Second-in-Command Pilot Type Rating, 53560-53562 [05-17896]
Download as PDF
53560
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
dms.dot.gov; or at the National Archives and
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information on the availability of this
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or go to https://www.archives.gov/
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Issued in Renton, Washington, on
September 1, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–17779 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA–2004–19630; Amendment
No. 61–108]
RIN 2120–AI38
Second-in-Command Pilot Type Rating
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; compliance date and
correction.
AGENCY:
SUMMARY: The FAA is establishing a
compliance date for the final rule
published in the Federal Register on
August 4, 2005. The rule revised the
pilot certification regulations to
establish a second-in-command (SIC)
pilot type rating and associated
qualifying procedures. This action is
necessary to give affected pilots time to
prepare and file the paperwork
necessary to obtain the SIC pilot type
rating. We also are correcting the
amendment number of the final rule.
DATES: Effective date: The final rule’s
effective date remains September 6,
2005.
Compliance date: Pilots acting as a
second in command and who will be
flying outside U.S. domestic airspace
and landing in a foreign country must
hold the appropriate SIC pilot type
rating no later than June 6, 2006.
FOR FURTHER INFORMATION CONTACT: John
D. Lynch, Certification Branch, AFS–
840, General Aviation and Commercial
Division, Flight Standards Service,
Federal Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267–3844 or via the Internet at:
john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of this
document using the Internet by:
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) Web page
(https://dms.dot.gov/search);
(2) Visiting the FAA’s Regulations and
Policy Web page at https://www.faa.gov/
regulations_policy/; or
(3) Accessing the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a
request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the amendment number or
docket number of this rulemaking.
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
Therefore, any small entity that has a
question regarding this document may
contact their local FAA official, or the
person listed under FOR FURTHER
INFORMATION CONTACT. You can find out
more about SBRFA on the Internet at
our site, https://www.faa.gov/avr/arm/
sbrefa.cfm.
Authority for This Action
The Department of Transportation
(DOT) has the responsibility, under the
laws of the United States, to develop
transportation policies and programs
that contribute to providing fast, safe,
efficient, and convenient transportation
(49 U.S.C. 101). The Federal Aviation
Administration (FAA) is an agency of
DOT. The Administrator of the FAA has
general authority to issue rules
regarding aviation safety (49 U.S.C.
106(g) and 44701). When an individual
is found to be qualified for, and
physically able to perform, certain
duties, including those associated with
flying and navigating an aircraft, the
FAA issues an airman certificate. The
airman certificate must specify the
capacity in which the holder of the
certificate may serve with respect to an
aircraft (49 U.S.C. 44703). It is relevant
to this rulemaking to also point out that,
in carrying out their duties, the
Secretary of Transportation and the
Administrator of the FAA must act
consistently with obligations of the
United States Government under an
international agreement (49 U.S.C.
40105).
This action establishes a compliance
date for the SIC pilot type rating and
associated qualifying procedures. The
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Fmt 4700
Sfmt 4700
compliance date is the date that those
affected by a rule must begin to follow
it. In the preamble to the amendments
adopted on August 4, 2005, the FAA
found the amendments to be a
reasonable and necessary exercise of our
rulemaking authority and obligations.
We now find that establishing a
compliance date, by extension, also is a
reasonable and necessary exercise of our
rulemaking authority and obligations.
Background
On August 4, 2005, the FAA amended
its regulations to provide for issuance of
a pilot type rating for SIC privileges
when a person completes the SIC pilot
familiarization training set forth under
14 CFR 61.55(b), an FAA-approved SIC
training curriculum under 14 CFR parts
121 or 135, or a proficiency check under
14 CFR part 125. See 70 FR 45263. The
amendments adopted on August 4,
2005, are based on a notice of proposed
rulemaking (NPRM) published in the
Federal Register on November 16, 2004.
See 69 FR 67258.
The amendments require pilots acting
as second in command and who plan to
fly outside U.S. airspace and land in
foreign countries to obtain the SIC pilot
type rating. The amendments also
establish two procedures for obtaining
the SIC pilot type rating. The effective
date of the amendments is September 6,
2005. The effective date is the date the
amendments affect the current Code of
Federal Regulations (CFR).
Establishing a Compliance Date
Although we received two comments
on the November NPRM asking for 6 to
18 months for pilots to comply with the
requirement to obtain a SIC pilot type
rating,1 the FAA believed that 30 days
(by September 6, 2005) was sufficient
time. Additionally, the FAA has been
put on notice by several foreign civil
aviation authorities that they intend to
begin enforcing the type-rating
requirement; thus we believe that the
sooner the rule becomes effective and
U.S. pilots receive their SIC pilot type
ratings, the sooner U.S. flight crews will
be able to operate internationally
unimpeded.
The Agency, however, has
reevaluated the time necessary for pilots
to comply with the amendments. Since
1 The National Air Carrier Association
recommended that the FAA provide a minimum of
six months from issuing the final rule to full
implementation and revision of its ICAO difference
because its member airlines need to provide time
for the initial processing of the several hundred
thousand applications required for this SIC pilot
type rating. The representative of American Airlines
requested 18 months to complete the initial
certification process for its initial 3,066 pilots that
are not currently type rated.
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
the final rule was published, we have
received information from the airlines
and trade associations demonstrating
that it will not be possible to comply
with the rule by the effective date of
September 6, 2005. The pilots who need
the SIC pilot type rating have to prepare
and file the necessary paperwork, and
the FAA and its designees need time to
process the forms and issue the ratings.
In spite of general agreement that the
rule is needed, it simply is physically
impossible for everyone to comply by
September 6, 2005. This is particularly
true of the major airlines, which employ
thousands of pilots.
The FAA, therefore, has reconsidered
the position we originally took in
responding to the comments on the
November NPRM. We believe it will
benefit no one to place a potentially
large number of pilots in technical
noncompliance with the regulations.
The airlines have a duty to comply with
the regulations. They could not, in good
faith, assign a pilot to an international
flight knowing that the pilot did not
possess a required type rating. This
situation could result in disruption of
international freight and passenger
service.
For this reason, we are establishing a
compliance date for the August
amendments. The compliance date is
June 6, 2006. A compliance date, in
contrast to an effective date, is the date
that those affected by the rule must
begin to follow it. Thus, pilots acting as
a second in command and who will be
flying outside U.S. domestic airspace
and landing in a foreign country must
hold the appropriate SIC pilot type
rating no later than June 6, 2006. This
period of nine additional months should
be sufficient to enable affected pilots to
obtain the SIC pilot type rating. This is
particularly true in light of the fact that
the August amendments incorporate
several changes to what was originally
proposed that streamline the processes.
As we stated in our response to the
comments on this issue, it is important
for the August amendments to take
effect as soon as possible. Those
amendments put in place the procedure
that pilots will follow to obtain the SIC
pilot type rating. It would serve no
purpose to delay the effective date of the
rule. For this reason, the effective date
of the rule is unaffected by this action
and remains September 6, 2005.
Good Cause for Foregoing Public Notice
and Comment
Section 553(b)(3)(B) of the
Administrative Procedures Act, 5 U.S.C.
553(b)(3)(B), authorizes agencies to
dispense with certain notice procedures
for rules when they find ‘‘good cause’’
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity
for comment do not apply when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’
In this case, the FAA finds that notice
and public comment are unnecessary
and contrary to the public interest. This
action establishes a compliance date for
the amendments adopted on August 4,
2005. We adopted those amendments
using the public notice and comment
procedure. That the public had ample
notice and opportunity to comment is
indisputable since we received
comments on the issue of when affected
pilots would have to comply. As a
result, we find that another round of
public notice and comment is
unnecessary. Additional public notice
and comment is also contrary to the
public interest since it would delay
establishment of a compliance date,
which could result in pilots not
obtaining the necessary pilot type rating
in a timely manner. This, in turn, could
disrupt international freight and
passenger service.
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with International Civil
Aviation Organization (ICAO) Standards
and Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these proposed regulations.
Paperwork Reduction Act
As required by the Paperwork
Reduction Act of 1995, 44 U.S.C.
3507(d), the FAA submitted a copy of
the amended information collection
requirements in the August 4, 2005,
final rule to the Office of Management
and Budget for its review. OMB
approved the collection of this
information and assigned OMB Control
Number 2120–0693.
This action establishes a compliance
date for the amendments adopted on
August 4, 2005, which requires pilots
who need to obtain an SIC rating to use
the existing Airman Certificate and/or
Rating Application, FAA Form 8710–1.
An agency may not collect or sponsor
the collection of information, nor may it
impose an information collection
requirement unless it displays a
currently valid Office of Management
and Budget (OMB) control number.
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Fmt 4700
Sfmt 4700
53561
Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order 12866, Regulatory
Planning and Review, directs the FAA
to assess both the costs and benefits of
a regulatory change. We are not allowed
to propose or adopt a regulation unless
we make a reasoned determination that
the benefits of the intended regulation
justify its costs. Our assessment of this
proposal indicates that its economic
impact is minimal. Since its costs and
benefits do not make it a ‘‘significant
regulatory action’’ as defined in the
Order, we have not prepared a
‘‘regulatory impact analysis.’’ Similarly,
we have not prepared a ‘‘regulatory
evaluation,’’ which is the written cost/
benefit analysis ordinarily required for
all rulemaking proposals under the DOT
Regulatory and Policies and Procedures.
We do not need to do the latter analysis
where the economic impact of a
proposal is minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980, 5 U.S.C. 601–612, directs the
FAA to fit regulatory requirements to
the scale of the business, organizations,
and governmental jurisdictions subject
to the regulation. We are required to
determine whether a proposed or final
action will have a ‘‘significant economic
impact on a substantial number of small
entities’’ as defined in the Act. If we
find that the action will have a
significant impact, we must do a
‘‘regulatory flexibility analysis.’’
This action establishes a compliance
date for the amendments adopted on
August 4, 2005. Its economic impact,
beyond that of the amendments adopted
on August 4, 2005, is minimal.
Therefore, we certify that this action
will not have a significant economic
impact on a substantial number of small
entities.
Trade Impact Assessment
The Trade Agreement Act of 1979
prohibits Federal agencies from
engaging in any standards or related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and where
appropriate, that they be the basis for
U.S. standards. In addition, consistent
with the Administration’s belief in the
general superiority and desirability of
free trade, it is the policy of the
Administration to remove or diminish
to the extent feasible, barriers to
international trade, including both
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09SER1
53562
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
barriers affecting the export of American
goods and services to foreign countries
and barriers affecting the import of
foreign goods and services into the
United States.
In accordance with the above statute
and policy, the FAA has assessed the
potential effect of this final rule and has
determined that it will impose the same
costs on domestic and international
entities and, thus, has a neutral trade
impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (the Act), enacted as Pub. L.
104–4 on March 22, 1995, is intended,
among other things, to curb the practice
of imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of the Act requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may result in a $100 million or
more expenditure (adjusted annually for
inflation) in any one year by State, local,
and tribal governments, in the aggregate,
or by the private sector; such a mandate
is deemed to be a ‘‘significant regulatory
action.’’ The FAA currently uses an
inflation-adjusted value of $120.7
million in lieu of $100 million.
This final rule does not contain such
a mandate. Therefore, the requirements
of Title II of the Unfunded Mandates
Reform Act of 1995 do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, we
have determined that this final rule does
not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 307k and involves no
extraordinary circumstances.
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
Regulations That Significantly Affect
Energy Supply, Distribution, or Use
The FAA has analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
18, 2001). We have determined that it is
not a ‘‘significant energy action’’ under
the executive order because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866, and it is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
Correction
Under the final rule, FR Doc. 05–
15376, published on August 4, 2005 (70
FR 45263), make the following
correction:
1. On page 45264, in column 1 in the
heading section, beginning on line 4,
correct ‘‘Amendment No. 05–113’’ to
read ‘‘Amendment No. 61–113’’.
Issued in Washington, DC on September 2,
2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–17896 Filed 9–6–05; 11:26 am]
BILLING CODE 4910–13–P
History
Federal Register Document 2005–
21873, published on Friday July 29,
2005 (70 FR 43742), modified Class D
and Class E Airspace at Salina
Municipal Airport, KS. The phrase
‘‘This Class D airspace area is effective
during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in
the Airport/Facility Directory,’’ was
incorrectly deleted from the legal
description of Class D airspace. This
action corrects that error.
Accordingly, pursuant to the
authority delegated to me, the error in
the legal description of Class D
Airspace, Topeka, Forbes Field, KS as
published in the Federal Register
Friday July 29, 2005 (70 FR 43742), (FR
Doc. 2005–21873), is corrected as
follows:
On page 43743, Column 1, under
SUMMARY, delete the following
sentences: ‘‘This action also removes
references to effective dates and times
established in advance by a Notice to
Airmen from the legal descriptions for
Class D airspace. The effective dates and
times are now continuously published
in the Airport/Facility Directory’’.
PART 71—[CORRECTED]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–21873; Airspace
Docket No. 05–ACE–27]
Modification of Class D and Class E
Airspace; Salina Municipal Airport, KS
Federal Aviation
Administration (FAA), DOT.
AGENCY:
Direct final rule; request for
comments; correction.
ACTION:
SUMMARY: This action corrects an error
in the legal description of Class D
airspace in a direct final rule, request for
comments that was published in the
Federal Register on Friday July 29, 2005
(70 FR 43742).
§ 71.1
[Corrected]
On page 43744, Column 1, at the end
of the legal description of ACE KS D
Salina KS, add the phrase ‘‘This Class
D airspace area is effective during the
specific dates and times established in
advance by a Notice to Airmen.The
effective date and time will thereafter be
continuously published in the Airport/
Facility Directory.’’
I
Issued in Kansas City, MO, on August 24,
2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–17834 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HOMELAND
SECURITY
DATES:
This direct final rule is effective
on 0901 UTC, October 27, 2005.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 165
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION:
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[CGD01–05–027]
RIN 1625–AA00
Safety Zone; New York Super Boat
Race, Hudson River, NY
AGENCY:
E:\FR\FM\09SER1.SGM
Coast Guard, DHS.
09SER1
Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53560-53562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17896]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Amendment No. 61-108]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; compliance date and correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is establishing a compliance date for the final rule
published in the Federal Register on August 4, 2005. The rule revised
the pilot certification regulations to establish a second-in-command
(SIC) pilot type rating and associated qualifying procedures. This
action is necessary to give affected pilots time to prepare and file
the paperwork necessary to obtain the SIC pilot type rating. We also
are correcting the amendment number of the final rule.
DATES: Effective date: The final rule's effective date remains
September 6, 2005.
Compliance date: Pilots acting as a second in command and who will
be flying outside U.S. domestic airspace and landing in a foreign
country must hold the appropriate SIC pilot type rating no later than
June 6, 2006.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification Branch,
AFS-840, General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-3844 or via the Internet at:
john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of this document using the Internet
by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (https://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policy Web page at https://
www.faa.gov/regulations_policy/; or
(3) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBRFA on the Internet at our site, https://www.faa.gov/avr/arm/
sbrefa.cfm.
Authority for This Action
The Department of Transportation (DOT) has the responsibility,
under the laws of the United States, to develop transportation policies
and programs that contribute to providing fast, safe, efficient, and
convenient transportation (49 U.S.C. 101). The Federal Aviation
Administration (FAA) is an agency of DOT. The Administrator of the FAA
has general authority to issue rules regarding aviation safety (49
U.S.C. 106(g) and 44701). When an individual is found to be qualified
for, and physically able to perform, certain duties, including those
associated with flying and navigating an aircraft, the FAA issues an
airman certificate. The airman certificate must specify the capacity in
which the holder of the certificate may serve with respect to an
aircraft (49 U.S.C. 44703). It is relevant to this rulemaking to also
point out that, in carrying out their duties, the Secretary of
Transportation and the Administrator of the FAA must act consistently
with obligations of the United States Government under an international
agreement (49 U.S.C. 40105).
This action establishes a compliance date for the SIC pilot type
rating and associated qualifying procedures. The compliance date is the
date that those affected by a rule must begin to follow it. In the
preamble to the amendments adopted on August 4, 2005, the FAA found the
amendments to be a reasonable and necessary exercise of our rulemaking
authority and obligations. We now find that establishing a compliance
date, by extension, also is a reasonable and necessary exercise of our
rulemaking authority and obligations.
Background
On August 4, 2005, the FAA amended its regulations to provide for
issuance of a pilot type rating for SIC privileges when a person
completes the SIC pilot familiarization training set forth under 14 CFR
61.55(b), an FAA-approved SIC training curriculum under 14 CFR parts
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR
45263. The amendments adopted on August 4, 2005, are based on a notice
of proposed rulemaking (NPRM) published in the Federal Register on
November 16, 2004. See 69 FR 67258.
The amendments require pilots acting as second in command and who
plan to fly outside U.S. airspace and land in foreign countries to
obtain the SIC pilot type rating. The amendments also establish two
procedures for obtaining the SIC pilot type rating. The effective date
of the amendments is September 6, 2005. The effective date is the date
the amendments affect the current Code of Federal Regulations (CFR).
Establishing a Compliance Date
Although we received two comments on the November NPRM asking for 6
to 18 months for pilots to comply with the requirement to obtain a SIC
pilot type rating,\1\ the FAA believed that 30 days (by September 6,
2005) was sufficient time. Additionally, the FAA has been put on notice
by several foreign civil aviation authorities that they intend to begin
enforcing the type-rating requirement; thus we believe that the sooner
the rule becomes effective and U.S. pilots receive their SIC pilot type
ratings, the sooner U.S. flight crews will be able to operate
internationally unimpeded.
---------------------------------------------------------------------------
\1\ The National Air Carrier Association recommended that the
FAA provide a minimum of six months from issuing the final rule to
full implementation and revision of its ICAO difference because its
member airlines need to provide time for the initial processing of
the several hundred thousand applications required for this SIC
pilot type rating. The representative of American Airlines requested
18 months to complete the initial certification process for its
initial 3,066 pilots that are not currently type rated.
---------------------------------------------------------------------------
The Agency, however, has reevaluated the time necessary for pilots
to comply with the amendments. Since
[[Page 53561]]
the final rule was published, we have received information from the
airlines and trade associations demonstrating that it will not be
possible to comply with the rule by the effective date of September 6,
2005. The pilots who need the SIC pilot type rating have to prepare and
file the necessary paperwork, and the FAA and its designees need time
to process the forms and issue the ratings. In spite of general
agreement that the rule is needed, it simply is physically impossible
for everyone to comply by September 6, 2005. This is particularly true
of the major airlines, which employ thousands of pilots.
The FAA, therefore, has reconsidered the position we originally
took in responding to the comments on the November NPRM. We believe it
will benefit no one to place a potentially large number of pilots in
technical noncompliance with the regulations. The airlines have a duty
to comply with the regulations. They could not, in good faith, assign a
pilot to an international flight knowing that the pilot did not possess
a required type rating. This situation could result in disruption of
international freight and passenger service.
For this reason, we are establishing a compliance date for the
August amendments. The compliance date is June 6, 2006. A compliance
date, in contrast to an effective date, is the date that those affected
by the rule must begin to follow it. Thus, pilots acting as a second in
command and who will be flying outside U.S. domestic airspace and
landing in a foreign country must hold the appropriate SIC pilot type
rating no later than June 6, 2006. This period of nine additional
months should be sufficient to enable affected pilots to obtain the SIC
pilot type rating. This is particularly true in light of the fact that
the August amendments incorporate several changes to what was
originally proposed that streamline the processes.
As we stated in our response to the comments on this issue, it is
important for the August amendments to take effect as soon as possible.
Those amendments put in place the procedure that pilots will follow to
obtain the SIC pilot type rating. It would serve no purpose to delay
the effective date of the rule. For this reason, the effective date of
the rule is unaffected by this action and remains September 6, 2005.
Good Cause for Foregoing Public Notice and Comment
Section 553(b)(3)(B) of the Administrative Procedures Act, 5 U.S.C.
553(b)(3)(B), authorizes agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b)(3)(B), the requirements of notice and opportunity for
comment do not apply when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
In this case, the FAA finds that notice and public comment are
unnecessary and contrary to the public interest. This action
establishes a compliance date for the amendments adopted on August 4,
2005. We adopted those amendments using the public notice and comment
procedure. That the public had ample notice and opportunity to comment
is indisputable since we received comments on the issue of when
affected pilots would have to comply. As a result, we find that another
round of public notice and comment is unnecessary. Additional public
notice and comment is also contrary to the public interest since it
would delay establishment of a compliance date, which could result in
pilots not obtaining the necessary pilot type rating in a timely
manner. This, in turn, could disrupt international freight and
passenger service.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed regulations.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995, 44 U.S.C.
3507(d), the FAA submitted a copy of the amended information collection
requirements in the August 4, 2005, final rule to the Office of
Management and Budget for its review. OMB approved the collection of
this information and assigned OMB Control Number 2120-0693.
This action establishes a compliance date for the amendments
adopted on August 4, 2005, which requires pilots who need to obtain an
SIC rating to use the existing Airman Certificate and/or Rating
Application, FAA Form 8710-1. An agency may not collect or sponsor the
collection of information, nor may it impose an information collection
requirement unless it displays a currently valid Office of Management
and Budget (OMB) control number.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this proposal indicates that its
economic impact is minimal. Since its costs and benefits do not make it
a ``significant regulatory action'' as defined in the Order, we have
not prepared a ``regulatory impact analysis.'' Similarly, we have not
prepared a ``regulatory evaluation,'' which is the written cost/benefit
analysis ordinarily required for all rulemaking proposals under the DOT
Regulatory and Policies and Procedures. We do not need to do the latter
analysis where the economic impact of a proposal is minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
directs the FAA to fit regulatory requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
regulation. We are required to determine whether a proposed or final
action will have a ``significant economic impact on a substantial
number of small entities'' as defined in the Act. If we find that the
action will have a significant impact, we must do a ``regulatory
flexibility analysis.''
This action establishes a compliance date for the amendments
adopted on August 4, 2005. Its economic impact, beyond that of the
amendments adopted on August 4, 2005, is minimal. Therefore, we certify
that this action will not have a significant economic impact on a
substantial number of small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administration's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish to the extent
feasible, barriers to international trade, including both
[[Page 53562]]
barriers affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the United States.
In accordance with the above statute and policy, the FAA has
assessed the potential effect of this final rule and has determined
that it will impose the same costs on domestic and international
entities and, thus, has a neutral trade impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 104-4 on March 22, 1995, is intended, among other things, to curb
the practice of imposing unfunded Federal mandates on State, local, and
tribal governments. Title II of the Act requires each Federal agency to
prepare a written statement assessing the effects of any Federal
mandate in a proposed or final agency rule that may result in a $100
million or more expenditure (adjusted annually for inflation) in any
one year by State, local, and tribal governments, in the aggregate, or
by the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $120.7 million in lieu of $100 million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we have determined that this final rule does not
have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 307k and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Correction
Under the final rule, FR Doc. 05-15376, published on August 4, 2005
(70 FR 45263), make the following correction:
1. On page 45264, in column 1 in the heading section, beginning on
line 4, correct ``Amendment No. 05-113'' to read ``Amendment No. 61-
113''.
Issued in Washington, DC on September 2, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-17896 Filed 9-6-05; 11:26 am]
BILLING CODE 4910-13-P