. 44703 to direct the FAA to modify the
system for issuing airman certificates to pilots to make the system
more effective in serving the needs of pilots and officials responsible
for enforcement of laws relating to the regulation of controlled
substances. The DEA Act identified a number of deficiencies and abuses
that the modifications must address, including the use of counterfeit
and stolen airman certificates by pilots and the submission of
unidentifiable names of individuals on applications for registration of
aircraft. The DEA Act also amended section 44703 to require the FAA to
prescribe regulations to address the abuses and deficiencies.
Additional background information appears in the notice of proposed
rulemaking (72 FR 489, Jan. 5, 2007).
In 2002, the FAA revised the pilot certificate requirements of part
61 to require a person to carry photo identification when exercising
the privileges of the pilot certificate and to present photo
identification when requested by law enforcement officials. See 67 FR
65858, October 28, 2002. These changes address security and law
enforcement concerns regarding the identification of pilots. Also, in
July 2003, the Civil Aviation Registry (the Registry) discontinued
issuing paper airman certificates and began issuing permanent airman
certificates that incorporate a number of security features. The new
certificates are made of high-quality plastic card stock and include
micro printing, a hologram, and an ultraviolet-sensitive layer that
contains certain words and phrases. These new certificates greatly
reduce the ability to create counterfeit airman certificates.
This final rule provides that the holder of a paper pilot
certificate, other than a temporary pilot certificate or a student
pilot certificate, may not exercise the privileges of the paper
certificate after two years from the date of adoption of this final
rule. After the two-year period, only an FAA-issued plastic pilot
certificate may be used to exercise piloting privileges. The final rule
does not revoke or otherwise cancel a paper certificate. It simply
requires, after this final rule becomes effective, that the pilot have
the plastic certificate to exercise the attendant privileges.
Two years is a reasonable time to allow for the replacement of
pilot certificates by those who want to act as a pilot after the two-
year period without interruption. (A person who holds an older-style
paper pilot certificate may apply for a plastic certificate after the
two-year period, but he or she would not be able to exercise piloting
privileges until he or she obtained the plastic certificate.) We are
assuming that applications for the plastic replacement certificate
would be evenly spread out through the two-year period. If all pilots
wait until close to the end of the two-year period to apply for the
replacement certificate, there would undoubtedly be delays in
processing and receipt of the new certificate. The two-year period
balances our ability to receive and process applications for
replacement certificates, to maintain our existing range of services,
and to reduce the risk of counterfeiting of paper certificates.
To effect this change, we are adopting new paragraph (h) in 14 CFR
61.19 ``Duration of pilot certificates,'' as proposed. Readers should
note that this final rule does not require a holder of a paper pilot
certificate to surrender the certificate when getting the new plastic
certificate. The paper certificate would not authorize the holder to
exercise piloting privileges, but those who wish to retain it may do
so. Currently, the fee for replacing an existing paper certificate is
$2.00. This nominal fee defrays part of the Registry's cost of
replacing the existing paper pilot certificates. At the same time, the
$2.00 fee will not be an undue burden on individuals. To make the
replacement process as quick and easy as possible, the Registry has
recently set up a system that allows a certificate holder to request a
replacement certificate using the Internet. Certificate holders may
access this system by going to the following address: https://amsrvs.registry.faa.gov/amsrvs.
This final rule does not apply to student pilot certificates or
flight instructor certificates. Under existing regulations, these
certificates expire 24 calendar months from the month in which they are
issued or renewed. See 14 CFR 61.19(b) and (d).
This final rule also provides that ground instructors, flight
crewmembers other than pilots (regulated under 14 CFR part 63), and
airmen other than flight crewmembers (regulated under 14 CFR part 65)
who hold paper airmen certificates (other than temporary certificates)
may not exercise the privileges of the paper certificates after five
years from the effective date of the
[[Page 10663]]
final rule. After the five-year period, only an FAA-issued plastic
airmen certificate could be used to exercise these privileges. This
rule does not revoke or otherwise cancel a paper certificate. It simply
requires the airman to have the plastic certificate to exercise the
attendant privileges.
Although the DEA Act only addressed pilot certificates, we are
adopting a parallel change for these other airmen certificates under
the FAA's general rulemaking authority. Ground instructors and part 63
and part 65 airmen play an essential role in the functioning of the
civil aviation system. We must address any potential problems
associated with accurate identification of these airman certificate
holders. A mechanic or flight engineer would have access to aircraft
and have opportunities to participate in drug smuggling activities,
such as concealment of drugs on the aircraft.
To effect these changes, we are adopting the revisions to existing
14 CFR 61.19(e) and new 14 CFR 63.15(d) and 65.15(d) as proposed.
Replacement of these certificates will cost the holder $2.00. To make
the replacement process as quick and easy as possible, the Registry has
recently set up a system that allows a certificate holder to request a
replacement certificate using the Internet. Certificate holders may
access this system by going to the following address: https://amsrvs.registry.faa.gov/amsrvs. Readers should note that a plastic
airman certificate issued under this final rule to replace a paper
certificate will also contain the language proficiency endorsement
needed for international operations under the International Civil
Aviation Organization's Annex 1.
Aircraft Registration
The DEA Act authorizes the FAA to modify the system for registering
and recording conveyances to make the system more effective in serving
the needs of buyers and sellers of aircraft and of officials
responsible for enforcement of laws relating to the regulation of
controlled substances. See 49 U.S.C. 44111. The DEA Act identified a
number of deficiencies, including the submission of unidentifiable
names of individuals on applications for registration of aircraft. The
DEA Act also authorized the FAA to prescribe regulations to address the
deficiencies. The FAA has undertaken a number of non-regulatory actions
to address the deficiencies outlined in the DEA Act. A discussion of
these actions appears in the notice of proposed rulemaking (72 FR 489,
Jan. 5, 2007) and the notice withdrawing the 1990 notice of proposed
rulemaking (70 FR 72403, Dec. 5, 2005).
Notwithstanding the many improvements made by the Registry, we
still have a concern about the accuracy of ownership information
contained in the Registry. Those who transfer ownership of U.S.-
registered aircraft do not always notify the Registry of the transfer
in a timely fashion. The effectiveness of the Registry's document index
and aircraft registry database depends on the accuracy and timeliness
of the information they contain. For this reason, we are amending 14
CFR 47.41(b) to require the person selling, or otherwise transferring
ownership of, a U.S.-registered aircraft to return the certificate of
aircraft registration to the Registry within 21 days of sale or
transfer.
We had proposed to require reporting of aircraft sale within five
days of sale or transfer, but are adopting a 21-day period in response
to comments, discussed below. Twenty-one days is a reasonable amount of
time to complete the reverse side of the certificate and ensure its
arrival at the Registry. It achieves a balance between the need to have
accurate, up-to-date information in the Registry for the use of law
enforcement agencies and our desire not to unduly burden individuals.
To address the problem of the submission of illegible names of
individuals on applications for registration of aircraft, we are
requiring each applicant to provide a printed or typed name with his or
her signature. The Registry has already included this requirement in
the instructions for completing the aircraft registration application.
We are adding it to our regulations to bolster our authority to reject
applications that contain illegible names. To effect this change, we
are adopting changes to a previously undesignated portion of 14 CFR
47.31 that appeared between paragraphs (a) and (b) as proposed.
Currently, the FAA rejects an application if it is not completed or if
the name and signature on the application are not the same throughout.
Under this final rule, the currently undesignated provision becomes new
14 CFR 47.31(b) and includes the requirement for a printed or typed
name under the signature. Existing paragraphs (b) and (c) are
redesignated as paragraphs (c) and (d).
Temporary Paper Certificates and Authorizations
The FAA did not specifically address in the NPRM temporary
certificates issued under Sec. Sec. 61.17, 63.13, and 65.13. The
process of temporary certification was not addressed in the proposal,
and we received no comments on this issue. The FAA will continue to
issue paper temporary certificates as part of the FAA's established
certification process. The final rule includes language in Sec. Sec.
61.19, 63.15, and 65.15 to clarify that temporary certificates are not
required to be plastic to allow the individual to exercise the
privileges of these certificates.
The limited duration (120 days) of the temporary certificates is
one reason that the FAA does not believe that the issuance of paper
temporary certificates is a significant issue. Moreover, in the case of
a pilot airman, the additional privilege accorded by a temporary
certificate typically is attached to an existing pilot certificate. For
example, adding a category, class, instrument or type rating to an
existing pilot certificate means that the individual already holds a
pilot certificate. At the point that the rule requires that the pilot
certificate be plastic, the temporary paper certificate covering the
new privileges will be associated with an existing plastic certificate.
In addition, the FAA recognizes that airmen who have earned an
additional privilege have a justifiable interest in immediately
exercising that privilege.
There are two other paper documents, one issued under part 61 and
the other issued under part 65, that provide authority to engage in
certain aeronautical activities. These documents are not issued by the
Civil Aviation Registry. The first document is a special purpose pilot
authorization issued under Sec. 61.77. This limited authorization is
issued by letter to an individual to permit acting as a pilot aboard an
aircraft of U.S. registry in foreign air commerce, subject to a variety
of limitations and requirements. The FAA will continue to issue Sec.
61.77 authorizations in letter format.
The second document is the inspection authorization issued under
Sec. 65.92. An inspection authorization is not an airman certificate
per se, and to hold and exercise the privileges of the authorization,
the individual must hold a current mechanics certificate with both an
airframe rating and a powerplant rating. Thus, like temporary
certificates that are related to an underlying pilot certificate, an
inspection authorization will always be based on an FAA airman
certificate. At the point under this rule when a plastic certificate is
required for airmen other than pilots, the holder of an inspection
authorization also will have to hold a plastic mechanics certificate
that supports the inspection authorization authority.
[[Page 10664]]
Finally, the FAA will continue the practice of issuing paper
student pilot certificates in the context of obtaining a medical
certificate from an aviation medical examiner. This is consistent with
the NPRM where we specifically excluded student pilot certificates from
the proposed change. For the purposes of addressing the concerns of the
DEA Act, the FAA concluded that changes to the student pilot
certification process are not necessary.
Related Rulemaking Activities
This final rule addresses issues related to the FAA Drug
Enforcement Assistance Act. The FAA will address the requirements of
the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA)
(Pub. L. 108-458) in a future rulemaking. IRTPA requires, among other
things, the inclusion of a digital photograph on pilots' certificates.
The FAA is currently evaluating its options with regard to the best
method to meet this requirement while continuing to evaluate other
changes to improve data quality of the Registry. The FAA is actively
considering whether to propose a rule to require the periodic
registration of aircraft. In a post-9/11 environment, there are
important security and other benefits that would result from a more up-
to-date and accurate aircraft Registry.
Discussion of Comments
General
The notice of proposed rulemaking (NPRM) was published on January
5, 2007, and the comment period closed on March 6, 2007 (72 FR 489). A
total of 48 comments were received from commenters representing air
transportation operators and their associations, pilots and pilot
associations, aircraft owners and aircraft owners associations, and
other individuals.
Several commenters opposed the proposals based on the incorrect
notion that additional fees would be part of the rule. Some commenters
were generally supportive of the changes proposed by the NPRM, but
others did not see benefits from the proposed changes. With regard to
the 5-day sale reporting proposal, some commenters objected to the
short time period (5 days), but not to the concept of establishing a
time certain.
The following discussion of comments includes the substantive
issues raised by commenters.
User Fees
Of the 48 comments, there were 15 that opposed the NPRM because of
their belief that the NPRM contained new user fees. These commenters
thought that this NRPM would implement additional fees for aircraft
registration and the submission of the Form 337 that is used to report
major repairs and alterations to aircraft. There were also some
comments that establishing a user-fee system would add significant
overhead costs.
These commenters read the NPRM incorrectly. We did not propose and
are not adopting new or increased fees for aircraft registration and
the submission of the Form 337. Nor does this final rule establish a
user-fee system. The only fee associated with this final rule is the
existing $2 fee for replacing an airman certificate. Under the final
rule, this is a one-time fee incurred when the paper certificate is
replaced by plastic.
Return of Aircraft Registration Certificate
Some opposition to the NPRM centered on the proposed requirement
that a person selling or otherwise transferring ownership of a U.S.-
registered aircraft return the certificate of aircraft registration to
the Registry within 5 days of sale or transfer. One commenter felt that
the FAA should consider the fact that business transfers of ownership
may involve securing of financial interests and financing and
recommended increasing the time period to 14 business days. The
National Air Transportation Association stated that aircraft
transactions are complicated and frequently occur at sites away from
the principals' primary residence or place of business and proposed a
10-day period. It also requested that the deadline be measured against
the postmark or shipment date, not the delivery date. The National
Business Aviation Association suggested a more reasonable time frame
would be 14 days given the complex nature of most business aircraft
transactions and the global travels of those involved in the
transactions. Northwest Airlines requested we allow up to 21 days to
return the old registration because the owner of an aircraft may not
have immediate access to the old registration at the time of sale.
After considering the comments, we find that we do not disagree
with the idea of allowing more than 5 days to report an aircraft sale
or transfer. Although 5 days may be sufficient in relatively simple
transactions, we do not wish to promulgate a regulation that may
ensnare otherwise law-abiding entities in a violation. For this reason,
of the alternatives proposed by the commenters, 10 days measured from
shipping date, 14 ``business'' days, 14 days, and 21 days, we have
chosen to adopt a 21-day period. Thus, the final rule requires
reporting of aircraft sale or transfer within 21 days from the date of
sale to the date we receive the aircraft registration certificate. This
is fair to the commenter who requested we measure the 10-day time
interval from the shipping date since a 21-day interval should easily
encompass any lag between the shipping date and the delivery date. We
chose not to express the time interval in ``business'' days because
none of our other regulatory time frames make a distinction between
``business'' days and other days. See, for example, existing 14 CFR
47.15(f), 47.31(b), and 47.41(a)(6). We also note that 21 days (3
weeks) essentially corresponds to 14 ``business'' days.
The National Business Aviation Association recommended that we
create a reasonable alternate means of compliance for fractional
aircraft programs due to the potential increased volume of changes for
aircraft in fractional programs.
Fractional aircraft programs can involve situations where there are
large numbers of aircraft owners and where the ownership is constantly
changing. Whenever an owner enters or leaves a fractional program, the
event must be reported to the Registry through an application for an
updated aircraft registration. The NPRM did not propose any change to
the requirement to report changes in aircraft ownership; it simply
proposed to establish a time frame in which the return of the
registration certificate must be accomplished. For this reason, the
change recommended by the National Business Aviation Association is
beyond the scope of this rulemaking.
Replacing Paper Airmen Certificates With Plastic Certificates
A number of individual commenters expressed the view that the
change from paper to plastic certificates will have no benefit on drug
enforcement or improving aviation security. They opposed the expense,
however modest, as an additional fee without a benefit. A smaller
number of individual commenters supported the enhanced certificates, as
did the Airline Pilots Association and the Aircraft Owners and Pilots
Association.
The FAA is convinced that the plastic certificates provide a
significantly higher level of integrity. The security features of the
plastic certificates are significant. The out-of-pocket costs of two
dollars coupled with the ability to easily obtain the new certificate
through the Internet, makes this a significant improvement with minimal
impact.
[[Page 10665]]
Some individual commenters, as well as the National Air
Transportation Association and the Regional Airlines Association,
suggested that this rulemaking be held in abeyance until such time that
the FAA moves forward to address the requirement of IRTPA to add
photographs to pilot certificates. They objected to the cost and
inconvenience of obtaining a plastic certificate only to have to take
another action related to a later rulemaking soon thereafter to
implement IRTPA.
The initiative to address IRTPA, including requiring photographs on
pilot certificates, will require additional rulemaking. It typically
takes several years to complete a rulemaking project, and in the case
of the photo ID requirement, we have not yet issued a proposal for
public comment. Meanwhile, we have already issued plastic certificates
to nearly 60 percent of pilots. The replacement of the remaining paper
certificates with new plastic ones is a low-cost, easy way to improve
the quality of certificates in the near term. In addition, the FAA
currently has in place regulations that require pilots to provide a
form of third-party photo identification to exercise the privileges of
the airman certificate.
We are currently evaluating our options with regard to the best
method of complying with the remaining IRTPA mandates, including
putting a digital photo on pilot certificates. The FAA does intend
ultimately to establish a digital photo requirement for pilot
certificates. The rulemaking to implement additional security features
on pilot certificates will give interested parties an opportunity to
comment.
Properties of Existing Plastic Certificates
There were comments that the current plastic certificates would be
as easy to counterfeit as the paper certificates.
The FAA disagrees with these comments as there a number of features
of the new certificates that make them difficult to duplicate. Some of
these features are the use of micro-printing, holograms, and an
ultraviolet layer.
There were also comments that the printing on the plastic
certificates could be easily rubbed off and replaced with false
information.
The plastic certificates currently being issued have been enhanced
with a protective layer on top of the printing that precludes this
possibility. The FAA believes that the properties of the current
plastic certificates make them difficult to counterfeit.
Applicability to Repairmen
An individual commenter asked if the proposed change would have the
same impact for repairmen as for certificated mechanics. In the
commenter's view, the proposal did not address certificates issued
under part 65 for repairmen.
The commenter must have misunderstood the proposal. The proposal
included new Sec. 65.15(d), which would apply to the holder of a paper
certificate issued under part 65. Part 65 applies to airmen other than
flight crew members, including air traffic control tower operators,
aircraft dispatchers, mechanics, repairmen, and parachute riggers.
However, Sec. 65.15(d) does not apply to inspection authorizations
issued under Sec. 65.91 since an inspection authorization is not a
certificate under Sec. 61.15(d).
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. An agency may not collect or
sponsor the collection of information, nor may it impose an information
requirement unless it displays a currently valid Office of Management
and Budget (OMB) control number.
As required by the Act, we submitted a copy of the new information
requirements to OMB for their review when we published the NPRM.
Additionally, in the NPRM, we solicited comments from the public on the
proposed new information collection requirements. No comments relating
to the proposed new information collection requirements were received.
Affected parties, however, do not have to comply with the information
collection requirements of this rule until the OMB approves the FAA's
request for this information collection requirement. The FAA will
publish a separate document notifying you of the OMB Control Number and
the compliance date(s) for the information collection requirements of
this rule.
Under this final rule, two years after the final rule becomes
effective, paper pilot certificates may no longer be used to exercise
piloting privileges. Five years after the final rule becomes effective,
certain other paper airmen certificates, such as those of flight
engineers and mechanics, may no longer be used to exercise the
privileges authorized by those certificates. To exercise the privileges
after those respective dates, the airmen would have to replace their
paper certificates with upgraded, counterfeit-resistant plastic
certificates. The FAA estimates that there are 900,000 active airmen,
of which 450,000 are pilots.
Each airman having a paper certificate would need to provide the
FAA, the Airmen Certification Branch at the Civil Aviation Registry,
with the appropriate paperwork. This can be done either through the
mail or electronically. The fee for this new replacement certificate is
$2. The FAA assumes that it will take no more than five minutes for
each airman to process the paperwork; the total cost to each airman
would be about $5. Five-year costs range from $1.51 million ($1.31
million, discounted) for the low-cost scenario to $3.45 million ($2.96
million, discounted) for the high-cost scenario.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, FAA's policy is to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this 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 final rule. We suggest readers seeking
greater detail
[[Page 10666]]
read the full regulatory evaluation, a copy of which we have placed in
the docket for this rulemaking.
In conducting these analyses, FAA has determined that this rule:
(1) Has benefits that justify its costs, (2) is not an economically
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, (3) is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures; (4) would not have a significant
economic impact on a substantial number of small entities; (5) would
not create unnecessary obstacles to the foreign commerce of the United
States; and (6) would not impose an unfunded mandate on state, local,
or tribal governments, or on the private sector by exceeding the
threshold identified above. These analyses are summarized below.
Regulatory Evaluation Summary
Analysis of Costs
The FAA assumes that an equal number of paper airmen certificates
will be replaced each year. The FAA projects that there will be about
335,800 pilots who still hold paper certificates, so the FAA assumes
that about 167,900 will get their new plastic certificate in 2008 and
in 2009. Excluding the certified flight instructors, about 399,600
other individuals with airman certificates will need to replace their
certificates over a 5 year period, or about 79,900 a year.
The FAA has considered two cost scenarios. The first, low cost
scenario, assumes that since some airmen have been replacing their
paper certificates with the new plastic certificates, either because
they have requested replacement certificates or because they have
received new certificates after attaining additional ratings, they will
continue to do so without the rule. The cost that these pilots will
incur to replace their certificates cannot be considered a cost of the
final rule, since they would have replaced their certificates without
the rule. The second, high cost scenario, assumes that no pilots or
airmen will replace their paper certificates with plastic certificates
unless the rule required them to do so.
Pilot and Airmen Costs
Each airman having a paper certificate will need to provide the
FAA's Airmen Certification Branch at the Civil Aviation Registry with
the appropriate paperwork. This can be done either through the mail or
electronically. The fee for this new replacement certificate is $2. The
FAA assumes that it will take no more than 5 minutes for each airman to
process the paperwork; the total cost to each airman will be about $5.
Five-year costs range from $1.51 million ($1.31 million, discounted)
for the low-cost scenario to $3.45 million ($2.96 million, discounted)
for the high-cost scenario.
Government Costs
There are several steps involved with the FAA processing a request
for a duplicate airman certificate. These steps include federal
employees at two different grade levels as well as several contractors,
including those who will preprocess and scan the images, index the
image, review the certificate for accuracy, and print and mail the
certificates. The total costs per new certificate sum to about $4.50;
5-year costs range from $1.45 million ($1.26 million, discounted) for
the low-cost scenario to $3.30 million ($2.83 million discounted) for
the high-cost scenario. The lower cost represents the low cost
scenario, while the higher cost represents the high cost scenario.
Total costs, over 5 years, to replace the existing paper
certificates range from $2.96 million ($2.57 million, discounted), the
low cost scenario, to $6.75 million ($5.79 million, discounted), the
high cost scenario.
Analysis of Benefits
Congress has determined that the smuggling of drugs into the United
States by general aviation aircraft is a major contributing factor in
the illegal drug crisis facing the nation. As a result of that
determination, the Congress expanded the mission of the FAA to include
assisting law enforcement agencies in the enforcement of laws
regulating controlled substances, to the extent consistent with
aviation safety.
The Congress has stated in the Drug-Free America Policy of the Drug
Enforcement Assistance Act of 1988 that the total cost of drug use to
the economy is estimated to be over $100 billion annually. Were this
rule to reduce society's economic cost of drug use by approximately 1/
74,000th for the high cost scenario or 1/169,000th for the low cost
scenario over 5 years, that achievement will more than equal the
estimated cost to society of these regulatory changes. The FAA believes
that such a reduction is achievable. Congress, which reflects the will
of the American public, has determined that this action is in the best
interest of the nation.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (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 affects aircraft owners, through part 47, and pilots,
through parts 61, 63, and 65. The change to part 47 will affect all
aircraft owners. However, as stated above, they have always been
required to send in the registration package upon purchase of a new
aircraft; this rule does not impose any new requirements on new
aircraft owners. Accordingly, there are no additional costs for these
owners.
The changes to parts 61, 63, and 65 will impose an estimated $5 in
compliance costs on pilots applying for certificate reissuances. This
cost covers the costs for the postage, applicant's time, and the $2
reissuance fee charged to pilots. However, pilots are not small
entities and are not covered by the Regulatory Flexibility Act. The FAA
recognizes that there are one-man businesses that provide aviation
services; however, the cost of this final rule to them will be
negligible and, therefore, not significant.
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) prohibits Federal
agencies from establishing any
[[Page 10667]]
standards or engaging in 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. The FAA has assessed the potential effect of this final rule
and has determined that it will have only a domestic impact and
therefore no affect on international trade.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) 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 an expenditure of $100 million or more (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 $128.1 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II 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, 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 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 final rule qualifies for the categorical exclusion
identified in paragraph 312d 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.
Availability of Rulemaking Documents
You can get an electronic copy of this final rule using the
Internet by:
(1) Searching the Federal eRulemaking portal at http://www.regulations.gov;
(2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; 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 docket number, notice number, or amendment 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. 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 the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 47
Aircraft, Reporting and recordkeeping requirements.
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Drug abuse, Recreation and
recreation areas, Reporting and recordkeeping requirements, Teachers.
14 CFR Part 63
Aircraft, Airmen, Alcohol abuse, Drug abuse, Navigation (air),
Reporting and recordkeeping requirements.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Drug abuse, Reporting and recordkeeping requirements.
The Amendments
0
In consideration of the foregoing the Federal Aviation Administration
is amending Chapter I of Title 14 Code of Federal Regulations as
follows:
PART 47--AIRCRAFT REGISTRATION
0
1. The authority citation for part 47 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113-40114, 44101-44108, 44110-
44111, 44703-44704, 44713, 45302, 46104, 46301; 4 U.S.T. 1830.
0
2. Amend Sec. 47.31 to redesignate existing paragraphs (b) and (c) as
(c) and (d) and designate the undesignated text following paragraph
(a)(3) as a new paragraph (b) and revise it to read as follows:
Sec. 47.31 Application.
* * * * *
(b) The FAA rejects an application when--(1) Any form is not
completed;
(2) The name and signature of the applicant are not the same
throughout; or
(3) The applicant does not provide a legibly printed or typed name
with the signature in the signature block.
* * * * *
0
3. Amend Sec. 47.41 by revising paragraph (b) to read as follows:
Sec. 47.41 Duration and return of Certificate.
* * * * *
(b) The Certificate of Aircraft Registration, with the reverse side
completed, must be returned to the FAA Aircraft Registry--
(1) Within 21 days in the case of registration under the laws of a
foreign country, by the person who was the owner of the aircraft before
foreign registration;
(2) Within 60 days after the death of the holder of the
certificate, by the administrator or executor of his estate, or by his
heir-at-law if no administrator or executor has been or is to be
appointed; or
(3) Within 21 days of the termination of the registration, by the
holder of the Certificate of Aircraft Registration in all other cases
mentioned in paragraph (a) of this section.
[[Page 10668]]
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
4. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
5. Amend Sec. 61.19 by:
0
A. Revising paragraph (e); and
0
B. By adding new Paragrah (h) to read as follows:
Sec. 61.19 Duration of pilot and instructor certificates.
* * * * *
(e) Ground instructor certificate. (1) A ground instructor
certificate issued under this part is issued without a specific
expiration date.
(2) Except for temporary certificates issued under Sec. 61.17, the
holder of a paper ground instructor certificate issued under this part
may not exercise the privileges of that certificate after March 31,
2013.
* * * * *
(h) Duration of pilot certificates. Except for a temporary
certificate issued under Sec. 61.17 or a student pilot certificate
issued under paragraph (b) of this section, the holder of a paper pilot
certificate issued under this part may not exercise the privileges of
that certificate after March 31, 2010.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
6. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
7. Amend Sec. 63.15 by adding new paragraph (d) to read as follows:
Sec. 63.15 Duration of certificates.
* * * * *
(d) Except for temporary certificate issued under Sec. 63.13, the
holder of a paper certificate issued under this part may not exercise
the privileges of that certificate after March 31, 2013.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
8. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
9. Amend Sec. 65.15 by adding new paragraph (d) to read as follows:
Sec. 65.15 Duration of certificates.
* * * * *
(d) Except for temporary certificates issued under Sec. 65.13, the
holder of a paper certificate issued under this part may not exercise
the privileges of that certificate after March 31, 2013.
Issued in Washington, DC, on February 6, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-3827 Filed 2-27-08; 8:45 am]
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