Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment, 12474-12475 [2018-05859]

Download as PDF 12474 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, effective September 15, 2017, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * ASO AL E5 * * Clanton, AL [Amended] Chilton County Airport, AL (Lat. 32°51′02″ N., long. 86°36′41″ W.) That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Chilton County Airport. Issued in College Park, Georgia, on March 14, 2018. Ryan W. Almsay, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2018–05707 Filed 3–21–18; 8:45 am] daltland on DSKBBV9HB2PROD with RULES 17:42 Mar 21, 2018 14 CFR Part 121 [Docket No.: FAA–2016–9526; Amdt. No. 121–377B] Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; technical amendment. AGENCY: The FAA publishes this action to correct a minor, editorial error in a December 16, 2016 final rule on related aircraft proficiency checks. The FAA published a final rule to allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. The rule eliminated an inconsistency that permitted carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. As a result, the rule allowed air carriers to seek a deviation from the FSTD requirements for such proficiency checks based on a related aircraft designation and determination of an equivalent level of safety. This technical amendment removes a redundancy in the regulatory text that now exists as a result of the final rule. DATES: Effective March 22, 2018. FOR FURTHER INFORMATION CONTACT: Sheri Pippin, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: 202–267–8166; email: sheri.pippin@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Good Cause for Immediate Adoption Section 553(d)(3) of the Administrative Procedure Act (APA) requires publication of a substantive rule must be made not less than 30 days before the effective date except as provided by the agency for good cause found and published with the rule. Public notice and comment for this action are unnecessary because today’s action only eliminates an unnecessary redundancy in 14 CFR 121.441(f), which the FAA amended on December 16, 2016, 81 FR 90979. BILLING CODE 4910–13–P VerDate Sep<11>2014 Federal Aviation Administration RIN 2120–AK95 Airspace, Incorporation by reference, Navigation (air). § 71.1 DEPARTMENT OF TRANSPORTATION Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Good cause exists under section 553(d)(3) of the APA for this technical correction to become effective on the date of this action. Section 553(d)(3) allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(3). The purpose of the 30day waiting period the APA prescribes is to give affected parties a reasonable time to adjust their actions and prepare for the effectiveness of the final rule. Today’s amendment, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This document only removes an unnecessary redundancy in 14 CFR 121.441(f)(2)(iii) because the text of paragraph (f)(2)(iii) is largely duplicative of the text of paragraph (f)(2)(ii)(B). For these reasons, the FAA finds good cause under APA section 553(d)(3) exists for this amendment to become effective on March 22, 2018. II. Background On December 16, 2016, the FAA published the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment. 81 FR 90979. Corrected at 81 FR 95860, December 29, 2016. This final rule allows air carriers to seek a deviation from the FSTD requirements for related aircraft proficiency checks. As the FAA noted in the final rule, the FAA’s Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule issued in 2013 included opportunities for air carriers to modify training program requirements for flightcrew members when the carrier operates multiple aircraft types with similar design and flight handling characteristics. The final rule provided for the possibility of a deviation to allow credit for flightcrew member qualification requirements, including proficiency checks, when the carrier operates multiple aircraft types with similar design and flight handling characteristics. Paragraph (f) permits the Administrator to approve such a deviation based on a designation of related aircraft after the Administrator determines the certificate holder can demonstrate an equivalent level of safety. Specifically, paragraph (f) allows for deviation from the frequency of proficiency checks and from certain procedures and maneuvers required in appendix F to part 121 (Proficiency Check Requirements). Paragraph (f) did not, however, provide for the possibility of a deviation from the FSTD requirements specified in appendix F to E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations part 121. Therefore, prior to the December 16, 2016 final rule, § 121.441(f) did not allow a deviation even in cases in which the Flight Standardization Board (FSB) determines that the use of a lower level FSTD for a specific maneuver or procedure may be acceptable on a related aircraft proficiency check. This oversight resulted in inconsistency, as such a determination by the FSB would be based on similarities in design and flight characteristics between the base aircraft and the related aircraft. As a result, the FAA recognized a need to permit deviation from the FSTD requirements in appendix F to part 121. The December 16, 2016 final rule amended § 121.441 by amending paragraph (f), accordingly. This technical amendment removes paragraph (f)(2)(iii) from § 121.441 because the FAA’s recent changes to § 121.441 render the paragraph unnecessary. Paragraph (f)(2)(ii)(B) of § 121.441 requires the inclusion of maneuvers and procedures, as well as the level of FSTD to be used for each maneuver and procedure, in applications for deviation from the proficiency check requirements of § 121.441. Paragraph (f)(2)(iii) also states carriers must include maneuvers and procedures in related aircraft proficiency checks. As a result, although paragraph (f)(2)(iii) does not require a listing of the level of FSTD the carrier plans to use for each maneuver and procedure, the two paragraphs are unnecessarily redundant. Overall, the amended regulatory text will continue to ensure carriers that request a deviation based on a designation of related aircraft must include, for purposes of qualification proficiency checks, the necessary maneuvers and procedures as well as the level of FSTD to be used for each maneuver and procedure. III. Technical Amendment Consistent with the foregoing, the FAA removes paragraph (f)(2)(iii) to eliminate the redundancy in paragraphs (f)(2)(iii) and (f)(2)(ii)(B). daltland on DSKBBV9HB2PROD with RULES List of Subjects in 14 CFR Part 121 Air carriers, Aircraft, Airmen, Aviation safety. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 121 as follows: VerDate Sep<11>2014 17:42 Mar 21, 2018 Jkt 244001 PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 1. The authority citation for part 121 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112–95, sec. 412, 126 Stat. 89, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44729, 44732, 46105; Pub. L. 111–216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, 126 Stat. 62 (49 U.S.C. 44732 note). § 121.441 [Amended] 2. Amend § 121.441 by removing paragraph (f)(2)(iii). ■ Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) in Washington, DC. Lirio Liu, Executive Director, Office of Rulemaking. [FR Doc. 2018–05859 Filed 3–21–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 180227219–8219–01] RIN 0694–AH51 Addition of Certain Persons to the Entity List and Removal of Certain Persons From the Entity List; Correction of License Requirements Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: This final rule amends the Export Administration Regulations (EAR) by adding twenty-three persons to the Entity List. These twenty-three persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of Pakistan, Singapore and South Sudan. This rule also removes one person under the destination of Ecuador and one person under the destination of the United Arab Emirates (U.A.E.) from the Entity List. Both removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal requests. Lastly, this rule corrects the license requirement for twelve entities that were added under the destination of Russia as part of a recent BIS rule. SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 DATES: 12475 This rule is effective March 22, 2018. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–5991, Email: ERC@ bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Entity List (15 CFR, Subchapter C, part 744, Supplement No. 4) identifies entities reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The Export Administration Regulations (EAR) (15 CFR, Subchapter C, parts 730–774) imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The license review policy for each listed entity is identified in the License Review Policy column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register notice adding entities to the Entity List. BIS places entities on the Entity List pursuant to part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote, and makes all decisions to remove or modify an entry by unanimous vote. ERC Entity List Decisions Additions to the Entity List This rule implements the decision of the ERC to add twenty-three persons to the Entity List. These twenty-three persons are being added on the basis of § 744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The twenty-three entries added to the Entity List consist of seven entities located in Pakistan, one entity in Singapore and fifteen entities in South Sudan. The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12474-12475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05859]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No.: FAA-2016-9526; Amdt. No. 121-377B]
RIN 2120-AK95


Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers; Related Aircraft Amendment; Technical Amendment

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; technical amendment.

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

SUMMARY: The FAA publishes this action to correct a minor, editorial 
error in a December 16, 2016 final rule on related aircraft proficiency 
checks. The FAA published a final rule to allow air carriers to seek a 
deviation from the flight simulation training device (FSTD) 
requirements for related aircraft proficiency checks. The rule 
eliminated an inconsistency that permitted carriers that have obtained 
FAA approval to modify the FSTD requirements for related aircraft 
differences training, but not for corresponding proficiency checks. As 
a result, the rule allowed air carriers to seek a deviation from the 
FSTD requirements for such proficiency checks based on a related 
aircraft designation and determination of an equivalent level of 
safety. This technical amendment removes a redundancy in the regulatory 
text that now exists as a result of the final rule.

DATES: Effective March 22, 2018.

FOR FURTHER INFORMATION CONTACT: Sheri Pippin, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: 202-267-
8166; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Good Cause for Immediate Adoption

    Section 553(d)(3) of the Administrative Procedure Act (APA) 
requires publication of a substantive rule must be made not less than 
30 days before the effective date except as provided by the agency for 
good cause found and published with the rule. Public notice and comment 
for this action are unnecessary because today's action only eliminates 
an unnecessary redundancy in 14 CFR 121.441(f), which the FAA amended 
on December 16, 2016, 81 FR 90979.
    Good cause exists under section 553(d)(3) of the APA for this 
technical correction to become effective on the date of this action. 
Section 553(d)(3) allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the 
30-day waiting period the APA prescribes is to give affected parties a 
reasonable time to adjust their actions and prepare for the 
effectiveness of the final rule.
    Today's amendment, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. This document only removes an unnecessary 
redundancy in 14 CFR 121.441(f)(2)(iii) because the text of paragraph 
(f)(2)(iii) is largely duplicative of the text of paragraph 
(f)(2)(ii)(B). For these reasons, the FAA finds good cause under APA 
section 553(d)(3) exists for this amendment to become effective on 
March 22, 2018.

II. Background

    On December 16, 2016, the FAA published the Qualification, Service, 
and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft 
Amendment. 81 FR 90979. Corrected at 81 FR 95860, December 29, 2016. 
This final rule allows air carriers to seek a deviation from the FSTD 
requirements for related aircraft proficiency checks. As the FAA noted 
in the final rule, the FAA's Qualification, Service, and Use of 
Crewmembers and Aircraft Dispatchers final rule issued in 2013 included 
opportunities for air carriers to modify training program requirements 
for flightcrew members when the carrier operates multiple aircraft 
types with similar design and flight handling characteristics.
    The final rule provided for the possibility of a deviation to allow 
credit for flightcrew member qualification requirements, including 
proficiency checks, when the carrier operates multiple aircraft types 
with similar design and flight handling characteristics. Paragraph (f) 
permits the Administrator to approve such a deviation based on a 
designation of related aircraft after the Administrator determines the 
certificate holder can demonstrate an equivalent level of safety. 
Specifically, paragraph (f) allows for deviation from the frequency of 
proficiency checks and from certain procedures and maneuvers required 
in appendix F to part 121 (Proficiency Check Requirements). Paragraph 
(f) did not, however, provide for the possibility of a deviation from 
the FSTD requirements specified in appendix F to

[[Page 12475]]

part 121. Therefore, prior to the December 16, 2016 final rule, Sec.  
121.441(f) did not allow a deviation even in cases in which the Flight 
Standardization Board (FSB) determines that the use of a lower level 
FSTD for a specific maneuver or procedure may be acceptable on a 
related aircraft proficiency check. This oversight resulted in 
inconsistency, as such a determination by the FSB would be based on 
similarities in design and flight characteristics between the base 
aircraft and the related aircraft. As a result, the FAA recognized a 
need to permit deviation from the FSTD requirements in appendix F to 
part 121. The December 16, 2016 final rule amended Sec.  121.441 by 
amending paragraph (f), accordingly.
    This technical amendment removes paragraph (f)(2)(iii) from Sec.  
121.441 because the FAA's recent changes to Sec.  121.441 render the 
paragraph unnecessary. Paragraph (f)(2)(ii)(B) of Sec.  121.441 
requires the inclusion of maneuvers and procedures, as well as the 
level of FSTD to be used for each maneuver and procedure, in 
applications for deviation from the proficiency check requirements of 
Sec.  121.441. Paragraph (f)(2)(iii) also states carriers must include 
maneuvers and procedures in related aircraft proficiency checks. As a 
result, although paragraph (f)(2)(iii) does not require a listing of 
the level of FSTD the carrier plans to use for each maneuver and 
procedure, the two paragraphs are unnecessarily redundant. Overall, the 
amended regulatory text will continue to ensure carriers that request a 
deviation based on a designation of related aircraft must include, for 
purposes of qualification proficiency checks, the necessary maneuvers 
and procedures as well as the level of FSTD to be used for each 
maneuver and procedure.

III. Technical Amendment

    Consistent with the foregoing, the FAA removes paragraph 
(f)(2)(iii) to eliminate the redundancy in paragraphs (f)(2)(iii) and 
(f)(2)(ii)(B).

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 121 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 
44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 
note).


Sec.  121.441  [Amended]

0
2. Amend Sec.  121.441 by removing paragraph (f)(2)(iii).

    Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) 
in Washington, DC.
Lirio Liu,
Executive Director, Office of Rulemaking.
[FR Doc. 2018-05859 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-13-P
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