Fees for Certification Services and Approvals Performed Outside the United States; Technical Amendment, 77571-77572 [2013-30604]

Download as PDF Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations any engine, or an engine with an affected FT module (M04) onto any helicopter, unless the module has passed the inspections required by paragraphs (e)(1) and (e)(2) of this AD. DEPARTMENT OF TRANSPORTATION (g) Alternative Methods of Compliance (AMOCs) 14 CFR Part 61 The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. (h) Related Information (1) For more information about this AD, contact Robert Morlath, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7154; fax: 781–238–7199; email: robert.c.morlath@faa.gov. (2) Refer to MCAI European Aviation Safety Agency AD 2013–0120, dated June 4, 2013, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/ #!documentDetail;D=FAA-2013-0557-0002. (i) Material Incorporated by Reference sroberts on DSK5SPTVN1PROD with RULES (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 the AD specifies otherwise. (i) Turbomeca S.A. Alert Mandatory Service Bulletin No. A292 72 0838, Version A, dated May 24, 2013. (ii) Reserved. (3) For Turbomeca service information identified in this AD, contact Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15. (4) You may view this service information at FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. (5) You may view this service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Burlington, Massachusetts, on November 14, 2013. Colleen M. D’Alessandro, Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2013–30459 Filed 12–23–13; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 15:58 Dec 23, 2013 Jkt 232001 Federal Aviation Administration [Docket No. FAA–2007–27043; Amdt. No. 61–132] RIN 2120–AI77 Fees for Certification Services and Approvals Performed Outside the United States; Technical Amendment Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: The FAA is correcting a direct final rule published on April 12, 2007 (72 FR 18556). In that rule, the FAA amended its regulations to revise the fee requirement for issuance of airman certificates. This document amends one paragraph that unintentionally expanded the FAA’s ability to refuse issuance of airman certificates to U.S. citizens and resident aliens, removes two paragraphs that were inadvertently left in one subsection, and renumbers the paragraphs and revises crossreferences accordingly. DATES: Effective December 24, 2013. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact the General Aviation and Commercial Division, AFS–800, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 385–9600. For legal questions concerning this final rule contact Anne Moore, Office of the Chief Counsel—International Law, Legislation, and Regulations Division, AGC–240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3123; facsimile (202) 267–7971, email anne.moore@ faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background In 2007, the FAA published a direct final rule revising the fee requirement of 14 CFR 61.13 for the issuance of an airman certificate by extending the fee requirement to all applicants outside the United States regardless of citizenship. 72 FR 18556, 18558 (Apr. 12, 2007). The FAA is now issuing a technical amendment to § 61.13 because the revision to the fee requirement inadvertently expanded the Administrator’s authority to refuse to issue a U.S. airman certificate, rating, or authorization to U.S. citizens and PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 77571 resident aliens. Formerly, that provision had been limited to applicants who were non-resident aliens. The FAA is also removing paragraphs (A) and (B) from paragraph (a)(2)(i) because those paragraphs were inadvertently left in § 61.13 due to erroneous amendatory instructions in the April 12, 2007 direct final rule. 72 FR 18558. Finally, the FAA is renumbering the paragraphs of § 61.13 and updating cross-references to reflect these revisions. Technical Amendment Section 61.13 establishes the requirements for the issuance of airman certificates, ratings, and authorizations. Prior to issuance of the 2007 direct final rule, § 61.13(a)(2) stated that an applicant for a certificate, rating, or authorization ‘‘who is neither a citizen of the United States nor a resident alien of the United States’’ must (i) show evidence of fees paid for airman certification services outside the United States, and (ii) may be refused issuance of any U.S. airman certificate, rating or authorization by the Administrator.1 In the 2007 direct final rule, the FAA amended the § 61.13(a)(2) introductory text by removing the language which specifically applied the section to nonU.S. citizens and non-resident aliens. The FAA explained in the preamble that the intention of the rule change was to ensure that fees for airman certification services outside the United States were paid even by U.S. citizens. In changing the introductory text to § 61.13(a)(2), however, the FAA inadvertently extended the Administrator’s authority to refuse an airman certificate to all applicants regardless of citizenship. The FAA is issuing this technical amendment to correct this error. As amended, the Administrator’s ability to refuse an airman certificate will apply only to non-U.S. citizens and nonresident aliens while retaining application of the fee requirement in § 61.13(a)(2) to all applicants applying outside the United States regardless of citizenship. The FAA is also correcting a minor error to paragraphs (A) and (B) of § 61.13(a)(2)(i). In the 2007 direct final rule, the FAA stated in the amendatory instructions to § 61.13 that it was revising the introductory text of paragraph (a)(2) and (a)(2)(i), but did not explicitly state it was removing paragraphs (A) and (B) of that paragraph. As a result, paragraphs (A) and (B) of (a)(2)(i) were inadvertently 1 Under 49 U.S.C. 44703(e)(1), the Administrator may ‘‘restrict or prohibit issuing an airman certificate to an alien[.]’’ E:\FR\FM\24DER1.SGM 24DER1 77572 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations retained. This technical edit will correct that error. In addition, the FAA is renumbering § 61.13(a)(2)(ii) as § 61.13(a)(3), and § 61.13(a)(3) as § 61.13(a)(4), and revising a crossreference in the newly created § 61.13(a)(4) to reflect these changes in numbering. Because the amendment corrects an error and imposes no new burden, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b) are unnecessary. Because the changes in this technical amendment result in no substantive change, the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days. List of Subjects in 14 CFR Part 61 Issued in Washington, DC, under the authority provided by 49 U.S.C. 106(f), 44701(a), 44703(e) on December 18, 2013. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2013–30604 Filed 12–23–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 121, and 135 [Docket No. FAA–2010–0100; Amdt. Nos. 61–130B, 121–365A, 135–127A] RIN 2120–AJ67 Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment Aircraft, Airmen, Aviation safety. The Amendment Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows: AGENCY: PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS SUMMARY: 1. The authority citation for part 61 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 45102– 45103, 45301–45302. 2. Amend § 61.13 by revising paragraph (a) to read as follows: ■ sroberts on DSK5SPTVN1PROD with RULES § 61.13 Issuance of airman certificates, ratings, and authorizations. (a) Application. (1) An applicant for an airman certificate, rating, or authorization under this part must make that application on a form and in a manner acceptable to the Administrator. (2) An applicant must show evidence that the appropriate fee prescribed in appendix A to part 187 of this chapter has been paid when that person applies for airmen certification services administered outside the United States. (3) An applicant who is neither a citizen of the United States nor a resident alien of the United States may be refused issuance of any U.S. airman certificate, rating or authorization by the Administrator. (4) Except as provided in paragraph (a)(3) of this section, an applicant who satisfactorily accomplishes the training and certification requirements for the certificate, rating, or authorization sought is entitled to receive that airman certificate, rating, or authorization. * * * * * VerDate Mar<15>2010 15:58 Dec 23, 2013 Jkt 232001 The FAA is correcting a final rule published on July 15, 2013 (78 FR 42324). In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment a pilot serving as a second in command in part 135 commuter operations to have an airline transport pilot certificate and an aircraft type rating, and a pilot in command in part 135 commuter operations to have 1,000 hours of air carrier experience. This document corrects those errors and makes several additional miscellaneous corrections. DATES: Effective Date: December 24, 2013. For technical questions concerning this correction contact Barbara Adams, Air Transportation Division, AFS–200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–8166; facsimile (202) 267–5299, email barbara.adams@faa.gov. For legal questions concerning this correction contact Anne Moore, Office of the Chief Counsel—International Law, Legislation, and Regulations Division, AGC–240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3123; facsimile (202) 267–7971, email anne.moore@ faa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Background On July 15, 2013, the FAA published a final rule entitled, ‘‘Pilot Certification and Qualification Requirements for Air Carrier Operations’’ (78 FR 42324). In that final rule, which became effective July 15, 2013, the FAA revised the pilot certificate requirements for a second in command (SIC) in part 121 operations. Specifically, § 121.436(a) requires a pilot in command to have an airline transport pilot (ATP) certificate, an aircraft type rating for the aircraft flown, and 1,000 hours of air carrier experience obtained as SIC in part 121 operations, as pilot in command (PIC) in operations conducted under §§ 135.243(a)(1), as PIC in operations conducted under § 91.1053(a)(2)(i), or any combination thereof. Section 121.436(b) requires the SIC to hold an ATP certificate and an aircraft type rating for the airplane flown. The FAA intended these certification requirements to apply only to pilots serving in part 121 operations. Existing § 135.3 states, however, that each certificate holder that conducts commuter operations under part 135 with airplanes in which two pilots are required by the aircraft type certificate shall comply with subparts N and O of part 121 instead of the requirements of subparts E, G, and H of part 135. Because the certification requirements in § 121.436 are located in subpart O of part 121, a PIC serving in part 135 commuter operations in airplanes that require two pilots by type certificate would be required by reference to comply with the new 1,000-hour air carrier experience requirement. Likewise, an SIC in those operations would now be required by reference to hold an ATP certificate and an aircraft type rating. The FAA did not discuss this issue in the preamble to the final rule nor did the FAA intend to impose this requirement on part 135 commuter operations. Technical Amendment Because the FAA did not intend to impose additional requirements on PICs and SICs serving in part 135 commuter operations that require two pilots by type certificate, the FAA is revising § 135.3(b) to clarify that an SIC in part 135 commuter operations does not need to comply with § 121.436(b) but may continue to hold a commercial pilot certificate with an instrument rating. The FAA is also amending § 121.436(a) to make clear that the 1,000 hour air carrier experience requirement applies only to PICs in part 121 operations. The FAA is also making a number of minor corrections that have been E:\FR\FM\24DER1.SGM 24DER1

Agencies

[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77571-77572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30604]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2007-27043; Amdt. No. 61-132]
RIN 2120-AI77


Fees for Certification Services and Approvals Performed Outside 
the United States; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting a direct final rule published on April 
12, 2007 (72 FR 18556). In that rule, the FAA amended its regulations 
to revise the fee requirement for issuance of airman certificates. This 
document amends one paragraph that unintentionally expanded the FAA's 
ability to refuse issuance of airman certificates to U.S. citizens and 
resident aliens, removes two paragraphs that were inadvertently left in 
one subsection, and renumbers the paragraphs and revises cross-
references accordingly.

DATES: Effective December 24, 2013.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact the General Aviation and Commercial Division, AFS-
800, Flight Standards Service, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 385-
9600. For legal questions concerning this final rule contact Anne 
Moore, Office of the Chief Counsel--International Law, Legislation, and 
Regulations Division, AGC-240, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; facsimile (202) 267-7971, email anne.moore@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    In 2007, the FAA published a direct final rule revising the fee 
requirement of 14 CFR 61.13 for the issuance of an airman certificate 
by extending the fee requirement to all applicants outside the United 
States regardless of citizenship. 72 FR 18556, 18558 (Apr. 12, 2007). 
The FAA is now issuing a technical amendment to Sec.  61.13 because the 
revision to the fee requirement inadvertently expanded the 
Administrator's authority to refuse to issue a U.S. airman certificate, 
rating, or authorization to U.S. citizens and resident aliens. 
Formerly, that provision had been limited to applicants who were non-
resident aliens.
    The FAA is also removing paragraphs (A) and (B) from paragraph 
(a)(2)(i) because those paragraphs were inadvertently left in Sec.  
61.13 due to erroneous amendatory instructions in the April 12, 2007 
direct final rule. 72 FR 18558. Finally, the FAA is renumbering the 
paragraphs of Sec.  61.13 and updating cross-references to reflect 
these revisions.

Technical Amendment

    Section 61.13 establishes the requirements for the issuance of 
airman certificates, ratings, and authorizations. Prior to issuance of 
the 2007 direct final rule, Sec.  61.13(a)(2) stated that an applicant 
for a certificate, rating, or authorization ``who is neither a citizen 
of the United States nor a resident alien of the United States'' must 
(i) show evidence of fees paid for airman certification services 
outside the United States, and (ii) may be refused issuance of any U.S. 
airman certificate, rating or authorization by the Administrator.\1\ In 
the 2007 direct final rule, the FAA amended the Sec.  61.13(a)(2) 
introductory text by removing the language which specifically applied 
the section to non-U.S. citizens and non-resident aliens. The FAA 
explained in the preamble that the intention of the rule change was to 
ensure that fees for airman certification services outside the United 
States were paid even by U.S. citizens. In changing the introductory 
text to Sec.  61.13(a)(2), however, the FAA inadvertently extended the 
Administrator's authority to refuse an airman certificate to all 
applicants regardless of citizenship. The FAA is issuing this technical 
amendment to correct this error. As amended, the Administrator's 
ability to refuse an airman certificate will apply only to non-U.S. 
citizens and non-resident aliens while retaining application of the fee 
requirement in Sec.  61.13(a)(2) to all applicants applying outside the 
United States regardless of citizenship.
---------------------------------------------------------------------------

    \1\ Under 49 U.S.C. 44703(e)(1), the Administrator may 
``restrict or prohibit issuing an airman certificate to an 
alien[.]''
---------------------------------------------------------------------------

    The FAA is also correcting a minor error to paragraphs (A) and (B) 
of Sec.  61.13(a)(2)(i). In the 2007 direct final rule, the FAA stated 
in the amendatory instructions to Sec.  61.13 that it was revising the 
introductory text of paragraph (a)(2) and (a)(2)(i), but did not 
explicitly state it was removing paragraphs (A) and (B) of that 
paragraph. As a result, paragraphs (A) and (B) of (a)(2)(i) were 
inadvertently

[[Page 77572]]

retained. This technical edit will correct that error. In addition, the 
FAA is renumbering Sec.  61.13(a)(2)(ii) as Sec.  61.13(a)(3), and 
Sec.  61.13(a)(3) as Sec.  61.13(a)(4), and revising a cross-reference 
in the newly created Sec.  61.13(a)(4) to reflect these changes in 
numbering.
    Because the amendment corrects an error and imposes no new burden, 
the FAA finds that the notice and public procedures under 5 U.S.C. 
553(b) are unnecessary. Because the changes in this technical amendment 
result in no substantive change, the FAA finds good cause exists under 
5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 
days.

List of Subjects in 14 CFR Part 61

    Aircraft, 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 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 continues 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.  61.13 by revising paragraph (a) to read as follows:


Sec.  61.13  Issuance of airman certificates, ratings, and 
authorizations.

    (a) Application. (1) An applicant for an airman certificate, 
rating, or authorization under this part must make that application on 
a form and in a manner acceptable to the Administrator.
    (2) An applicant must show evidence that the appropriate fee 
prescribed in appendix A to part 187 of this chapter has been paid when 
that person applies for airmen certification services administered 
outside the United States.
    (3) An applicant who is neither a citizen of the United States nor 
a resident alien of the United States may be refused issuance of any 
U.S. airman certificate, rating or authorization by the Administrator.
    (4) Except as provided in paragraph (a)(3) of this section, an 
applicant who satisfactorily accomplishes the training and 
certification requirements for the certificate, rating, or 
authorization sought is entitled to receive that airman certificate, 
rating, or authorization.
* * * * *

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 44701(a), 44703(e) on December 18, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-30604 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-13-P