Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating, 74607-74612 [2014-29386]
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
lever. No further action is required by
paragraph (h) of this AD for that replaced
valve and lever.
(2) If no damage is found, within the
compliance time required by paragraph (h) of
this AD, do a detailed inspection to detect
interference between the landing gear door
control rod and the landing gear sequence
valve, and do all applicable corrective
actions. Do all applicable corrective actions
before further flight. No further action is
required by paragraph (h) of this AD.
(3) For the purposes of this AD, a detailed
inspection is: An intensive examination of a
specific item, installation, or assembly to
detect damage, failure, or irregularity.
Available lighting is normally supplemented
with a direct source of good lighting at an
intensity deemed appropriate. Inspection
aids such as mirror, magnifying lenses, etc.,
may be necessary. Surface cleaning and
elaborate procedures may be required.
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(i) Parts Installation Limitation
As of the effective date of this AD, no
person may install on any airplane a landing
gear sequence valve, unless that valve has
been inspected and corrected, as applicable,
in accordance with the requirements of
paragraph (h) of this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Dan Rodina, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–2125; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office. The AMOC approval letter
must specifically reference this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(k) Related Information
Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2013–0058, dated
March 11, 2013, or related information. This
MCAI may be found in the AD docket on the
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Internet at https://www.regulations.gov/#
!documentDetail;D=FAA-2014-0448-0002.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A300–32–0464,
dated July 17, 2012.
(ii) Airbus Service Bulletin A300–32–6110,
dated July 17, 2012.
(iii) Airbus Service Bulletin A310–32–
2146, dated July 17, 2012.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
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202–741–6030, or go to: https://www.archives.
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Issued in Renton, Washington, on
December 5, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–29228 Filed 12–15–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 65
[Docket No.: FAA–2014–1000; Amdt. No.
65–56]
RIN 2120–AK40
Elimination of the Air Traffic Control
Tower Operator Certificate for
Controllers Who Hold a Federal
Aviation Administration Credential
With a Tower Rating
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
This rulemaking eliminates
the requirement for an air traffic control
tower operator to hold a control tower
operator certificate if the individual also
holds a Federal Aviation Administration
Credential with a tower rating (FAA
SUMMARY:
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74607
Credential). The requirement to hold
both the control tower operator
certificate and the FAA Credential is
redundant since the underlying
requirements for the FAA Credential
encompass those of the control tower
operator certificate. This action will
reduce the FAA’s burden of
administering redundant programs for
those individuals who hold an FAA
Credential.
DATES: This rule is effective February
17, 2015. Send comments on or before
February 17, 2015.
ADDRESSES: Send comments identified
by docket number FAA–2014–1000
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://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
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
https://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 Michele Cappelle, Air
Traffic Safety Oversight Service, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–5205; email michele.cappelle@
faa.gov.
For legal questions concerning this
action, contact Neal O’Hara, Attorney,
Office of the Chief Counsel, Regulations
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Division, AGC–240, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3073; email
neal.o’hara@faa.gov.
SUPPLEMENTARY INFORMATION:
Executive Summary
On January 18, 2011, the President
signed Executive Order 13563,
Improving Regulation and Regulatory
Review. Among other things, Section 6
of that Executive Order directs agencies
to conduct a retrospective analysis of
existing rules. Specifically, Executive
Order 13563 provides that ‘‘[t]o
facilitate the periodic review of existing
significant regulations, agencies shall
consider how best to promote
retrospective analysis of rules that may
be outmoded, ineffective, insufficient,
or excessively burdensome, and to
modify, streamline, expand, or repeal
them in accordance with what has been
learned.’’
Consistent with Executive Order
13563, the FAA routinely evaluates
existing regulations and other
requirements. The FAA works to
identify unnecessary, duplicative, or
ineffective regulations and to mitigate
the impacts of those regulations, where
possible, without compromising safety.
As part of the FAA’s continuing
obligation to review its regulations, the
agency has reviewed the requirement in
Title 14, Code of Federal Regulations
(14 CFR) part 65 that FAA air traffic
control tower operators hold a CTO
certificate. The FAA has determined
that the requirement for FAA air traffic
control tower operators to hold the CTO
certificate is redundant and
unnecessary. These individuals are also
required by FAA Order 8000.90, Air
Traffic Safety Oversight Credentialing
and Control Tower Operator
Certification Programs, to hold an FAA
Credential, and the underlying
requirements for the FAA Credential
encompass those of the CTO certificate.
Therefore, consistent with the
requirements of Executive Order 13563,
and as discussed later, persons who
hold an FAA Credential for the
performance of their duties will no
longer be required to hold a CTO
certificate.
The purpose of both the FAA
Credentialing and the CTO programs is
to establish that air traffic controllers
possess the requisite skills to do their
jobs safely. While the FAA Credential is
comparable to a CTO certificate, they
are two different programs requiring
separate administrative activities. After
many years of overseeing both
programs, the FAA has determined
there is no appreciable value in
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imposing both programs on the same
population. Therefore, the FAA is
amending 14 CFR part 65 to permit a
person to act as an air traffic control
tower operator if that person holds
either an FAA Credential or a CTO
certificate. FAA tower controllers must
hold an FAA Credential. This
amendment eliminates the need for an
air traffic control tower operator to hold
both an FAA Credential and a CTO
certificate.
The FAA notes that the CTO program
will remain intact for those individuals
who are not required to hold an FAA
Credential (e.g., controllers at nonFederal contract towers). In addition,
FAA air traffic control tower operators
who currently possess CTO certificates
will be permitted to retain them.
The FAA estimates there will be
minimal cost savings to the FAA of
about $189,600 because of this rule
change.
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of Title 5 of the
United States Code (5 U.S.C.),
authorizes agencies to dispense with
notice and comment procedures for
rules when the agency finds ‘‘good
cause’’ that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
rulemaking.
The FAA finds that prior notice and
public comment on this final rule are
unnecessary. This final rule eliminates
the requirement for an air traffic control
tower operator (CTO) to hold a CTO
certificate if the individual also holds an
FAA Credential with a tower rating
(FAA Credential). The requirement to
hold both the CTO certificate and the
FAA Credential is redundant, since the
underlying requirements for the FAA
Credential encompass those of the CTO
certificate, and there will not be an
adverse safety impact. Therefore, the
FAA has determined that prior notice
and public comment are unnecessary.
Comments Invited
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. The FAA is adopting this
final rule without prior notice, but with
public comment, because this rule
removes a redundant requirement and
promotes program efficiencies.
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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, specifically Sections
106(f) and (g). 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
44701, General Requirements; Section
44702, Issuance of Certificates; and,
Section 44703, Airman Certificates.
Under Section 44701, the FAA is
charged with prescribing regulations
and minimum standards for practices,
methods, and procedures the
Administrator finds necessary for safety
in air commerce. Section 44702
provides the authority for the
Administrator to issue certificates,
including airman certificates. Section
44703 describes the conditions that
must be met for the Administrator to
issue an airman certificate. This rule is
within the scope of that authority.
I. Background
A. Statement of the Problem
According to § 65.31, a person must
hold a CTO certificate issued under
subpart B of part 65 to act as an air
traffic control tower operator. When the
rule was first promulgated in 1962, all
FAA controllers worked in tower
facilities. However, as the air traffic
control system evolved, other types of
facilities, namely En Route and
Terminal Radar Approach Control
(TRACON) facilities, came into
existence. The rule, however, continued
to require only air traffic control tower
operators to hold a CTO certificate.
The FAA’s Air Traffic Safety
Oversight Service (AOV) issues the FAA
Credential to FAA air traffic controllers
under its authority in FAA Order
1100.161 Change 1, Air Traffic Safety
Oversight. FAA Order 8000.90, Air
Traffic Safety Oversight Credentialing
and Control Tower Operator
Certification Programs, explains how
each of these programs are
administered.
The FAA Credentialing program is
broader than the CTO program. The
FAA Credentialing program requires all
FAA air traffic controllers, including
those working in tower, En Route and
TRACON facilities, to hold an FAA
Credential with appropriate ratings.
FAA control tower operators, therefore,
hold a CTO certificate under § 65.31 as
well as an FAA Credential. The
requirement to hold both the CTO
certificate and the FAA Credential is
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redundant, since the underlying
requirements for the FAA Credential
encompass those of the CTO certificate.
There will not be an adverse impact to
safety as the result of this change to part
65.
The purpose of both the FAA
Credentialing and the CTO programs is
to establish that air traffic controllers
possess the requisite skills to do their
jobs safely. While the FAA Credential is
comparable to a CTO certificate, they
are two different programs requiring
separate administrative activities. After
many years of overseeing both
programs, the FAA has determined
there is no appreciable value in
imposing both programs on the same
population (FAA control tower
operators). After the effective date of
this rule, the FAA will no longer issue
CTO certificates to FAA air traffic
control tower operators who are
required to hold an FAA Credential for
the performance of their duties. As
noted previously, FAA air traffic control
tower operators who currently possess
CTO certificates will be permitted to
retain them.
B. CTO Program
On August 10, 1962, the FAA
published a final rule that added
Subchapter D ‘‘Airmen’’ to Chapter I of
Title 14 of the Code of Federal
Regulations (27 FR 7954). The
amendment was part of the FAA’s
program to recodify its regulatory
material into the Federal Aviation
Regulations, which replaced the Civil
Air Regulations and Regulations of the
Administration. This rule first
established the requirements for the
CTO certificate in part 65. The purpose
of the CTO program is to ensure that air
traffic controllers possess the requisite
qualifications and skills to do their jobs
safely.
The FAA established AOV in 2005 to
provide independent oversight of air
traffic services. As part of its
responsibilities, AOV manages the CTO
program and establishes policy and
guidance for the program. The FAA’s
Civil Aviation Registry is the official
custodian of airmen and aircraft records.
The Registry is the office responsible for
the day-to-day administration activities
including the review, recordation, and
the issuance of CTO certificates and
AOV Credentials. The CTO information
that is currently in the Civil Aviation
Registry database will remain in the
database. The Civil Aviation Registry
will continue to maintain CTO
information and will continue to receive
and process CTO applications for
individuals who meet the requirements
of 14 CFR part 65.
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The FAA’s Civil Aviation Registry
will continue to receive inquiries
concerning FAA air traffic controllers.
Any inquiries related to policy and
guidance concerning the CTO program
and the Credentialing program will be
directed to AOV, as appropriate.
12326). The FAA intended to remove
the junior and senior ratings because
they were unnecessary, but
inadvertently did not remove the
regulatory text. This rule corrects that
error, and the FAA is now removing the
unnecessary requirement.
C. FAA Credentialing Program
III. Regulatory Notices and Analyses
In addition to managing the CTO
program, AOV manages the FAA
Credentialing program for air traffic
controllers. Like the CTO program, the
purpose of the Credentialing program is
to establish that air traffic controllers
possess the requisite qualifications and
skills to do their jobs safely. The
Credentialing program encompasses the
underlying requirements of the CTO
program. Unlike the CTO program,
which is only applicable to air traffic
control tower operators, the FAA
Credentialing program is broader and
applies to all air traffic controllers,
including those who work in En Route
and TRACON facilities.
AOV is the office responsible for
tracking and maintaining the system
that houses FAA Credential
information. This system does not
contain any personally identifiable
information, such as Social Security
numbers, home addresses, or dates of
birth.
A. Regulatory Evaluation
II. Discussion of Adopted Final Rule
A. Removal of Redundant Program
Requirements (§§ 65.11 and 65.31)
The FAA is revising §§ 65.11 and
65.31 to recognize the FAA Credential
and permits a person to act as an air
traffic control tower operator if that
person holds either an FAA credential
or a CTO certificate. FAA tower
controllers must hold an FAA
credential. Any person who is required
to hold an FAA Credential for the
performance of his or her duties will no
longer be required to also hold a CTO
certificate. It also relieves the FAA from
subjecting a select group of air traffic
controllers to two separate programs.
To conform to the changes in this
rule, the FAA is updating its internal
procedures for managing the FAA
Credentialing and CTO programs (FAA
Order 8000.90). The revision to FAA
Order 8000.90 will be effective at the
same time as this rule.
B. Removal of Outdated Language
(§ 65.43)
The FAA is also removing outdated
language regarding junior and senior
ratings. On August 1, 1970, the FAA
published a final rule that reorganized
the requirements in subpart B of part 65
and established a facility rating (35 FR
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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 (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
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 final 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)
will not have a significant economic
impact on a substantial number of small
entities; (5) will not create unnecessary
obstacles to the foreign commerce of the
United States; and (6) will 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.
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Who is potentially affected by this rule?
Persons who hold an FAA Credential
for the performance of their duties are
potentially affected by this rule. After
the effective date of this rule, such
persons will no longer be required to
hold a CTO certificate.
Assumptions:
• All costs are presented in 2014
dollars.
• The FAA estimates about $35 to
process each CTO certificate.
• The number of CTO certificates
issued in 2011 and 2012 totaled 1,070
and 1,048, respectively. The average of
both years is 1,059.
• The FAA estimates 2 hours for the
Air Traffic Supervisor/Manager to fill
out the CTO form.
• The FAA estimates 15 minutes for
a Legal Instruments Examiner to enter
the CTO form information into the AFS
database.
• The hourly rate for an Air Traffic
Supervisor/Manager is $68.11.
• The hourly rate for a Legal
Instruments Examiner is $31.29.
Total Benefits and Costs of This Rule
This final rule responds to Executive
Order 13563 by reducing the FAA’s
burden of administering redundant
programs, the FAA Credentialing
program and the CTO program.
A CTO certificate costs the same
amount as an FAA Airmen Certificate to
produce. The FAA estimates that this
cost range is between $20 and $50 per
Airmen Certificate. The FAA used the
midpoint of that range, $35, as an
estimate of cost to produce a CTO
certificate.
Since this rulemaking eliminates the
requirement for controllers holding an
FAA Credential to also hold a CTO
certificate, this amounts to an average
cost savings of approximately $189,600;
ranging from $173,700–$205,500 for a
$20–$50 per application processing
cost, respectively.
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B. 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,
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including small businesses, not-forprofit 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.
The FAA has determined that this
final rule will not have a significant
economic impact on a substantial
number of small entities for the
following reason:
This rule reduces redundancy, which
lowers FAA costs and has no effect
outside of the FAA.
Therefore, as provided in section
605(b), the head of the FAA certifies
that this rulemaking will not result in a
significant economic impact on a
substantial number of small entities.
The FAA solicits comments regarding
this determination.
C. 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 final rule and
determined that it will have only a
domestic impact and therefore will not
create unnecessary obstacles to the
foreign commerce of the United States.
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D. 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 $151
million in lieu of $100 million. This
final rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
E. 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. The
FAA has determined that there is no
new requirement for information
collection associated with this final
rule.
F. 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 new differences
with these regulations.
G. Environmental Analysis
FAA Order 1050.1E, Environmental
Impacts: Policies and Procedures,
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.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. The
agency determined that this action will
not have a substantial direct effect on
the States, or the relationship between
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
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.
B. 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.
C. Executive Order 13609
Executive Order 13609, Promoting
International Regulatory Cooperation,
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.
tkelley on DSK3SPTVN1PROD with RULES
V. How To Obtain 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
this rule. The most helpful comments
reference a specific portion of the rule,
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. The FAA will consider
all comments it receives on or before the
closing date for comments. The agency
may change this rule in light of the
comments it receives.
Commenters are encouraged to
identify the provisions on which they
are commenting based on the title of the
provisions.
VerDate Sep<11>2014
16:25 Dec 15, 2014
Jkt 235001
Proprietary or Confidential Business
Information: Commenters should 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.
74611
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document, may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the Internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 65
Air traffic controllers, Airmen,
Aviation safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
PART 65—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 65 is
revised to read as follows:
■
B. Rulemaking Documents
An electronic copy of a rulemaking
document may be obtained by using the
Internet—
1. Search the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies Web page at https://www.faa.
gov/regulations_policies/ or
3. Access the Government Printing
Office’s Web page at: https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending a request (identified by notice,
amendment, or docket number of this
rulemaking) to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680.
Authority: 49 U.S.C. 106(f), 106(g). 40113,
44701–44703, 44707, 44709–44711, 45102–
45103, 45301–45302.
C. Comments Submitted to the Docket
Comments received may be viewed by
going to https://www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s 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.).
No person may act as an air traffic
control tower operator at an air traffic
control tower in connection with civil
aircraft unless he or she—
(a) Holds an FAA Credential with a
tower rating or an air traffic control
tower operator certificate issued under
this subpart;
(b) Holds a facility rating for that
control tower issued under this subpart,
or has qualified for the operating
position at which he or she acts and is
under the supervision of the holder of
a facility rating for that control tower;
and
*
*
*
*
*
D. 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
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
2. Amend § 65.11 by revising
paragraph (b) to read as follows:
■
§ 65.11
Application and issue.
*
*
*
*
*
(b) Except for FAA Credential holders
with tower ratings, an applicant who
meets the requirements of this part is
entitled to an appropriate certificate and
rating.
*
*
*
*
*
■ 3. Amend § 65.31 by revising the
section heading, introductory text, and
paragraphs (a) and (b) to read as follows:
§ 65.31 Required credentials, certificates,
and ratings or qualifications.
§ 65.43
■
[Removed and Reserved]
4. Remove and reserve § 65.43.
E:\FR\FM\16DER1.SGM
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on November 14, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014–29386 Filed 12–15–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 5 and 232
[Docket No. FR–5794–F–03]
RIN 2502–AJ25
Federal Housing Administration (FHA):
Section 232 Healthcare Facility
Insurance Program—Aligning Operator
Financial Reports With HUD’s Uniform
Financial Reporting Standards
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Final rule.
AGENCY:
On September 16, 2014, HUD
published an interim rule that revised
the financial reporting deadlines for
operators participating in FHA’s
program for insurance of health care
facilities under section 232 of the
National Housing Act (Section 232
program) to bring them in-line with the
reporting periods prescribed in HUD’s
Uniform Financial Reporting Standards,
to which owners and borrowers
participating in the Section 232 program
are subject. HUD received no public
comments in response to its solicitation
of comment in the September 16, 2014,
rule, and is therefore adopting the
interim rule without change.
DATES: Effective date: January 15, 2015.
FOR FURTHER INFORMATION CONTACT:
Vance T. Morris, Office of Residential
Care Facilities, Office of Healthcare
Programs, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6264, Washington, DC 20410–8000;
telephone number 202–708–0599 (this
is not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
A. Background
Section 232 of the National Housing
Act (12 U.S.C. 1715w) (Section 232)
authorizes FHA to insure mortgages
made by private lenders to finance the
development of nursing homes,
intermediate care facilities, board and
care homes, and assisted living facilities
VerDate Sep<11>2014
16:25 Dec 15, 2014
Jkt 235001
(collectively, residential healthcare
facilities). The Section 232 program
allows for long-term, fixed-rate
financing for new and rehabilitated
properties for up to 40 years. Existing
properties without rehabilitation can be
financed with or without Ginnie Mae® 1
Mortgage Backed Securities for up to 35
years. Eligible borrowers under the
Section 232 program include investors,
builders, developers, public entities,
and private nonprofit corporations and
associations. The documents executed
at loan closing provide that the
borrower may not engage in any other
business or activity. The Section 232
program regulations are codified in 24
CFR part 232.
In 2012, HUD commenced the
rulemaking to update the Section 232
program regulations, regulations that
had not been revised since 1996. By
final rule published on September 7,
2012, at 77 FR 55120, HUD revised the
Section 232 program regulations to
reflect current policy and practices, and
improve accountability and strengthen
risk management in the Section 232
program. The September 7, 2012, final
rule was preceded by a proposed rule
published on May 3, 2012, at 77 FR
26304.
Included in the updates made by the
2012 rulemaking were revisions to 24
CFR 5.801 (Uniform Financial Reporting
Standards) and 24 CFR 232.1009
(Financial Reports), both of which
contained reporting requirements
applicable to the Section 232 program.
HUD revised these regulatory sections to
include operators of projects insured or
held by HUD as entities that must
submit financial statements to HUD.
Owners and borrowers have long been
required to submit financial reports.
Sections 5.801(c)(4) and 232.1009
provide that operators must submit
financial statements to HUD quarterly
within 30 calendar days of the date of
the end of each fiscal quarter, and 60
calendar days from the end of the fiscalyear-end quarter to submit final fiscal
year end quarter and fiscal year-to-date
reports to HUD. The other entities
required to submit reports were
provided slightly longer periods to
prepare and submit the reports than that
provided to operators. In the September
7, 2012, final rule, commenters asked
that HUD extend the 30-day filing
deadline for end-of-each quarterly
report to 60 days. HUD declined to
provide the extension and stated that
receipt of unaudited quarterly and yearto-date operator financial statements
1 Ginnie Mae is a registered service mark of the
Government National Mortgage Association; see
https://www.ginniemae.gov/.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
promptly at the end of each quarter is
needed for effective monitoring of a
property’s financial operations and the
trend of those operations.
HUD’s September 16, 2014, interim
rule, published at 79 FR 55360, revised
the Section 232 program regulation to
increase the amount of time operators
have to comply with the reporting
requirements provided in §§ 5.801(c)(4)
and 232.1009. In the interim rule, HUD
advised that with almost two years of
administering the Section 232 program
under the revised regulations, HUD
determined that it can provide operators
additional time to submit financial
reports and maintain the effective
monitoring of a property’s financial
operations and the trend of those
operations, which was of concern to
HUD in the September 7, 2012, rule.
The September 16, 2014, interim rule
provided operators with 60 calendar
days following the end of a fiscal
quarter and 90 calendar days following
the end of the fiscal-year-end quarter to
comply with HUD’s financial statement
reporting requirements. HUD solicited
comment on the changes made to
Section 232 program regulations by the
September 16, 2014, interim rule, but
received no public comments in
response to this solicitation.
On October 3, 2014, HUD published
a notice in the Federal Register, at 79
FR 59646, announcing the
commencement of compliance with the
Uniform Financial Reporting Standards.
Section 5.801(d)(4) of HUD’s Uniform
Financial Reporting Standards
regulations provides that operators of
projects with Section 232 insured
mortgages (the entities described in
§ 5.801(a)(6)) must comply with the
requirements of § 5.801 with respect to
fiscal years commencing on or after the
date that is 60 calendar days after the
date on which HUD announces, through
Federal Register notice, that it has
issued guidance on the manner in
which these reports will be transmitted
to HUD. The October 3, 2014, notice
served as the notice required by
§ 5.801(d)(4) that HUD has issued
guidance on the manner in which the
operator financial reports will be
transmitted to HUD.2 Accordingly,
operators must comply with the
operator financial report requirements
for fiscal years commencing on or after
December 2, 2014.
2 That guidance can be found under the Guidance
for Lenders’ Operator Financial Statement section at
https://portal.hud.gov/hudportal/HUD?src=/federal_
housing_administration/healthcare_facilities/
residential_care.
E:\FR\FM\16DER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74607-74612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29386]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 65
[Docket No.: FAA-2014-1000; Amdt. No. 65-56]
RIN 2120-AK40
Elimination of the Air Traffic Control Tower Operator Certificate
for Controllers Who Hold a Federal Aviation Administration Credential
With a Tower Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rulemaking eliminates the requirement for an air traffic
control tower operator to hold a control tower operator certificate if
the individual also holds a Federal Aviation Administration Credential
with a tower rating (FAA Credential). The requirement to hold both the
control tower operator certificate and the FAA Credential is redundant
since the underlying requirements for the FAA Credential encompass
those of the control tower operator certificate. This action will
reduce the FAA's burden of administering redundant programs for those
individuals who hold an FAA Credential.
DATES: This rule is effective February 17, 2015. Send comments on or
before February 17, 2015.
ADDRESSES: Send comments identified by docket number FAA-2014-1000
using any of the following methods:
Federal eRulemaking Portal: Go to https://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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
https://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 Michele Cappelle, Air Traffic Safety Oversight
Service, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-5205; email
michele.cappelle@faa.gov.
For legal questions concerning this action, contact Neal O'Hara,
Attorney, Office of the Chief Counsel, Regulations
[[Page 74608]]
Division, AGC-240, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email
neal.o'hara@faa.gov.
SUPPLEMENTARY INFORMATION:
Executive Summary
On January 18, 2011, the President signed Executive Order 13563,
Improving Regulation and Regulatory Review. Among other things, Section
6 of that Executive Order directs agencies to conduct a retrospective
analysis of existing rules. Specifically, Executive Order 13563
provides that ``[t]o facilitate the periodic review of existing
significant regulations, agencies shall consider how best to promote
retrospective analysis of rules that may be outmoded, ineffective,
insufficient, or excessively burdensome, and to modify, streamline,
expand, or repeal them in accordance with what has been learned.''
Consistent with Executive Order 13563, the FAA routinely evaluates
existing regulations and other requirements. The FAA works to identify
unnecessary, duplicative, or ineffective regulations and to mitigate
the impacts of those regulations, where possible, without compromising
safety.
As part of the FAA's continuing obligation to review its
regulations, the agency has reviewed the requirement in Title 14, Code
of Federal Regulations (14 CFR) part 65 that FAA air traffic control
tower operators hold a CTO certificate. The FAA has determined that the
requirement for FAA air traffic control tower operators to hold the CTO
certificate is redundant and unnecessary. These individuals are also
required by FAA Order 8000.90, Air Traffic Safety Oversight
Credentialing and Control Tower Operator Certification Programs, to
hold an FAA Credential, and the underlying requirements for the FAA
Credential encompass those of the CTO certificate. Therefore,
consistent with the requirements of Executive Order 13563, and as
discussed later, persons who hold an FAA Credential for the performance
of their duties will no longer be required to hold a CTO certificate.
The purpose of both the FAA Credentialing and the CTO programs is
to establish that air traffic controllers possess the requisite skills
to do their jobs safely. While the FAA Credential is comparable to a
CTO certificate, they are two different programs requiring separate
administrative activities. After many years of overseeing both
programs, the FAA has determined there is no appreciable value in
imposing both programs on the same population. Therefore, the FAA is
amending 14 CFR part 65 to permit a person to act as an air traffic
control tower operator if that person holds either an FAA Credential or
a CTO certificate. FAA tower controllers must hold an FAA Credential.
This amendment eliminates the need for an air traffic control tower
operator to hold both an FAA Credential and a CTO certificate.
The FAA notes that the CTO program will remain intact for those
individuals who are not required to hold an FAA Credential (e.g.,
controllers at non- Federal contract towers). In addition, FAA air
traffic control tower operators who currently possess CTO certificates
will be permitted to retain them.
The FAA estimates there will be minimal cost savings to the FAA of
about $189,600 because of this rule change.
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of Title 5 of the United States Code (5
U.S.C.), authorizes agencies to dispense with notice and comment
procedures for rules when the agency finds ``good cause'' that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under this section, an agency, upon finding good cause, may
issue a final rule without seeking comment prior to the rulemaking.
The FAA finds that prior notice and public comment on this final
rule are unnecessary. This final rule eliminates the requirement for an
air traffic control tower operator (CTO) to hold a CTO certificate if
the individual also holds an FAA Credential with a tower rating (FAA
Credential). The requirement to hold both the CTO certificate and the
FAA Credential is redundant, since the underlying requirements for the
FAA Credential encompass those of the CTO certificate, and there will
not be an adverse safety impact. Therefore, the FAA has determined that
prior notice and public comment are unnecessary.
Comments Invited
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. The FAA is adopting this final rule without prior
notice, but with public comment, because this rule removes a redundant
requirement and promotes program efficiencies.
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, specifically Sections 106(f)
and (g). 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 44701, General Requirements;
Section 44702, Issuance of Certificates; and, Section 44703, Airman
Certificates. Under Section 44701, the FAA is charged with prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. Section 44702 provides the authority for the Administrator to
issue certificates, including airman certificates. Section 44703
describes the conditions that must be met for the Administrator to
issue an airman certificate. This rule is within the scope of that
authority.
I. Background
A. Statement of the Problem
According to Sec. 65.31, a person must hold a CTO certificate
issued under subpart B of part 65 to act as an air traffic control
tower operator. When the rule was first promulgated in 1962, all FAA
controllers worked in tower facilities. However, as the air traffic
control system evolved, other types of facilities, namely En Route and
Terminal Radar Approach Control (TRACON) facilities, came into
existence. The rule, however, continued to require only air traffic
control tower operators to hold a CTO certificate.
The FAA's Air Traffic Safety Oversight Service (AOV) issues the FAA
Credential to FAA air traffic controllers under its authority in FAA
Order 1100.161 Change 1, Air Traffic Safety Oversight. FAA Order
8000.90, Air Traffic Safety Oversight Credentialing and Control Tower
Operator Certification Programs, explains how each of these programs
are administered.
The FAA Credentialing program is broader than the CTO program. The
FAA Credentialing program requires all FAA air traffic controllers,
including those working in tower, En Route and TRACON facilities, to
hold an FAA Credential with appropriate ratings. FAA control tower
operators, therefore, hold a CTO certificate under Sec. 65.31 as well
as an FAA Credential. The requirement to hold both the CTO certificate
and the FAA Credential is
[[Page 74609]]
redundant, since the underlying requirements for the FAA Credential
encompass those of the CTO certificate. There will not be an adverse
impact to safety as the result of this change to part 65.
The purpose of both the FAA Credentialing and the CTO programs is
to establish that air traffic controllers possess the requisite skills
to do their jobs safely. While the FAA Credential is comparable to a
CTO certificate, they are two different programs requiring separate
administrative activities. After many years of overseeing both
programs, the FAA has determined there is no appreciable value in
imposing both programs on the same population (FAA control tower
operators). After the effective date of this rule, the FAA will no
longer issue CTO certificates to FAA air traffic control tower
operators who are required to hold an FAA Credential for the
performance of their duties. As noted previously, FAA air traffic
control tower operators who currently possess CTO certificates will be
permitted to retain them.
B. CTO Program
On August 10, 1962, the FAA published a final rule that added
Subchapter D ``Airmen'' to Chapter I of Title 14 of the Code of Federal
Regulations (27 FR 7954). The amendment was part of the FAA's program
to recodify its regulatory material into the Federal Aviation
Regulations, which replaced the Civil Air Regulations and Regulations
of the Administration. This rule first established the requirements for
the CTO certificate in part 65. The purpose of the CTO program is to
ensure that air traffic controllers possess the requisite
qualifications and skills to do their jobs safely.
The FAA established AOV in 2005 to provide independent oversight of
air traffic services. As part of its responsibilities, AOV manages the
CTO program and establishes policy and guidance for the program. The
FAA's Civil Aviation Registry is the official custodian of airmen and
aircraft records. The Registry is the office responsible for the day-
to-day administration activities including the review, recordation, and
the issuance of CTO certificates and AOV Credentials. The CTO
information that is currently in the Civil Aviation Registry database
will remain in the database. The Civil Aviation Registry will continue
to maintain CTO information and will continue to receive and process
CTO applications for individuals who meet the requirements of 14 CFR
part 65.
The FAA's Civil Aviation Registry will continue to receive
inquiries concerning FAA air traffic controllers. Any inquiries related
to policy and guidance concerning the CTO program and the Credentialing
program will be directed to AOV, as appropriate.
C. FAA Credentialing Program
In addition to managing the CTO program, AOV manages the FAA
Credentialing program for air traffic controllers. Like the CTO
program, the purpose of the Credentialing program is to establish that
air traffic controllers possess the requisite qualifications and skills
to do their jobs safely. The Credentialing program encompasses the
underlying requirements of the CTO program. Unlike the CTO program,
which is only applicable to air traffic control tower operators, the
FAA Credentialing program is broader and applies to all air traffic
controllers, including those who work in En Route and TRACON
facilities.
AOV is the office responsible for tracking and maintaining the
system that houses FAA Credential information. This system does not
contain any personally identifiable information, such as Social
Security numbers, home addresses, or dates of birth.
II. Discussion of Adopted Final Rule
A. Removal of Redundant Program Requirements (Sec. Sec. 65.11 and
65.31)
The FAA is revising Sec. Sec. 65.11 and 65.31 to recognize the FAA
Credential and permits a person to act as an air traffic control tower
operator if that person holds either an FAA credential or a CTO
certificate. FAA tower controllers must hold an FAA credential. Any
person who is required to hold an FAA Credential for the performance of
his or her duties will no longer be required to also hold a CTO
certificate. It also relieves the FAA from subjecting a select group of
air traffic controllers to two separate programs.
To conform to the changes in this rule, the FAA is updating its
internal procedures for managing the FAA Credentialing and CTO programs
(FAA Order 8000.90). The revision to FAA Order 8000.90 will be
effective at the same time as this rule.
B. Removal of Outdated Language (Sec. 65.43)
The FAA is also removing outdated language regarding junior and
senior ratings. On August 1, 1970, the FAA published a final rule that
reorganized the requirements in subpart B of part 65 and established a
facility rating (35 FR 12326). The FAA intended to remove the junior
and senior ratings because they were unnecessary, but inadvertently did
not remove the regulatory text. This rule corrects that error, and the
FAA is now removing the unnecessary requirement.
III. Regulatory Notices and Analyses
A. Regulatory Evaluation
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
(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 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 final
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) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary obstacles to the foreign commerce of
the United States; and (6) will 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.
[[Page 74610]]
Who is potentially affected by this rule?
Persons who hold an FAA Credential for the performance of their
duties are potentially affected by this rule. After the effective date
of this rule, such persons will no longer be required to hold a CTO
certificate.
Assumptions:
All costs are presented in 2014 dollars.
The FAA estimates about $35 to process each CTO
certificate.
The number of CTO certificates issued in 2011 and 2012
totaled 1,070 and 1,048, respectively. The average of both years is
1,059.
The FAA estimates 2 hours for the Air Traffic Supervisor/
Manager to fill out the CTO form.
The FAA estimates 15 minutes for a Legal Instruments
Examiner to enter the CTO form information into the AFS database.
The hourly rate for an Air Traffic Supervisor/Manager is
$68.11.
The hourly rate for a Legal Instruments Examiner is
$31.29.
Total Benefits and Costs of This Rule
This final rule responds to Executive Order 13563 by reducing the
FAA's burden of administering redundant programs, the FAA Credentialing
program and the CTO program.
A CTO certificate costs the same amount as an FAA Airmen
Certificate to produce. The FAA estimates that this cost range is
between $20 and $50 per Airmen Certificate. The FAA used the midpoint
of that range, $35, as an estimate of cost to produce a CTO
certificate.
Since this rulemaking eliminates the requirement for controllers
holding an FAA Credential to also hold a CTO certificate, this amounts
to an average cost savings of approximately $189,600; ranging from
$173,700-$205,500 for a $20-$50 per application processing cost,
respectively.
B. 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.
The FAA has determined that this final rule will not have a
significant economic impact on a substantial number of small entities
for the following reason:
This rule reduces redundancy, which lowers FAA costs and has no
effect outside of the FAA.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities. The FAA
solicits comments regarding this determination.
C. 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 final rule and determined that it
will have only a domestic impact and therefore will not create
unnecessary obstacles to the foreign commerce of the United States.
D. 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 $151 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
E. 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. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
F. 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 new differences with these regulations.
G. Environmental Analysis
FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
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.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between
[[Page 74611]]
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.
B. 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.
C. Executive Order 13609
Executive Order 13609, Promoting International Regulatory
Cooperation, 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.
V. How To Obtain 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 this rule. The
most helpful comments reference a specific portion of the rule, 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. The FAA will consider all
comments it receives on or before the closing date for comments. The
agency may change this rule in light of the comments it receives.
Commenters are encouraged to identify the provisions on which they
are commenting based on the title of the provisions.
Proprietary or Confidential Business Information: Commenters should
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. Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the Internet--
1. Search the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at: https://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
C. Comments Submitted to the Docket
Comments received may be viewed by going to https://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's 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.).
D. 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. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 65
Air traffic controllers, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 65--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
1. The authority citation for part 65 is revised 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. Amend Sec. 65.11 by revising paragraph (b) to read as follows:
Sec. 65.11 Application and issue.
* * * * *
(b) Except for FAA Credential holders with tower ratings, an
applicant who meets the requirements of this part is entitled to an
appropriate certificate and rating.
* * * * *
0
3. Amend Sec. 65.31 by revising the section heading, introductory
text, and paragraphs (a) and (b) to read as follows:
Sec. 65.31 Required credentials, certificates, and ratings or
qualifications.
No person may act as an air traffic control tower operator at an
air traffic control tower in connection with civil aircraft unless he
or she--
(a) Holds an FAA Credential with a tower rating or an air traffic
control tower operator certificate issued under this subpart;
(b) Holds a facility rating for that control tower issued under
this subpart, or has qualified for the operating position at which he
or she acts and is under the supervision of the holder of a facility
rating for that control tower; and
* * * * *
Sec. 65.43 [Removed and Reserved]
0
4. Remove and reserve Sec. 65.43.
[[Page 74612]]
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on November 14, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-29386 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-13-P
