Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Outbreak, 26326-26350 [2020-09472]
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
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Paperwork Reduction Act, 44 U.S.C.
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Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA)
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describe the impact of a rulemaking on
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flexibility analysis, when among other
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that notice and public procedure are
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to the public interest. SBA Office of
Advocacy guide: How to Comply with
the Regulatory Flexibility Act, Ch.1. p.9.
Accordingly, SBA is not required to
conduct a regulatory flexibility analysis.
Jovita Carranza,
Administrator.
[FR Doc. 2020–09576 Filed 5–1–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 61, 63, 65, 91, 107,
125, and 141
[Docket No.: FAA–2020–0446; Amdt. No(s).
Amendment numbers 21–102, 61–145, 63–
43, 65–60, 91–357, 107–3, 125–69, and 141–
21]
RIN 2120–AL63
Relief for Certain Persons and
Operations During the Coronavirus
Disease 2019 (COVID–19) Outbreak
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This Special Federal Aviation
Regulation (SFAR) provides regulatory
relief to persons who have been unable
to comply with certain training, recent
experience, testing, and checking
requirements due to the Coronavirus
Disease 2019 (COVID–19) outbreak. This
relief allows operators to continue to
use pilots and other crewmembers in
support of essential operations during
this period. Additionally, this SFAR
provides regulatory relief to certain
persons and pilot schools unable to
meet duration and renewal
requirements due to the outbreak. This
rule also allows certain air carriers and
operators to fly temporary overflow
aircraft, a need resulting from the
outbreak, to a point of storage pursuant
to a special flight permit with a
continuing authorization.
DATES: Effective April 30, 2020 through
March 31, 2021.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
final rule, see ‘‘How to Obtain
Additional Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action for pilots, contact Craig Holmes,
General Aviation and Commercial
Division; Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–1100; email 9-AVSAFS800-COVID19-Correspondence@
faa.gov. For technical questions
concerning this action for mechanics
and special flight permits, contact Kevin
Morgan, Aircraft Maintenance Division;
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone (202) 267–1675;
email Kevin.Morgan@faa.gov. For
SUMMARY:
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technical questions concerning this
action for aircraft dispatchers and flight
engineers, contact Theodora Kessaris
and Sheri Pippin, Air Transportation
Division, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–8166; email 9-AVSAFS200-COVID-Exemptions@faa.gov.
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense
with notice and comment procedures
for rules when the agency for ‘‘good
cause’’ finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ In addition,
section 553(d) of the APA requires that
agencies publish a rule not less than 30
days before its effective date, except a
substantive rule that relieves a
restriction or ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(1) and (3).
The FAA finds good cause under 5
U.S.C. 553(b)(3)(B) to waive prior notice
and the opportunity for public
comment. The provisions in this final
rule provide temporary relief to persons
who have been unable to meet certain
requirements during the national
emergency concerning COVID–19.
Without this final rule, certain
individuals will not be able to continue
exercising privileges in support of
essential operations due to their
inability to satisfy certain training,
recent experience, testing, and checking
requirements. Additionally, other
individuals may—to the extent possible
given closures—attempt to satisfy
requirements through means contrary to
the national social distancing guidelines
in order to avoid economic burdens
resulting from non-compliance with
FAA regulations.
The FAA recognizes that there are
aviation operations outside of air carrier
and commercial operations conducted
under part 119 of title 14 of the Code of
Federal Regulations (14 CFR) that are
critical during the COVID–19 outbreak,
including operations that support
essential services and flights that
support fighting the outbreak. These
operations are likely to face disruption
due to a decreased supply of qualified
pilots. Since March 2020 and with each
month thereafter, a new group of pilots
becomes unavailable to perform critical
operations because they cannot comply
with certain training, recent experience,
testing, or checking requirements. This
SFAR will provide temporary relief to
certain individuals whose qualifications
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would otherwise lapse, to ensure there
are a sufficient number of qualified
personnel available to conduct essential
aviation activities during this period.
The FAA finds that this temporary
action is needed to enable individuals to
continue to exercise their airman
certificate privileges during the national
emergency.
This action is also needed to provide
immediate notification to individuals
facing impending expiration dates for
certificates, endorsements, and test
results.1 With the cessation of many
non-essential aviation training and
testing activities, many individuals have
been unable to complete certain
activities before encountering expiration
dates. Absent the relief in this rule,
persons may attempt to satisfy certain
requirements to avoid economic
burdens associated with noncompliance, despite the fact that
compliance would require acting
contrary to the national social
distancing guidelines. This final rule
provides immediate relief from certain
duration and renewal requirements to
reduce unnecessary risk of exposure and
to assure persons that they will not
endure economic burdens due to noncompliance with certain regulations.
Accordingly, the FAA finds that
providing notice and an opportunity to
comment is contrary to the public
interest, because it would delay
implementation of this final rule, could
result in disruption to critical aviation
operations, and could increase the
incidence of exposure during this public
health emergency.
In addition, for the same reasons
stated above, the FAA finds good cause
to waive the 30-day delay in effective
date of this final rule under 5 U.S.C.
553(d)(3) for the SFAR provisions that
address the training and qualification
requirements. Because the APA also
allows a substantive rule that relieves a
restriction to become effective in less
than 30 days after publication, the FAA
finds that the SFAR provisions that
provide relief by extending duration and
renewal requirements may also be
immediately effective. 5 U.S.C.
553(d)(1).
Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code (49 U.S.C.). Subtitle
I, Section 106 describes the authority of
1 Certain FAA regulations require a person to take
action within a particular timeframe in order to
avoid an expiration. For example, a knowledge test
result is generally valid for 24 months. A person
must take the practical test before the knowledge
test result expires or he or she must retake the
knowledge test at additional cost.
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the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority.
This rulemaking is promulgated
under the authority described in 49
U.S.C. 106(f), which establishes the
authority of the Administrator to
promulgate regulations and rules; 49
U.S.C. 44701(a)(5), which requires the
Administrator to promulgate regulations
and minimum standards for other
practices, methods, and procedures
necessary for safety in air commerce and
national security; and 49 U.S.C.
44703(a), which requires the
Administrator to prescribe regulations
for the issuance of airman certificates
when the Administrator finds, after
investigation, that an individual is
qualified for, and physically able to
perform the duties related to, the
position authorized by the certificate.
This rulemaking provides airmen relief
from certain training, recency, testing,
and checking requirements, and
establishes qualification requirements
for airmen seeking to conduct essential
operations during the COVID–19
outbreak. For these reasons, this
rulemaking is within the scope of the
FAA’s authority.
List of Abbreviations and Acronyms
Frequently Used In This Document
ATP—Airline Transport Pilot
COVID–19—Coronavirus Disease 2019
IFR—Instrument Flight Rules
PIC—Pilot in Command
SIC—Second in Command
UAS—Unmanned Aircraft Systems
Table of Contents
I. Overview of Final Rule
II. Background
III. Discussion of Final Rule
A. Relief From Certain Training, Recency,
Testing and Checking Requirements
1. Part 61
a. Second-in-Command Qualifications
(§ 61.55)
b. Flight Review (§ 61.56)
c. Recent Flight Experience: Pilot in
Command (§ 61.57)
d. Pilot-in-Command Proficiency Check:
Operation of an Aircraft That Requires
More Than One Pilot Flight
Crewmember or Is Turbojet-Powered
(§ 61.58)
2. Part 91, Subpart K Flight Crewmember
Requirements (§§ 91.1065, 91.1067,
91.1069, 91.1071, 91.1073, 91.1089,
91.1091, 91.1093, 91.1095, 91.1099,
91.1107)
3. Mitsubishi MU–2B Series Special
Training, Experience, and Operating
Requirements (Part 91, §§ 91.1703,
91.1705, 91.1715)
4. Aeronautical Knowledge Recency
(§ 107.65)
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5. Part 125 Flight Crewmember
Requirements (§§ 125.285, 125.287,
125.289, 125.291, 125.293)
6. Robinson R–22/R–44 Special Training
and Experience Requirements (SFAR 73)
B. Relief From Certain Duration and
Renewal Requirements
1. Part 61
a. Medical Certificates: Requirement and
Duration (§ 61.23)
b. Prerequisites for Practical Tests (§ 61.39)
c. Renewal Requirements for Flight
Instructor Certification (§ 61.197)
2. Relief for U.S. Military and Civilian
Personnel Who Are Assigned Outside
the United States in Support of U.S.
Armed Forces Operations (SFAR 100–2)
3. Part 63
a. Certificates and Ratings Required (§ 63.3)
b. Knowledge Requirements (§ 63.35)
4. Part 65
a. [Dispatcher] Knowledge Requirements
(§ 65.55)
b. Eligibility Requirements: General
(§ 65.71)
c. Inspection Authorization: Renewal
(§ 65.93)
d. Military Riggers or Former Military
Riggers: Special Certification Rule
(§ 65.117)
5. Part 141
a. Requirements for a Pilot School
Certificate (§ 141.5)
b. Renewal of Certificates and Ratings
(§ 141.27)
C. Other Relief for Special Flight Permits
(§ 21.197)
IV. Regulatory Notices and Analyses
V. Executive Order Determinations
VI. How to Obtain Additional Information
I. Overview of Final Rule
The FAA’s regulations contain several
training, recent experience, testing, and
checking requirements that persons
must comply with prior to exercising
their airman or crewmember privileges.
The FAA’s regulations also contain
duration requirements, such as those
pertaining to medical certificates, the
validity of knowledge tests, and general
procedures for completing a practical
test. Additionally, the FAA prescribes
renewal requirements for inspection
authorization holders, flight instructors,
and pilot school certificates. Because of
the national social distancing guidelines
to prevent the transmission of COVID–
19, persons have been unable to comply
with several of the FAA’s requirements.
As a result, ‘‘lapses’’ in qualifications,
which occur on the last day of each
month, will affect an additional cohort
of regulated parties at the end of each
month during which stay-at-home
advisories are in place and even as
routine activities begin to resume. The
regulatory relief provided in this SFAR
will enable the continuity of aviation
operations that are critical during the
COVID–19 outbreak, including
operations that support essential
services and flights that support
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response efforts. Additionally, the SFAR
contains regulatory relief for persons
who are unable to satisfy certain
requirements, to prevent those persons
from enduring unnecessary economic
burdens due to circumstances related to
the outbreak that are outside of their
control.
The FAA’s regulations also contain
requirements for special flight permits.
The COVID–19 public health emergency
has resulted in a number of air carriers
and operators needing to store aircraft
long term. This SFAR provides
regulatory relief to temporary overflow
aircraft to be flown to a point of storage
with a continuing authorization.
This SFAR is effective through March
31, 2021, which is the longest duration
of relief under this rule, provided to
airman who hold inspection
authorizations under part 65. The FAA
advises, however, that this date does not
reflect the duration for every provision
in the SFAR. Each person exercising
relief provided by this SFAR should
understand the conditions and duration
of such relief.
II. Background
Generally, the FAA issues airman
certificates to individuals upon
successful completion of a knowledge
test and practical test. Once an airman
holds a certificate, the FAA’s
regulations contain additional training
and qualification requirements that an
airman must satisfy to continue
exercising the privileges of the
certificate or to conduct a particular
operation in a specific aircraft.
Part 61 contains various recent
experience 2 (‘‘recency’’) and recurrent
training and checking requirements 3
that a pilot must satisfy prior to acting
as pilot in command (PIC).4 Several
regulations require pilots to obtain
proficiency checks from someone
authorized by the Administrator prior to
serving as PIC (or in some cases, second
in command (SIC)) of an aircraft.5 Part
91, subpart K, and part 125 contain
specific qualification requirements for
crewmembers.6 Part 107 contains an
aeronautical knowledge recency
requirement that must be met prior to
operating a small unmanned aircraft
system (UAS).7 FAA also has recurrent
training and recent experience
requirements specific to the Mitsubishi
MU–2B 8 and recent experience
requirements specific to the Robinson
R–22/R–44.9
In addition, the FAA prescribes
several duration requirements, such as
those pertaining to the validity of
knowledge tests and procedures for
completing practical tests.10 The FAA’s
regulations also contain renewal
requirements for persons holding flight
instructor certificates issued under part
61 and for schools holding pilot school
certificates and provisional pilot school
certificates issued under part 141.
On January 31, 2020, the Secretary of
Health and Human Services declared a
public health emergency for the United
States to aid in responding to COVID–
19. On March 13, 2020, the President
declared that the COVID–19 outbreak in
the United States constitutes a national
emergency. COVID–19 cases have been
reported in all 50 States as well as the
District of Columbia, Puerto Rico,
Guam, the Northern Mariana Islands,
and the U.S. Virgin Islands. On March
16, 2020, the President and the White
House Coronavirus Task Force
announced a program called ‘‘15 Days to
Slow the Spread,’’ 11 a nationwide effort
to slow the spread of COVID–19 in the
United States through the
implementation of social distancing at
all levels of society. On March 31, 2020,
the President and the White House
Coronavirus Task Force announced ‘‘30
Days to Slow the Spread,’’ which
extended the social distancing
guidelines for 30 days.12
The FAA has received several letters
from industry associations petitioning
the FAA for relief and extensions from
certain requirements during the COVID–
19 public health emergency.13 In a letter
from the Aircraft Owners and Pilots
Association (AOPA), National Business
Aviation Association (NBAA), General
Aviation Manufacturers Association
(GAMA) and Experimental Aircraft
7 14
2 Recent
flight experience requirements generally
may be accomplished by a pilot without having on
board an instructor or other person authorized by
the Administrator.
3 Recurrent training and checking requirements
generally must be accomplished with an instructor
or a person authorized by the Administrator to
conduct proficiency checks on board.
4 14 CFR 61.56 and 61.57.
5 14 CFR 61.55 and 61.58.
6 14 CFR 91.1065, 91.1067, 91.1069, 91.1071,
91.1073, 91.1089, 91.1091, 91.1093, 91.1095,
91.1099, 91.1107, 125.285, 125.287, 125.289,
125.291, and 125.293.
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CFR 107.65.
CFR 91.1703, 91.1705, and 91.1715.
9 SFAR No. 73.
10 14 CFR 61.39 and 61.43.
11 The White House & Centers for Disease Control
and Prevention, 15 Days to Slow the Spread (Mar.
16, 2020), available at https://www.whitehouse.gov/
articles/15-days-slow-spread/.
12 The White House & Centers for Disease Control
and Prevention, 30 Days to Slow the Spread (Mar.
31, 2020), available at https://www.whitehouse.gov/
wp-content/uploads/2020/03/03.16.20_coronavirusguidance_8.5x11_315PM.pdf.
13 These letters are available in the rulemaking
docket.
8 14
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Association (EAA),14 the associations
asked the FAA to provide the maximum
amount of flexibility within its authority
by granting exemptions or relief from
certain regulatory requirements
applicable to general aviation pilots.15
In another letter,16 NBAA noted that
private and recreational aircraft are used
by businesses around the country to
provide essential support.17 NBAA
provided examples of critical operations
that included medical equipment
manufacturers’ transportation of
equipment, the use small aircraft to
observe the condition of power lines
and pipelines, and the performance of
aerial operations to sustain agriculture
during planting season. NBAA cited a
February PricewaterhouseCoopers LLP
study that concluded general aviation
contributes 1.1 million jobs and $247
billion in economic activity to the U.S.
economy. NBAA emphasized that it is
imperative to ensure continuity of these
operations as our Nation recovers from
the COVID–19 emergency.18
In another letter, several industry
associations 19 sought broad relief on
behalf of the general aviation industry.20
The associations recognized the FAA’s
efforts aimed at air carrier operations,
training centers, pilot schools,
manufacturers, and maintenance
providers to sustain operations through
exemptions and deviations from
regulations and policies. The
associations emphasized, however, that
the general aviation industry also needs
relief to ensure the continuity of
operations and commerce during the
COVID–19 public health emergency.21
14 Letter from AOPA, NBAA, GAMA and EAA, to
Honorable Steve Dickson, Administrator, FAA
(March 20, 2020) (available in the rulemaking
docket).
15 For a complete list of the relief requested,
please see the associations’ letter, which is posted
in the rulemaking docket.
16 Letter from Brian Koester, Director of Flight
Operations and Regulations, NBAA, to Mr. Bruce
DeCleene, Flight Standards Service, FAA (March
31, 2020) (available in the rulemaking docket).
17 https://www.cisa.gov/transportation-systemssector.
18 NBAA expressly sought relief for part 91
(including part 91, subpart K) and part 125
operators who are unable to comply with the PIC
proficiency check requirements of § 61.58 during
the public health emergency.
19 This letter was signed by the Aircraft Owners
and Pilots Association, Air Medical Operators
Association, Experimental Aircraft Association,
General Aviation Manufacturers Association,
Helicopter Association International, National
Agricultural Aviation Association, National Air
Transportation Association, and National Business
Aviation Association.
20 Joint industry letter to Mr. Ali Bahrami,
Associate Administrator for Aviation Safety, FAA
(April 1, 2020) (available in the rulemaking docket).
21 The associations sought extensions from the
timelines set forth in several regulations including,
but not limited to, part 61 currency requirements,
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The associations noted that,
internationally, other civil aviation
authorities have already provided
exemptions to both commercial and
noncommercial operators.22
The industry associations also
explained how various general aviation
operations can be critical to the Nation
and can play a crucial role in the U.S.
and worldwide economy. For example,
they noted that general aviation directly
connects more than 5,000 public
airports compared to the 500 airports
used by scheduled airlines.
Additionally, the associations stressed
the importance of general aviation
operations for lifesaving air medical
missions, the movement of essential
personnel and medical equipment,
aerial applications for crops, forestry
treatments, firefighting, and eradication
of mosquitoes and other diseasecarrying pests. The associations further
emphasized the importance of rotorcraft
operations due to the vertical lift
capability, which expands the range of
locations at which operations can take
place to support the movement of
people, supplies, and critical services.
The associations also noted that
rotorcraft support operations of a wide
range of public safety service providers,
including law enforcement, firefighting,
and search and rescue.
III. Discussion of Final Rule
Without the relief provided in this
SFAR, certain persons are at risk of
ceasing operations due to their inability
to satisfy training and qualification
requirements due to disruptions caused
by the COVID–19 outbreak. Airmen
have experienced difficulty complying
with certain training, recency, checking,
testing, duration, and renewal
requirements as a result of stay-at-home
advisories and social distancing
implemented to slow the spread of the
virus. To comply with many of these
requirements, an airman would have
been required to be in close proximity
to another individual, often in a small,
confined space such as the flight deck
of an aircraft or inside a simulator. As
such, the airman would have had to
increase the risk of transmission of the
virus.
Even as routine activity begins to
resume, the disruption caused by such
public health measures has impeded
flight instructor renewal requirements, expiration of
knowledge tests, and duration requirements for
completing practical tests.
22 The letter cited to relief provided by civil
aviation authorities of Brazil, the European Union,
Italy, and the United Kingdom. The letter as posted
in the rulemaking docket contains links to access
the documents issued by these foreign civil aviation
authorities.
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and will continue to impede training
and qualification activities in the nearterm, resulting in airmen qualifications
lapsing either because persons cannot
access training facilities or FAA
inspectors are unavailable to conduct
required tests, checks, or observations.
Furthermore, classroom-training
environments, such as those provided
by part 141 pilot schools, may continue
to introduce personnel to unnecessary
risks of exposure. To enable the
continuity of aviation operations that
are critical to the Nation, the FAA finds
it necessary to provide short-term relief
from certain training, qualification,
duration, and renewal requirements.
Because this SFAR addresses multiple
regulations from several parts of the
Federal Aviation Regulations, the FAA
has provided the necessary background
information in the relevant sections of
the Discussion of the Final Rule. The
FAA emphasizes that, apart from the
limited relief granted in this SFAR,
individuals must continue to comply
with all applicable FAA regulations.23
Each of the following sections
explains the relief being granted, the
airmen or air agencies eligible for the
relief, and the mitigations the FAA finds
necessary to ensure aviation safety is
maintained.24 The temporary relief
provided here reflects and is limited to
the extraordinary circumstances of the
COVID–19 outbreak.
A. Relief From Certain Training,
Recency, Testing and Checking
Requirements
As noted in the letters from industry,
general aviation operators and
crewmembers can be a key part of the
U.S. infrastructure. The support that
23 The FAA notes, in particular, that § 61.51(a)
requires an individual to log training and
aeronautical experience used to meet the
requirements for a certificate, rating, or flight
review and aeronautical experience required for
meeting the recent flight experience requirements of
part 61. Likewise, § 61.51(i) requires a person to
present their pilot certificate, medical certificate,
logbook, or any other record required by part 61 for
inspection upon a reasonable request by (i) the
Administrator; (ii) an authorized representative
from the National Transportation Safety Board; or
(iii) any Federal, State, or local law enforcement
officer.
24 As explained further in Section IV.F of this
SFAR (International Compatibility), certain relief
provided in this SFAR does not conform with the
International Civil Aviation Organization (ICAO)
Standards and Recommended Practices (SARPs).
Certificate holders or operators may dispatch or
release flights and pilots and crewmembers may
operate outside of the United States under this
SFAR, unless otherwise prohibited by a foreign
country. For international operations where pilots
and crewmembers will exercise the relief identified
here, anyone exercising this relief must have access
to the SFAR when outside the United States and
present a copy of this SFAR for inspection upon
request by a foreign civil aviation authority.
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general aviation provides is particularly
critical at this time given the
unprecedented disruption caused by the
public health emergency. Because
public health measures requiring or
recommending people to stay at home
resulted in the inability of airmen to
complete certain regulatory
requirements and such disruptions are
likely to continue in the short-term as
routine activities begin to resume, the
FAA finds temporary relief from some
requirements is warranted to maintain
critical operations and reduce burdens
on airmen.
Relief granted in this section to
certain eligible pilots and crewmembers
applies only to persons conducting
specific operations for which the FAA
has determined relief is appropriate.
The relief applies to any operation
that requires the pilot to hold at least a
commercial pilot certificate. This
provision will support the continuity of
essential commercial operations, which
include aerial observation of critical
infrastructure, aerial applications (e.g.,
crops), and private carriage of medical
supplies and equipment, which are
conducted under part 91, subpart K, and
parts 125, 133, and 137.25
Additionally, this relief applies to
some operations conducted by pilots
exercising private pilot privileges,
provided the pilot has at least 500 hours
of total time as a pilot of which 400
hours is as PIC and 50 of the PIC hours
were accrued in the last 12 calendar
months. The kinds of operations
permitted are those that are:
• Incidental to business or
employment,
• in support of family medical needs
or to transport essential goods for
personal use,
• necessary to fly an aircraft to a
location in order to meet a requirement
of this chapter, or
• a flight to transport essential goods
and/or medical supplies to support
public health needs.
This SFAR also extends to pilots
conducting charitable medical flights for
a volunteer pilot organization pursuant
to an exemption issued under part 11,
provided the pilots continue to comply
with the conditions and limitations of
the exemption. For flights conducted by
private pilots under this relief, no one
may be carried on the aircraft unless
that person is essential to the purpose
of the flight, such as when transporting
doctors for the purpose of providing
medical care. This relief does not permit
private pilots to conduct these
25 In accordance with § 137.19, a private operator
pilot that holds a private pilot certificate is also
eligible for relief.
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operations for compensation or hire
unless permitted under the exception in
§ 61.113(b), (d), (e), or (h), or by
exemption.26
This relief also extends to flight
attendant crewmembers, check pilots,
and flight instructors under part 91,
subpart K, and part 125. Finally, this
relief applies to operations conducted
under part 107 of this chapter by a
person who holds a remote pilot
certificate issued under part 107. Pilots
exercising commercial pilot privileges
have at least 190 hours of flight time as
a pilot and have been tested to a higher
standard than private pilots. The
eligibility requirements for private
pilots are consistent with conditions
and limitations imposed on private
pilots conducting charitable flights
under a part 11 exemption.
This SFAR addresses crewmember
qualifications that have already lapsed
as well as those that may lapse in the
next few months, provided the
crewmember is eligible for the relief and
satisfies the safety mitigations before
exercising their privileges. The
eligibility requirements and mitigations
are discussed more fully in each
subsection.
1. Part 61
Part 61 prescribes the requirements
for pilot, flight instructor, and ground
instructor certification, which include
training, recency, testing, and checking
requirements. The FAA is providing
relief for second-in-command (SIC)
qualifications, pilot flight reviews,
specific recency of experience
requirements, and the PIC proficiency
check for pilots that operate aircraft that
require more than one pilot flight
crewmember or are turbojet-powered.
The specific relief is described in
paragraphs A.1.a. through A.1.d.
a. Second-in-Command Qualifications
(§ 61.55)
Section 61.55(b) states that no person
may serve as SIC of an aircraft
certificated for more than one required
pilot flight crewmember or in operations
requiring a SIC unless that person has,
within the previous 12 calendar months,
become familiar with certain
26 The FAA has consistently construed
compensation under § 61.113(a) broadly.
Compensation does not require a profit, profit
motive, or the actual payment of funds. Rather,
compensation is the receipt of anything of value,
including the reimbursement of expenses. For
additional discussion, the FAA has issued legal
interpretations with respect to what constitutes
compensation. Furthermore, nothing in this SFAR
relieves a person from the requirement to hold a
part 119 certificate if applicable FAA regulations
require a part 119 certificate. See generally FAA
Advisory Circular 120–12A (Apr. 24, 1986) and
FAA Advisory Circular 61–142 (Feb. 25, 2020).
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information specific to the type of
aircraft and performed and logged pilot
time in the type of aircraft or in a flight
simulator that represents the type of
aircraft.27 Although paragraph (c)
provides SICs a grace month 28 for
accomplishing this recency
requirement, the public health
emergency is creating challenges for
accomplishing this requirement even
within that additional timeframe.
As a result, the FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that allowing
eligible SICs two additional grace
months for completing the requirements
of § 61.55(b) would not present
additional risk to aviation safety that
cannot be mitigated, as explained in the
next paragraph. The additional grace
months are available to pilots whose
base month falls in March, April, May,
or June 2020. The ‘‘base month’’ is the
month in which training is due. The
‘‘grace months’’ are the months after the
month in which training is due, during
which the pilot is still eligible to
maintain recency. Under this SFAR,
pilots will have a total of three grace
months after the base month to
accomplish the requirements of
§ 61.55(b).29 If these requirements are
completed during the grace period, they
will be considered to have been
completed during the base month.
To attain the two additional grace
months, eligible pilots must complete
the following requirements prior to
serving as an SIC: (1) Review the
information for the specific type of
aircraft for which they are seeking SIC
privileges as prescribed in
§ 61.55(b)(1)(i)–(v); and (2) have logged
at least three takeoffs and landings to a
full stop as the sole manipulator of the
flight controls of the aircraft they will
serve as an SIC in within the 180 days
prior to serving as an SIC in that aircraft.
b. Flight Review (§ 61.56)
Section 61.56(c) states that no person
may act as PIC of an aircraft, unless
since the beginning of the 24th calendar
27 Section 61.55(b)(1)(i) specifies SICs must
become familiar with operational procedures
applicable to the powerplant, equipment, and
systems; performance specifications and
limitations; normal, abnormal, and emergency
operating procedures; flight manual; and placards
and markings. As prescribed in paragraph (b)(2), the
SIC must also log pilot time and perform at least
three takeoffs and three landings to a full stop as
the sole manipulator of the flight controls; engineout procedures and maneuvering with an engine
out while executing the duties of pilot in command;
and receive crew resource management training.
28 The ‘‘grace month’’ is the month after the
month in which training is due.
29 The three grace months consist of the grace
month provided in § 61.55(c) and the two
additional grace months provided by this SFAR.
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month before the month in which that
person acts as PIC, that person has
accomplished a flight review in an
aircraft for which that person is rated
and the person’s logbook has been
endorsed for that review by an
authorized instructor certifying the
review was satisfactorily completed.30
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that extending the
24 calendar month requirement of
§ 61.56(c) by up to three calendar
months will not adversely affect safety,
provided the extension applies to active
pilots and certain risk mitigations are
met. The three calendar month
extension applies to pilots who were
current to act as PIC of an aircraft in
March 2020 and whose flight review
was due in March 2020 through June
2020. To mitigate any safety risk, the
pilot must have logged at least 10 hours
of PIC time within the twelve calendar
months preceding the month the flight
review was due. This flight time must
be obtained in an aircraft for which that
pilot is rated.31 In addition, eligible
pilots will need to complete FAA Safety
Team online courses totaling at least
three WINGS credits.32 The courses
must have been completed in January
2020 or later to meet this requirement.
Completion of the safety courses
demonstrates continued learning and
pilot professional development.
c. Recent Flight Experience: Pilot in
Command (§ 61.57)
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Section 61.57 contains the recent
flight experience requirements to serve
as a PIC in an aircraft under various
conditions. These conditions include
the recency requirements for carrying
passengers during day and night
operations and operations under
instrument flight rules (IFR). After
reviewing the recent flight experience
requirements of this section, the FAA
has determined that only relief for
instrument recency is warranted.
30 Section 61.56(a) requires the flight review to
consist of a minimum of 1 hour of flight training
and 1 hour of ground training.
31 The FAA notes that requiring the flight time to
be completed in an aircraft for which the pilot is
rated is consistent with the requirement in § 61.56
for the flight review to be accomplished in an
aircraft for which the pilot is rated.
32 The WINGS—Pilot Proficiency Program was
developed to address accident causal factors in
general aviation by promoting continuous learning
and training through online courses, seminars, and
other events along with opportunities to fly with an
instructor. The FAA and third-party vendors offer
courses, many of which are free, for credit. Eligible
WINGS courses for pilots can be found on the FAA
Safety Team website at www.faasafety.gov. The
credit assigned to each course is listed in the
catalog of available courses.
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Section 61.57(c) specifies the
requirements to serve as a PIC under IFR
or weather conditions less than the
minimums prescribed for visual flight
rules (VFR). To be current under
§ 61.57(c),33 a pilot must have
performed and logged, within the six
calendar months preceding the month of
the flight, six instrument approaches,
holding procedures and tasks, and
intercepting and tracking courses
through the use of navigational
electronic systems. This experience can
be performed in actual weather
conditions or under simulated
conditions using a view-limiting device
in an airplane, powered-lift, helicopter,
or airship, as appropriate, or in a full
flight simulator (FFS), flight training
device (FTD), or aviation training device
(ATD) if the device represents the
category of aircraft for the instrument
rating privileges to be maintained.34
If a pilot is unable to establish
instrument recency in accordance with
§ 61.57(c), paragraph (d) prescribes how
a pilot may reestablish instrument
recency. If a pilot does not have the
required approaches, holding, and
intercepting and tracking courses in the
preceding six calendar months, the pilot
has an additional six calendar months to
obtain the required experience by flying
with a view-limiting device and a safety
pilot 35 or using a training device.
During this period, the pilot may not
serve as the PIC under IFR or weather
conditions less than the minimums
prescribed for VFR. If the pilot fails to
meet the instrument experience
requirements for more than six calendar
months, the pilot must complete an
instrument proficiency check
administered by an authorized
instructor, company check pilot,
designated pilot examiner, or person
approved by the Administrator.36
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that relief for
instrument recency is appropriate under
certain conditions. The FAA is
extending the six calendar month
33 Section 61.57(c)(1) contains the requirements
for maintaining instrument experience in an
airplane, powered-lift, helicopter, or airship.
Section 61.57(c)(3) contains the requirements for
maintaining instrument experience in a glider.
34 Section 61.57(c)(2) further allows the person to
complete the instrument experience required by
paragraph (c)(1) in any combination of aircraft, FFS,
FTD, or ATD.
35 A safety pilot is a person who occupies a
control seat in an aircraft and maintains a visual
watch when the pilot manipulating the flight
controls of the aircraft is using a view-limiting
device to simulate flight by reference to
instruments. 14 CFR 91.109(c).
36 Section 61.57(d)(3) contains the list of persons
who may administer an instrument proficiency
check.
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26331
requirement of § 61.57(c)(1) by an
additional three calendar months. This
will enable a pilot to continue
exercising instrument privileges,
provided the pilot has performed the
required tasks within the nine calendar
months preceding the month of the
flight, instead of the preceding six
calendar months.
To be eligible for the relief, a pilot
will need to have some recent
experience in instrument flight. More
specifically, the FAA is requiring that
the pilot have logged, in the preceding
six calendar months, three instrument
approaches in actual weather
conditions, or under simulated
conditions using a view-limiting device.
Eligible pilots may exercise the relief in
this SFAR through June 30, 2020. After
that date, a pilot must be current in
accordance with § 61.57(c). If the pilot
does not meet the instrument
experience requirements before June 30,
2020, the pilot retains the ability to
reestablish recency in accordance with
§ 61.57(d). However, the pilot will no
longer have six months to reestablish
instrument recency. Instead, the number
of months available for a pilot to attain
the instrument experience prior to
requiring completion of the instrument
proficiency check will depend on when
the person last established instrument
recency in accordance with § 61.57(c).37
d. Pilot-in-Command Proficiency Check:
Operation of an Aircraft That Requires
More Than One Pilot Flight
Crewmember or Is Turbojet-Powered
(§ 61.58)
Section 61.58 requires a PIC
proficiency check for those pilots that
fly an aircraft that requires more than
one pilot flight crewmember or is
turbojet-powered. Paragraph (a)(1)
requires a pilot to complete a PIC
proficiency check within the preceding
37 For example, if the pilot performed and logged
the tasks required by § 61.57(c)(1) in October 2019,
that pilot may continue exercising instrument
privileges under this SFAR after April 2020,
provided the pilot meets the qualification
requirements. This SFAR would allow that pilot to
continue acting as PIC under IFR or in weather
conditions less than the minimums prescribed for
VFR until June 30, 2020. After June 30, 2020, that
pilot would be required to comply with § 61.57(c).
As previously mentioned, § 61.57(d) gives a pilot
who has failed to meet the instrument experience
requirements of paragraph (c) a grace period of six
calendar months to reestablish instrument recency.
A pilot who does not reestablish instrument
recency during those additional six calendar
months may reestablish instrument recency only by
completing an instrument proficiency check.
Therefore, if the pilot in this hypothetical fails to
complete the tasks required by § 61.57(c)(1) by June
30, 2020, that pilot would have four calendar
months (until October 31, 2020) available to attain
the instrument experience prior to requiring
completion of an instrument proficiency check.
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twelve calendar months in an aircraft
that is type certificated for more than
one required pilot flight crewmember or
is turbojet-powered. In addition,
paragraph (a)(2) requires a pilot to
accomplish, within the preceding 24
calendar months, a PIC proficiency
check in the particular type of aircraft
in which that person will serve as PIC
that is type-certificated for more than
one required pilot flight crewmember or
is turbojet-powered.38 Paragraph (i)
establishes a grace month for
completing the PIC proficiency check.
Specifically, it allows the check to be
completed in the month prior to or the
month after the month in which the
check is due.
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that allowing two
additional grace months for completing
the PIC proficiency checks required by
§ 61.58(a)(1) and (2) does not present a
risk to aviation safety that cannot be
mitigated, as explained in the next
paragraph. Eligible pilots are those
pilots who are required to complete a
proficiency check in accordance with
§ 61.58(a)(1) and whose base month falls
within the time period of March 2020
through June 2020. In accordance with
§ 61.58(a)(2), pilots who have not
completed a proficiency check in the
aircraft they intend to fly within the
preceding 24 calendar months and
whose base month falls between March
2020 and June 2020, are also eligible for
the relief in this SFAR.39 Pilots will
have a total of three grace months after
the base month to accomplish the PIC
proficiency check required by
§ 61.58(a)(1) and (2).40 A PIC
proficiency check completed during the
grace period will be considered to have
been completed in the base month.
To obtain the two additional grace
months provided by this SFAR, a pilot
must meet certain qualification
requirements to ensure the pilot has
recent flight experience and is
knowledgeable on the procedures and
performance limitations for the specific
type of aircraft the PIC will operate.
First, an eligible pilot must meet the
recent flight experience required by
§ 61.57 as applicable to the flight being
38 In accordance with § 61.58(b), this section does
not apply to persons conducting operations under
subpart K of part 91, or part 121, 125, 133, 135, or
137. In accordance with § 61.57(c), the PIC
proficiency check given in accordance with subpart
K of part 91, parts 121, 125, or 135 may be used
to satisfy the requirements of this section.
39 If a pilot’s base month is June 2020, this SFAR
extends the validity through September 30, 2020.
40 This three-month grace period includes the
grace month that is already provided by § 61.58(i)
and the two additional grace months provided by
this SFAR.
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conducted.41 Additionally, an eligible
pilot must have reviewed, within the
previous three calendar months
preceding the month of the flight, the
following for each specific aircraft type
for which PIC privileges are desired:
a. Operational procedures applicable
to the powerplant, equipment, and
systems.
b. Performance specifications and
limitations.
c. Normal, abnormal, and emergency
operating procedures.
d. Flight manual.
e. Placards and markings.
2. Part 91, Subpart K Flight
Crewmember Requirements (§§ 91.1065,
91.1067, 91.1069, 91.1071, 91.1073,
91.1089, 91.1091, 91.1093, 91.1095,
91.1099, 91.1107)
Part 91, subpart K, prescribes the
additional rules that apply to private,
general aviation fractional ownership
programs. The subpart provides the
regulatory definitions and safety
standards for fractional ownership
programs; defines the program and
program elements; allocates operational
control responsibilities and authority to
the owners and program manager; and
provides increased operational and
maintenance safety requirements for
fractional ownership programs. There
are currently nine fractional ownership
programs operating under part 91,
subpart K. They range in size from
managers with two aircraft to managers
with over 500 airplanes and helicopters.
The crewmember testing and
checking requirements are established
in §§ 91.1065, 91.1067, 91.1069, and
91.1071. Recurrent training
requirements for crewmembers are
specified in §§ 91.1073, 91.1099, and
91.1107. These requirements cover the
following activities and timelines for
completion:
• Section 91.1065—pilot knowledge
testing and competency checking
requirements (completed within the
previous twelve months before the pilot
serves as a required crewmember);
• Section 91.1067—flight attendant
crewmember testing requirements
(completed within the previous twelve
months before serving as a flight
attendant crewmember);
• Section 91.1069(a) and (b)—
instrument proficiency checking
requirements for PICs (completed
within the previous six months) and
SICs (completed in previous twelve
months);
• Section 91.1099—initial or
recurrent training (completed within the
41 A pilot may use the relief to § 61.57 for
instrument recency in conjunction with the relief
provided for § 61.58 in this SFAR.
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previous twelve months before serving
as a crewmember);
• Section 91.1107—crewmember
recurrent training (completed within the
previous twelve months before serving
as a crewmember);
• Section 91.1069(c)—instrument
approach procedure recency
(demonstrated that type of approach
within previous six months);
• Section 91.1071(a)—creates a grace
month that allows a crewmember test or
flight check required by subpart K to be
completed in the month before or after
the month it is required; and
• Section 91.1073(b)—creates a grace
month that allows crewmember
recurrent training required by subpart K
to be completed in the month before or
after the month it is required.
Subpart K of part 91 also contains
instructor and check pilot qualifications
in §§ 91.1089 through 91.1095. Sections
91.1089 and 91.1091 require check
pilots and flight instructors qualified in
simulators to fly at least two flight
segments as a required crewmember for
the type, class, or category of aircraft
involved within the previous twelvemonth period or complete an approved
line-observation program within the
period prescribed by that program.
Paragraph (g) in both sections provides
a grace month stating that the flight
segments or line observations are
considered complete if completed in the
month before or the month after in
which they are due. Sections 91.1093
and 91.1095 require that a person who
conducts checking or instruction have
satisfactorily completed an observation
check within the preceding 24 months.
Paragraph (b) in both sections also
provides a grace month for the checks
to be completed.
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that allowing a
total of three grace months after the base
month for completing the covered
training, testing, and checking
requirements for crewmembers, check
pilots, and flight instructors whose base
month is in March, April, May, or June
2020—many of which already permit
one grace month—does not present a
risk to aviation safety that cannot be
mitigated under the conditions of this
SFAR. Management specifications
holders must conduct a safety analysis
and provide appropriate mitigations in
an acceptable plan to their FAA
principal inspector. This plan would
address any potential risk introduced by
extending crewmember, check pilot,
and flight instructor qualifications,
training, and checking. The plan must
ensure crewmembers remain adequately
trained and currently proficient for each
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aircraft, crewmember position, and type
of operation in which the crewmember
serves in accordance with § 91.1081(e).
The relief applies to requirements for
currently qualified crewmembers, check
pilots, and flight instructors only. It
does not apply to requirements for the
training and qualification of new
personnel.
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3. Mitsubishi MU–2B Series Special
Training, Experience, and Operating
Requirements (§§ 91.1703, 91.1705,
91.1715)
Subpart N of part 91 contains training,
experience, and operating requirements
specific to the Mitsubishi MU–2B series
airplane. Except as specified in
§ 91.1703(b),42 a person may not
manipulate the controls, act as PIC, or
act as SIC of a MU–2B series airplane for
the purpose of flight unless that person
satisfies certain ground and flight
training requirements,43 including
recurrent training requirements, in an
FAA-approved MU–2B training program
that meets the standards of subpart N of
part 91. This requirement is contained
in § 91.1705(a)(1).44
In addition, § 91.1705(b)(1) states that,
except as specified in § 91.1703(b), a
person may not manipulate the controls,
act as PIC, or act as SIC, of a MU–2B
series airplane for the purpose of flight
unless that person satisfactorily
completes, if applicable, recurrent pilot
training on the special emphasis items
and all items listed in the Training
Course Final Phase Check in accordance
with an FAA-approved MU–2B training
program that meets the standards of
subpart N of part 91.45
Section 91.1703(e) requires a person
to complete recurrent training within
the preceding twelve months without
the option of a grace month.46 Under
§ 91.1705(e), however, a person has one
42 Section 91.1703(b) states that a person who
does not meet the requirements of subpart N of part
91 may manipulate the controls of a Mitsubishi
MU–2B series airplane if a PIC who meets the
requirements of subpart N of part 91 is occupying
a pilot station, no passengers or cargo are carried
on board the airplane, and the flight is being
conducted for one of the reasons specified in
§ 91.1703(b)(1) through (3).
43 The requirements for ground and flight training
are on initial/transition, requalification, recurrent,
and differences training. 14 CFR 91.1705(a)(1).
44 Section 91.1705(a)(2) requires the person’s
logbook to have been endorsed in accordance with
§ 91.1705(f).
45 Section 91.1705(b)(2) also requires the person’s
logbook to have been endorsed in accordance with
§ 91.1705(f).
46 Successful completion of initial/transition
training or requalification training within the
preceding twelve months satisfies the requirement
of recurrent training. A person must successfully
complete initial/transition training or
requalification training before being eligible to
receive recurrent training. 14 CFR 91.1703(e).
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grace month to comply with the training
requirements of § 91.1705(a) or (b).
Therefore, § 91.1705(e) allows a person
to accomplish the recurrent training one
month after the month it is due.
Section 91.1715(c) stipulates that
completion of a flight review to satisfy
the requirements of § 61.56 is valid for
operation of a Mitsubishi MU–2B series
airplane only if that flight review is
conducted in a Mitsubishi MU–2B
series airplane, or an MU–2B simulator
approved for landings with an approved
course conducted under part 142.
Under the extraordinary
circumstances of the COVID–19
outbreak, the FAA supports relief for
certain experienced pilots flying MU–2B
series airplanes. This relief is not
applicable to pilots that are required to
complete initial/transition or
requalification training in an MU–2B
series airplane,47 because these pilots
could not meet the qualification
requirements.
Under this SFAR, a person may obtain
two additional grace months to
complete the recurrent training
requirements.48 To be eligible for this
relief, pilots must be qualified under
part 91, subpart N, and their base month
for completing the recurrent training
must fall in March, April, May, or June
2020. If a pilot completes the recurrent
training requirements within the grace
period provided by this SFAR, the
requirements will be considered to have
been completed in the base month.
Additionally, to ensure there is no
adverse impact to safety, the FAA has
determined it is necessary to impose
certain qualification requirements on
pilots seeking to exercise this relief. The
qualification requirements are intended
to serve as risk mitigations to ensure
that pilots exercising the temporary
relief under this SFAR are active pilots
with recent flight experience in the
MU–2B. To exercise the relief, a pilot
must also have a minimum of 10 hours
of flight time in an MU–2B series
airplane within the previous twelve
calendar months of the base month.
Three of those hours must be obtained
within three calendar months preceding
the base month. In addition, as required
by § 91.1715(a), the pilot must have at
least three takeoffs and landings to a full
stop as sole manipulator of the controls
in an MU–2B series airplane within the
last ninety days prior to the flight.
47 See
§ 91.1703(c) or (d).
means a person will have a total of three
grace months after the due month, because
§ 91.1705(e) already provides one grace month. The
‘‘grace months’’ are months after the month in
which training is due, during which the pilot is still
eligible to meet the recurrent training requirements.
48 This
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Furthermore, prior to manipulating
the controls of an MU–2B series
airplane in accordance with this SFAR,
pilots must complete three hours of selfstudy since January 1, 2020, and
preceding the date of the flight. This
self-study must include the ground
training required by § 91.1705(h)(1) and
the special emphasis items listed in the
approved MU–2B training program last
completed. In addition, pilots must
review the limitations, procedures,
aircraft performance, and MU–2B
Cockpit Checklist procedures applicable
to the flight training curriculum
required by § 91.1705(h)(2) for the MU–
2B model flown and the current general
operating and flight rules of part 91.
Consistent with the flight review
requirements of this SFAR, MU–2B
series pilots must complete online
courses for three WINGS credits. These
courses must have been completed since
January 1, 2020.
4. Aeronautical Knowledge Recency
(§ 107.65)
Section 107.65 requires remote pilots
certificated under part 107 to establish
recency of knowledge every 24 calendar
months. To meet the recency of
knowledge requirement per § 107.65(a)
or (b), remote pilots must pass an FAA
knowledge test at a knowledge testing
center. The initial and recurrent
knowledge tests required by § 107.65(a)
or (b) cover the comprehensive list of
knowledge areas specified in § 107.73(a)
or (b), respectively. Section 107.65(c)
allows remote pilots who are also
certificated under part 61 and have a
current flight review in accordance with
§ 61.56 to complete online training to
meet aeronautical knowledge recency.
The initial or recurrent training course
covers the condensed list of knowledge
areas specified in § 107.74(a) or (b),
respectively, because the part 61 pilot
who has a current flight review has
already demonstrated knowledge of
many of the topic areas tested on the
UAS knowledge test.49
Even if open, some knowledge testing
centers may introduce airmen to risks of
exposure to COVID–19. The inability of
part 107 operators to remain current
could have a negative impact on a
community’s ability to support the safe
inspection of infrastructure, including
power lines, fire and rescue, flood
responses, law enforcement, and overall
public safety.
Under the extraordinary
circumstances of the COVID–19
outbreak, eligible remote pilots who
49 Final Rule, Operation and Certification of
Small Unmanned Aircraft Systems, 81 FR 42063,
42164 (Jun. 28 (2016).
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would normally establish recency of
knowledge in accordance with
§ 107.65(a) or (b) may complete online
training as an alternative if required to
establish recency between April 2020
and June 2020. The remote pilot may
complete the FAA-developed initial or
recurrent online training courses 50 at
www.faasafety.gov one time to establish
knowledge recency for six calendar
months.51 As previously stated, the
initial or recurrent online training
course covers a condensed list of UASspecific knowledge areas because it is
intended for persons who hold part 61
pilot certificates and satisfy the flight
review requirements of § 61.56. The
FAA finds that, for a limited duration of
time, allowing remote pilots to complete
one of these online training courses is
an adequate alternative to passing a
knowledge test. However, because these
courses do not include all of the
knowledge areas under § 107.73(a) or (b)
that a remote pilot is required to be
tested on every 24 calendar months, the
remote pilot will need to establish
knowledge recency in accordance with
§ 107.65 at the conclusion of the six
calendar months. Remote pilots who
qualify to establish recency of
aeronautical knowledge per § 107.65(c)
are not included in this relief. Pilots
who use the relief from § 61.56 in this
SFAR may establish recency of
aeronautical knowledge per § 107.65(c)
and retain remote pilot privileges for 24
calendar months.
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5. Part 125 Flight Crewmember
Requirements (§§ 125.285, 125.287,
125.289, 125.291, 125.293)
Part 125 certificated operators
conduct non-common carriage
operations. Part 125 operators are not
permitted to hold out to the public
either directly or indirectly but can
operate incidental to their business and
50 ALC–451 (Part 107 Small Unmanned Aircraft
Systems (small UAS) Initial); ALC–515 (Part 107
Small Unmanned Aircraft Systems (small UAS)
Recurrent).
51 On February 13, 2019, the FAA published an
NPRM that, if adopted, would update the
regulations that govern part 107 operations. In the
NPRM, the FAA proposed to amend § 107.65(b) to
allow a remote pilot to meet the recency
requirements by completing recurrent training
(rather than a recurrent knowledge test) covering
the areas of knowledge specified in § 107.73. The
FAA is therefore actively engaged in rulemaking
that, if adopted, would provide the option for taking
an online recurrent training course in lieu of a UAS
knowledge test to all part 107 certificate holders.
The proposed recurrent training course would cover
the comprehensive list of knowledge areas set forth
in § 107.73, rather than the condensed list of
knowledge areas in § 107.74, which are intended for
part 61 certificate holders who satisfy the flight
review requirements specified in § 61.56. NPRM,
Operation of Small Unmanned Aircraft Systems
Over People, 84 FR 3856 (Feb. 13, 2019).
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have up to three long-term contracts for
commercial operations. These contracts
are normally for the carriage of cargo,
sports teams, and orchestras. Section
125.3 establishes deviation authority for
part 125. This allows operators to
deviate from specified sections of part
125, under certain circumstances.52 The
FAA issues a Letter of Deviation
Authority (LODA) for various kinds of
operations to include airplane ferry,
sales demonstrations, or training.53
These LODA-holders conduct
operations under part 91 and may hold
an operating certificate and have
operations specifications (OpSpecs).54
The FAA also issues a LODA to an
operator that conducts only noncommercial operations (i.e., private use
only)—specifically an A125 LODA.
Holders of an A125 LODA do not hold
an operating certificate or have
OpSpecs. Instead, they are issued a
letter of authorization (LOA) because
the flightcrew members operating under
an A125 LODA must comply with the
recency, recurrent testing, and
proficiency checking requirements of
part 125.
Section 125.287 requires a pilot of a
part 125 operation to have passed a
written or oral test given by the
Administrator or a check airman every
twelve calendar months and pass a
competency check in the type of
airplane flown in part 125 operations
every twelve calendar months.55 Section
125.289 requires a flight attendant to
complete recurrent testing every twelve
calendar months. Section 125.293(a)
provides for a grace month for
crewmembers to complete testing or
checking.56 Section 125.291(a) requires
that since the beginning of the sixth
calendar month before service, the PIC
of an airplane in a part 125 operation
under IFR must have passed an
instrument proficiency check and the
Administrator or an authorized check
airman has so certified in a letter of
52 Advisory Circular 125–1A further describes the
applicability of part 125 to certain large airplane
operations in other than common carriage and the
exceptions to the applicability.
53 These are A510, A511, or A512 LODA holders,
respectively.
54 Pilots of these LODA-holders comply with the
recency, training, and checking requirements of part
61.
55 This section also requires the certificate holder
to use a pilot who has passed the written or oral
test and competency check within the preceding 12
calendar months.
56 If a crewmember who is required to take a test
or check under part 125, if he or she completes the
test or check in the calendar month before or after
the calendar month in which it is required, that
crewmember is considered to have completed the
test or check in the calendar month in which it is
required.
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competency.57 Finally, § 125.285(a)
requires that pilot flight crewmembers
complete three takeoffs and landings
within the preceding 90 days in the type
airplane in which that person is to
serve.
Part 125 certificate holders and those
that hold an A125 LODA operate
airplanes with 20 seats or more, or a
payload capacity of 6,000 pounds or
more. These large airplanes are typically
used to move personnel and materials to
where they are needed and are an
essential part of the U.S. supply chain.
Part 125 certificate holders and A125
LODA holders are part of the U.S.
economic infrastructure.
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that allowing two
additional grace months for completing
the recurrent testing, checking, and
training requirements does not present a
risk to aviation safety that cannot be
mitigated. In addition, the FAA is
granting an additional sixty days for
completing the three required takeoffs
and landings. The requirements of this
SFAR ensure that certificate holders and
A125 LODA holders demonstrate a plan
to mitigate any potential risk introduced
by extending flight crewmember
qualifications.58 The relief applies to
requirements for currently qualified
flight crewmembers only, whose base
month is March, April, May, or June
2020. It does not apply to requirements
for the training and qualification of new
personnel. In order to utilize the relief
provided by this SFAR, the certificate
holder or A125 LODA holder must
provide an acceptable plan to its
assigned principal operations inspector
for acceptance that contains the
following information—
(i) A safety analysis and
corresponding risk mitigations to be
implemented by the certificate holder or
A125 LODA holder; and
(ii) The method the certificate holder
or A125 LODA holder will use to ensure
that each crewmember remains
adequately tested and currently
proficient for each aircraft, duty
position, and type of operation in which
the person serves.
6. Robinson R–22/R–44 Special Training
and Experience Requirements (SFAR
73)
SFAR 73 established special training
and experience requirements for pilots
57 The certificate holder is also required to use a
PIC in an airplane of a part 125 IFR operation who
has completed the instrument proficiency check
within the preceding six calendar months.
58 Pilots of other LODA-holders would comply
with the applicable relief to part 61 training,
recency, testing, and checking requirements.
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operating the Robinson model R–22 or
R–44 helicopters to maintain safe
operation of these helicopters. The FAA
determined that SFAR 73 was needed to
increase awareness of, and training for,
potential hazards of particular flight
operations in the Robinson helicopters.
To act as PIC of a Robinson R–22 or
R–44 helicopter, SFAR 73 requires the
person to complete the flight review
required under § 61.56 in an R–22 or R–
44 helicopter, as appropriate to the PIC
privileges sought, if the person has at
least 200 flight hours in helicopters of
which at least 50 flight hours are in the
applicable Robinson model helicopter
for which the person has PIC
privileges.59 Otherwise, it requires the
person to comply with the endorsement
requirements of SFAR 73.60
Under the extraordinary
circumstances of the COVID–19
outbreak, the FAA has determined that
the PIC of an R–22 or R–44 is compliant
with SFAR 73 if the person meets the
recency requirements of § 61.56
established in this SFAR in an R–22 or
R–44, or both, as appropriate. This relief
is limited to Robinson pilots that have
at least 200 hours in helicopters of
which at least 50 hours are in the
applicable Robinson model helicopter
for which the person has PIC privileges.
Low-time Robinson pilots that are
required to complete a flight review
every twelve calendar months in
accordance with SFAR 73 must
continue to comply with that SFAR.
For the relief in this SFAR, the flight
review must include SFAR 73
awareness training subjects in paragraph
2(a)(3) and the flight training subjects in
paragraph 2(b). R–22 or R–44 pilots
whose flight review is due in March
through June 2020 may extend an
additional three calendar months,
provided the pilots have at least 10
hours of PIC time in an R–22 or R–44
as applicable, in the preceding twelve
calendar months, of which three hours
must be in the three calendar months
preceding the month in which the flight
review is due. R–22 and R–44 pilots
must also complete a minimum of three
hours of self-study since January 1, 2020
and prior to the flight being conducted
on the following subjects—
1. SFAR 73 awareness training in
2(a)(3)(i)–(v);
2. 14 CFR part 91 regulations;
3. Robinson R–22 or R–44 Maneuvers
Guide applicable to the model (R–22 or
R–44) for which the airman has PIC
59 An R–44 PIC may credit up to 25 hours of R–
22 PIC time towards the 50 hours of PIC time
required in the R–44.
60 See 14 CFR part 61, SFAR 73, section 2,
paragraph (b)(1) or (2) Aeronautical Experience.
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privileges; or both maneuver guides, if
the airman has PIC privileges in both
Robinson model helicopters; 61
4. Complete Course ALC–103:
Helicopter Weight and Balance,
Performance at www.faasafety.gov; and
5. Complete ALC–104: Helicopter—
General and Flight Aerodynamics at
www.faasafety.gov.
The courses identified in 4 and 5 may
be used to satisfy the WINGS credit as
required by the relief to § 61.56 of this
SFAR.62
B. Relief From Certain Duration and
Renewal Requirements
Maintaining the continuity of
operations through the relief in section
A of this document is important to
ensure the stability of essential
functions of the U.S. transportation
system. The FAA also finds that it is
appropriate to grant relief for certain
duration and renewal requirements
because the COVID–19 outbreak has
made compliance difficult or in some
instances impossible. Without this
short-term relief, certificate holders will
have to choose between attempting to
comply with FAA requirements or
abiding by public health measures.
The relief discussed more fully in the
following sections responds to initial
disruptions that have prevented
certificate holders from seeking timely
renewals of certificates or from
completing certain testing activity
before expiration dates have passed.
Because these disruptions may continue
for a brief time as routine activities
begin to resume, the FAA is providing
relief for periods of time deemed
necessary to alleviate the burden. The
FAA has determined, under the
extraordinary circumstances of the
COVID–19 outbreak, that this relief will
not adversely affect safety because it is
narrowly focused on a small segment of
the regulated community, it will be in
effect for a short duration, and the
regulations will provide safeguards to
ensure an appropriate level of safety is
maintained.
1. Part 61
The FAA is granting temporary
regulatory relief from the validity dates
for medical certificates. This relief is
further described in B.1.a and B.3.a. The
FAA also recognizes that the inability to
complete a practical test at this time is
outside the applicant’s control due to
61 The Robinson Maneuver Guides contain the
flight training subjects identified in SFAR 73
paragraph 2(b).
62 Each course is worth 0.5 credits. R–22 and R–
44 pilots will need to select additional courses for
WINGS credit to fully meet the requirements of
§ 61.56 in this SFAR.
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the cessation of practical tests. As a
result, the FAA is providing relief to
extend the knowledge test validity
period as described in B.1.b. Finally,
because reduced staffing at FAA Flight
Standards offices, as well as stay-athome advisories, prevented some flight
instructors from renewing their
certificate based on activity, FAA is
providing relief to instructors whose
certificate expired as described in B.1.c.
a. Medical Certificates: Requirement and
Duration (§§ 61.2, 61.23)
Section 61.2(a)(5) states that no
person may exercise privileges of a
medical certificate issued under 14 CFR
part 67 if the medical certificate is
expired according to the duration
standards set forth in § 61.23(d). Section
61.23(d) states that the duration of a
medical certificate depends on the age
of the person on the date of the medical
examination, the duty position in which
the person is serving, the type of
operation the person is conducting, and
the class of certificate.
On April 1, 2020, the FAA published
an Enforcement Policy for Expired
Airman Medical Certificates in the
Federal Register (85 FR 18110)
notifying the public that the Agency
would not take legal enforcement action
against any person serving as a required
pilot flight crewmember or flight
engineer based on noncompliance with
medical certificate duration standards.
The policy is limited to specified
certificate expiration dates and to
operations within U.S. airspace. The
FAA also granted two exemptions
relating to the duration of medical
certificates, No. 18516 (Regulatory
Docket No. FAA–2020–0318) and No.
18515 (Regulatory Docket No. FAA–
2020–0317) limited to operations
outside U.S. airspace conducted by
certain 14 CFR part 119 certificate
holders. The FAA is incorporating the
relief granted in those exemptions into
this SFAR and expanding it to all pilots
to encompass all operations subject to
§§ 61.2, 61.23, and 63.3.63
Under the extraordinary
circumstances of the COVID–19
outbreak, the FAA has determined that
it is not appropriate at this time to
maintain the requirement of an FAA
medical examination, which is a
nonemergency medical service, in order
for pilots with expiring medical
certificates to obtain new medical
certificates. Aviation medical
examinations increase the risk of
63 Because the medical certification requirement
for flight engineers falls under part 63, rather than
part 61, the SFAR relief pertaining to § 63.3 is
addressed in Section B.3 of this preamble.
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transmission of the virus through
personal contact between the physician
and the applicant for a medical
certificate. Even as routine activity
begins to resume, the disruption to
medical examinations may continue.
The FAA notes that the provisions of
this SFAR do not extend to the
requirements of § 61.53 regarding
prohibition on operations during
medical deficiency. These prohibitions
remain critical for all pilots to observe,
especially given the policy of emergency
accommodation announced here and
the health threat of COVID–19.
Accordingly, the FAA emphasizes that
under § 61.53, no person who holds a
medical certificate issued under 14 CFR
part 67 may act as a required pilot flight
crewmember while that person:
(1) Knows or has reason to know of
any medical condition that would make
the person unable to meet the
requirements for the medical certificate
necessary for the pilot operation; or
(2) is taking medication or receiving
other treatment for a medical condition
that results in the person being unable
to meet the requirements for the medical
certificate necessary for the pilot
operation.
The FAA has determined that pilots
may operate beyond the validity period
of their medical certificate for a limited
time without creating a risk to aviation
safety that is unacceptable under the
extraordinary circumstances
surrounding the COVID–19 outbreak.
For the reasons cited, for medical
certificates that expire from March 31,
2020 through May 31, 2020, the FAA is
extending the validity period of these
medical certificates to June 30, 2020.
b. Prerequisites for Practical Tests
(§ 61.39)
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Section 61.39 establishes the
eligibility requirements for an applicant
seeking to take a practical test for a
certificate or rating issued under part
61. Among these requirements, an
applicant must have passed the required
FAA knowledge test within a specified
period of time. With the exception of
the multiengine airplane airline
transport pilot (ATP) certificate, FAA
knowledge tests are valid for 24
calendar months.64 The multiengine
airplane ATP knowledge test is valid for
sixty calendar months.65
64 Section 61.39(a)(1)(i) requires the applicant to
have passed the required knowledge test within the
24-calendar month period preceding the month the
applicant completes the practical test, if a
knowledge test is required.
65 Section 61.39(a)(1)(ii) requires the applicant to
pass the required knowledge test within the sixtycalendar month period preceding the month the
applicant completes the practical test for those
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As a result of the COVID–19 outbreak,
an applicant may not have been able to
complete a practical test, as planned,
prior to the expiration of his or her
knowledge test. The majority of
practical tests, if not all, have been
temporarily suspended or cancelled.
Most examiners are unwilling to
provide testing until State and Federal
public health measures have been lifted.
Knowledge testing centers delivered
more than 60,000 knowledge tests
between March and June 2018.66
Although the FAA does not know the
number of applicants who have
subsequently completed the practical
test, the number of test results set to
expire during this time period could be
significant.
If an applicant’s knowledge test
expires before he or she can complete
the practical test, that applicant is
required to pass another knowledge test
prior to completing the practical test. It
costs a person $96–160 per test,67
depending upon the testing location, to
take an FAA knowledge test. Therefore,
requiring a person whose knowledge
test result expired during the COVID–19
outbreak to take another knowledge test
would result in an additional economic
burden on the applicant.
Where avoidable, it is not in the
public interest to induce persons to
attempt to complete a practical test,
contrary to social distancing guidelines,
solely to avoid an economic burden
resulting from expiration of their
knowledge test.
The FAA has determined, under the
extraordinary circumstances of the
COVID–19 outbreak, that it is necessary
to provide reasonable regulatory relief to
the specific class of individuals who
have knowledge tests expiring between
March 2020 and June 2020. To ensure
these individuals are not penalized by
having to take another knowledge test,
the FAA is extending the validity of
knowledge tests by a duration of three
calendar months. Therefore, this SFAR
will allow an individual who has a
knowledge test expiring between March
2020 and June 2020 to present the
expired knowledge test to show
eligibility under § 61.39(a)(1) to take a
practical test for a certificate or rating
issued under part 61 for an additional
three calendar months.68
applicants who complete the ATP certification
training program in § 61.156 and pass the
knowledge test for an ATP certificate with a
multiengine class rating after July 31, 2014.
66 FAA Regulatory Support Division provided
knowledge test data from their Airman Testing
Standards database.
67 FAA Regulatory Support Division provided
knowledge test cost information on April 14, 2020.
68 Except for a multiengine ATP knowledge test,
a knowledge test taken for a pilot certificate or
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In addition to passing a knowledge
test, the eligibility requirements for
taking a practical test require an
applicant to satisfactorily accomplish
the required training and obtain the
aeronautical experience required for the
certificate or rating sought.69 The
regulations also require the applicant to
have received flight training from an
authorized instructor in preparation for
the practical test within the two months
preceding the month of the test.70 The
authorized instructor must endorse the
applicant’s logbook or training record
certifying that the applicant has
received and logged this training and is
prepared for the required practical
test.71 While this SFAR will allow
certain individuals to use an expired
knowledge test, the other requirements
in part 61 will ensure the individual is
prepared for the practical test, and the
evaluator administering the practical
test will have the opportunity to
determine whether the person is
qualified to hold the certificate.72 Under
the extraordinary circumstances of the
COVID–19 outbreak, and because the
relief applies to a specific group of
individuals and is limited in duration,
the FAA has determined that these
regulatory requirements will provide
sufficient assurance that there will be no
adverse impact to safety.
c. Renewal Requirements for Flight
Instructor Certification (§ 61.197)
Unlike other airman certificates, flight
instructor certificates have expiration
dates. Section 61.197 establishes
renewal requirements for flight
instructor certificates. In accordance
with paragraph (a), a person who holds
a flight instructor certificate that has not
expired may renew that flight instructor
certificate through various methods.
Generally, a flight instructor must renew
his or her certificate every 24 calendar
months.73
Section 61.197(a)(2) offers four
methods for renewal that require
submitting a completed and signed
application with the FAA. The
application can be submitted in the
rating in May 2018 would expire in May 2020. With
the relief in this SFAR, the passing knowledge test
results are valid until August 2020.
69 14 CFR 61.39(a)(3).
70 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129,
61.313.
71 14 CFR 61.39(a)(6).
72 The regulations require the applicant to pass
the practical test on the areas of operation required
for the certificate or rating sought. 14 CFR
61.96(b)(7), 61.103(h), 61.123(g), 61.153(h),
61.165(e)(4) and (f)(5), 61.183(h), 61.307(b),
61.405(b)(2).
73 Section 61.197(a)(1) permits a flight instructor
to renew automatically by passing a practical test
for a current instructor rating or an added instructor
rating.
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renewal month or up to three calendar
months preceding the renewal month.
Section 61.197(a)(2) requires the flight
instructor to satisfactorily complete one
of the following renewal requirements:
• Train and endorse at least five
students for a practical test for a
certificate or rating during the preceding
24 calendar months with at least 80
percent of those students passing on the
first attempt;
• serve, within the preceding 24
calendar months, as a company check
pilot, chief flight instructor, company
check airman, or flight instructor in a
part 121 or 135 operation, or in a
position involving the regular
evaluation of pilots;
• successfully complete an approved
flight instructor refresher course (FIRC),
either in-person or online, within the
preceding three calendar months
preceding the expiration date of the
certificate; or
• pass, within the preceding 24
calendar months, an official U.S. Armed
Forces military instructor pilot or pilot
examiner proficiency check in an
aircraft for which the military instructor
already holds a rating or in an aircraft
for an additional rating.
A flight instructor certificate will
expire if the flight instructor fails to
comply with the renewal requirements
set forth in § 61.197. The holder of an
expired flight instructor certificate who
has not complied with the renewal
requirements may reinstate that flight
instructor certificate and ratings only by
passing a practical test for one of the
ratings held on the flight instructor
certificate or for an additional rating.74
The COVID–19 outbreak has
disrupted certificated flight instructors’
plans for renewing their certificates
using the methods prescribed in
§ 61.197(a)(2). For example, a flight
instructor may have enrolled in an inperson FIRC that was subsequently
cancelled due to stay-at-home
advisories. Additionally, flight
instructors who have satisfactorily
completed one of the renewal
requirements in § 61.197(a)(2)(i), (ii), or
(iv) may be unable to travel to an FAA
Flight Standards office to present
records demonstrating eligibility for
renewal.
During the COVID–19 outbreak, the
FAA recommends that flight instructors
take advantage of the option to renew
their flight instructor certificates by
satisfactorily completing an online FIRC
in accordance with § 61.197(a)(2)(iii).75
74 14
CFR 61.199.
are seven existing FIRCs that are taught
using an online platform that require no face-to-face
contact. Those online FIRC providers also offer
75 There
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The FAA recognizes, however, that this
is not an equitable option for all flight
instructors as certain flight instructors
may have already satisfied a renewal
requirement other than a FIRC. For
example, a flight instructor may have
already trained and endorsed at least
five students in the preceding 24
calendar months with an 80 percent
pass rate.
The FAA has therefore determined,
under the extraordinary circumstances
of the COVID–19 outbreak, that flight
instructors who satisfy a renewal
requirement listed in § 61.197(a)(2)(i),
(ii), or (iv) should not be required to also
complete an online FIRC, which is an
additional economic burden, simply
because the flight instructor is unable to
process his or her renewal at an FAA
Flight Standards office. Accordingly, to
accommodate flight instructors who
have flight instructor certificates
expiring between March 31, 2020 and
May 31, 2020, the FAA is extending the
validity of these flight instructor
certificates until June 30, 2020.
Therefore, under this SFAR, a flight
instructor who has a certificate expiring
in March, April, May, or June 2020 may
submit a completed and signed
application with the FAA and show
satisfactory completion of the one of the
renewal requirements listed in
§ 61.197(a)(2)(i) through (iv) until June
30, 2020. A person who renews his or
her flight instructor certificate during
this grace period will retain the original
expiration month on the flight instructor
certificate. For example, if a person’s
flight instructor certificate expires in
March 31, 2020, and that person renews
his or her flight instructor certificate in
accordance with this SFAR in June
2020, that person’s renewed flight
instructor certificate will still expire on
March 31, 2022.
After June 30, 2020, a flight instructor
who holds an expired flight instructor
certificate must reinstate that certificate
in accordance with § 61.199.
2. Relief for U.S. Military and Civilian
Personnel Who Are Assigned Outside
the United States in Support of U.S.
Armed Forces Operations (SFAR 100–2)
SFAR 100–2 allows the FAA Flight
Standards offices to accept expired
flight instructor certificates and
inspection authorizations for renewals
and expired airman written test reports
for certain practical tests from U.S.
military and civilian personnel (U.S.
personnel) who are assigned outside the
Airman Certification Representative (ACR) services.
These ACRs are authorized to renew a flight
instructor certificate after successful completion of
their FIRC.
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United States in support of U.S. Armed
Forces operations. SFAR 100–2 is
necessary to avoid penalizing U.S.
personnel who are unable to meet the
regulatory time limits of their flight
instructor certificate, inspection
authorization, or airman written test
report because they are serving outside
the United States in support of U.S.
Armed Forces operations when they
expire. The effect of SFAR 100–2 is to
give U.S. personnel who are assigned
outside the United States in support of
U.S. Armed Forces operations extra time
to meet certain eligibility requirements
in the current rules.
Due to social distancing guidelines
and stay-at-home advisories, persons
affected by this SFAR may not be able
to comply with paragraph 2.(c) of SFAR
100–2, which states the person must
comply with § 61.197 or § 65.93, as
appropriate, or complete the appropriate
practical test within six calendar
months after returning to the United
States. Therefore, under the
extraordinary circumstances of the
COVID–19 outbreak, the FAA is
extending the relief granted by SFAR
100–2 by an additional three calendar
months for eligible persons who
returned to the U.S. from deployment in
October 2019 through March 2020. This
relief will enable those persons to
complete the requirements of paragraph
2.(c) within nine calendar months after
returning to the United States.76 If a
person returns from deployment after
March 2020, that person must comply
with SFAR–100–2.
3. Part 63
As previously described, the FAA has
determined to grant temporary relief
from the expiration of medical
certificates to provide additional time
for airmen to accomplish medical
examinations and obtain new medical
certificates. Similarly, medical relief for
flight engineers is necessary as
described in B.3.a. Extending
knowledge test passing results for flight
engineers is also necessary and
explained in B.3.b.
a. Certificates and Ratings Required
(§ 63.3)
Section 63.3(b) states that a person
may act as a flight engineer of an aircraft
only if that person holds a current
second-class medical certificate issued
to that person under 14 CFR part 67. For
the reason previously stated in section
76 A person who otherwise meets the eligibility
requirements in SFAR 100–2 who returned from
deployment in November 2019 will now have until
August 2020 to complete the desired certificate
requirements instead of completing them in May
2020.
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B.1.a and subject to the same conditions
and limitations, the FAA has
determined that flight engineers may
operate beyond the validity period of
their medical certificate for a limited
time without creating a risk to aviation
safety that is unacceptable under the
extraordinary circumstances
surrounding the COVID–19 outbreak.
Accordingly, for medical certificates
that expire from March 31, 2020 through
May 31, 2020, the FAA is extending the
validity period of these medical
certificates to June 30, 2020.
The FAA notes that the provisions of
this SFAR do not extend to the
requirements of § 63.19 regarding
prohibition on operations during
physical deficiency. These prohibitions
remain critical for all flight engineers to
observe, especially given the policy of
emergency accommodation announced
here and the health threat of COVID–19.
Accordingly, the FAA emphasizes that
under § 63.19, no person who holds a
medical certificate issued under 14 CFR
part 67 may serve as a flight engineer
during a period of known physical
deficiency, or increase in physical
deficiency, that would make him or her
unable to meet the physical
requirements for his or her current
medical certificate.
b. Flight Engineer Knowledge
Requirements (§ 63.35)
Section 63.35 establishes the
knowledge requirements for a person
seeking a flight engineer certificate.
Paragraph (d) states the applicant for a
flight engineer certificate or rating must
have passed the written tests required
by paragraphs (a) and (b) since the
beginning of the 24th calendar month
before the month in which the flight is
taken.77
For the reasons discussed in section
B.1.b of this preamble and subject to the
same condition and limitations, the
FAA is also providing relief to persons
seeking a flight engineer certificate
under part 63 who have written tests
expiring between March 2020 and June
2020. Consistent with the relief
provided to pilot applicants under part
61, the FAA is extending the validity of
written tests under part 63 for a
duration of three calendar months. The
FAA finds, under the extraordinary
circumstances of the COVID–19
outbreak, that this relief will not
adversely affect safety because it is
narrowly focused on a small segment of
77 Exceptions
to the 24 calendar month limitation
are prescribed in paragraphs (d)(1) for applicants
employed as a flight crewmember or mechanic by
an air carrier; or (d)(2) for applicants that
participated in a military flight engineer or
maintenance program.
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the regulated community, it will be in
effect for a short period of time, and the
regulations will provide adequate
safeguards to ensure an appropriate
level of safety is maintained.
4. Part 65
As described for pilots and flight
engineers, extending knowledge test and
written test results for aircraft
dispatchers and mechanics,
respectively, is also warranted and
further described in B.4.a. and B.4.b.
The ability for some mechanics to renew
their inspector authorization (IA) has
also been made more difficult as a result
of the COVID–19 outbreak; therefore,
the FAA is extending relief to eligible
persons as described in B.4.c. Finally,
the ability for former military parachute
riggers to apply for a senior parachute
rigger certificate is temporarily difficult,
resulting in some limited relief as
described in B.4.d.
The FAA finds, under the
extraordinary circumstances of the
COVID–19 outbreak, that the relief
provided to part 65 airmen will not
adversely affect safety because it is
narrowly focused on a small segment of
the regulated community, it will be in
effect for a short period of time, and the
regulations will provide adequate
safeguards to ensure an appropriate
level of safety is maintained.
a. Dispatcher Knowledge Requirements
(§ 65.55)
Section 65.55 establishes the
knowledge requirements for a person
seeking an aircraft dispatcher certificate.
Paragraph (b) requires the applicant for
an aircraft dispatcher certificate to
present passing knowledge test results
within the preceding 24 calendar
months.
For the reasons discussed in section
B.1.b and subject to the same conditions
and limitations, the FAA, under the
extraordinary circumstances of the
COVID–19 outbreak, is also providing
relief to persons seeking an aircraft
dispatcher certificate under part 65 who
have knowledge tests expiring between
March 2020 and June 2020. Therefore,
consistent with the relief provided to
pilot applicants under part 61 and flight
engineer applicants under part 63, the
FAA is extending the validity of
knowledge tests under § 65.55 for a
duration of three calendar months.
Accordingly, an individual who has a
knowledge test expiring between March
2020 and June 2020 may present the
expired knowledge test to show
eligibility under § 65.55 to take a
practical test for an aircraft dispatcher
certificate for a period of three calendar
months.
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b. Eligibility Requirements: General
(§ 65.71)
Section 65.71 establishes the
eligibility requirements for a mechanic
certificate and associated ratings.
Paragraph (a)(3) requires an applicant to
have passed all of the prescribed tests
within a period of 24 months from the
initiation of testing. Testing for a FAA
mechanic certificate includes three
tests, which are the written, oral, and
practical.78 Section 65.75 establishes the
knowledge requirements, including the
requirement to pass a written test.
Section 65.79 contains the skill
requirements, including the requirement
to pass an oral and practical test.
Additionally, § 65.71(b) requires a
certificated mechanic who applies for
an additional rating to meet the
experience requirements of § 65.77 and,
within a period of 24 months, pass the
written test required by § 65.75 and the
oral and practical tests required by
§ 65.79 for the additional rating sought.
For the reasons discussed in section
B.1.b of this preamble, the FAA, under
the extraordinary circumstances of the
COVID–19 outbreak, is also providing
relief to persons seeking a mechanic
certificate or rating issued under part 65
who have testing periods expiring
between March 2020 and June 2020.
Therefore, consistent with the relief
provided under parts 61 and 63, the
FAA is extending the validity of the
testing period under § 65.71 for a
duration of three months. Accordingly,
an individual who has a testing period
expiring in March, April, May, or June
2020 may show eligibility under § 65.71
to take a practical test for a mechanic
certificate or rating provided the testing
period does not exceed 27 months.79
c. Inspection Authorization: Renewal
(§ 65.93)
There are more than 30,000 FAAcertificated mechanics 80 that hold
inspection authorizations (IA), which
enable them to perform vital aircraft
maintenance services to the general
aviation community. With the exception
of any aircraft maintained in accordance
with a continuous airworthiness
program under part 121, mechanics
with IA can inspect and approve for
return to service any aircraft or related
part or appliance after a major repair or
major alteration to it if the work was
done in accordance with technical data
78 Under part 65, subpart D, the FAA may issue
an airframe or powerplant rating. 14 CFR 65.73.
79 If a testing period was to expire on April 30,
2020, this SFAR extends the testing period to July
31, 2020.
80 Information provided by the FAA Aircraft
Maintenance Division on April 10, 2020.
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approved by the FAA.81 The COVID–19
outbreak has posed a challenge for some
of these mechanics to meet their
renewal requirements under § 65.93.
Each inspection authorization expires
on March 31st of each odd-numbered
year.82 However, a person holding an IA
may only exercise the privileges of an
IA if that person meets one of the
annual activity requirements for each
year of the two-year IA renewal period
under § 65.93. The annual activity
requirements prescribed in § 65.93(a)
are: (1) Perform at least one annual
inspection for each ninety days that the
applicant held the current authority; (2)
perform at least two major repairs or
major alterations for each ninety days
the applicant held the current authority;
(3) perform or supervise and approve at
least one progressive inspection; (4)
complete an IA refresher course; or (5)
pass an oral test by the FAA.
As a result of the COVID–19 outbreak,
general aviation flight hours have
declined dramatically, causing a
reduction in aircraft maintenance. In
some localities, many aircraft
maintenance facilities are closed. The
closure of these facilities could make
the IA renewal option of conducting
major repair and alterations, annual
inspections, and progressive inspections
extremely difficult to accomplish. In
addition, a majority of FAA-sponsored
IA renewal seminars, which are
typically held in-person at local FAA
offices, were cancelled in March 2020.
Finally, in person staffing at Flight
Standards offices has been reduced with
a majority of the employees teleworking,
which has made the oral testing option
more challenging. The only remaining
option was to complete an IA refresher
course online. Due to the confusion and
uncertainty surrounding the COVID–19
outbreak, many mechanics may have
been caught off-guard and without a
plan to meet their annual requirement.
If an IA holder was unable to meet the
annual activity requirement for the
2019/2020 calendar year, he or she
would not be eligible to renew in March
of 2021, and the only option to regain
the authorization would be by retaking
and passing the FAA written test and an
oral test.
The FAA has decided, under the
extraordinary circumstances of the
81 See 14 CFR 65.95(a) (containing inspection
authorization privileges and limitations) and 43.7(b)
(specifying persons authorized to approve aircraft,
airframes, aircraft engines, propellers, appliances,
or component parts for return to service after
maintenance, preventive maintenance, rebuilding,
or alteration).
82 The next IA renewal is in March 2021. An IA
must provide evidence of activity for the even year
(April 2019–March 2020 and the odd year (April
2020–March 2021) in order to renew in March 2021.
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COVID–19 outbreak, to provide relief for
IA holders that were unable to meet the
first year (even-numbered year) renewal
requirements by March 2020 as
prescribed in § 65.93. The extension
provides an IA holder an additional
three months (April–June 2020) to
complete one of the listed activities in
accordance with § 65.93(a)(1) through
(5) to meet the first year renewal
requirements. Consistent with the
prohibition in § 65.93(c), an IA holder
who has not met one of the five
activities in § 65.93(a)(1) through (5) by
June 30, 2020, may not exercise IA
privileges after June 30, 2020. A person
who has completed one of the listed
activities in accordance with
§ 65.93(a)(1) through (5) by June 30,
2020, will be considered to have
completed it by March 31, 2020, (first
year of 2-year IA period) for the
purposes of determining compliance
with the renewal requirements of
§ 65.93(a).
The FAA emphasizes, however, that
an activity performed between April
and June 2020 to satisfy the first year
renewal requirements under this SFAR
cannot also be used to meet the year two
renewal requirements. An IA holder is
still required to complete one of the five
activities specified in § 65.93(a)(1)
through (5) by March 31, 2021 to satisfy
the renewal requirements for the second
year of the two-year period. The
requirements in § 65.93(a)(1) and (2),
which require the activity to be
performed ‘‘each 90 days,’’ do not mean
the requirement must be completed
each quarter. The requirement only sets
the number of activities that an
applicant must perform during the
renewal period (since an applicant may
not have held their rating for an entire
year). Accordingly, these activities
could be performed at any point during
the renewal period.83 For this reason,
the FAA has determined it is
unnecessary to provide relief to
individuals who are unable to meet
these activities during the COVID–19
outbreak in the second-year renewal
period because they are still able to
comply with the requirements
thereafter.
d. Military Riggers or Former Military
Riggers: Special Certification Rule
(§ 65.117)
Parachute riggers provide a vital
service to the parachuting industry to
include firefighting smoke jumpers and
other operations. Former military
83 Legal Interpretation to Mr. Rhein (Mar. 17,
1995) at: https://www.faa.gov/about/office_org/
headquarters_offices/agc/practice_areas/
regulations/interpretations/
?year=all&q=Rhein&bSubmit=Search.
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parachute riggers are essential to these
operations. A special certification has
been granted to military or former
military parachute rigger applicants for
a senior parachute rigger certificate
under § 65.117. A military applicant is
required to pass a written test, present
evidence of current or past military
experience within the previous twelve
months where he or she has served as
a parachute rigger in the military,84 and
have the experience packing parachutes
as prescribed in § 65.115(a).85
Reduced staffing at Flight Standards
offices, public health guidelines for
social distancing, and travel restrictions
in some localities significantly diminish
a former military parachute rigger’s
ability to apply for a senior parachute
rigger certificate within the prescribed
twelve-month requirement under
§ 65.117. As a result, under the
extraordinary circumstances of the
COVID–19 outbreak, the FAA is
extending the period for former military
parachute riggers to apply for a senior
parachute rigger certificate by three
months. Eligible persons are those
former members or former civilian
employees of an Armed Force of the
United States or former civilian
employees of a regular armed force of a
foreign country who were honorably
discharged or released beginning in
March 2019 through June 2019.86 The
extension provides these applicants a
total time of fifteen months to submit
their application to the responsible
Flight Standards office. The applicant
must meet all applicable requirements
prior to application within the extended
deadline.
5. Part 141
a. Requirements for a Pilot School
Certificate (§ 141.5)
An applicant for a pilot school
certificate must meet the requirements
of § 141.5 within the preceding 24
calendar months before the date that
application is made for that pilot school
84 Section 65.117(a) states the military applicant
must be a member or civilian employee of an
Armed Force of the United States, or is a civilian
employee of a regular armed force of a foreign
country, or has, within the 12 months before he or
she applies, been honorably discharged or released;
is serving, or has served within the 12 months
before he or she applies, as a parachute rigger for
such an Armed Force.
85 Section 65.115(a) requires the applicant to
present evidence that he has packed at least 20
parachutes of each type for which he seeks a rating,
in accordance with the manufacturer’s instructions
and under the supervision of a certificated
parachute rigger holding a rating for that type or a
person holding an appropriate military rating.
86 If a military parachute rigger was released in
May 2019, that person will now have until August
2020 to apply for a senior parachute rigger
certificate.
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certificate. As part of the provisional
pilot school approval process, the FAA
is required to inspect training
equipment, inspect training facilities,
and approve training course outlines
and their associated syllabi, and
additionally all chief instructors and
assistant chief instructors are required
to have a proficiency test performed by
an FAA Aviation Safety Inspector to
ensure § 141.5(c) is met. Paragraphs (d)
and (e) require the school to have an 80
percent pass rate of its applicants for
practical tests and ratings, and the
school must have graduated at least ten
different people from the school’s
approved training courses. If a
provisional pilot school does not meet
the requirements of § 141.5(d) and (e),
its provisional status cannot be renewed
and the school must cease operations.87
Many areas throughout the U.S. are
under stay-at-home advisories, which
prevent flight training activities, and
many colleges and universities with
aviation programs have cancelled
classes for the remainder of the
academic year. The inability for pilot
schools and provisional pilot schools to
graduate students from their programs
jeopardizes their ability within the 24
calendar month timeframe to meet the
80 percent pass rate of their applicants
for knowledge tests, practical tests, and
end-of-course tests for special
curriculum courses and courses
approved under appendix K of part 141,
and graduate at least ten different
people from the school’s approved
training courses. Therefore, under the
extraordinary circumstances of the
COVID–19 outbreak, the FAA is
providing provisional pilot schools 88
whose 24 calendar-month window
expires in April through June 2020,
until December 31, 2020, to meet
§ 141.5(d) and (e), subject to the
following conditions for provisional
pilot schools taking advantage of this
relief:
(1) Each part 141 provisional pilot
school must notify its responsible Flight
Standards office that it is applying for
87 Currently there are 32 provisional pilots
schools with three provisional pilot schools that are
Institutions of Higher Education (IHE), as defined
by the Department of Education in 34 Code of
Federal Regulation (CFR) 600.4. The IHEs provide
semester credit hours of aviation and aviationrelated coursework that have been recognized by
the Administrator as coursework designed to
improve and enhance the knowledge and skills of
a person seeking a career as a professional pilot.
Currently there are 125 part 141 pilot schools that
hold an air agency certificate. Out of these 125 pilot
schools, there are 45 associated with IHEs. There
are 67 pilot school and provisional pilot school
certificates with an expiration date between April
and June 2020.
88 Pilot school certificate renewals are addressed
in B.5.b.
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a pilot school certificate in accordance
with this SFAR.
(2) In this notification, the part 141
provisional pilot school must submit an
acceptable plan that explains the
method to meet the requirements of
§ 141.5(d) and (e), which includes
ensuring each instructor used for
ground or flight training is current and
proficient and evaluating students to
determine if they are assigned to the
proper stage of the training course and
if additional training is necessary.
b. Renewal of Certificates and Ratings
(§ 141.27)
Section 141.27 requires all part 141
schools to renew their pilot school
certificates every 24 calendar months. A
provisional pilot school, in accordance
with paragraph (b), must obtain a pilot
school certificate by the end of the 24
months since the date of the issuance of
its pilot school certificate. Otherwise, its
pilot school certificate expires. Should
it expire, the provisional pilot school
cannot apply for another provisional
pilot school certificate for 180 days.
Section 141.27 also requires a pilot
school to comply with training ability
and quality standards established in
§ 141.5—that is, the pass rate of its
applicants for practical tests and the
number of graduates as described in
B.5.a.
During the COVID–19 outbreak, many
part 141 schools have ceased flight
operations for their students. Some
schools are utilizing online classroom
instruction for the ground content of a
course. However, not all part 141
schools may be capable of providing
ground instruction online. The FAA has
determined, under the extraordinary
circumstances of the COVID–19
outbreak, that it is appropriate to allow
pilot schools additional time to meet the
requirements of § 141.5.
Pilot school certificates with an
expiration date of April 2020 89 through
June 2020, are extended to December 31,
2020, subject to the following
conditions for pilot schools taking
advantage of this relief:
(1) Each part 141 pilot school must
notify its responsible Flight Standards
office that it will renew its pilot school
certificate in accordance with this
SFAR.
(2) In this notification, the part 141
pilot school must submit an acceptable
plan that explains the method to regain
currency that includes ensuring each
instructor used for ground or flight
training is current and proficient and
89 Because all part 141 pilot schools that were due
to renew in March 2020 were able to do so, relief
for March 2020 is not necessary.
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evaluating students to determine if they
are assigned to the proper stage of the
training course and if additional
training is necessary.
C. Other Relief for Special Flight Permits
(§ 21.197)
Section 21.197(c) states in part, ‘‘. . .
a special flight permit with a continuing
authorization may be issued for aircraft
that may not meet applicable
airworthiness requirements, but are
capable of safe flight for the purpose of
flying aircraft to a base where
maintenance or alterations are to be
performed . . .’’
Due to the COVID–19 outbreak and
restrictions on flights, airlines have
significantly reduced capacity in the
National Airspace System (NAS). As
domestic airlines work to find space to
park much of their fleets, airport
operators are working to find locations
to support temporary overflow aircraft.
Because extensive overflow parking
presents an extraordinarily unusual
operational environment and may
adversely affect safety, it is helpful
during this time for operators to have
the ability to ferry aircraft to different
points of storage.
Relief for § 21.197(c) is necessary to
allow certificate holders or operators,
authorized to conduct operations under
part 119 or under subpart K of part 91,
to ferry aircraft that may not meet all
airworthiness requirements, but are
capable of safe flight, to a point of
storage.
In order to fly an aircraft that may not
meet applicable airworthiness
requirements but is capable of safe flight
to a point of storage, a special flight
permit must be issued under
§ 21.197(a)(1) for each affected aircraft.
The number of aircraft that are and
may become affected due to personnel
and logistical issues resulting from the
COVID–19 outbreak will place a
significant burden on certificate holders
and operators as well as the responsible
FAA Flight Standards offices that
oversee them. Further, issuance of
individual special flight permits by the
FAA in a timely manner may not be
feasible.
Under the extraordinary
circumstances presented by the COVID–
19 outbreak, the FAA will allow a
special flight permit with continuing
authorization to be issued for the
purpose of flying the aircraft to a point
of storage through December 31, 2020.
By allowing these permits to be issued
with continuing authorization through
December, a majority of operators will
have the opportunity to move the bulk
of their aircraft to a point of storage. The
FAA expects the volume of aircraft that
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require movement to storage to return to
a manageable level in 2021. Therefore,
certificate or management specification
holders that have a special flight permit
with continuing authorization to
conduct a ferry flight program may
include the purpose of flying the aircraft
to a point of storage in their program. To
provide an acceptable level of safety, the
certificate holder exercising this
privilege must notify the responsible
Flight Standards office each time the
certificate holder uses it.
IV. Regulatory Notices and Analyses
Changes to Federal regulations must
undergo several analyses. First,
Executive Orders 12866 and 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),
as codified in 5 U.S.C. 603 et seq.,
requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act of 1979 (Pub. L. 96–39),
as codified in 19 U.S.C. Chapter 13,
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. In developing U.S.
standards, the Trade Agreements 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), as codified in 2 U.S.C. Chapter
25, 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).
The FAA also analyzes this regulation
under the Paperwork Reduction Act.
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this final rule.
In conducting these analyses, the FAA
has determined this rule is not a
significant regulatory action, as defined
in section 3(f) of Executive Order 12866.
As notice and comment under 5 U.S.C.
553 are not required for this final rule,
the regulatory flexibility analyses
described in 5 U.S.C. 603 and 604
regarding impacts on small entities are
not required. This rule will not create
unnecessary obstacles to the foreign
commerce of the United States. This
rule will not impose an unfunded
mandate on State, local, or tribal
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16:47 May 01, 2020
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governments, or on the private sector,
by exceeding the threshold identified
previously. In order to take advantage of
the relief from this SFAR, this rule will
result in a one-time collection of
information for affected operators and
pilot schools to submit plans to mitigate
safety risks and ensure proficiencies.
A. Regulatory Evaluation
i. Safety and Regulatory Relief Benefits
The provisions in this final rule
provide temporary relief to persons who
are unable to meet certain requirements
during the COVID–19 outbreak and
prevents persons from encountering
situations that would unnecessarily
increase the risk of transmission of the
virus through personal contact. Without
this final rule, certain pilots who
perform critical operations would not be
able to continue flying due to their
inability to satisfy certain training,
recency, testing and checking
requirements, or would attempt to
satisfy requirements by means contrary
to the national social distancing
guidelines to avoid economic burdens
resulting from non-compliance with
FAA regulations. Providing
accommodation for such pilots is
especially important, as because of the
COVID–19 outbreak, essential
operations are likely to face disruption
due to a decreased supply of pilots,
including pilots who may need to selfquarantine due to exposure to the virus
or because they are among the
population that the Centers for Disease
Control and Prevention (CDC) has
identified as high risk. Additionally,
each month, a new group of pilots will
be unavailable to perform essential
operations because they cannot comply
with certain training, recency, testing, or
checking requirements during the
course of the outbreak. To ensure the
continuity of essential operations during
the COVID–19 outbreak, this SFAR
provides relief to certain individuals
whose qualifications would otherwise
lapse, thereby supporting the
availability of qualified pilots to
conduct essential operations. This relief
allows operators to continue to use
pilots and other crewmembers in
support of essential operations.90
Additionally, this relief applies to
some operations conducted by pilots
exercising private pilot privileges,
provided the pilot has at least 500 hours
of total time as a pilot of which 400
hours is as PIC with 50 of the PIC hours
90 This rule also allows certain air carriers and
operators to fly temporary overflow aircraft, a need
resulting from the COVID–19 outbreak, to a point
of storage pursuant to a special flight permit with
a continuing authorization.
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26341
accrued in the last twelve calendar
months. As previously discussed, the
kinds of operations permitted include,
but are not limited to, flights to
transport essential goods and/or medical
supplies to support public health needs.
This SFAR also extends to pilots
conducting charitable medical flights for
a volunteer pilot organization pursuant
to an exemption issued under part 11,
provided the pilots continue to comply
with the conditions and limitations of
the exemption.
This rule also provides relief for U.S.
military and civilian personnel assigned
outside the United States in support of
U.S. Armed Forces Operations. It allows
the FAA Flight Standards offices to
accept expired flight instructor
certificates and inspection
authorizations for renewals and expired
airman written test reports for certain
practical tests. This avoids penalizing
U.S. personnel who are unable to meet
the regulatory time limits of their flight
instructor certificates, inspection
authorizations, or airman written test
reports because they are serving outside
the United States in support of U.S.
Armed Forces operations when they
expire, giving affected U.S. personnel
extra time to meet certain eligibility
requirements in the current rules.
In addition to pilots, this rule
provides temporary relief to other
persons such as flight attendant
crewmembers, aircraft dispatchers,
flight engineers, mechanics, flight
instructors, ground instructors, and
schools. This relief extends to flight
attendant crewmembers, check pilots,
and flight instructors under subpart K of
part 91, and part 125. Finally, this relief
applies to operations conducted under
part 107 by a person who holds a remote
pilot certificate issued under part 107.
ii. Costs To Utilize Relief
This SFAR will result in small costs
for affected operators and pilot schools
to notify the FAA and submit plans to
mitigate safety risks and ensure
proficiencies. In order to utilize the
relief provided by this SFAR, an
affected certificate holder or A125
LODA holder must provide a plan to its
assigned FAA principal operations
inspector. The plan is to contain a safety
analysis and corresponding risk
mitigations and methods to ensure that
each crewmember remains adequately
tested and currently proficient for each
aircraft, duty position, and type of
operation in which the person serves.
Similarly, part 91 management
specifications holders must also
conduct a safety analysis and provide
appropriate mitigations in a plan to
their FAA principal inspector that
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addresses potential risks introduced by
extending crewmember, check pilot,
and flight instructor qualifications,
training, and checking. The plan must
ensure crewmembers remain adequately
trained and currently proficient for each
aircraft, crewmember position, and type
of operation in which the crewmember
serves.
In addition, pilot schools or
provisional pilot schools taking
advantage of this relief will incur small
costs to notify their responsible Flight
Standards offices that they will renew
certificates in accordance with this
SFAR and submit a plan that explains
the methods to regain currency and to
ensure the training of their instructors
and students is current and proficient.
The FAA expects these plans to
contain existing information maintained
by affected operators and pilot schools.
The FAA does not expect these plans to
be burdensome.
Therefore, the FAA expects the
benefits of this action exceed the costs
since it provides immediate relief to
enable operators to continue to use
pilots and other crewmembers in
support of essential operations. As a
result, this SFAR will reduce disruption
to the continuity of essential services in
response to the COVID–19 outbreak.
This SFAR also provides immediate
relief from certain duration and renewal
requirements to reduce unnecessary risk
of exposure and to assure persons that
they will not endure economic burdens
due to non-compliance with certain
regulations.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
in 5 U.S.C. 603, requires an agency to
prepare an initial regulatory flexibility
analysis describing impacts on small
entities whenever an agency is required
by 5 U.S.C. 553, or any other law, to
publish a general notice of proposed
rulemaking for any proposed rule.
Similarly, 5 U.S.C. 604 requires an
agency to prepare a final regulatory
flexibility analysis when an agency
issues a final rule under 5 U.S.C. 553,
after being required by that section or
any other law to publish a general
notice of proposed rulemaking. The
FAA found good cause to forgo notice
and comment and any delay in the
effective date for this rule. As notice and
comment under 5 U.S.C. 553 are not
required in this situation, the regulatory
flexibility analyses described in 5 U.S.C.
603 and 604 are not required.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39) prohibits Federal
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agencies from establishing standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to this Act, 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 its purpose has a legitimate
domestic objective to promote the
continuity and safety of U.S. civil
aviation from risks of the COVID–19
outbreak while supporting essential
services necessary to fight the outbreak.
Therefore, the FAA has determined this
final rule complies with the Trade
Agreements Act of 1979.
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 $155
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.
As previously discussed, in order to
utilize the temporary relief provided by
this SFAR, an affected certificate holder
or A125 LODA holder must provide a
plan to its assigned FAA principal
operations inspector. The plan is to
contain a safety analysis and
corresponding risk mitigations and
methods to ensure that each
crewmember remains adequately tested
and currently proficient for each
aircraft, duty position, and type of
operation in which the person serves.
Part 91 management specifications
holders must also conduct a safety
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Sfmt 4700
analysis and provide appropriate
mitigations in an acceptable plan to
their FAA principal inspector that
addresses potential risks introduced by
extending crewmember, check pilot,
and flight instructor qualifications,
training, and checking. The plan must
ensure crewmembers remain adequately
trained and currently proficient for each
aircraft, crewmember position, and type
of operation in which the crewmember
serves.
The FAA estimates that of the 69 part
125 certificate holders and A125 LODA
holders, all would avail themselves of
the relief provided by this SFAR, and
therefore would be required to provide
mitigation plans to their assigned
principal operations inspector. The FAA
further estimates that each respondent
would spend two hours preparing and
submitting its plan, for a total of 138
hours. The FAA believes the additional
paperwork burden would be borne by
the director of operations. At $51 per
hour multiplied by 138 total hours, the
FAA estimates the total burden to part
125 certificate holders and A125 LODA
holders to be $7,038.91
In addition, each pilot school or
provisional pilot school taking
advantage of this relief must notify its
responsible Flight Standards office that
it will renew its pilot school certificate,
or seek a pilot school certificate if
currently a provisional pilot school
certificate holder, in accordance with
this SFAR. Each pilot school or
provisional pilot school must submit a
plan that includes an explanation of the
methods to regain currency and to
ensure its instructors are current and
proficient and how students will be
evaluated to determine if they are
assigned to the proper stage of the
training course and if additional
training is necessary. The FAA
estimates that all 10 provisional pilot
schools and 57 pilot schools would
request this relief, and would therefore
be required to submit a plan to their
responsible Flight Standards offices.
The FAA further estimates that the
preparation and submission of these
plans would take one hour, for a total
of 67 hours. The FAA believes the chief
flight instructor will develop and
submit the plan. At $27 per hour
multiplied by 67 hours, the FAA
estimates the total burden to part 141
91 The FAA is using the BLS wage rate for
commercial pilots of $39.54 per hour (https://
www.bls.gov/ooh/transportation-and-materialmoving/airline-and-commercial-pilots.htm)
($82,240/2080 hours=$39.54) multiplied by a fringe
benefit multiplier of 29.9 percent (https://
www.bls.gov/news.release/ecec.nr0.htm) which
results in an hourly wage of $51.
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pilot schools and provisional pilot
schools to be $1,809.92
The combined burden, for both part
125 certificate holders and A125 LODA
holders and part 141 pilot schools and
provisional pilot schools is $7,038 +
$1,809 = $8,847.
The FAA estimates that it would
require an Aviation Safety Inspector
(ASI) one hour to review and analyze a
plan submitted by a part 125 certificate
holder or A125 LODA holder. With 69
part 125 certificate holders or A125
LODA holders estimated to submit a
plan multiplied by the hourly wage of
a GS–13 FAA ASI, the resulting burden
to the FAA is estimated to be $6,860 (69
responses × 1 hour × $99.42 = $6,860).93
The FAA estimates that it would
require an ASI 30 minutes to review and
accept a plan submitted by a part 141
pilot school or provisional pilot school
certificate holder and place it in the
school’s file. With 67 total pilot schools
and provisional pilot schools estimated
to submit a plan multiplied by the
hourly wage of a GS–13 FAA ASI, the
resulting burden to the FAA is
estimated to be $3,331 (67 responses ×
0.5 hours × $99.42 = $3,331).
The combined burden to the FAA is
therefore $6,860 + 3,331 = $10,191.
As provided under 5 CFR 1320.13,
Emergency Processing, DOT is
requesting emergency processing for
this temporary collection of information
as specified in the Paperwork Reduction
Act and its implementing regulations.
DOT cannot reasonably comply with
normal clearance procedures because
the information is necessary to provide
temporary relief to persons who have
been unable to meet certain
requirements during the COVID–19
outbreak. Without this information,
certain individuals will not be able to
92 The FAA uses a flight instructor hourly wage
of $20.54 multiplied by a fringe benefit multiplier
of 29.9 percent, which results in a wage of
approximately $27 per hour. This information is
derived from the Bureau of Labor Statistics,
Education, Training, and Library Occupations (code
25–0000) in the Nonscheduled Air Transportation
Industry (NAICS 481200), and is assumed to be
representative of flight instructor and representative
occupations. https://www.bls.gov/oes/current/
naics4_481200.htm
93 The FAA assumes a mid-grade GS–13 salary,
Rest of USA locality. Annual salary is $103,396
(https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2020/
RUS.pdf) divided by 2,080 hours for an hourly rate
of $49.70. The FAA uses a fringe benefits and
overhead cost, for FAA employees, of 100%, which
results in a fully loaded wage of $99.42 per hour.
The U.S. Department of Health and Human
Services, ‘‘Guidelines for Regulatory Impact
Analysis’’ (2016), on page 30, HHS states, ‘‘As an
interim default, while HHS conducts more research,
analysts should assume overhead costs (including
benefits) are equal to 100 percent of pretax wages
. . .’’ (https://aspe.hhs.gov/system/files/pdf/
242926/HHS_RIAGuidance.pdf).
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continue exercising privileges in
support of essential operations due to
their inability to satisfy certain training,
recent experience, testing, and checking
requirements. Additionally, other
individuals may—to the extent possible
given closures—attempt to satisfy
requirements contrary to the national
social distancing guidelines solely to
avoid economic burdens resulting from
non-compliance with FAA regulations.
The use of normal clearance procedures
will result in increased economic
burden, disruption to critical aviation
operations, and increased risk of
exposure during this public health
emergency. Due to the pressing
considerations associated with the
COVID–19 outbreak, it is not practicable
to afford ninety days of public comment
on this collection of information.
Therefore, FAA is requesting OMB
approval of this temporary collection of
information upon the date that this
SFAR is placed on public inspection at
the Federal Register. Upon OMB
approval of its Emergency clearance
request, FAA will follow the normal
clearance procedures for the
information collection associated with
this SFAR.
F. International Compatibility
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 (SARPs) to the
maximum extent practicable. On April
3, 2020, ICAO issued a State Letter (AN
11/55–20/50) to address operational
measures States are taking to ensure safe
operations during the COVID–19
outbreak. ICAO recognized the varying
needs of the States to provide relief and
encouraged States to be flexible in their
approaches for relief while also
adhering to their obligations under the
Convention on International Civil
Aviation. During this period of relief,
ICAO is paying particular attention to
the SARPs related to certificates and
licenses. ICAO has established a process
for States to file temporary differences
through a COVID–19 ContingencyRelated Differences (CCRDs) sub-system,
which is accessible through ICAO’s
Continuous Monitoring Approach
(CMA) Online Framework of Electronic
Filing of Differences (EFOD) dashboard
that States use normally to file
differences related to the Annexes.
When States are submitting their
differences, ICAO is requiring the State
also to indicate whether or not it will
recognize the differences of other States.
FAA has already filed temporary
differences with some of the relief it has
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26343
given through exemptions under 14 CFR
part 11 and has indicated it will
recognize other States’ differences
unless the FAA deems safety is being
compromised. ICAO tentatively plans to
maintain the CCRD sub-system through
March 31, 2021.
The FAA has reviewed the
corresponding ICAO SARPs and has
identified the following differences with
these proposed regulations. In Annex 1,
section 1.2.4.4.1, a medical assessment
can be extended at the FAA’s discretion
up to 45 days. With this final rule, the
FAA is extending the validity period up
to three calendar months for pilots with
expiring medicals between March 2020
and May 2020. As a result, the FAA will
file a temporary difference with ICAO.
In Annex 6, Part 2, Section 3.9.4.2, a
PIC is required to have made three
takeoffs and landings within the
preceding ninety days on the same type
of airplane or in a flight simulator prior
to serving as a PIC in that airplane. With
this final rule, the FAA is extending the
look-back period by sixty days for PICs
conducting operations under part 91,
subpart N, and part 125 operations. As
a result, the FAA will file a temporary
difference with ICAO.
In Annex 6, Part 2, Section 3.9.4.3, an
SIC is required to have made three
takeoffs and landings within the
preceding ninety days on the same type
of airplane or in a flight simulator prior
to serving as a SIC in that airplane. With
this final rule, the FAA is extending the
look-back period by sixty days for SICs
conducting operations under part 91,
subpart N, and part 125 operations. As
a result, the FAA will file a temporary
difference with ICAO.
Certificate holders or operators may
dispatch or release flights and pilots and
crewmembers may operate outside of
the United States under this SFAR,
unless otherwise prohibited by a foreign
country. For international operations
where pilots and crewmembers will
exercise the relief identified here, they
must have access to this SFAR when
outside the United States. In accordance
with the Convention on International
Civil Aviation (Chicago Convention),
and its Annexes, pilots and
crewmembers must present a copy of
this SFAR for inspection upon request
by a foreign civil aviation authority.
V. Executive Order Determinations
A. Executive Order 12114,
Environmental Effects Abroad of Major
Federal Actions
The FAA has analyzed this action
under Executive Order 12114,
Environmental Effects Abroad of Major
Federal Actions (44 FR 1957, January 4,
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1979), and DOT Order 5610.1C,
Paragraph 16. Executive Order 12114
requires the FAA to be informed of
environmental considerations and take
those considerations into account when
making decisions on major Federal
actions that could have environmental
impacts anywhere beyond the borders of
the United States. The FAA has
determined that this action is exempt
pursuant to Section 2–5(a)(i) of
Executive Order 12114 because it does
not have the potential for a significant
effect on the environment outside the
United States.
In accordance with FAA Order
1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8–
6(c), FAA has prepared a memorandum
for the record stating the reason(s) for
this determination and has placed it in
the docket for this rulemaking.
B. 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
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.
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C. 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.
D. Executive Order 13609, Promoting
International Regulatory Cooperation
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. As described in Section
IV. F., International Compatibility, the
FAA is working with ICAO and other
foreign CAAs on the kind of relief
provided by this SFAR. 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
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international regulatory cooperation.
The provisions in this final rule provide
temporary relief to persons who are
unable to meet certain requirements
during the COVID–19 outbreak and
prevents persons from encountering
situations that would unnecessarily
increase the risk of transmission of the
virus through personal contact.
F. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
VI. How To Obtain Additional
Information
A. Availability of Rulemaking
Documents
An electronic copy of a rulemaking
document my 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.govinfo.gov/.
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) 267–9677.
B. 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, visit https://www.faa.gov/
regulations_policies/rulemaking/sbre_
act/.
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Exports,
Imports, Reporting and recordkeeping
requirements.
14 CFR Part 61
Aircraft, Airmen, Aviation safety,
Reporting and recordkeeping
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Fmt 4700
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requirements, Security measures,
Teachers.
14 CFR Part 63
Aircraft, Airman, Aviation safety,
Navigation (air), Reporting and
recordkeeping requirements, Security
measures.
14 CFR Part 65
Air traffic controllers, Aircraft,
Airmen, Airports, Aviation safety,
Reporting and recordkeeping
requirements, Security measures.
14 CFR Part 91
Air carrier, Air taxis, Air traffic
control, Aircraft, Airmen, Airports,
Aviation safety, Charter flights, Freight,
Reporting and recordkeeping
requirements, Transportation.
14 CFR Part 107
Aircraft, Airmen, Aviation safety,
Reporting and recordkeeping
requirements, Security measures, Signs
and symbols.
14 CFR Part 125
Aircraft, Airmen, Aviation safety,
Reporting and recordkeeping
requirements.
14 CFR Part 141
Airmen, Educational facilities,
Reporting and recordkeeping
requirements, Schools.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations, as follows:
PART 21—CERTIFICATION
PROCEDURES FOR PRODUCTS AND
ARTICLES
1. The authority citation for part 21
continues to read as follows:
■
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f),
106(g), 40105, 40113, 44701–44702, 44704,
44707, 44709, 44711, 44713, 44715, 45303.
2. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 21 to
read as follows:
■
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
For the text of SFAR No. 118, see part
61 of this chapter.
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
3. The authority citation for part 61
continues to read as follows:
■
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Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
44903, 45102–45103, 45301–45302; Sec.
2307 Pub. L. 114–190, 130 Stat. 615 (49
U.S.C. 44703 note).
4. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 61 to
read as follows:
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■
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
1. Applicability. This Special Federal
Aviation Regulation (SFAR) applies to—
(a) Certain persons who are unable to
meet the following requirements during
some period of time between March 1,
2020 and June 30, 2020—
(1) Training, recency, testing, and
checking requirements specified in this
part, parts 91, 107, and 125 of this
chapter, and SFAR No. 73 of this part;
and
(2) Duration and renewal
requirements specified in this part, parts
63, 65, and 141 of this chapter, and
SFAR No. 100–2 of this part; and
(b) Certain air carriers and operators
who are unable to obtain special flight
permits with a continuing authorization
under part 21 of this chapter for the
purpose of flying the aircraft to a point
of storage.
2. Training, recency, testing, and
checking requirements.
(a) Applicability. The relief provided
by paragraph 2 of this SFAR applies
to—
(1) Operations conducted for
compensation or hire under parts 91,
125, 133, and 137 of this chapter by
persons who are exercising the
privileges of at least a commercial pilot
certificate issued under this part;
(2) Operations conducted by persons
who are exercising the privileges of a
private pilot certificate issued under
this part, provided the person meets one
of the following paragraphs—
(i) The person is conducting a
charitable medical flight for a volunteer
pilot organization pursuant to an
exemption issued under part 11 of this
chapter, and the flight involves only the
carriage of persons considered essential
for the flight;
(ii) The person is conducting an
agricultural aircraft operation under a
private agricultural aircraft operating
certificate issued in accordance with
§ 137.19 of this chapter;
(iii) The person has at least 500 hours
of total time as a pilot, that includes at
least 400 hours as a pilot in command
and at least 50 hours that were accrued
within the preceding 12 calendar
months, and the person is conducting
one of the following operations
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consistent with the compensation or
hire prohibitions specified in § 61.113:
(A) A flight incidental to that person’s
business or employment;
(B) A flight in support of family
medical needs or to transport essential
goods for personal use;
(C) A flight necessary to fly an aircraft
to a location in order to meet a
requirement of this chapter; or
(D) A flight to transport essential
goods and medical supplies to support
public health needs;
(3) For operations conducted under
part 91, subpart K, and part 125 of this
chapter, persons who are serving as
flight attendant crewmembers, check
pilots, and flight instructors; and
(4) Operations conducted under part
107 of this chapter by a person who
holds a remote pilot certificate issued
under part 107 of this chapter.
(b) This Part.
(1) Second-in-command
qualifications of § 61.55.
(i) Notwithstanding the period
specified in § 61.55(c), a person who is
required to complete the second-incommand familiarization and currency
requirements under § 61.55(b)(1) and (2)
between March 1, 2020 and June 30,
2020 for purposes of maintaining
second-in-command privileges may
complete the requirements of
§ 61.55(b)(1) and (2) in the month before
or three months after the month in
which they are required, provided the
pilot meets the requirements of
paragraph 2.(b)(1)(ii) of this SFAR. A
pilot who meets the requirements of
§ 61.55(b)(1) and (2) within the period
prescribed by this paragraph 2.(b)(1)(i)
will be considered to have completed
the requirements in the month in which
they were due.
(ii) Qualification requirements. To
complete the requirements of
§ 61.55(b)(1) or (2) within the period
specified in paragraph 2.(b)(1)(i) of this
SFAR, the person—
(A) Must review and become familiar
with the following information for the
specific type of aircraft for which
second-in-command privileges are
sought—
(1) Operational procedures applicable
to the powerplant, equipment, and
systems;
(2) Performance specifications and
limitations;
(3) Normal, abnormal, and emergency
operating procedures;
(4) Flight manual; and
(5) Placards and markings; and
(B) Prior to serving as second-incommand, must have logged at least
three takeoffs and landings to a full stop
as the sole manipulator of the flight
controls within the 180 days preceding
the date of the flight.
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(2) Flight review requirements of
§ 61.56. A person who has not
completed a flight review within the
previous 24 calendar months in
accordance with § 61.56 may continue
to act as pilot in command of an aircraft,
provided the following requirements are
met—
(i) Airmen requirements. The person
was current to act as pilot in command
of an aircraft in March 2020 and, to
maintain currency, is required to
complete a flight review under § 61.56
between March 1, 2020 and June 30,
2020.
(ii) Qualification requirements. To act
as pilot in command of an aircraft
during the period specified in paragraph
2(b)(2)(iii) of this SFAR, the person
must have—
(A) Within the 12 calendar months
preceding the month in which the flight
review is due, logged at least 10 hours
of flight time as pilot in command in an
aircraft for which that pilot is rated; and
(B) Since January 1, 2020 and
preceding the date of flight, completed
online Wings courses for pilots from the
FAA Safety Team website, available at
https://www.faasafety.gov. The online
training courses must total at least 3
Wings credits.
(iii) Grace period. The person may act
as pilot in command of an aircraft for a
duration of three calendar months from
the month in which the flight review
was due. Before acting as pilot in
command of an aircraft in the fourth
month after the month in which the
flight review was due, the person must
satisfactorily complete a flight review in
accordance with § 61.56.
(3) Instrument experience
requirements of § 61.57. A person who
has not performed and logged the tasks
required by § 61.57(c)(1) within the 6
calendar months preceding the month of
the flight may continue to act as pilot in
command under IFR or in weather
conditions less than the minimums
prescribed for VFR, provided the
following requirements are met—
(i) Qualification requirements. The
person has—
(A) Within the 6 calendar months
preceding the month of the flight,
performed and logged at least three
instrument approaches in actual
weather conditions, or under simulated
conditions using a view-limiting device;
and
(B) Within the 9 calendar months
preceding the month of the flight,
performed and logged the tasks required
by § 61.57(c)(1).
(ii) Grace period. Between April 30,
2020 and June 30, 2020, a person who
meets the qualification requirements of
paragraph 2.(b)(3)(i) of this SFAR may
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act as pilot in command under IFR or in
weather conditions less than the
minimums prescribed for VFR.
(iii) Instrument currency after June 30,
2020. Before acting as pilot in command
under IFR or in weather conditions less
than the minimums prescribed for VFR
after June 30, 2020, the person must
comply with § 61.57(c).
(4) Pilot in command proficiency
check requirements of § 61.58.
(i) Notwithstanding the period
specified in § 61.58(i), a pilot who is
required to take a pilot in command
proficiency check under § 61.58(a)(1) or
(2) between March 1, 2020 and June 30,
2020 for purposes of maintaining pilot
in command privileges may complete
the check in the month before or three
months after the month in which it is
required, provided the pilot meets the
requirements of paragraph 2.(b)(4)(ii) of
this SFAR. A pilot who completes the
proficiency check within the period
prescribed by this paragraph 2.(b)(4)(i)
will be considered to have completed
the check in the month in which it was
required.
(ii) Qualification requirements. To
complete the pilot in command
proficiency check required by
§ 61.58(a)(1) or (2) within the period
specified in paragraph 2.(b)(4)(i) of this
SFAR, the person—
(A) Must meet the flight experience
requirements of § 61.57 that are
applicable to the operation to be
conducted; and
(B) Within the 3 calendar months
preceding the month of the flight, must
have reviewed the following
information for the specific type of
aircraft for which pilot in command
privileges are sought—
(1) Operational procedures applicable
to the powerplant, equipment, and
systems;
(2) Performance specifications and
limitations;
(3) Normal, abnormal, and emergency
operating procedures;
(4) Flight manual; and
(5) Placards and markings.
(5) Flight Crewmember Requirements
of Part 91, Subpart K, of this Chapter.
(i) Testing and checking requirements.
Notwithstanding the period specified in
§ 91.1071(a) of this chapter, a
crewmember who is required to take a
test or a flight check under § 91.1065(a),
§ 91.1065(b), § 91.1067, § 91.1069(a), or
§ 91.1069(b) of this chapter between
March 1, 2020 and June 30, 2020 for
purposes of maintaining qualification
may complete the test or check in the
month before or three months after the
month it is required, provided the
requirements of paragraph 2.(b)(5)(vi) of
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this SFAR are met. A crewmember who
completes a test or check in accordance
with this paragraph 2.(b)(5)(i) will be
considered to have completed the test or
check in the month in which it was
required.
(ii) Recurrent training requirements.
Notwithstanding the period specified in
§ 91.1073(b) of this chapter, a
crewmember who is required to
complete recurrent training under
§ 91.1099 or § 91.1107(c) of this chapter
between March 1, 2020 and June 30,
2020 for purposes of maintaining
qualification may complete that training
in the month before or three months
after the month in which it is required,
provided the requirements of paragraph
2.(b)(5)(vi) of this SFAR are met. A
crewmember who completes recurrent
training in accordance with this
paragraph 2.(b)(5)(ii) will be considered
to have completed the training in the
month in which it was required.
(iii) Instrument experience.
(A) Precision instrument approaches.
A pilot who has not satisfactorily
demonstrated the type of precision
instrument approach procedure to be
used within the previous six months in
accordance with § 91.1069(c) of this
chapter may continue to use that type of
approach procedure, provided the
following requirements are met—
(1) Airmen requirements. The person
was current under § 91.1069(c) of this
chapter to use that type of precision
instrument approach procedure in
March 2020, and is required to
demonstrate that type of precision
instrument approach procedure between
March 1, 2020 and June 30, 2020.
(2) Grace period. The person
satisfactorily demonstrates that type of
precision instrument approach
procedure within three months after the
month in which it was required.
(3) Safety mitigations. The
management specification holder
satisfies paragraph 2.(b)(5)(vi) of this
SFAR.
(B) Non-precision instrument
approaches. A pilot who has not
satisfactorily demonstrated either the
type of non-precision instrument
approach procedure to be used, or any
other two different types of nonprecision approach procedures, within
the previous six months in accordance
with § 91.1069(c) of this chapter may
continue to use that type of nonprecision instrument approach
procedure, provided the following
requirements are met—
(1) Airmen requirements. The person
was current under § 91.1069(c) of this
chapter to use that type of non-precision
instrument approach procedure in
March 2020, and is required to
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demonstrate that type of non-precision
instrument approach procedure, or any
other two different types of nonprecision instrument approach
procedures, between March 1, 2020 and
June 30, 2020.
(2) Grace period. The person
satisfactorily demonstrates that type of
non-precision instrument approach
procedure within three months after the
month in which it was required.
(3) Safety mitigations. The
management specification holder
satisfies paragraph 2.(b)(5)(vi) of this
SFAR.
(iv) Check pilot (simulator) and flight
instructor (simulator) requirements.
Notwithstanding the period specified in
§§ 91.1089(g) and 91.1091(g) of this
chapter, a check pilot (simulator) or
flight instructor (simulator) who is
required to complete the flight segments
or line-observation program under
§ 91.1089(f) or § 91.1091(f) of this
chapter between March 1, 2020 and
June 30, 2020 for purposes of
maintaining qualification may complete
the flight segments or line-observation
program requirements in the month
before or three months after the month
they are required, provided the
requirements of paragraph 2.(b)(5)(vi) of
this SFAR are met. A check pilot
(simulator) or flight instructor
(simulator) who completes the flight
segments or line-observation program
requirements in accordance with this
paragraph 2.(b)(5)(iv) will be considered
to have completed the requirements in
the month in which they were due.
(v) Check pilot and flight instructor
observation check requirements.
Notwithstanding the period specified in
§§ 91.1093(b) and 91.1095(b) of this
chapter, a check pilot or flight instructor
who is required to complete an
observation check under § 91.1093(a)(2)
or § 91.1095(a)(2) of this chapter
between March 1, 2020 and June 30,
2020 for purposes of maintaining
qualification may complete the
observation check in the month before
or three months after the month it is
required, provided the requirements of
paragraph 2.(b)(5)(vi) of this SFAR are
met. A check pilot or flight instructor
who completes an observation check in
accordance with this paragraph
2.(b)(5)(v) will be considered to have
completed the check in the month in
which it was due.
(vi) Safety mitigations. The
management specification holder must
provide an acceptable plan to the
responsible Flight Standards office that
contains the following information—
(A) A safety analysis and
corresponding risk mitigations to be
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implemented by the management
specification holder; and
(B) The method the management
specification holder will use to ensure
that each crewmember complying with
paragraph 2.(b)(5) of this SFAR remains
adequately tested and currently
proficient for each aircraft, duty
position, and type of operation in which
the person serves.
(6) Mitsubishi MU–2B Series Special
Training, Experience, and Operating
Requirements of Part 91, Subpart N, of
this Chapter.
(i) Recurrent training.
Notwithstanding the period specified in
§ 91.1705(e) of this chapter, a person
who is required to complete recurrent
training under § 91.1703(e) of this
chapter between March 1, 2020 and
June 30, 2020 for purposes of complying
with § 91.1705(a) and (b) may complete
the recurrent training in the month
before or three months after the month
the recurrent training is required,
provided the requirements of paragraph
2.(b)(6)(iii) of this SFAR are met. A
person who completes the recurrent
training in accordance with this
paragraph 2.(b)(6)(i) will be considered
to have completed the training in the
month it was required.
(ii) Flight review. A person who has
not completed a flight review in
accordance with §§ 61.56 and 91.1715(c)
of this chapter in a Mitsubishi MU–2B
series airplane or an MU–2B Simulator
approved for landings with an approved
course conducted under part 142 of this
chapter may continue to act as pilot in
command of a Mitsubishi MU–2B series
airplane, providing the following
requirements are met—
(A) Airmen requirements. The person
was—
(1) Current to act as pilot in command
of a Mitsubishi MU–2B series airplane
in March 2020 and, to maintain
currency, is required to complete a
flight review in a Mitsubishi MU–2B
series airplane between March 1, 2020
and June 30, 2020; and
(2) The requirements of paragraph
2.(b)(6)(iii) of this SFAR are met.
(B) Grace period. The person may act
as pilot in command of a Mitsubishi
MU–2B series airplane for a duration for
three calendar months from the month
in which the flight review was due.
Before acting as pilot in command of an
aircraft in the fourth month after the
month in which the flight review was
due, the person must satisfactorily
complete a flight review in accordance
with §§ 61.56 and 91.1715(c) of this
chapter in a Mitsubishi MU–2B series
airplane or an MU–2B Simulator
approved for landings with an approved
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course conducted under part 142 of this
chapter.
(iii) Qualification requirements. To
complete the recurrent training or flight
review during the grace period provided
under paragraph 2.(b)(6) of this SFAR,
the person must—
(A) Within the 12 calendar months
preceding the month the recurrent
training or flight review is due, have
logged at least 10 hours of flight time as
sole manipulator of the controls in an
MU–2B series airplane that includes at
least 3 hours of flight time in the 3
calendar months preceding the month
in which the recurrent training or flight
review is due;
(B) Since January 1, 2020, have
completed online Wings courses for
pilots from FAA Safety Team website,
available at https://www.faasafety.gov/.
The online training courses must total at
least 3 Wings credits; and
(C) Prior to manipulating the controls
of an MU–2B series airplane, have
completed three hours of self-study,
since January 1, 2020 and preceding the
date of the flight, on the following
subjects—
(1) The ground training curriculum
required by § 91.1705(h)(1) of this
chapter;
(2) The Special Emphasis Items listed
in the approved MU–2B training
program that the pilot last completed;
(3) The limitations, procedures,
aircraft performance, and MU–2B
Cockpit Checklist procedures applicable
to the MU–2B model to be flown, which
are contained in the flight training
curriculum required by § 91.1705(h)(2)
of this chapter; and
(4) The current general operating and
flight rules of part 91 of this chapter.
(7) Aeronautical Knowledge Recency
Requirements of § 107.65 of this
Chapter. A person who has not satisfied
the aeronautical knowledge recency
requirements of § 107.65(a) or (b) of this
chapter within the previous 24 calendar
months may operate a small unmanned
aircraft system under part 107 of this
chapter, provided that person meets the
following requirements—
(i) Airmen requirements. The person
was current to exercise the privileges of
a remote pilot certificate in March 2020
and, to maintain aeronautical currency,
is required to meet the aeronautical
recency requirements in § 107.65(a) or
(b) of this chapter between April 1, 2020
and June 30, 2020.
(ii) Qualification requirements. The
person must have completed an FAAdeveloped initial or recurrent online
training course, available at https://
www.faasafety.gov, covering the areas of
knowledge specified in § 107.74(a) or (b)
of this chapter. Each person is eligible
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to take an online training course
specified in this paragraph 2.(b)(7)(ii)
one time for the purpose of obtaining
the six calendar month grace period
specified in paragraph 2.(b)(7)(iii) of this
SFAR.
(iii) Grace period. The person may
operate a small unmanned aircraft
system under part 107 of this chapter for
a duration of six calendar months from
the month in which the person
completed the online training course
specified in paragraph 2.(b)(7)(ii) of this
SFAR. Before operating a small
unmanned aircraft system under part
107 in the seventh month after the
month in which the person completed
the online training course, the person
must satisfy § 107.65 of this chapter.
(8) Flight Crewmember Requirements
of Part 125 of this Chapter.
(i) Recent experience requirements. A
person who has not satisfied the recent
experience requirements of § 125.285(a)
of this chapter may be used by a
certificate holder (or holder of an A125
letter of deviation authority), and may
serve as a required pilot flight
crewmember, in operations conducted
under part 125 of this chapter, provided
the following requirements are met—
(A) Grace period. The person has
made at least three takeoffs and
landings, within the preceding 150
days, in the type of airplane in which
that person is to serve.
(B) Safety Mitigations. The certificate
holder complies with paragraph
2.(b)(8)(iii) of this SFAR.
(ii) Testing and checking
requirements. Notwithstanding the
period specified in § 125.293(a) of this
chapter, a crewmember who is required
to take a test or check under
§ 125.287(a), § 125.287(b), § 125.289, or
§ 125.291(a) of this chapter between
March 1, 2020 and June 30, 2020 for
purposes of maintaining qualifications
may complete the test or check in the
month before or three months after the
month it is required, provided the
requirements of paragraph 2.(b)(8)(iii) of
this SFAR are met. A crewmember who
completes the test or check in
accordance with this paragraph
2.(b)(8)(ii) will be considered to have
completed the test or check in the
month in which it was required.
(iii) Safety mitigations. The certificate
holder (or holder of an A125 letter of
deviation authority) must provide an
acceptable plan to its assigned principal
operations inspector that contains the
following information—
(A) A safety analysis and
corresponding risk mitigations to be
implemented by the certificate holder
(or holder of an A125 letter of deviation
authority); and
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(B) The method the certificate holder
(or holder of an A125 letter of deviation
authority) will use to ensure that each
crewmember complying with paragraph
2.(b)(8) of this SFAR remains adequately
tested and currently proficient for each
aircraft, duty position, and type of
operation in which the person serves.
(9) Robinson R–22/R–44 Special
Training and Experience Requirements
of SFAR No. 73 of this Part. A person
who has not completed a flight review
in a Robinson model R–22 or R–44
helicopter, as appropriate, within the
preceding 24 calendar months in
accordance with paragraph 2(c) of SFAR
No. 73 and § 61.56, may continue to act
as pilot in command of a Robinson
model R–22 or R–44 helicopter, as
appropriate, providing the following
requirements are met—
(i) Airmen requirements. The person
was current to act as pilot in command
of a Robinson model R–22 or R–44
helicopter, as appropriate, in March
2020 and, to maintain currency, is
required to complete a flight review in
a Robinson model R–22 or R–44
helicopter, as appropriate, between
March 1, 2020 and June 30, 2020.
(ii) Qualification requirements. The
person must—
(A) Satisfy the qualification
requirements specified in paragraph
2.(b)(2)(ii) of this SFAR, except that—
(1) The 10 hours of flight time as pilot
in command must be obtained in a
Robinson model R–22 or R–44
helicopter, as appropriate to the
privileges sought;
(2) At least 3 hours of flight time must
be obtained within the 3 calendar
months preceding the month in which
the flight review is due; and
(3) The courses required by paragraph
2.(b)(9)(ii)(C) and (D) of this SFAR may
count towards the 3 Wings credits.
(B) Complete three hours of selfstudy, since January 1, 2020 and
preceding the date of flight, on the
following subjects—
(1) The awareness training subject
areas specified in paragraph 2(a)(3)(i)
through (v) of SFAR No. 73 of this part;
(2) The current general operating and
flight rules of part 91 of this chapter;
and
(3) Robinson R–22 or R–44 Maneuvers
Guide, as applicable to the model(s) in
which the airmen holds pilot in
command privileges;
(C) Complete Course ALC–103:
Helicopter Weight and Balance,
Performance at https://
www.faasafety.gov; and
(D) Complete Course ALC–104:
Helicopter—General and Flight
Aerodynamics at https://
www.faasafety.gov/.
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(iii) Grace period. A person may act
as a pilot in command of a Robinson
model R–22 or R–44 helicopter, as
appropriate, for a duration of three
calendar months from the month in
which the flight review was due. Before
acting as pilot in command of an aircraft
in the fourth month after the month in
which the flight review was due, the
person must satisfactorily complete a
flight review in a Robinson model R–22
or R–44 helicopter, as appropriate to the
privileges sought, in accordance with
paragraph 2(c) of SFAR No. 73 of this
part and § 61.56.
(10) Operations outside the United
States. Unless otherwise prohibited by a
foreign country, a person may operate
outside of the United States under the
relief provided by paragraph 2 of this
SFAR if the person—
(i) Has access to this SFAR when
outside the United States; and
(ii) Presents a copy of this SFAR for
inspection upon request by a foreign
Civil Aviation Authority in accordance
with the Convention on International
Civil Aviation (Chicago Convention),
and its Annexes.
3. Duration and renewal
requirements.
(a) This Part.
(1) Extension of medical certificate
duration requirements. Notwithstanding
the duration requirements for medical
certificates specified in § 61.23(d), the
expiration date of a first-, second-, or
third-class medical certificate that
expires between March 31, 2020 and
May 31, 2020 is extended through June
30, 2020. A certificate extended under
this paragraph 3.(a)(1) is considered
valid under § 61.2(a)(5). Unless
otherwise prohibited by a foreign
country, a person may operate outside
of the United States under this
paragraph 3.(a)(1) if the person—
(i) Has access to this SFAR when
outside the United States; and
(ii) Presents a copy of this SFAR for
inspection upon request by a foreign
Civil Aviation Authority in accordance
with the Convention on International
Civil Aviation (Chicago Convention),
and its Annexes.
(2) Extension of knowledge test
duration requirements in § 61.39. An
applicant for a certificate or rating
issued under this part may satisfy the
eligibility requirement in § 61.39(a)(1)
by passing the required knowledge
test—
(i) Within the 27 calendar month
period preceding the month the
applicant completes the practical test, if
a knowledge test is required, provided
the knowledge test was passed between
March 1, 2018 and June 30, 2018; or
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(ii) Within the 63 calendar month
period preceding the month the
applicant completes the practical test
for those applicants who complete the
airline transport pilot certification
training program in § 61.156 and pass
the knowledge test for an airline
transport pilot certificate with a
multiengine class rating, provided the
knowledge test was passed between
March 1, 2015 and June 30, 2015.
(3) Extension of renewal requirements
for flight instructor certification. The
holder of a flight instructor certificate
that expires between March 31, 2020
and May 31, 2020 may renew his or her
flight instructor certificate by submitting
a completed and signed application to
the FAA and satisfactorily completing
one of the renewal requirements
specified in § 61.197(a)(2)(i) through (iv)
before June 30, 2020.
(b) Part 63 of this Chapter.
(1) Extension of medical certificate
duration requirements. For a person
acting as a flight engineer of an aircraft,
the expiration date of a second-class (or
higher) medical certificate that expires
between March 31, 2020 and May 31,
2020 is extended through June 30, 2020.
Unless otherwise prohibited by a foreign
country, a person may operate outside
of the United States under this
paragraph 3.(b)(1) if the person:
(i) Has access to this SFAR when
outside the United States; and
(ii) Presents a copy of this SFAR for
inspection upon request by a foreign
Civil Aviation Authority in accordance
with the Convention on International
Civil Aviation (Chicago Convention),
and its Annexes.
(2) Extension of written test duration
requirements in § 63.35 of this chapter.
An applicant for a flight engineer
certificate or rating may satisfy the
knowledge requirement in § 63.35(d) of
this chapter by passing the required
written test within the 27 calendar
month period preceding the month the
applicant completes the practical test,
provided the written test was passed
between March 1, 2018 and June 30,
2018.
(c) Part 65 of this Chapter.
(1) Extension of knowledge test
duration requirements in § 65.55 of this
chapter. An applicant for an aircraft
dispatcher certificate may satisfy the
knowledge requirement in § 65.55(b) of
this chapter by presenting satisfactory
evidence that the applicant passed the
knowledge test within the 27 calendar
month period preceding the month the
applicant completes the practical test,
provided the knowledge test was passed
between March 1, 2018 and June 30,
2018.
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(2) Extension of testing period in
§ 65.71 of this chapter. A person may
show eligibility for a mechanic
certificate or rating under § 65.71 of this
chapter by passing all of the prescribed
tests of part 65, subpart D, of this
chapter within a period of 27 months,
provided the testing period began
between March 1, 2018 and June 30,
2018.
(3) Renewal of inspection
authorizations in § 65.93 of this chapter.
(i) Grace period for meeting renewal
requirements. Notwithstanding the
requirement in § 65.93(c) of this chapter,
an inspection authorization holder who
did not complete one of the activities in
§ 65.93(a)(1) through (5) of this chapter
by March 31, 2020 of the first year may
still be eligible for renewal of an
inspection authorization for a 2-year
period in March 2021. To be eligible for
renewal, the inspection authorization
holder must show completion of one of
the five activities in § 65.93(a)(1)
through (5) of this chapter by June 30,
2020, and completion of the one of the
five activities in § 65.93(a)(1) through (5)
of this chapter during the second year
of the 2-year period. A person who
completes one of the five activities by
June 30, 2020 will be considered to have
completed the activity by March 31,
2020 of the first year for purposes of
determining eligibility under § 65.93 of
this chapter.
(ii) Inspection authorization privileges
after June 2020. If the inspection
authorization holder does not complete
one of the five activities in § 65.93(a)(1)
through (5) of this chapter by June 30,
2020, the inspection authorization
holder may not exercise inspection
authorization privileges after June 30,
2020. The inspection authorization
holder may resume exercising
inspection authorization privileges only
after passing an oral test from an FAA
inspector in accordance with § 65.93(c)
of this chapter.
(4) Military riggers or former military
riggers: Special certification rule of
§ 65.117 of this chapter. A person may
satisfy the requirements of § 65.117(a)
and (b) of this chapter for a senior
parachute rigger certificate by
presenting satisfactory documentary
evidence that the person was honorably
discharged or released from any status
covered by § 65.117(a) of this chapter
between March 2019 and June 2019, and
has served as a parachute rigger for an
Armed Force within the 15 months
before the date of application.
(d) Relief for U.S. Military and
Civilian Personnel Who are Assigned
Outside the United States in Support of
U.S. Armed Forces Operations.
Notwithstanding the 6 calendar month
VerDate Sep<11>2014
16:47 May 01, 2020
Jkt 250001
period specified in paragraph 2 of SFAR
No. 100–2 of this part, a person may
exercise the relief specified in paragraph
1 of SFAR No. 100–2 for a duration of
9 calendar months after returning to the
United States, provided the person—
(1) Is eligible in accordance with
paragraph 2 of SFAR No. 100–2 of this
part;
(2) Complies with the documentation
requirements specified in paragraph 3 of
SFAR No. 100–2 of this part; and
(3) Returned to the United States from
deployment between October 2019 and
March 2020.
(e) Part 141 of this Chapter.
(1) Pilot school certificate
requirements of § 141.5 of this chapter.
(i) Provisional pilot school.
Notwithstanding the period specified in
§ 141.5 of this chapter, a provisional
pilot school may apply for, and the FAA
may issue, a pilot school certificate with
the appropriate ratings if the following
requirements are met—
(A) The provisional pilot school must
satisfy the requirements of § 141.5(a)
through (e) of this chapter before
December 31, 2020;
(B) The provisional pilot school
certificate must expire between April
2020 and June 2020; and
(C) The provisional pilot school meets
the requirements of paragraph 3.(e)(1)(ii)
of this SFAR.
(ii) Safety mitigations.
(A) The provisional pilot school must
notify its responsible Flight Standards
office that it is applying for a pilot
school certificate in accordance with
this SFAR.
(B) Each provisional pilot school must
include in its notification an acceptable
plan that explains the method to meet
the requirements of § 141.5(d) and (e) of
this chapter, including—
(1) Ensuring each instructor used for
ground or flight training is current and
proficient; and
(2) Evaluating students to determine if
they are assigned to the proper stage of
the training course and if additional
training is necessary.
(2) Renewal of certificates and ratings
in § 141.27 of this chapter.
(i) Pilot school. A pilot school may
apply for renewal of its pilot school
certificate and ratings after the
expiration of its pilot schools certificate,
provided the school applies for renewal
before December 31, 2020 and the
following requirements are met—
(A) The pilot school must meet
§ 141.27(a)(2) of this chapter before
December 31, 2020;
(B) The pilot school certificate must
expire between April 2020 and June
2020; and
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
26349
(C) The pilot school meets the
requirements of paragraph 3.(e)(2)(ii) of
this SFAR.
(ii) Safety mitigations.
(A) Each pilot school must submit to
the responsible Flight Standards office
notification that it will renew its pilot
school certificate in accordance with
this SFAR.
(B) Each pilot school must include in
its notification an acceptable plan that
explains the method to regain currency,
including—
(1) Ensuring each instructor used for
ground or flight training is current and
proficient; and
(2) Evaluating students to determine if
they are assigned to the proper stage of
the training course and if additional
training is necessary.
4. Other relief for special flight
permits issued under § 21.197(c) of this
chapter. In addition to the purposes
specified in § 21.197(c) of this chapter,
notwithstanding §§ 119.5(l) and
91.1015(a) of this chapter, a special
flight permit with a continuing
authorization may be issued under
§ 21.197(c) of this chapter through
December 31, 2020 for aircraft that may
not meet applicable airworthiness
requirements, but are capable of safe
flight for the purpose of flying the
aircraft to a point of storage, provided
the following requirements are met—
(a) The air carrier or operator must
hold a special flight permit with
continuing authorization to conduct a
ferry flight program issued under
§ 21.197(c) of this chapter; and
(b) The certificate holder or
management specification holder must
notify the responsible Flight Standards
office each time the special flight permit
is used for the purpose of flying the
aircraft to a point of storage.
5. Expiration date. This SFAR is
effective until March 31, 2021. The FAA
may amend, rescind, or extend the
SFAR as necessary.
PART 63—CERTIFICATION: FLIGHT
CREWMEMBERS OTHER THAN
PILOTS
5. The authority citation for part 63
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 45102–
45103, 45301–45302.
6. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 63 to
read as follows:
■
E:\FR\FM\04MYR1.SGM
04MYR1
26350
Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
For the text of SFAR No. 118, see part
61 of this chapter.
For the text of SFAR No. 118, see part
61 of this chapter.
21 CFR Part 888
PART 65—CERTIFICATION: AIRMEN
OTHER THAN FLIGHT
CREWMEMBERS
PART 125—CERTIFICATION AND
OPERATIONS: AIRPLANES HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
7. The authority citation for part 65
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 45102–
45103, 45301–45302.
13. The authority citation for part 125
continues to read as follows:
■
8. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 65 to
read as follows:
■
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
14. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 125
to read as follows:
■
For the text of SFAR No. 118, see part
61 of this chapter.
PART 91—GENERAL OPERATING AND
FLIGHT RULES
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Public Law 114–190, 130 Stat.
615 (49 U.S.C. 44703 note); articles 12 and
29 of the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
10. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 91 to
read as follows:
■
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
PART 141—PILOT SCHOOLS
15. The authority citation for part 141
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709, 44711, 45102–
45103, 45301–45302.
16. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 141
to read as follows:
■
Special Federal Aviation Regulation No.
118—Relief for Certain Persons During the
Coronavirus Disease 2019 (COVID–19)
Outbreak
For the text of SFAR No. 118, see part 61
of this chapter.
For the text of SFAR No. 118, see part
61 of this chapter.
PART 107—SMALL UNMANNED
AIRCRAFT SYSTEMS
11. The authority citation for part 107
continues to read as follows:
jbell on DSKJLSW7X2PROD with RULES
Special Federal Aviation Regulation
No. 118—Relief for Certain Persons
During the Coronavirus Disease 2019
(COVID–19) Outbreak
For the text of SFAR No. 118, see part
61 of this chapter.
9. The authority citation for part 91
continues to read as follows:
■
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44705, 44710–44711, 44713,
44716–44717, 44722.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on April 29, 2020.
Steve Dickson,
Administrator, Federal Aviation
Administration.
[FR Doc. 2020–09472 Filed 4–30–20; 4:15 pm]
BILLING CODE 4910–13–P
Authority: 49 U.S.C. 106(f), 40101 note,
40103(b), 44701(a)(5); Sec. 333 of Pub. L.
112–95, 126 Stat. 75.
12. Add Special Federal Aviation
Regulation (SFAR) No. 118 to part 107
to read as follows:
■
VerDate Sep<11>2014
16:47 May 01, 2020
Jkt 250001
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Fmt 4700
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Food and Drug Administration
[Docket No. FDA–2015–N–3785]
Classification of Posterior Cervical
Screw Systems: Small Entity
Compliance Guide; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification of availability.
The Food and Drug
Administration (FDA, the Agency, or
we) is announcing the availability of a
final guidance for industry entitled
‘‘Classification of Posterior Cervical
Screw Systems: Small Entity
Compliance Guide.’’ This small entity
compliance guide (SECG) is intended to
help small entities comply with the
final rule on the classification of
posterior cervical screw systems.
SUMMARY:
The announcement of the
guidance is published in the Federal
Register on May 4, 2020.
DATES:
You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
ADDRESSES:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
E:\FR\FM\04MYR1.SGM
04MYR1
]]>Agencies
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26326-26350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09472]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141
[Docket No.: FAA-2020-0446; Amdt. No(s). Amendment numbers 21-102, 61-
145, 63-43, 65-60, 91-357, 107-3, 125-69, and 141-21]
RIN 2120-AL63
Relief for Certain Persons and Operations During the Coronavirus
Disease 2019 (COVID-19) Outbreak
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Special Federal Aviation Regulation (SFAR) provides
regulatory relief to persons who have been unable to comply with
certain training, recent experience, testing, and checking requirements
due to the Coronavirus Disease 2019 (COVID-19) outbreak. This relief
allows operators to continue to use pilots and other crewmembers in
support of essential operations during this period. Additionally, this
SFAR provides regulatory relief to certain persons and pilot schools
unable to meet duration and renewal requirements due to the outbreak.
This rule also allows certain air carriers and operators to fly
temporary overflow aircraft, a need resulting from the outbreak, to a
point of storage pursuant to a special flight permit with a continuing
authorization.
DATES: Effective April 30, 2020 through March 31, 2021.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action for pilots, contact Craig Holmes, General Aviation and
Commercial Division; Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-1100; email [email protected]. For technical questions
concerning this action for mechanics and special flight permits,
contact Kevin Morgan, Aircraft Maintenance Division; Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-1675; email [email protected]. For
[[Page 26327]]
technical questions concerning this action for aircraft dispatchers and
flight engineers, contact Theodora Kessaris and Sheri Pippin, Air
Transportation Division, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8166;
email [email protected].
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' In addition, section 553(d) of the APA requires that
agencies publish a rule not less than 30 days before its effective
date, except a substantive rule that relieves a restriction or ``as
otherwise provided by the agency for good cause found and published
with the rule.'' 5 U.S.C. 553(d)(1) and (3).
The FAA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive prior
notice and the opportunity for public comment. The provisions in this
final rule provide temporary relief to persons who have been unable to
meet certain requirements during the national emergency concerning
COVID-19. Without this final rule, certain individuals will not be able
to continue exercising privileges in support of essential operations
due to their inability to satisfy certain training, recent experience,
testing, and checking requirements. Additionally, other individuals
may--to the extent possible given closures--attempt to satisfy
requirements through means contrary to the national social distancing
guidelines in order to avoid economic burdens resulting from non-
compliance with FAA regulations.
The FAA recognizes that there are aviation operations outside of
air carrier and commercial operations conducted under part 119 of title
14 of the Code of Federal Regulations (14 CFR) that are critical during
the COVID-19 outbreak, including operations that support essential
services and flights that support fighting the outbreak. These
operations are likely to face disruption due to a decreased supply of
qualified pilots. Since March 2020 and with each month thereafter, a
new group of pilots becomes unavailable to perform critical operations
because they cannot comply with certain training, recent experience,
testing, or checking requirements. This SFAR will provide temporary
relief to certain individuals whose qualifications would otherwise
lapse, to ensure there are a sufficient number of qualified personnel
available to conduct essential aviation activities during this period.
The FAA finds that this temporary action is needed to enable
individuals to continue to exercise their airman certificate privileges
during the national emergency.
This action is also needed to provide immediate notification to
individuals facing impending expiration dates for certificates,
endorsements, and test results.\1\ With the cessation of many non-
essential aviation training and testing activities, many individuals
have been unable to complete certain activities before encountering
expiration dates. Absent the relief in this rule, persons may attempt
to satisfy certain requirements to avoid economic burdens associated
with non-compliance, despite the fact that compliance would require
acting contrary to the national social distancing guidelines. This
final rule provides immediate relief from certain duration and renewal
requirements to reduce unnecessary risk of exposure and to assure
persons that they will not endure economic burdens due to non-
compliance with certain regulations.
---------------------------------------------------------------------------
\1\ Certain FAA regulations require a person to take action
within a particular timeframe in order to avoid an expiration. For
example, a knowledge test result is generally valid for 24 months. A
person must take the practical test before the knowledge test result
expires or he or she must retake the knowledge test at additional
cost.
---------------------------------------------------------------------------
Accordingly, the FAA finds that providing notice and an opportunity
to comment is contrary to the public interest, because it would delay
implementation of this final rule, could result in disruption to
critical aviation operations, and could increase the incidence of
exposure during this public health emergency.
In addition, for the same reasons stated above, the FAA finds good
cause to waive the 30-day delay in effective date of this final rule
under 5 U.S.C. 553(d)(3) for the SFAR provisions that address the
training and qualification requirements. Because the APA also allows a
substantive rule that relieves a restriction to become effective in
less than 30 days after publication, the FAA finds that the SFAR
provisions that provide relief by extending duration and renewal
requirements may also be immediately effective. 5 U.S.C. 553(d)(1).
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires
the Administrator to promulgate regulations and minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security; and 49 U.S.C. 44703(a), which requires
the Administrator to prescribe regulations for the issuance of airman
certificates when the Administrator finds, after investigation, that an
individual is qualified for, and physically able to perform the duties
related to, the position authorized by the certificate. This rulemaking
provides airmen relief from certain training, recency, testing, and
checking requirements, and establishes qualification requirements for
airmen seeking to conduct essential operations during the COVID-19
outbreak. For these reasons, this rulemaking is within the scope of the
FAA's authority.
List of Abbreviations and Acronyms Frequently Used In This Document
ATP--Airline Transport Pilot
COVID-19--Coronavirus Disease 2019
IFR--Instrument Flight Rules
PIC--Pilot in Command
SIC--Second in Command
UAS--Unmanned Aircraft Systems
Table of Contents
I. Overview of Final Rule
II. Background
III. Discussion of Final Rule
A. Relief From Certain Training, Recency, Testing and Checking
Requirements
1. Part 61
a. Second-in-Command Qualifications (Sec. 61.55)
b. Flight Review (Sec. 61.56)
c. Recent Flight Experience: Pilot in Command (Sec. 61.57)
d. Pilot-in-Command Proficiency Check: Operation of an Aircraft
That Requires More Than One Pilot Flight Crewmember or Is Turbojet-
Powered (Sec. 61.58)
2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091,
91.1093, 91.1095, 91.1099, 91.1107)
3. Mitsubishi MU-2B Series Special Training, Experience, and
Operating Requirements (Part 91, Sec. Sec. 91.1703, 91.1705,
91.1715)
4. Aeronautical Knowledge Recency (Sec. 107.65)
[[Page 26328]]
5. Part 125 Flight Crewmember Requirements (Sec. Sec. 125.285,
125.287, 125.289, 125.291, 125.293)
6. Robinson R-22/R-44 Special Training and Experience
Requirements (SFAR 73)
B. Relief From Certain Duration and Renewal Requirements
1. Part 61
a. Medical Certificates: Requirement and Duration (Sec. 61.23)
b. Prerequisites for Practical Tests (Sec. 61.39)
c. Renewal Requirements for Flight Instructor Certification
(Sec. 61.197)
2. Relief for U.S. Military and Civilian Personnel Who Are
Assigned Outside the United States in Support of U.S. Armed Forces
Operations (SFAR 100-2)
3. Part 63
a. Certificates and Ratings Required (Sec. 63.3)
b. Knowledge Requirements (Sec. 63.35)
4. Part 65
a. [Dispatcher] Knowledge Requirements (Sec. 65.55)
b. Eligibility Requirements: General (Sec. 65.71)
c. Inspection Authorization: Renewal (Sec. 65.93)
d. Military Riggers or Former Military Riggers: Special
Certification Rule (Sec. 65.117)
5. Part 141
a. Requirements for a Pilot School Certificate (Sec. 141.5)
b. Renewal of Certificates and Ratings (Sec. 141.27)
C. Other Relief for Special Flight Permits (Sec. 21.197)
IV. Regulatory Notices and Analyses
V. Executive Order Determinations
VI. How to Obtain Additional Information
I. Overview of Final Rule
The FAA's regulations contain several training, recent experience,
testing, and checking requirements that persons must comply with prior
to exercising their airman or crewmember privileges. The FAA's
regulations also contain duration requirements, such as those
pertaining to medical certificates, the validity of knowledge tests,
and general procedures for completing a practical test. Additionally,
the FAA prescribes renewal requirements for inspection authorization
holders, flight instructors, and pilot school certificates. Because of
the national social distancing guidelines to prevent the transmission
of COVID-19, persons have been unable to comply with several of the
FAA's requirements. As a result, ``lapses'' in qualifications, which
occur on the last day of each month, will affect an additional cohort
of regulated parties at the end of each month during which stay-at-home
advisories are in place and even as routine activities begin to resume.
The regulatory relief provided in this SFAR will enable the continuity
of aviation operations that are critical during the COVID-19 outbreak,
including operations that support essential services and flights that
support response efforts. Additionally, the SFAR contains regulatory
relief for persons who are unable to satisfy certain requirements, to
prevent those persons from enduring unnecessary economic burdens due to
circumstances related to the outbreak that are outside of their
control.
The FAA's regulations also contain requirements for special flight
permits. The COVID-19 public health emergency has resulted in a number
of air carriers and operators needing to store aircraft long term. This
SFAR provides regulatory relief to temporary overflow aircraft to be
flown to a point of storage with a continuing authorization.
This SFAR is effective through March 31, 2021, which is the longest
duration of relief under this rule, provided to airman who hold
inspection authorizations under part 65. The FAA advises, however, that
this date does not reflect the duration for every provision in the
SFAR. Each person exercising relief provided by this SFAR should
understand the conditions and duration of such relief.
II. Background
Generally, the FAA issues airman certificates to individuals upon
successful completion of a knowledge test and practical test. Once an
airman holds a certificate, the FAA's regulations contain additional
training and qualification requirements that an airman must satisfy to
continue exercising the privileges of the certificate or to conduct a
particular operation in a specific aircraft.
Part 61 contains various recent experience \2\ (``recency'') and
recurrent training and checking requirements \3\ that a pilot must
satisfy prior to acting as pilot in command (PIC).\4\ Several
regulations require pilots to obtain proficiency checks from someone
authorized by the Administrator prior to serving as PIC (or in some
cases, second in command (SIC)) of an aircraft.\5\ Part 91, subpart K,
and part 125 contain specific qualification requirements for
crewmembers.\6\ Part 107 contains an aeronautical knowledge recency
requirement that must be met prior to operating a small unmanned
aircraft system (UAS).\7\ FAA also has recurrent training and recent
experience requirements specific to the Mitsubishi MU-2B \8\ and recent
experience requirements specific to the Robinson R-22/R-44.\9\
---------------------------------------------------------------------------
\2\ Recent flight experience requirements generally may be
accomplished by a pilot without having on board an instructor or
other person authorized by the Administrator.
\3\ Recurrent training and checking requirements generally must
be accomplished with an instructor or a person authorized by the
Administrator to conduct proficiency checks on board.
\4\ 14 CFR 61.56 and 61.57.
\5\ 14 CFR 61.55 and 61.58.
\6\ 14 CFR 91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089,
91.1091, 91.1093, 91.1095, 91.1099, 91.1107, 125.285, 125.287,
125.289, 125.291, and 125.293.
\7\ 14 CFR 107.65.
\8\ 14 CFR 91.1703, 91.1705, and 91.1715.
\9\ SFAR No. 73.
---------------------------------------------------------------------------
In addition, the FAA prescribes several duration requirements, such
as those pertaining to the validity of knowledge tests and procedures
for completing practical tests.\10\ The FAA's regulations also contain
renewal requirements for persons holding flight instructor certificates
issued under part 61 and for schools holding pilot school certificates
and provisional pilot school certificates issued under part 141.
---------------------------------------------------------------------------
\10\ 14 CFR 61.39 and 61.43.
---------------------------------------------------------------------------
On January 31, 2020, the Secretary of Health and Human Services
declared a public health emergency for the United States to aid in
responding to COVID-19. On March 13, 2020, the President declared that
the COVID-19 outbreak in the United States constitutes a national
emergency. COVID-19 cases have been reported in all 50 States as well
as the District of Columbia, Puerto Rico, Guam, the Northern Mariana
Islands, and the U.S. Virgin Islands. On March 16, 2020, the President
and the White House Coronavirus Task Force announced a program called
``15 Days to Slow the Spread,'' \11\ a nationwide effort to slow the
spread of COVID-19 in the United States through the implementation of
social distancing at all levels of society. On March 31, 2020, the
President and the White House Coronavirus Task Force announced ``30
Days to Slow the Spread,'' which extended the social distancing
guidelines for 30 days.\12\
---------------------------------------------------------------------------
\11\ The White House & Centers for Disease Control and
Prevention, 15 Days to Slow the Spread (Mar. 16, 2020), available at
https://www.whitehouse.gov/articles/15-days-slow-spread/.
\12\ The White House & Centers for Disease Control and
Prevention, 30 Days to Slow the Spread (Mar. 31, 2020), available at
https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirus-guidance_8.5x11_315PM.pdf.
---------------------------------------------------------------------------
The FAA has received several letters from industry associations
petitioning the FAA for relief and extensions from certain requirements
during the COVID-19 public health emergency.\13\ In a letter from the
Aircraft Owners and Pilots Association (AOPA), National Business
Aviation Association (NBAA), General Aviation Manufacturers Association
(GAMA) and Experimental Aircraft
[[Page 26329]]
Association (EAA),\14\ the associations asked the FAA to provide the
maximum amount of flexibility within its authority by granting
exemptions or relief from certain regulatory requirements applicable to
general aviation pilots.\15\
---------------------------------------------------------------------------
\13\ These letters are available in the rulemaking docket.
\14\ Letter from AOPA, NBAA, GAMA and EAA, to Honorable Steve
Dickson, Administrator, FAA (March 20, 2020) (available in the
rulemaking docket).
\15\ For a complete list of the relief requested, please see the
associations' letter, which is posted in the rulemaking docket.
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In another letter,\16\ NBAA noted that private and recreational
aircraft are used by businesses around the country to provide essential
support.\17\ NBAA provided examples of critical operations that
included medical equipment manufacturers' transportation of equipment,
the use small aircraft to observe the condition of power lines and
pipelines, and the performance of aerial operations to sustain
agriculture during planting season. NBAA cited a February
PricewaterhouseCoopers LLP study that concluded general aviation
contributes 1.1 million jobs and $247 billion in economic activity to
the U.S. economy. NBAA emphasized that it is imperative to ensure
continuity of these operations as our Nation recovers from the COVID-19
emergency.\18\
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\16\ Letter from Brian Koester, Director of Flight Operations
and Regulations, NBAA, to Mr. Bruce DeCleene, Flight Standards
Service, FAA (March 31, 2020) (available in the rulemaking docket).
\17\ https://www.cisa.gov/transportation-systems-sector.
\18\ NBAA expressly sought relief for part 91 (including part
91, subpart K) and part 125 operators who are unable to comply with
the PIC proficiency check requirements of Sec. 61.58 during the
public health emergency.
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In another letter, several industry associations \19\ sought broad
relief on behalf of the general aviation industry.\20\ The associations
recognized the FAA's efforts aimed at air carrier operations, training
centers, pilot schools, manufacturers, and maintenance providers to
sustain operations through exemptions and deviations from regulations
and policies. The associations emphasized, however, that the general
aviation industry also needs relief to ensure the continuity of
operations and commerce during the COVID-19 public health
emergency.\21\ The associations noted that, internationally, other
civil aviation authorities have already provided exemptions to both
commercial and noncommercial operators.\22\
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\19\ This letter was signed by the Aircraft Owners and Pilots
Association, Air Medical Operators Association, Experimental
Aircraft Association, General Aviation Manufacturers Association,
Helicopter Association International, National Agricultural Aviation
Association, National Air Transportation Association, and National
Business Aviation Association.
\20\ Joint industry letter to Mr. Ali Bahrami, Associate
Administrator for Aviation Safety, FAA (April 1, 2020) (available in
the rulemaking docket).
\21\ The associations sought extensions from the timelines set
forth in several regulations including, but not limited to, part 61
currency requirements, flight instructor renewal requirements,
expiration of knowledge tests, and duration requirements for
completing practical tests.
\22\ The letter cited to relief provided by civil aviation
authorities of Brazil, the European Union, Italy, and the United
Kingdom. The letter as posted in the rulemaking docket contains
links to access the documents issued by these foreign civil aviation
authorities.
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The industry associations also explained how various general
aviation operations can be critical to the Nation and can play a
crucial role in the U.S. and worldwide economy. For example, they noted
that general aviation directly connects more than 5,000 public airports
compared to the 500 airports used by scheduled airlines. Additionally,
the associations stressed the importance of general aviation operations
for lifesaving air medical missions, the movement of essential
personnel and medical equipment, aerial applications for crops,
forestry treatments, firefighting, and eradication of mosquitoes and
other disease-carrying pests. The associations further emphasized the
importance of rotorcraft operations due to the vertical lift
capability, which expands the range of locations at which operations
can take place to support the movement of people, supplies, and
critical services. The associations also noted that rotorcraft support
operations of a wide range of public safety service providers,
including law enforcement, firefighting, and search and rescue.
III. Discussion of Final Rule
Without the relief provided in this SFAR, certain persons are at
risk of ceasing operations due to their inability to satisfy training
and qualification requirements due to disruptions caused by the COVID-
19 outbreak. Airmen have experienced difficulty complying with certain
training, recency, checking, testing, duration, and renewal
requirements as a result of stay-at-home advisories and social
distancing implemented to slow the spread of the virus. To comply with
many of these requirements, an airman would have been required to be in
close proximity to another individual, often in a small, confined space
such as the flight deck of an aircraft or inside a simulator. As such,
the airman would have had to increase the risk of transmission of the
virus.
Even as routine activity begins to resume, the disruption caused by
such public health measures has impeded and will continue to impede
training and qualification activities in the near-term, resulting in
airmen qualifications lapsing either because persons cannot access
training facilities or FAA inspectors are unavailable to conduct
required tests, checks, or observations. Furthermore, classroom-
training environments, such as those provided by part 141 pilot
schools, may continue to introduce personnel to unnecessary risks of
exposure. To enable the continuity of aviation operations that are
critical to the Nation, the FAA finds it necessary to provide short-
term relief from certain training, qualification, duration, and renewal
requirements. Because this SFAR addresses multiple regulations from
several parts of the Federal Aviation Regulations, the FAA has provided
the necessary background information in the relevant sections of the
Discussion of the Final Rule. The FAA emphasizes that, apart from the
limited relief granted in this SFAR, individuals must continue to
comply with all applicable FAA regulations.\23\
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\23\ The FAA notes, in particular, that Sec. 61.51(a) requires
an individual to log training and aeronautical experience used to
meet the requirements for a certificate, rating, or flight review
and aeronautical experience required for meeting the recent flight
experience requirements of part 61. Likewise, Sec. 61.51(i)
requires a person to present their pilot certificate, medical
certificate, logbook, or any other record required by part 61 for
inspection upon a reasonable request by (i) the Administrator; (ii)
an authorized representative from the National Transportation Safety
Board; or (iii) any Federal, State, or local law enforcement
officer.
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Each of the following sections explains the relief being granted,
the airmen or air agencies eligible for the relief, and the mitigations
the FAA finds necessary to ensure aviation safety is maintained.\24\
The temporary relief provided here reflects and is limited to the
extraordinary circumstances of the COVID-19 outbreak.
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\24\ As explained further in Section IV.F of this SFAR
(International Compatibility), certain relief provided in this SFAR
does not conform with the International Civil Aviation Organization
(ICAO) Standards and Recommended Practices (SARPs). Certificate
holders or operators may dispatch or release flights and pilots and
crewmembers may operate outside of the United States under this
SFAR, unless otherwise prohibited by a foreign country. For
international operations where pilots and crewmembers will exercise
the relief identified here, anyone exercising this relief must have
access to the SFAR when outside the United States and present a copy
of this SFAR for inspection upon request by a foreign civil aviation
authority.
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A. Relief From Certain Training, Recency, Testing and Checking
Requirements
As noted in the letters from industry, general aviation operators
and crewmembers can be a key part of the U.S. infrastructure. The
support that
[[Page 26330]]
general aviation provides is particularly critical at this time given
the unprecedented disruption caused by the public health emergency.
Because public health measures requiring or recommending people to stay
at home resulted in the inability of airmen to complete certain
regulatory requirements and such disruptions are likely to continue in
the short-term as routine activities begin to resume, the FAA finds
temporary relief from some requirements is warranted to maintain
critical operations and reduce burdens on airmen.
Relief granted in this section to certain eligible pilots and
crewmembers applies only to persons conducting specific operations for
which the FAA has determined relief is appropriate.
The relief applies to any operation that requires the pilot to hold
at least a commercial pilot certificate. This provision will support
the continuity of essential commercial operations, which include aerial
observation of critical infrastructure, aerial applications (e.g.,
crops), and private carriage of medical supplies and equipment, which
are conducted under part 91, subpart K, and parts 125, 133, and
137.\25\
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\25\ In accordance with Sec. 137.19, a private operator pilot
that holds a private pilot certificate is also eligible for relief.
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Additionally, this relief applies to some operations conducted by
pilots exercising private pilot privileges, provided the pilot has at
least 500 hours of total time as a pilot of which 400 hours is as PIC
and 50 of the PIC hours were accrued in the last 12 calendar months.
The kinds of operations permitted are those that are:
Incidental to business or employment,
in support of family medical needs or to transport
essential goods for personal use,
necessary to fly an aircraft to a location in order to
meet a requirement of this chapter, or
a flight to transport essential goods and/or medical
supplies to support public health needs.
This SFAR also extends to pilots conducting charitable medical
flights for a volunteer pilot organization pursuant to an exemption
issued under part 11, provided the pilots continue to comply with the
conditions and limitations of the exemption. For flights conducted by
private pilots under this relief, no one may be carried on the aircraft
unless that person is essential to the purpose of the flight, such as
when transporting doctors for the purpose of providing medical care.
This relief does not permit private pilots to conduct these operations
for compensation or hire unless permitted under the exception in Sec.
61.113(b), (d), (e), or (h), or by exemption.\26\
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\26\ The FAA has consistently construed compensation under Sec.
61.113(a) broadly. Compensation does not require a profit, profit
motive, or the actual payment of funds. Rather, compensation is the
receipt of anything of value, including the reimbursement of
expenses. For additional discussion, the FAA has issued legal
interpretations with respect to what constitutes compensation.
Furthermore, nothing in this SFAR relieves a person from the
requirement to hold a part 119 certificate if applicable FAA
regulations require a part 119 certificate. See generally FAA
Advisory Circular 120-12A (Apr. 24, 1986) and FAA Advisory Circular
61-142 (Feb. 25, 2020).
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This relief also extends to flight attendant crewmembers, check
pilots, and flight instructors under part 91, subpart K, and part 125.
Finally, this relief applies to operations conducted under part 107 of
this chapter by a person who holds a remote pilot certificate issued
under part 107. Pilots exercising commercial pilot privileges have at
least 190 hours of flight time as a pilot and have been tested to a
higher standard than private pilots. The eligibility requirements for
private pilots are consistent with conditions and limitations imposed
on private pilots conducting charitable flights under a part 11
exemption.
This SFAR addresses crewmember qualifications that have already
lapsed as well as those that may lapse in the next few months, provided
the crewmember is eligible for the relief and satisfies the safety
mitigations before exercising their privileges. The eligibility
requirements and mitigations are discussed more fully in each
subsection.
1. Part 61
Part 61 prescribes the requirements for pilot, flight instructor,
and ground instructor certification, which include training, recency,
testing, and checking requirements. The FAA is providing relief for
second-in-command (SIC) qualifications, pilot flight reviews, specific
recency of experience requirements, and the PIC proficiency check for
pilots that operate aircraft that require more than one pilot flight
crewmember or are turbojet-powered. The specific relief is described in
paragraphs A.1.a. through A.1.d.
a. Second-in-Command Qualifications (Sec. 61.55)
Section 61.55(b) states that no person may serve as SIC of an
aircraft certificated for more than one required pilot flight
crewmember or in operations requiring a SIC unless that person has,
within the previous 12 calendar months, become familiar with certain
information specific to the type of aircraft and performed and logged
pilot time in the type of aircraft or in a flight simulator that
represents the type of aircraft.\27\ Although paragraph (c) provides
SICs a grace month \28\ for accomplishing this recency requirement, the
public health emergency is creating challenges for accomplishing this
requirement even within that additional timeframe.
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\27\ Section 61.55(b)(1)(i) specifies SICs must become familiar
with operational procedures applicable to the powerplant, equipment,
and systems; performance specifications and limitations; normal,
abnormal, and emergency operating procedures; flight manual; and
placards and markings. As prescribed in paragraph (b)(2), the SIC
must also log pilot time and perform at least three takeoffs and
three landings to a full stop as the sole manipulator of the flight
controls; engine-out procedures and maneuvering with an engine out
while executing the duties of pilot in command; and receive crew
resource management training.
\28\ The ``grace month'' is the month after the month in which
training is due.
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As a result, the FAA finds, under the extraordinary circumstances
of the COVID-19 outbreak, that allowing eligible SICs two additional
grace months for completing the requirements of Sec. 61.55(b) would
not present additional risk to aviation safety that cannot be
mitigated, as explained in the next paragraph. The additional grace
months are available to pilots whose base month falls in March, April,
May, or June 2020. The ``base month'' is the month in which training is
due. The ``grace months'' are the months after the month in which
training is due, during which the pilot is still eligible to maintain
recency. Under this SFAR, pilots will have a total of three grace
months after the base month to accomplish the requirements of Sec.
61.55(b).\29\ If these requirements are completed during the grace
period, they will be considered to have been completed during the base
month.
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\29\ The three grace months consist of the grace month provided
in Sec. 61.55(c) and the two additional grace months provided by
this SFAR.
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To attain the two additional grace months, eligible pilots must
complete the following requirements prior to serving as an SIC: (1)
Review the information for the specific type of aircraft for which they
are seeking SIC privileges as prescribed in Sec. 61.55(b)(1)(i)-(v);
and (2) have logged at least three takeoffs and landings to a full stop
as the sole manipulator of the flight controls of the aircraft they
will serve as an SIC in within the 180 days prior to serving as an SIC
in that aircraft.
b. Flight Review (Sec. 61.56)
Section 61.56(c) states that no person may act as PIC of an
aircraft, unless since the beginning of the 24th calendar
[[Page 26331]]
month before the month in which that person acts as PIC, that person
has accomplished a flight review in an aircraft for which that person
is rated and the person's logbook has been endorsed for that review by
an authorized instructor certifying the review was satisfactorily
completed.\30\
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\30\ Section 61.56(a) requires the flight review to consist of a
minimum of 1 hour of flight training and 1 hour of ground training.
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The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that extending the 24 calendar month requirement of Sec.
61.56(c) by up to three calendar months will not adversely affect
safety, provided the extension applies to active pilots and certain
risk mitigations are met. The three calendar month extension applies to
pilots who were current to act as PIC of an aircraft in March 2020 and
whose flight review was due in March 2020 through June 2020. To
mitigate any safety risk, the pilot must have logged at least 10 hours
of PIC time within the twelve calendar months preceding the month the
flight review was due. This flight time must be obtained in an aircraft
for which that pilot is rated.\31\ In addition, eligible pilots will
need to complete FAA Safety Team online courses totaling at least three
WINGS credits.\32\ The courses must have been completed in January 2020
or later to meet this requirement. Completion of the safety courses
demonstrates continued learning and pilot professional development.
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\31\ The FAA notes that requiring the flight time to be
completed in an aircraft for which the pilot is rated is consistent
with the requirement in Sec. 61.56 for the flight review to be
accomplished in an aircraft for which the pilot is rated.
\32\ The WINGS--Pilot Proficiency Program was developed to
address accident causal factors in general aviation by promoting
continuous learning and training through online courses, seminars,
and other events along with opportunities to fly with an instructor.
The FAA and third-party vendors offer courses, many of which are
free, for credit. Eligible WINGS courses for pilots can be found on
the FAA Safety Team website at www.faasafety.gov. The credit
assigned to each course is listed in the catalog of available
courses.
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c. Recent Flight Experience: Pilot in Command (Sec. 61.57)
Section 61.57 contains the recent flight experience requirements to
serve as a PIC in an aircraft under various conditions. These
conditions include the recency requirements for carrying passengers
during day and night operations and operations under instrument flight
rules (IFR). After reviewing the recent flight experience requirements
of this section, the FAA has determined that only relief for instrument
recency is warranted.
Section 61.57(c) specifies the requirements to serve as a PIC under
IFR or weather conditions less than the minimums prescribed for visual
flight rules (VFR). To be current under Sec. 61.57(c),\33\ a pilot
must have performed and logged, within the six calendar months
preceding the month of the flight, six instrument approaches, holding
procedures and tasks, and intercepting and tracking courses through the
use of navigational electronic systems. This experience can be
performed in actual weather conditions or under simulated conditions
using a view-limiting device in an airplane, powered-lift, helicopter,
or airship, as appropriate, or in a full flight simulator (FFS), flight
training device (FTD), or aviation training device (ATD) if the device
represents the category of aircraft for the instrument rating
privileges to be maintained.\34\
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\33\ Section 61.57(c)(1) contains the requirements for
maintaining instrument experience in an airplane, powered-lift,
helicopter, or airship. Section 61.57(c)(3) contains the
requirements for maintaining instrument experience in a glider.
\34\ Section 61.57(c)(2) further allows the person to complete
the instrument experience required by paragraph (c)(1) in any
combination of aircraft, FFS, FTD, or ATD.
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If a pilot is unable to establish instrument recency in accordance
with Sec. 61.57(c), paragraph (d) prescribes how a pilot may
reestablish instrument recency. If a pilot does not have the required
approaches, holding, and intercepting and tracking courses in the
preceding six calendar months, the pilot has an additional six calendar
months to obtain the required experience by flying with a view-limiting
device and a safety pilot \35\ or using a training device. During this
period, the pilot may not serve as the PIC under IFR or weather
conditions less than the minimums prescribed for VFR. If the pilot
fails to meet the instrument experience requirements for more than six
calendar months, the pilot must complete an instrument proficiency
check administered by an authorized instructor, company check pilot,
designated pilot examiner, or person approved by the Administrator.\36\
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\35\ A safety pilot is a person who occupies a control seat in
an aircraft and maintains a visual watch when the pilot manipulating
the flight controls of the aircraft is using a view-limiting device
to simulate flight by reference to instruments. 14 CFR 91.109(c).
\36\ Section 61.57(d)(3) contains the list of persons who may
administer an instrument proficiency check.
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The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that relief for instrument recency is appropriate under
certain conditions. The FAA is extending the six calendar month
requirement of Sec. 61.57(c)(1) by an additional three calendar
months. This will enable a pilot to continue exercising instrument
privileges, provided the pilot has performed the required tasks within
the nine calendar months preceding the month of the flight, instead of
the preceding six calendar months.
To be eligible for the relief, a pilot will need to have some
recent experience in instrument flight. More specifically, the FAA is
requiring that the pilot have logged, in the preceding six calendar
months, three instrument approaches in actual weather conditions, or
under simulated conditions using a view-limiting device. Eligible
pilots may exercise the relief in this SFAR through June 30, 2020.
After that date, a pilot must be current in accordance with Sec.
61.57(c). If the pilot does not meet the instrument experience
requirements before June 30, 2020, the pilot retains the ability to
reestablish recency in accordance with Sec. 61.57(d). However, the
pilot will no longer have six months to reestablish instrument recency.
Instead, the number of months available for a pilot to attain the
instrument experience prior to requiring completion of the instrument
proficiency check will depend on when the person last established
instrument recency in accordance with Sec. 61.57(c).\37\
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\37\ For example, if the pilot performed and logged the tasks
required by Sec. 61.57(c)(1) in October 2019, that pilot may
continue exercising instrument privileges under this SFAR after
April 2020, provided the pilot meets the qualification requirements.
This SFAR would allow that pilot to continue acting as PIC under IFR
or in weather conditions less than the minimums prescribed for VFR
until June 30, 2020. After June 30, 2020, that pilot would be
required to comply with Sec. 61.57(c). As previously mentioned,
Sec. 61.57(d) gives a pilot who has failed to meet the instrument
experience requirements of paragraph (c) a grace period of six
calendar months to reestablish instrument recency. A pilot who does
not reestablish instrument recency during those additional six
calendar months may reestablish instrument recency only by
completing an instrument proficiency check. Therefore, if the pilot
in this hypothetical fails to complete the tasks required by Sec.
61.57(c)(1) by June 30, 2020, that pilot would have four calendar
months (until October 31, 2020) available to attain the instrument
experience prior to requiring completion of an instrument
proficiency check.
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d. Pilot-in-Command Proficiency Check: Operation of an Aircraft That
Requires More Than One Pilot Flight Crewmember or Is Turbojet-Powered
(Sec. 61.58)
Section 61.58 requires a PIC proficiency check for those pilots
that fly an aircraft that requires more than one pilot flight
crewmember or is turbojet-powered. Paragraph (a)(1) requires a pilot to
complete a PIC proficiency check within the preceding
[[Page 26332]]
twelve calendar months in an aircraft that is type certificated for
more than one required pilot flight crewmember or is turbojet-powered.
In addition, paragraph (a)(2) requires a pilot to accomplish, within
the preceding 24 calendar months, a PIC proficiency check in the
particular type of aircraft in which that person will serve as PIC that
is type-certificated for more than one required pilot flight crewmember
or is turbojet-powered.\38\ Paragraph (i) establishes a grace month for
completing the PIC proficiency check. Specifically, it allows the check
to be completed in the month prior to or the month after the month in
which the check is due.
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\38\ In accordance with Sec. 61.58(b), this section does not
apply to persons conducting operations under subpart K of part 91,
or part 121, 125, 133, 135, or 137. In accordance with Sec.
61.57(c), the PIC proficiency check given in accordance with subpart
K of part 91, parts 121, 125, or 135 may be used to satisfy the
requirements of this section.
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The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing two additional grace months for completing
the PIC proficiency checks required by Sec. 61.58(a)(1) and (2) does
not present a risk to aviation safety that cannot be mitigated, as
explained in the next paragraph. Eligible pilots are those pilots who
are required to complete a proficiency check in accordance with Sec.
61.58(a)(1) and whose base month falls within the time period of March
2020 through June 2020. In accordance with Sec. 61.58(a)(2), pilots
who have not completed a proficiency check in the aircraft they intend
to fly within the preceding 24 calendar months and whose base month
falls between March 2020 and June 2020, are also eligible for the
relief in this SFAR.\39\ Pilots will have a total of three grace months
after the base month to accomplish the PIC proficiency check required
by Sec. 61.58(a)(1) and (2).\40\ A PIC proficiency check completed
during the grace period will be considered to have been completed in
the base month.
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\39\ If a pilot's base month is June 2020, this SFAR extends the
validity through September 30, 2020.
\40\ This three-month grace period includes the grace month that
is already provided by Sec. 61.58(i) and the two additional grace
months provided by this SFAR.
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To obtain the two additional grace months provided by this SFAR, a
pilot must meet certain qualification requirements to ensure the pilot
has recent flight experience and is knowledgeable on the procedures and
performance limitations for the specific type of aircraft the PIC will
operate. First, an eligible pilot must meet the recent flight
experience required by Sec. 61.57 as applicable to the flight being
conducted.\41\ Additionally, an eligible pilot must have reviewed,
within the previous three calendar months preceding the month of the
flight, the following for each specific aircraft type for which PIC
privileges are desired:
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\41\ A pilot may use the relief to Sec. 61.57 for instrument
recency in conjunction with the relief provided for Sec. 61.58 in
this SFAR.
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a. Operational procedures applicable to the powerplant, equipment,
and systems.
b. Performance specifications and limitations.
c. Normal, abnormal, and emergency operating procedures.
d. Flight manual.
e. Placards and markings.
2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091, 91.1093,
91.1095, 91.1099, 91.1107)
Part 91, subpart K, prescribes the additional rules that apply to
private, general aviation fractional ownership programs. The subpart
provides the regulatory definitions and safety standards for fractional
ownership programs; defines the program and program elements; allocates
operational control responsibilities and authority to the owners and
program manager; and provides increased operational and maintenance
safety requirements for fractional ownership programs. There are
currently nine fractional ownership programs operating under part 91,
subpart K. They range in size from managers with two aircraft to
managers with over 500 airplanes and helicopters.
The crewmember testing and checking requirements are established in
Sec. Sec. 91.1065, 91.1067, 91.1069, and 91.1071. Recurrent training
requirements for crewmembers are specified in Sec. Sec. 91.1073,
91.1099, and 91.1107. These requirements cover the following activities
and timelines for completion:
Section 91.1065--pilot knowledge testing and competency
checking requirements (completed within the previous twelve months
before the pilot serves as a required crewmember);
Section 91.1067--flight attendant crewmember testing
requirements (completed within the previous twelve months before
serving as a flight attendant crewmember);
Section 91.1069(a) and (b)--instrument proficiency
checking requirements for PICs (completed within the previous six
months) and SICs (completed in previous twelve months);
Section 91.1099--initial or recurrent training (completed
within the previous twelve months before serving as a crewmember);
Section 91.1107--crewmember recurrent training (completed
within the previous twelve months before serving as a crewmember);
Section 91.1069(c)--instrument approach procedure recency
(demonstrated that type of approach within previous six months);
Section 91.1071(a)--creates a grace month that allows a
crewmember test or flight check required by subpart K to be completed
in the month before or after the month it is required; and
Section 91.1073(b)--creates a grace month that allows
crewmember recurrent training required by subpart K to be completed in
the month before or after the month it is required.
Subpart K of part 91 also contains instructor and check pilot
qualifications in Sec. Sec. 91.1089 through 91.1095. Sections 91.1089
and 91.1091 require check pilots and flight instructors qualified in
simulators to fly at least two flight segments as a required crewmember
for the type, class, or category of aircraft involved within the
previous twelve-month period or complete an approved line-observation
program within the period prescribed by that program. Paragraph (g) in
both sections provides a grace month stating that the flight segments
or line observations are considered complete if completed in the month
before or the month after in which they are due. Sections 91.1093 and
91.1095 require that a person who conducts checking or instruction have
satisfactorily completed an observation check within the preceding 24
months. Paragraph (b) in both sections also provides a grace month for
the checks to be completed.
The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing a total of three grace months after the base
month for completing the covered training, testing, and checking
requirements for crewmembers, check pilots, and flight instructors
whose base month is in March, April, May, or June 2020--many of which
already permit one grace month--does not present a risk to aviation
safety that cannot be mitigated under the conditions of this SFAR.
Management specifications holders must conduct a safety analysis and
provide appropriate mitigations in an acceptable plan to their FAA
principal inspector. This plan would address any potential risk
introduced by extending crewmember, check pilot, and flight instructor
qualifications, training, and checking. The plan must ensure
crewmembers remain adequately trained and currently proficient for each
[[Page 26333]]
aircraft, crewmember position, and type of operation in which the
crewmember serves in accordance with Sec. 91.1081(e). The relief
applies to requirements for currently qualified crewmembers, check
pilots, and flight instructors only. It does not apply to requirements
for the training and qualification of new personnel.
3. Mitsubishi MU-2B Series Special Training, Experience, and Operating
Requirements (Sec. Sec. 91.1703, 91.1705, 91.1715)
Subpart N of part 91 contains training, experience, and operating
requirements specific to the Mitsubishi MU-2B series airplane. Except
as specified in Sec. 91.1703(b),\42\ a person may not manipulate the
controls, act as PIC, or act as SIC of a MU-2B series airplane for the
purpose of flight unless that person satisfies certain ground and
flight training requirements,\43\ including recurrent training
requirements, in an FAA-approved MU-2B training program that meets the
standards of subpart N of part 91. This requirement is contained in
Sec. 91.1705(a)(1).\44\
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\42\ Section 91.1703(b) states that a person who does not meet
the requirements of subpart N of part 91 may manipulate the controls
of a Mitsubishi MU-2B series airplane if a PIC who meets the
requirements of subpart N of part 91 is occupying a pilot station,
no passengers or cargo are carried on board the airplane, and the
flight is being conducted for one of the reasons specified in Sec.
91.1703(b)(1) through (3).
\43\ The requirements for ground and flight training are on
initial/transition, requalification, recurrent, and differences
training. 14 CFR 91.1705(a)(1).
\44\ Section 91.1705(a)(2) requires the person's logbook to have
been endorsed in accordance with Sec. 91.1705(f).
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In addition, Sec. 91.1705(b)(1) states that, except as specified
in Sec. 91.1703(b), a person may not manipulate the controls, act as
PIC, or act as SIC, of a MU-2B series airplane for the purpose of
flight unless that person satisfactorily completes, if applicable,
recurrent pilot training on the special emphasis items and all items
listed in the Training Course Final Phase Check in accordance with an
FAA-approved MU-2B training program that meets the standards of subpart
N of part 91.\45\
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\45\ Section 91.1705(b)(2) also requires the person's logbook to
have been endorsed in accordance with Sec. 91.1705(f).
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Section 91.1703(e) requires a person to complete recurrent training
within the preceding twelve months without the option of a grace
month.\46\ Under Sec. 91.1705(e), however, a person has one grace
month to comply with the training requirements of Sec. 91.1705(a) or
(b). Therefore, Sec. 91.1705(e) allows a person to accomplish the
recurrent training one month after the month it is due.
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\46\ Successful completion of initial/transition training or
requalification training within the preceding twelve months
satisfies the requirement of recurrent training. A person must
successfully complete initial/transition training or requalification
training before being eligible to receive recurrent training. 14 CFR
91.1703(e).
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Section 91.1715(c) stipulates that completion of a flight review to
satisfy the requirements of Sec. 61.56 is valid for operation of a
Mitsubishi MU-2B series airplane only if that flight review is
conducted in a Mitsubishi MU-2B series airplane, or an MU-2B simulator
approved for landings with an approved course conducted under part 142.
Under the extraordinary circumstances of the COVID-19 outbreak, the
FAA supports relief for certain experienced pilots flying MU-2B series
airplanes. This relief is not applicable to pilots that are required to
complete initial/transition or requalification training in an MU-2B
series airplane,\47\ because these pilots could not meet the
qualification requirements.
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\47\ See Sec. 91.1703(c) or (d).
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Under this SFAR, a person may obtain two additional grace months to
complete the recurrent training requirements.\48\ To be eligible for
this relief, pilots must be qualified under part 91, subpart N, and
their base month for completing the recurrent training must fall in
March, April, May, or June 2020. If a pilot completes the recurrent
training requirements within the grace period provided by this SFAR,
the requirements will be considered to have been completed in the base
month. Additionally, to ensure there is no adverse impact to safety,
the FAA has determined it is necessary to impose certain qualification
requirements on pilots seeking to exercise this relief. The
qualification requirements are intended to serve as risk mitigations to
ensure that pilots exercising the temporary relief under this SFAR are
active pilots with recent flight experience in the MU-2B. To exercise
the relief, a pilot must also have a minimum of 10 hours of flight time
in an MU-2B series airplane within the previous twelve calendar months
of the base month. Three of those hours must be obtained within three
calendar months preceding the base month. In addition, as required by
Sec. 91.1715(a), the pilot must have at least three takeoffs and
landings to a full stop as sole manipulator of the controls in an MU-2B
series airplane within the last ninety days prior to the flight.
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\48\ This means a person will have a total of three grace months
after the due month, because Sec. 91.1705(e) already provides one
grace month. The ``grace months'' are months after the month in
which training is due, during which the pilot is still eligible to
meet the recurrent training requirements.
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Furthermore, prior to manipulating the controls of an MU-2B series
airplane in accordance with this SFAR, pilots must complete three hours
of self-study since January 1, 2020, and preceding the date of the
flight. This self-study must include the ground training required by
Sec. 91.1705(h)(1) and the special emphasis items listed in the
approved MU-2B training program last completed. In addition, pilots
must review the limitations, procedures, aircraft performance, and MU-
2B Cockpit Checklist procedures applicable to the flight training
curriculum required by Sec. 91.1705(h)(2) for the MU-2B model flown
and the current general operating and flight rules of part 91.
Consistent with the flight review requirements of this SFAR, MU-2B
series pilots must complete online courses for three WINGS credits.
These courses must have been completed since January 1, 2020.
4. Aeronautical Knowledge Recency (Sec. 107.65)
Section 107.65 requires remote pilots certificated under part 107
to establish recency of knowledge every 24 calendar months. To meet the
recency of knowledge requirement per Sec. 107.65(a) or (b), remote
pilots must pass an FAA knowledge test at a knowledge testing center.
The initial and recurrent knowledge tests required by Sec. 107.65(a)
or (b) cover the comprehensive list of knowledge areas specified in
Sec. 107.73(a) or (b), respectively. Section 107.65(c) allows remote
pilots who are also certificated under part 61 and have a current
flight review in accordance with Sec. 61.56 to complete online
training to meet aeronautical knowledge recency. The initial or
recurrent training course covers the condensed list of knowledge areas
specified in Sec. 107.74(a) or (b), respectively, because the part 61
pilot who has a current flight review has already demonstrated
knowledge of many of the topic areas tested on the UAS knowledge
test.\49\
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\49\ Final Rule, Operation and Certification of Small Unmanned
Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016).
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Even if open, some knowledge testing centers may introduce airmen
to risks of exposure to COVID-19. The inability of part 107 operators
to remain current could have a negative impact on a community's ability
to support the safe inspection of infrastructure, including power
lines, fire and rescue, flood responses, law enforcement, and overall
public safety.
Under the extraordinary circumstances of the COVID-19 outbreak,
eligible remote pilots who
[[Page 26334]]
would normally establish recency of knowledge in accordance with Sec.
107.65(a) or (b) may complete online training as an alternative if
required to establish recency between April 2020 and June 2020. The
remote pilot may complete the FAA-developed initial or recurrent online
training courses \50\ at www.faasafety.gov one time to establish
knowledge recency for six calendar months.\51\ As previously stated,
the initial or recurrent online training course covers a condensed list
of UAS-specific knowledge areas because it is intended for persons who
hold part 61 pilot certificates and satisfy the flight review
requirements of Sec. 61.56. The FAA finds that, for a limited duration
of time, allowing remote pilots to complete one of these online
training courses is an adequate alternative to passing a knowledge
test. However, because these courses do not include all of the
knowledge areas under Sec. 107.73(a) or (b) that a remote pilot is
required to be tested on every 24 calendar months, the remote pilot
will need to establish knowledge recency in accordance with Sec.
107.65 at the conclusion of the six calendar months. Remote pilots who
qualify to establish recency of aeronautical knowledge per Sec.
107.65(c) are not included in this relief. Pilots who use the relief
from Sec. 61.56 in this SFAR may establish recency of aeronautical
knowledge per Sec. 107.65(c) and retain remote pilot privileges for 24
calendar months.
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\50\ ALC-451 (Part 107 Small Unmanned Aircraft Systems (small
UAS) Initial); ALC-515 (Part 107 Small Unmanned Aircraft Systems
(small UAS) Recurrent).
\51\ On February 13, 2019, the FAA published an NPRM that, if
adopted, would update the regulations that govern part 107
operations. In the NPRM, the FAA proposed to amend Sec. 107.65(b)
to allow a remote pilot to meet the recency requirements by
completing recurrent training (rather than a recurrent knowledge
test) covering the areas of knowledge specified in Sec. 107.73. The
FAA is therefore actively engaged in rulemaking that, if adopted,
would provide the option for taking an online recurrent training
course in lieu of a UAS knowledge test to all part 107 certificate
holders. The proposed recurrent training course would cover the
comprehensive list of knowledge areas set forth in Sec. 107.73,
rather than the condensed list of knowledge areas in Sec. 107.74,
which are intended for part 61 certificate holders who satisfy the
flight review requirements specified in Sec. 61.56. NPRM, Operation
of Small Unmanned Aircraft Systems Over People, 84 FR 3856 (Feb. 13,
2019).
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5. Part 125 Flight Crewmember Requirements (Sec. Sec. 125.285,
125.287, 125.289, 125.291, 125.293)
Part 125 certificated operators conduct non-common carriage
operations. Part 125 operators are not permitted to hold out to the
public either directly or indirectly but can operate incidental to
their business and have up to three long-term contracts for commercial
operations. These contracts are normally for the carriage of cargo,
sports teams, and orchestras. Section 125.3 establishes deviation
authority for part 125. This allows operators to deviate from specified
sections of part 125, under certain circumstances.\52\ The FAA issues a
Letter of Deviation Authority (LODA) for various kinds of operations to
include airplane ferry, sales demonstrations, or training.\53\ These
LODA-holders conduct operations under part 91 and may hold an operating
certificate and have operations specifications (OpSpecs).\54\ The FAA
also issues a LODA to an operator that conducts only non-commercial
operations (i.e., private use only)--specifically an A125 LODA. Holders
of an A125 LODA do not hold an operating certificate or have OpSpecs.
Instead, they are issued a letter of authorization (LOA) because the
flightcrew members operating under an A125 LODA must comply with the
recency, recurrent testing, and proficiency checking requirements of
part 125.
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\52\ Advisory Circular 125-1A further describes the
applicability of part 125 to certain large airplane operations in
other than common carriage and the exceptions to the applicability.
\53\ These are A510, A511, or A512 LODA holders, respectively.
\54\ Pilots of these LODA-holders comply with the recency,
training, and checking requirements of part 61.
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Section 125.287 requires a pilot of a part 125 operation to have
passed a written or oral test given by the Administrator or a check
airman every twelve calendar months and pass a competency check in the
type of airplane flown in part 125 operations every twelve calendar
months.\55\ Section 125.289 requires a flight attendant to complete
recurrent testing every twelve calendar months. Section 125.293(a)
provides for a grace month for crewmembers to complete testing or
checking.\56\ Section 125.291(a) requires that since the beginning of
the sixth calendar month before service, the PIC of an airplane in a
part 125 operation under IFR must have passed an instrument proficiency
check and the Administrator or an authorized check airman has so
certified in a letter of competency.\57\ Finally, Sec. 125.285(a)
requires that pilot flight crewmembers complete three takeoffs and
landings within the preceding 90 days in the type airplane in which
that person is to serve.
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\55\ This section also requires the certificate holder to use a
pilot who has passed the written or oral test and competency check
within the preceding 12 calendar months.
\56\ If a crewmember who is required to take a test or check
under part 125, if he or she completes the test or check in the
calendar month before or after the calendar month in which it is
required, that crewmember is considered to have completed the test
or check in the calendar month in which it is required.
\57\ The certificate holder is also required to use a PIC in an
airplane of a part 125 IFR operation who has completed the
instrument proficiency check within the preceding six calendar
months.
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Part 125 certificate holders and those that hold an A125 LODA
operate airplanes with 20 seats or more, or a payload capacity of 6,000
pounds or more. These large airplanes are typically used to move
personnel and materials to where they are needed and are an essential
part of the U.S. supply chain. Part 125 certificate holders and A125
LODA holders are part of the U.S. economic infrastructure.
The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing two additional grace months for completing
the recurrent testing, checking, and training requirements does not
present a risk to aviation safety that cannot be mitigated. In
addition, the FAA is granting an additional sixty days for completing
the three required takeoffs and landings. The requirements of this SFAR
ensure that certificate holders and A125 LODA holders demonstrate a
plan to mitigate any potential risk introduced by extending flight
crewmember qualifications.\58\ The relief applies to requirements for
currently qualified flight crewmembers only, whose base month is March,
April, May, or June 2020. It does not apply to requirements for the
training and qualification of new personnel. In order to utilize the
relief provided by this SFAR, the certificate holder or A125 LODA
holder must provide an acceptable plan to its assigned principal
operations inspector for acceptance that contains the following
information--
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\58\ Pilots of other LODA-holders would comply with the
applicable relief to part 61 training, recency, testing, and
checking requirements.
---------------------------------------------------------------------------
(i) A safety analysis and corresponding risk mitigations to be
implemented by the certificate holder or A125 LODA holder; and
(ii) The method the certificate holder or A125 LODA holder will use
to ensure that each crewmember remains adequately tested and currently
proficient for each aircraft, duty position, and type of operation in
which the person serves.
6. Robinson R-22/R-44 Special Training and Experience Requirements
(SFAR 73)
SFAR 73 established special training and experience requirements
for pilots
[[Page 26335]]
operating the Robinson model R-22 or R-44 helicopters to maintain safe
operation of these helicopters. The FAA determined that SFAR 73 was
needed to increase awareness of, and training for, potential hazards of
particular flight operations in the Robinson helicopters.
To act as PIC of a Robinson R-22 or R-44 helicopter, SFAR 73
requires the person to complete the flight review required under Sec.
61.56 in an R-22 or R-44 helicopter, as appropriate to the PIC
privileges sought, if the person has at least 200 flight hours in
helicopters of which at least 50 flight hours are in the applicable
Robinson model helicopter for which the person has PIC privileges.\59\
Otherwise, it requires the person to comply with the endorsement
requirements of SFAR 73.\60\
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\59\ An R-44 PIC may credit up to 25 hours of R-22 PIC time
towards the 50 hours of PIC time required in the R-44.
\60\ See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or
(2) Aeronautical Experience.
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Under the extraordinary circumstances of the COVID-19 outbreak, the
FAA has determined that the PIC of an R-22 or R-44 is compliant with
SFAR 73 if the person meets the recency requirements of Sec. 61.56
established in this SFAR in an R-22 or R-44, or both, as appropriate.
This relief is limited to Robinson pilots that have at least 200 hours
in helicopters of which at least 50 hours are in the applicable
Robinson model helicopter for which the person has PIC privileges. Low-
time Robinson pilots that are required to complete a flight review
every twelve calendar months in accordance with SFAR 73 must continue
to comply with that SFAR.
For the relief in this SFAR, the flight review must include SFAR 73
awareness training subjects in paragraph 2(a)(3) and the flight
training subjects in paragraph 2(b). R-22 or R-44 pilots whose flight
review is due in March through June 2020 may extend an additional three
calendar months, provided the pilots have at least 10 hours of PIC time
in an R-22 or R-44 as applicable, in the preceding twelve calendar
months, of which three hours must be in the three calendar months
preceding the month in which the flight review is due. R-22 and R-44
pilots must also complete a minimum of three hours of self-study since
January 1, 2020 and prior to the flight being conducted on the
following subjects--
1. SFAR 73 awareness training in 2(a)(3)(i)-(v);
2. 14 CFR part 91 regulations;
3. Robinson R-22 or R-44 Maneuvers Guide applicable to the model
(R-22 or R-44) for which the airman has PIC privileges; or both
maneuver guides, if the airman has PIC privileges in both Robinson
model helicopters; \61\
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\61\ The Robinson Maneuver Guides contain the flight training
subjects identified in SFAR 73 paragraph 2(b).
---------------------------------------------------------------------------
4. Complete Course ALC-103: Helicopter Weight and Balance,
Performance at www.faasafety.gov; and
5. Complete ALC-104: Helicopter--General and Flight Aerodynamics at
www.faasafety.gov.
The courses identified in 4 and 5 may be used to satisfy the WINGS
credit as required by the relief to Sec. 61.56 of this SFAR.\62\
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\62\ Each course is worth 0.5 credits. R-22 and R-44 pilots will
need to select additional courses for WINGS credit to fully meet the
requirements of Sec. 61.56 in this SFAR.
---------------------------------------------------------------------------
B. Relief From Certain Duration and Renewal Requirements
Maintaining the continuity of operations through the relief in
section A of this document is important to ensure the stability of
essential functions of the U.S. transportation system. The FAA also
finds that it is appropriate to grant relief for certain duration and
renewal requirements because the COVID-19 outbreak has made compliance
difficult or in some instances impossible. Without this short-term
relief, certificate holders will have to choose between attempting to
comply with FAA requirements or abiding by public health measures.
The relief discussed more fully in the following sections responds
to initial disruptions that have prevented certificate holders from
seeking timely renewals of certificates or from completing certain
testing activity before expiration dates have passed. Because these
disruptions may continue for a brief time as routine activities begin
to resume, the FAA is providing relief for periods of time deemed
necessary to alleviate the burden. The FAA has determined, under the
extraordinary circumstances of the COVID-19 outbreak, that this relief
will not adversely affect safety because it is narrowly focused on a
small segment of the regulated community, it will be in effect for a
short duration, and the regulations will provide safeguards to ensure
an appropriate level of safety is maintained.
1. Part 61
The FAA is granting temporary regulatory relief from the validity
dates for medical certificates. This relief is further described in
B.1.a and B.3.a. The FAA also recognizes that the inability to complete
a practical test at this time is outside the applicant's control due to
the cessation of practical tests. As a result, the FAA is providing
relief to extend the knowledge test validity period as described in
B.1.b. Finally, because reduced staffing at FAA Flight Standards
offices, as well as stay-at-home advisories, prevented some flight
instructors from renewing their certificate based on activity, FAA is
providing relief to instructors whose certificate expired as described
in B.1.c.
a. Medical Certificates: Requirement and Duration (Sec. Sec. 61.2,
61.23)
Section 61.2(a)(5) states that no person may exercise privileges of
a medical certificate issued under 14 CFR part 67 if the medical
certificate is expired according to the duration standards set forth in
Sec. 61.23(d). Section 61.23(d) states that the duration of a medical
certificate depends on the age of the person on the date of the medical
examination, the duty position in which the person is serving, the type
of operation the person is conducting, and the class of certificate.
On April 1, 2020, the FAA published an Enforcement Policy for
Expired Airman Medical Certificates in the Federal Register (85 FR
18110) notifying the public that the Agency would not take legal
enforcement action against any person serving as a required pilot
flight crewmember or flight engineer based on noncompliance with
medical certificate duration standards. The policy is limited to
specified certificate expiration dates and to operations within U.S.
airspace. The FAA also granted two exemptions relating to the duration
of medical certificates, No. 18516 (Regulatory Docket No. FAA-2020-
0318) and No. 18515 (Regulatory Docket No. FAA-2020-0317) limited to
operations outside U.S. airspace conducted by certain 14 CFR part 119
certificate holders. The FAA is incorporating the relief granted in
those exemptions into this SFAR and expanding it to all pilots to
encompass all operations subject to Sec. Sec. 61.2, 61.23, and
63.3.\63\
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\63\ Because the medical certification requirement for flight
engineers falls under part 63, rather than part 61, the SFAR relief
pertaining to Sec. 63.3 is addressed in Section B.3 of this
preamble.
---------------------------------------------------------------------------
Under the extraordinary circumstances of the COVID-19 outbreak, the
FAA has determined that it is not appropriate at this time to maintain
the requirement of an FAA medical examination, which is a nonemergency
medical service, in order for pilots with expiring medical certificates
to obtain new medical certificates. Aviation medical examinations
increase the risk of
[[Page 26336]]
transmission of the virus through personal contact between the
physician and the applicant for a medical certificate. Even as routine
activity begins to resume, the disruption to medical examinations may
continue.
The FAA notes that the provisions of this SFAR do not extend to the
requirements of Sec. 61.53 regarding prohibition on operations during
medical deficiency. These prohibitions remain critical for all pilots
to observe, especially given the policy of emergency accommodation
announced here and the health threat of COVID-19. Accordingly, the FAA
emphasizes that under Sec. 61.53, no person who holds a medical
certificate issued under 14 CFR part 67 may act as a required pilot
flight crewmember while that person:
(1) Knows or has reason to know of any medical condition that would
make the person unable to meet the requirements for the medical
certificate necessary for the pilot operation; or
(2) is taking medication or receiving other treatment for a medical
condition that results in the person being unable to meet the
requirements for the medical certificate necessary for the pilot
operation.
The FAA has determined that pilots may operate beyond the validity
period of their medical certificate for a limited time without creating
a risk to aviation safety that is unacceptable under the extraordinary
circumstances surrounding the COVID-19 outbreak. For the reasons cited,
for medical certificates that expire from March 31, 2020 through May
31, 2020, the FAA is extending the validity period of these medical
certificates to June 30, 2020.
b. Prerequisites for Practical Tests (Sec. 61.39)
Section 61.39 establishes the eligibility requirements for an
applicant seeking to take a practical test for a certificate or rating
issued under part 61. Among these requirements, an applicant must have
passed the required FAA knowledge test within a specified period of
time. With the exception of the multiengine airplane airline transport
pilot (ATP) certificate, FAA knowledge tests are valid for 24 calendar
months.\64\ The multiengine airplane ATP knowledge test is valid for
sixty calendar months.\65\
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\64\ Section 61.39(a)(1)(i) requires the applicant to have
passed the required knowledge test within the 24-calendar month
period preceding the month the applicant completes the practical
test, if a knowledge test is required.
\65\ Section 61.39(a)(1)(ii) requires the applicant to pass the
required knowledge test within the sixty-calendar month period
preceding the month the applicant completes the practical test for
those applicants who complete the ATP certification training program
in Sec. 61.156 and pass the knowledge test for an ATP certificate
with a multiengine class rating after July 31, 2014.
---------------------------------------------------------------------------
As a result of the COVID-19 outbreak, an applicant may not have
been able to complete a practical test, as planned, prior to the
expiration of his or her knowledge test. The majority of practical
tests, if not all, have been temporarily suspended or cancelled. Most
examiners are unwilling to provide testing until State and Federal
public health measures have been lifted. Knowledge testing centers
delivered more than 60,000 knowledge tests between March and June
2018.\66\ Although the FAA does not know the number of applicants who
have subsequently completed the practical test, the number of test
results set to expire during this time period could be significant.
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\66\ FAA Regulatory Support Division provided knowledge test
data from their Airman Testing Standards database.
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If an applicant's knowledge test expires before he or she can
complete the practical test, that applicant is required to pass another
knowledge test prior to completing the practical test. It costs a
person $96-160 per test,\67\ depending upon the testing location, to
take an FAA knowledge test. Therefore, requiring a person whose
knowledge test result expired during the COVID-19 outbreak to take
another knowledge test would result in an additional economic burden on
the applicant.
---------------------------------------------------------------------------
\67\ FAA Regulatory Support Division provided knowledge test
cost information on April 14, 2020.
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Where avoidable, it is not in the public interest to induce persons
to attempt to complete a practical test, contrary to social distancing
guidelines, solely to avoid an economic burden resulting from
expiration of their knowledge test.
The FAA has determined, under the extraordinary circumstances of
the COVID-19 outbreak, that it is necessary to provide reasonable
regulatory relief to the specific class of individuals who have
knowledge tests expiring between March 2020 and June 2020. To ensure
these individuals are not penalized by having to take another knowledge
test, the FAA is extending the validity of knowledge tests by a
duration of three calendar months. Therefore, this SFAR will allow an
individual who has a knowledge test expiring between March 2020 and
June 2020 to present the expired knowledge test to show eligibility
under Sec. 61.39(a)(1) to take a practical test for a certificate or
rating issued under part 61 for an additional three calendar
months.\68\
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\68\ Except for a multiengine ATP knowledge test, a knowledge
test taken for a pilot certificate or rating in May 2018 would
expire in May 2020. With the relief in this SFAR, the passing
knowledge test results are valid until August 2020.
---------------------------------------------------------------------------
In addition to passing a knowledge test, the eligibility
requirements for taking a practical test require an applicant to
satisfactorily accomplish the required training and obtain the
aeronautical experience required for the certificate or rating
sought.\69\ The regulations also require the applicant to have received
flight training from an authorized instructor in preparation for the
practical test within the two months preceding the month of the
test.\70\ The authorized instructor must endorse the applicant's
logbook or training record certifying that the applicant has received
and logged this training and is prepared for the required practical
test.\71\ While this SFAR will allow certain individuals to use an
expired knowledge test, the other requirements in part 61 will ensure
the individual is prepared for the practical test, and the evaluator
administering the practical test will have the opportunity to determine
whether the person is qualified to hold the certificate.\72\ Under the
extraordinary circumstances of the COVID-19 outbreak, and because the
relief applies to a specific group of individuals and is limited in
duration, the FAA has determined that these regulatory requirements
will provide sufficient assurance that there will be no adverse impact
to safety.
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\69\ 14 CFR 61.39(a)(3).
\70\ 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313.
\71\ 14 CFR 61.39(a)(6).
\72\ The regulations require the applicant to pass the practical
test on the areas of operation required for the certificate or
rating sought. 14 CFR 61.96(b)(7), 61.103(h), 61.123(g), 61.153(h),
61.165(e)(4) and (f)(5), 61.183(h), 61.307(b), 61.405(b)(2).
---------------------------------------------------------------------------
c. Renewal Requirements for Flight Instructor Certification (Sec.
61.197)
Unlike other airman certificates, flight instructor certificates
have expiration dates. Section[thinsp]61.197 establishes renewal
requirements for flight instructor certificates. In accordance with
paragraph (a), a person who holds a flight instructor certificate that
has not expired may renew that flight instructor certificate through
various methods. Generally, a flight instructor must renew his or her
certificate every 24 calendar months.\73\
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\73\ Section 61.197(a)(1) permits a flight instructor to renew
automatically by passing a practical test for a current instructor
rating or an added instructor rating.
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Section 61.197(a)(2) offers four methods for renewal that require
submitting a completed and signed application with the FAA. The
application can be submitted in the
[[Page 26337]]
renewal month or up to three calendar months preceding the renewal
month. Section 61.197(a)(2) requires the flight instructor to
satisfactorily complete one of the following renewal requirements:
Train and endorse at least five students for a practical
test for a certificate or rating during the preceding 24 calendar
months with at least 80 percent of those students passing on the first
attempt;
serve, within the preceding 24 calendar months, as a
company check pilot, chief flight instructor, company check airman, or
flight instructor in a part 121 or 135 operation, or in a position
involving the regular evaluation of pilots;
successfully complete an approved flight instructor
refresher course (FIRC), either in-person or online, within the
preceding three calendar months preceding the expiration date of the
certificate; or
pass, within the preceding 24 calendar months, an official
U.S. Armed Forces military instructor pilot or pilot examiner
proficiency check in an aircraft for which the military instructor
already holds a rating or in an aircraft for an additional rating.
A flight instructor certificate will expire if the flight
instructor fails to comply with the renewal requirements set forth in
Sec. 61.197. The holder of an expired flight instructor certificate
who has not complied with the renewal requirements may reinstate that
flight instructor certificate and ratings only by passing a practical
test for one of the ratings held on the flight instructor certificate
or for an additional rating.\74\
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\74\ 14 CFR 61.199.
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The COVID-19 outbreak has disrupted certificated flight
instructors' plans for renewing their certificates using the methods
prescribed in Sec. 61.197(a)(2). For example, a flight instructor may
have enrolled in an in-person FIRC that was subsequently cancelled due
to stay-at-home advisories. Additionally, flight instructors who have
satisfactorily completed one of the renewal requirements in Sec.
61.197(a)(2)(i), (ii), or (iv) may be unable to travel to an FAA Flight
Standards office to present records demonstrating eligibility for
renewal.
During the COVID-19 outbreak, the FAA recommends that flight
instructors take advantage of the option to renew their flight
instructor certificates by satisfactorily completing an online FIRC in
accordance with Sec. 61.197(a)(2)(iii).\75\ The FAA recognizes,
however, that this is not an equitable option for all flight
instructors as certain flight instructors may have already satisfied a
renewal requirement other than a FIRC. For example, a flight instructor
may have already trained and endorsed at least five students in the
preceding 24 calendar months with an 80 percent pass rate.
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\75\ There are seven existing FIRCs that are taught using an
online platform that require no face-to-face contact. Those online
FIRC providers also offer Airman Certification Representative (ACR)
services. These ACRs are authorized to renew a flight instructor
certificate after successful completion of their FIRC.
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The FAA has therefore determined, under the extraordinary
circumstances of the COVID-19 outbreak, that flight instructors who
satisfy a renewal requirement listed in Sec. 61.197(a)(2)(i), (ii), or
(iv) should not be required to also complete an online FIRC, which is
an additional economic burden, simply because the flight instructor is
unable to process his or her renewal at an FAA Flight Standards office.
Accordingly, to accommodate flight instructors who have flight
instructor certificates expiring between March 31, 2020 and May 31,
2020, the FAA is extending the validity of these flight instructor
certificates until June 30, 2020. Therefore, under this SFAR, a flight
instructor who has a certificate expiring in March, April, May, or June
2020 may submit a completed and signed application with the FAA and
show satisfactory completion of the one of the renewal requirements
listed in Sec. 61.197(a)(2)(i) through (iv) until June 30, 2020. A
person who renews his or her flight instructor certificate during this
grace period will retain the original expiration month on the flight
instructor certificate. For example, if a person's flight instructor
certificate expires in March 31, 2020, and that person renews his or
her flight instructor certificate in accordance with this SFAR in June
2020, that person's renewed flight instructor certificate will still
expire on March 31, 2022.
After June 30, 2020, a flight instructor who holds an expired
flight instructor certificate must reinstate that certificate in
accordance with Sec. 61.199.
2. Relief for U.S. Military and Civilian Personnel Who Are Assigned
Outside the United States in Support of U.S. Armed Forces Operations
(SFAR 100-2)
SFAR 100-2 allows the FAA Flight Standards offices to accept
expired flight instructor certificates and inspection authorizations
for renewals and expired airman written test reports for certain
practical tests from U.S. military and civilian personnel (U.S.
personnel) who are assigned outside the United States in support of
U.S. Armed Forces operations. SFAR 100-2 is necessary to avoid
penalizing U.S. personnel who are unable to meet the regulatory time
limits of their flight instructor certificate, inspection
authorization, or airman written test report because they are serving
outside the United States in support of U.S. Armed Forces operations
when they expire. The effect of SFAR 100-2 is to give U.S. personnel
who are assigned outside the United States in support of U.S. Armed
Forces operations extra time to meet certain eligibility requirements
in the current rules.
Due to social distancing guidelines and stay-at-home advisories,
persons affected by this SFAR may not be able to comply with paragraph
2.(c) of SFAR 100-2, which states the person must comply with Sec.
61.197 or Sec. 65.93, as appropriate, or complete the appropriate
practical test within six calendar months after returning to the United
States. Therefore, under the extraordinary circumstances of the COVID-
19 outbreak, the FAA is extending the relief granted by SFAR 100-2 by
an additional three calendar months for eligible persons who returned
to the U.S. from deployment in October 2019 through March 2020. This
relief will enable those persons to complete the requirements of
paragraph 2.(c) within nine calendar months after returning to the
United States.\76\ If a person returns from deployment after March
2020, that person must comply with SFAR-100-2.
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\76\ A person who otherwise meets the eligibility requirements
in SFAR 100-2 who returned from deployment in November 2019 will now
have until August 2020 to complete the desired certificate
requirements instead of completing them in May 2020.
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3. Part 63
As previously described, the FAA has determined to grant temporary
relief from the expiration of medical certificates to provide
additional time for airmen to accomplish medical examinations and
obtain new medical certificates. Similarly, medical relief for flight
engineers is necessary as described in B.3.a. Extending knowledge test
passing results for flight engineers is also necessary and explained in
B.3.b.
a. Certificates and Ratings Required (Sec. 63.3)
Section 63.3(b) states that a person may act as a flight engineer
of an aircraft only if that person holds a current second-class medical
certificate issued to that person under 14 CFR part 67. For the reason
previously stated in section
[[Page 26338]]
B.1.a and subject to the same conditions and limitations, the FAA has
determined that flight engineers may operate beyond the validity period
of their medical certificate for a limited time without creating a risk
to aviation safety that is unacceptable under the extraordinary
circumstances surrounding the COVID-19 outbreak. Accordingly, for
medical certificates that expire from March 31, 2020 through May 31,
2020, the FAA is extending the validity period of these medical
certificates to June 30, 2020.
The FAA notes that the provisions of this SFAR do not extend to the
requirements of Sec. 63.19 regarding prohibition on operations during
physical deficiency. These prohibitions remain critical for all flight
engineers to observe, especially given the policy of emergency
accommodation announced here and the health threat of COVID-19.
Accordingly, the FAA emphasizes that under Sec. 63.19, no person who
holds a medical certificate issued under 14 CFR part 67 may serve as a
flight engineer during a period of known physical deficiency, or
increase in physical deficiency, that would make him or her unable to
meet the physical requirements for his or her current medical
certificate.
b. Flight Engineer Knowledge Requirements (Sec. 63.35)
Section 63.35 establishes the knowledge requirements for a person
seeking a flight engineer certificate. Paragraph (d) states the
applicant for a flight engineer certificate or rating must have passed
the written tests required by paragraphs (a) and (b) since the
beginning of the 24th calendar month before the month in which the
flight is taken.\77\
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\77\ Exceptions to the 24 calendar month limitation are
prescribed in paragraphs (d)(1) for applicants employed as a flight
crewmember or mechanic by an air carrier; or (d)(2) for applicants
that participated in a military flight engineer or maintenance
program.
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For the reasons discussed in section B.1.b of this preamble and
subject to the same condition and limitations, the FAA is also
providing relief to persons seeking a flight engineer certificate under
part 63 who have written tests expiring between March 2020 and June
2020. Consistent with the relief provided to pilot applicants under
part 61, the FAA is extending the validity of written tests under part
63 for a duration of three calendar months. The FAA finds, under the
extraordinary circumstances of the COVID-19 outbreak, that this relief
will not adversely affect safety because it is narrowly focused on a
small segment of the regulated community, it will be in effect for a
short period of time, and the regulations will provide adequate
safeguards to ensure an appropriate level of safety is maintained.
4. Part 65
As described for pilots and flight engineers, extending knowledge
test and written test results for aircraft dispatchers and mechanics,
respectively, is also warranted and further described in B.4.a. and
B.4.b. The ability for some mechanics to renew their inspector
authorization (IA) has also been made more difficult as a result of the
COVID-19 outbreak; therefore, the FAA is extending relief to eligible
persons as described in B.4.c. Finally, the ability for former military
parachute riggers to apply for a senior parachute rigger certificate is
temporarily difficult, resulting in some limited relief as described in
B.4.d.
The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that the relief provided to part 65 airmen will not
adversely affect safety because it is narrowly focused on a small
segment of the regulated community, it will be in effect for a short
period of time, and the regulations will provide adequate safeguards to
ensure an appropriate level of safety is maintained.
a. Dispatcher Knowledge Requirements (Sec. 65.55)
Section 65.55 establishes the knowledge requirements for a person
seeking an aircraft dispatcher certificate. Paragraph (b) requires the
applicant for an aircraft dispatcher certificate to present passing
knowledge test results within the preceding 24 calendar months.
For the reasons discussed in section B.1.b and subject to the same
conditions and limitations, the FAA, under the extraordinary
circumstances of the COVID-19 outbreak, is also providing relief to
persons seeking an aircraft dispatcher certificate under part 65 who
have knowledge tests expiring between March 2020 and June 2020.
Therefore, consistent with the relief provided to pilot applicants
under part 61 and flight engineer applicants under part 63, the FAA is
extending the validity of knowledge tests under Sec. 65.55 for a
duration of three calendar months. Accordingly, an individual who has a
knowledge test expiring between March 2020 and June 2020 may present
the expired knowledge test to show eligibility under Sec. 65.55 to
take a practical test for an aircraft dispatcher certificate for a
period of three calendar months.
b. Eligibility Requirements: General (Sec. 65.71)
Section 65.71 establishes the eligibility requirements for a
mechanic certificate and associated ratings. Paragraph (a)(3) requires
an applicant to have passed all of the prescribed tests within a period
of 24 months from the initiation of testing. Testing for a FAA mechanic
certificate includes three tests, which are the written, oral, and
practical.\78\ Section 65.75 establishes the knowledge requirements,
including the requirement to pass a written test. Section 65.79
contains the skill requirements, including the requirement to pass an
oral and practical test. Additionally, Sec. 65.71(b) requires a
certificated mechanic who applies for an additional rating to meet the
experience requirements of Sec. 65.77 and, within a period of 24
months, pass the written test required by Sec. 65.75 and the oral and
practical tests required by Sec. 65.79 for the additional rating
sought.
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\78\ Under part 65, subpart D, the FAA may issue an airframe or
powerplant rating. 14 CFR 65.73.
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For the reasons discussed in section B.1.b of this preamble, the
FAA, under the extraordinary circumstances of the COVID-19 outbreak, is
also providing relief to persons seeking a mechanic certificate or
rating issued under part 65 who have testing periods expiring between
March 2020 and June 2020. Therefore, consistent with the relief
provided under parts 61 and 63, the FAA is extending the validity of
the testing period under Sec. 65.71 for a duration of three months.
Accordingly, an individual who has a testing period expiring in March,
April, May, or June 2020 may show eligibility under Sec. 65.71 to take
a practical test for a mechanic certificate or rating provided the
testing period does not exceed 27 months.\79\
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\79\ If a testing period was to expire on April 30, 2020, this
SFAR extends the testing period to July 31, 2020.
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c. Inspection Authorization: Renewal (Sec. 65.93)
There are more than 30,000 FAA-certificated mechanics \80\ that
hold inspection authorizations (IA), which enable them to perform vital
aircraft maintenance services to the general aviation community. With
the exception of any aircraft maintained in accordance with a
continuous airworthiness program under part 121, mechanics with IA can
inspect and approve for return to service any aircraft or related part
or appliance after a major repair or major alteration to it if the work
was done in accordance with technical data
[[Page 26339]]
approved by the FAA.\81\ The COVID-19 outbreak has posed a challenge
for some of these mechanics to meet their renewal requirements under
Sec. 65.93.
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\80\ Information provided by the FAA Aircraft Maintenance
Division on April 10, 2020.
\81\ See 14 CFR 65.95(a) (containing inspection authorization
privileges and limitations) and 43.7(b) (specifying persons
authorized to approve aircraft, airframes, aircraft engines,
propellers, appliances, or component parts for return to service
after maintenance, preventive maintenance, rebuilding, or
alteration).
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Each inspection authorization expires on March 31st of each odd-
numbered year.\82\ However, a person holding an IA may only exercise
the privileges of an IA if that person meets one of the annual activity
requirements for each year of the two-year IA renewal period under
Sec. 65.93. The annual activity requirements prescribed in Sec.
65.93(a) are: (1) Perform at least one annual inspection for each
ninety days that the applicant held the current authority; (2) perform
at least two major repairs or major alterations for each ninety days
the applicant held the current authority; (3) perform or supervise and
approve at least one progressive inspection; (4) complete an IA
refresher course; or (5) pass an oral test by the FAA.
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\82\ The next IA renewal is in March 2021. An IA must provide
evidence of activity for the even year (April 2019-March 2020 and
the odd year (April 2020-March 2021) in order to renew in March
2021.
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As a result of the COVID-19 outbreak, general aviation flight hours
have declined dramatically, causing a reduction in aircraft
maintenance. In some localities, many aircraft maintenance facilities
are closed. The closure of these facilities could make the IA renewal
option of conducting major repair and alterations, annual inspections,
and progressive inspections extremely difficult to accomplish. In
addition, a majority of FAA-sponsored IA renewal seminars, which are
typically held in-person at local FAA offices, were cancelled in March
2020. Finally, in person staffing at Flight Standards offices has been
reduced with a majority of the employees teleworking, which has made
the oral testing option more challenging. The only remaining option was
to complete an IA refresher course online. Due to the confusion and
uncertainty surrounding the COVID-19 outbreak, many mechanics may have
been caught off-guard and without a plan to meet their annual
requirement. If an IA holder was unable to meet the annual activity
requirement for the 2019/2020 calendar year, he or she would not be
eligible to renew in March of 2021, and the only option to regain the
authorization would be by retaking and passing the FAA written test and
an oral test.
The FAA has decided, under the extraordinary circumstances of the
COVID-19 outbreak, to provide relief for IA holders that were unable to
meet the first year (even-numbered year) renewal requirements by March
2020 as prescribed in Sec. 65.93. The extension provides an IA holder
an additional three months (April-June 2020) to complete one of the
listed activities in accordance with Sec. 65.93(a)(1) through (5) to
meet the first year renewal requirements. Consistent with the
prohibition in Sec. 65.93(c), an IA holder who has not met one of the
five activities in Sec. 65.93(a)(1) through (5) by June 30, 2020, may
not exercise IA privileges after June 30, 2020. A person who has
completed one of the listed activities in accordance with Sec.
65.93(a)(1) through (5) by June 30, 2020, will be considered to have
completed it by March 31, 2020, (first year of 2-year IA period) for
the purposes of determining compliance with the renewal requirements of
Sec. 65.93(a).
The FAA emphasizes, however, that an activity performed between
April and June 2020 to satisfy the first year renewal requirements
under this SFAR cannot also be used to meet the year two renewal
requirements. An IA holder is still required to complete one of the
five activities specified in Sec. 65.93(a)(1) through (5) by March 31,
2021 to satisfy the renewal requirements for the second year of the
two-year period. The requirements in Sec. 65.93(a)(1) and (2), which
require the activity to be performed ``each 90 days,'' do not mean the
requirement must be completed each quarter. The requirement only sets
the number of activities that an applicant must perform during the
renewal period (since an applicant may not have held their rating for
an entire year). Accordingly, these activities could be performed at
any point during the renewal period.\83\ For this reason, the FAA has
determined it is unnecessary to provide relief to individuals who are
unable to meet these activities during the COVID-19 outbreak in the
second-year renewal period because they are still able to comply with
the requirements thereafter.
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\83\ Legal Interpretation to Mr. Rhein (Mar. 17, 1995) at:
https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/?year=all&q=Rhein&bSubmit=Search.
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d. Military Riggers or Former Military Riggers: Special Certification
Rule (Sec. 65.117)
Parachute riggers provide a vital service to the parachuting
industry to include firefighting smoke jumpers and other operations.
Former military parachute riggers are essential to these operations. A
special certification has been granted to military or former military
parachute rigger applicants for a senior parachute rigger certificate
under Sec. 65.117. A military applicant is required to pass a written
test, present evidence of current or past military experience within
the previous twelve months where he or she has served as a parachute
rigger in the military,\84\ and have the experience packing parachutes
as prescribed in Sec. 65.115(a).\85\
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\84\ Section 65.117(a) states the military applicant must be a
member or civilian employee of an Armed Force of the United States,
or is a civilian employee of a regular armed force of a foreign
country, or has, within the 12 months before he or she applies, been
honorably discharged or released; is serving, or has served within
the 12 months before he or she applies, as a parachute rigger for
such an Armed Force.
\85\ Section 65.115(a) requires the applicant to present
evidence that he has packed at least 20 parachutes of each type for
which he seeks a rating, in accordance with the manufacturer's
instructions and under the supervision of a certificated parachute
rigger holding a rating for that type or a person holding an
appropriate military rating.
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Reduced staffing at Flight Standards offices, public health
guidelines for social distancing, and travel restrictions in some
localities significantly diminish a former military parachute rigger's
ability to apply for a senior parachute rigger certificate within the
prescribed twelve-month requirement under Sec. 65.117. As a result,
under the extraordinary circumstances of the COVID-19 outbreak, the FAA
is extending the period for former military parachute riggers to apply
for a senior parachute rigger certificate by three months. Eligible
persons are those former members or former civilian employees of an
Armed Force of the United States or former civilian employees of a
regular armed force of a foreign country who were honorably discharged
or released beginning in March 2019 through June 2019.\86\ The
extension provides these applicants a total time of fifteen months to
submit their application to the responsible Flight Standards office.
The applicant must meet all applicable requirements prior to
application within the extended deadline.
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\86\ If a military parachute rigger was released in May 2019,
that person will now have until August 2020 to apply for a senior
parachute rigger certificate.
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5. Part 141
a. Requirements for a Pilot School Certificate (Sec. 141.5)
An applicant for a pilot school certificate must meet the
requirements of Sec. 141.5 within the preceding 24 calendar months
before the date that application is made for that pilot school
[[Page 26340]]
certificate. As part of the provisional pilot school approval process,
the FAA is required to inspect training equipment, inspect training
facilities, and approve training course outlines and their associated
syllabi, and additionally all chief instructors and assistant chief
instructors are required to have a proficiency test performed by an FAA
Aviation Safety Inspector to ensure Sec. 141.5(c) is met. Paragraphs
(d) and (e) require the school to have an 80 percent pass rate of its
applicants for practical tests and ratings, and the school must have
graduated at least ten different people from the school's approved
training courses. If a provisional pilot school does not meet the
requirements of Sec. 141.5(d) and (e), its provisional status cannot
be renewed and the school must cease operations.\87\ Many areas
throughout the U.S. are under stay-at-home advisories, which prevent
flight training activities, and many colleges and universities with
aviation programs have cancelled classes for the remainder of the
academic year. The inability for pilot schools and provisional pilot
schools to graduate students from their programs jeopardizes their
ability within the 24 calendar month timeframe to meet the 80 percent
pass rate of their applicants for knowledge tests, practical tests, and
end-of-course tests for special curriculum courses and courses approved
under appendix K of part 141, and graduate at least ten different
people from the school's approved training courses. Therefore, under
the extraordinary circumstances of the COVID-19 outbreak, the FAA is
providing provisional pilot schools \88\ whose 24 calendar-month window
expires in April through June 2020, until December 31, 2020, to meet
Sec. 141.5(d) and (e), subject to the following conditions for
provisional pilot schools taking advantage of this relief:
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\87\ Currently there are 32 provisional pilots schools with
three provisional pilot schools that are Institutions of Higher
Education (IHE), as defined by the Department of Education in 34
Code of Federal Regulation (CFR) 600.4. The IHEs provide semester
credit hours of aviation and aviation-related coursework that have
been recognized by the Administrator as coursework designed to
improve and enhance the knowledge and skills of a person seeking a
career as a professional pilot. Currently there are 125 part 141
pilot schools that hold an air agency certificate. Out of these 125
pilot schools, there are 45 associated with IHEs. There are 67 pilot
school and provisional pilot school certificates with an expiration
date between April and June 2020.
\88\ Pilot school certificate renewals are addressed in B.5.b.
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(1) Each part 141 provisional pilot school must notify its
responsible Flight Standards office that it is applying for a pilot
school certificate in accordance with this SFAR.
(2) In this notification, the part 141 provisional pilot school
must submit an acceptable plan that explains the method to meet the
requirements of Sec. 141.5(d) and (e), which includes ensuring each
instructor used for ground or flight training is current and proficient
and evaluating students to determine if they are assigned to the proper
stage of the training course and if additional training is necessary.
b. Renewal of Certificates and Ratings (Sec. 141.27)
Section 141.27 requires all part 141 schools to renew their pilot
school certificates every 24 calendar months. A provisional pilot
school, in accordance with paragraph (b), must obtain a pilot school
certificate by the end of the 24 months since the date of the issuance
of its pilot school certificate. Otherwise, its pilot school
certificate expires. Should it expire, the provisional pilot school
cannot apply for another provisional pilot school certificate for 180
days. Section 141.27 also requires a pilot school to comply with
training ability and quality standards established in Sec. 141.5--that
is, the pass rate of its applicants for practical tests and the number
of graduates as described in B.5.a.
During the COVID-19 outbreak, many part 141 schools have ceased
flight operations for their students. Some schools are utilizing online
classroom instruction for the ground content of a course. However, not
all part 141 schools may be capable of providing ground instruction
online. The FAA has determined, under the extraordinary circumstances
of the COVID-19 outbreak, that it is appropriate to allow pilot schools
additional time to meet the requirements of Sec. 141.5.
Pilot school certificates with an expiration date of April 2020
\89\ through June 2020, are extended to December 31, 2020, subject to
the following conditions for pilot schools taking advantage of this
relief:
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\89\ Because all part 141 pilot schools that were due to renew
in March 2020 were able to do so, relief for March 2020 is not
necessary.
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(1) Each part 141 pilot school must notify its responsible Flight
Standards office that it will renew its pilot school certificate in
accordance with this SFAR.
(2) In this notification, the part 141 pilot school must submit an
acceptable plan that explains the method to regain currency that
includes ensuring each instructor used for ground or flight training is
current and proficient and evaluating students to determine if they are
assigned to the proper stage of the training course and if additional
training is necessary.
C. Other Relief for Special Flight Permits (Sec. 21.197)
Section 21.197(c) states in part, ``. . . a special flight permit
with a continuing authorization may be issued for aircraft that may not
meet applicable airworthiness requirements, but are capable of safe
flight for the purpose of flying aircraft to a base where maintenance
or alterations are to be performed . . .''
Due to the COVID-19 outbreak and restrictions on flights, airlines
have significantly reduced capacity in the National Airspace System
(NAS). As domestic airlines work to find space to park much of their
fleets, airport operators are working to find locations to support
temporary overflow aircraft. Because extensive overflow parking
presents an extraordinarily unusual operational environment and may
adversely affect safety, it is helpful during this time for operators
to have the ability to ferry aircraft to different points of storage.
Relief for Sec. 21.197(c) is necessary to allow certificate
holders or operators, authorized to conduct operations under part 119
or under subpart K of part 91, to ferry aircraft that may not meet all
airworthiness requirements, but are capable of safe flight, to a point
of storage.
In order to fly an aircraft that may not meet applicable
airworthiness requirements but is capable of safe flight to a point of
storage, a special flight permit must be issued under Sec.
21.197(a)(1) for each affected aircraft.
The number of aircraft that are and may become affected due to
personnel and logistical issues resulting from the COVID-19 outbreak
will place a significant burden on certificate holders and operators as
well as the responsible FAA Flight Standards offices that oversee them.
Further, issuance of individual special flight permits by the FAA in a
timely manner may not be feasible.
Under the extraordinary circumstances presented by the COVID-19
outbreak, the FAA will allow a special flight permit with continuing
authorization to be issued for the purpose of flying the aircraft to a
point of storage through December 31, 2020. By allowing these permits
to be issued with continuing authorization through December, a majority
of operators will have the opportunity to move the bulk of their
aircraft to a point of storage. The FAA expects the volume of aircraft
that
[[Page 26341]]
require movement to storage to return to a manageable level in 2021.
Therefore, certificate or management specification holders that have a
special flight permit with continuing authorization to conduct a ferry
flight program may include the purpose of flying the aircraft to a
point of storage in their program. To provide an acceptable level of
safety, the certificate holder exercising this privilege must notify
the responsible Flight Standards office each time the certificate
holder uses it.
IV. Regulatory Notices and Analyses
Changes to Federal regulations must undergo several analyses.
First, Executive Orders 12866 and 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), as codified in
5 U.S.C. 603 et seq., requires agencies to analyze the economic impact
of regulatory changes on small entities. Third, the Trade Agreements
Act of 1979 (Pub. L. 96-39), as codified in 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements 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), as codified in 2 U.S.C. Chapter 25, 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). The FAA also analyzes this regulation under the Paperwork
Reduction Act. This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
In conducting these analyses, the FAA has determined this rule is
not a significant regulatory action, as defined in section 3(f) of
Executive Order 12866. As notice and comment under 5 U.S.C. 553 are not
required for this final rule, the regulatory flexibility analyses
described in 5 U.S.C. 603 and 604 regarding impacts on small entities
are not required. This rule will not create unnecessary obstacles to
the foreign commerce of the United States. This rule will not impose an
unfunded mandate on State, local, or tribal governments, or on the
private sector, by exceeding the threshold identified previously. In
order to take advantage of the relief from this SFAR, this rule will
result in a one-time collection of information for affected operators
and pilot schools to submit plans to mitigate safety risks and ensure
proficiencies.
A. Regulatory Evaluation
i. Safety and Regulatory Relief Benefits
The provisions in this final rule provide temporary relief to
persons who are unable to meet certain requirements during the COVID-19
outbreak and prevents persons from encountering situations that would
unnecessarily increase the risk of transmission of the virus through
personal contact. Without this final rule, certain pilots who perform
critical operations would not be able to continue flying due to their
inability to satisfy certain training, recency, testing and checking
requirements, or would attempt to satisfy requirements by means
contrary to the national social distancing guidelines to avoid economic
burdens resulting from non-compliance with FAA regulations. Providing
accommodation for such pilots is especially important, as because of
the COVID-19 outbreak, essential operations are likely to face
disruption due to a decreased supply of pilots, including pilots who
may need to self-quarantine due to exposure to the virus or because
they are among the population that the Centers for Disease Control and
Prevention (CDC) has identified as high risk. Additionally, each month,
a new group of pilots will be unavailable to perform essential
operations because they cannot comply with certain training, recency,
testing, or checking requirements during the course of the outbreak. To
ensure the continuity of essential operations during the COVID-19
outbreak, this SFAR provides relief to certain individuals whose
qualifications would otherwise lapse, thereby supporting the
availability of qualified pilots to conduct essential operations. This
relief allows operators to continue to use pilots and other crewmembers
in support of essential operations.\90\
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\90\ This rule also allows certain air carriers and operators to
fly temporary overflow aircraft, a need resulting from the COVID-19
outbreak, to a point of storage pursuant to a special flight permit
with a continuing authorization.
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Additionally, this relief applies to some operations conducted by
pilots exercising private pilot privileges, provided the pilot has at
least 500 hours of total time as a pilot of which 400 hours is as PIC
with 50 of the PIC hours accrued in the last twelve calendar months. As
previously discussed, the kinds of operations permitted include, but
are not limited to, flights to transport essential goods and/or medical
supplies to support public health needs. This SFAR also extends to
pilots conducting charitable medical flights for a volunteer pilot
organization pursuant to an exemption issued under part 11, provided
the pilots continue to comply with the conditions and limitations of
the exemption.
This rule also provides relief for U.S. military and civilian
personnel assigned outside the United States in support of U.S. Armed
Forces Operations. It allows the FAA Flight Standards offices to accept
expired flight instructor certificates and inspection authorizations
for renewals and expired airman written test reports for certain
practical tests. This avoids penalizing U.S. personnel who are unable
to meet the regulatory time limits of their flight instructor
certificates, inspection authorizations, or airman written test reports
because they are serving outside the United States in support of U.S.
Armed Forces operations when they expire, giving affected U.S.
personnel extra time to meet certain eligibility requirements in the
current rules.
In addition to pilots, this rule provides temporary relief to other
persons such as flight attendant crewmembers, aircraft dispatchers,
flight engineers, mechanics, flight instructors, ground instructors,
and schools. This relief extends to flight attendant crewmembers, check
pilots, and flight instructors under subpart K of part 91, and part
125. Finally, this relief applies to operations conducted under part
107 by a person who holds a remote pilot certificate issued under part
107.
ii. Costs To Utilize Relief
This SFAR will result in small costs for affected operators and
pilot schools to notify the FAA and submit plans to mitigate safety
risks and ensure proficiencies. In order to utilize the relief provided
by this SFAR, an affected certificate holder or A125 LODA holder must
provide a plan to its assigned FAA principal operations inspector. The
plan is to contain a safety analysis and corresponding risk mitigations
and methods to ensure that each crewmember remains adequately tested
and currently proficient for each aircraft, duty position, and type of
operation in which the person serves. Similarly, part 91 management
specifications holders must also conduct a safety analysis and provide
appropriate mitigations in a plan to their FAA principal inspector that
[[Page 26342]]
addresses potential risks introduced by extending crewmember, check
pilot, and flight instructor qualifications, training, and checking.
The plan must ensure crewmembers remain adequately trained and
currently proficient for each aircraft, crewmember position, and type
of operation in which the crewmember serves.
In addition, pilot schools or provisional pilot schools taking
advantage of this relief will incur small costs to notify their
responsible Flight Standards offices that they will renew certificates
in accordance with this SFAR and submit a plan that explains the
methods to regain currency and to ensure the training of their
instructors and students is current and proficient.
The FAA expects these plans to contain existing information
maintained by affected operators and pilot schools. The FAA does not
expect these plans to be burdensome.
Therefore, the FAA expects the benefits of this action exceed the
costs since it provides immediate relief to enable operators to
continue to use pilots and other crewmembers in support of essential
operations. As a result, this SFAR will reduce disruption to the
continuity of essential services in response to the COVID-19 outbreak.
This SFAR also provides immediate relief from certain duration and
renewal requirements to reduce unnecessary risk of exposure and to
assure persons that they will not endure economic burdens due to non-
compliance with certain regulations.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553, or any other law, to publish a general notice of proposed
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an
agency to prepare a final regulatory flexibility analysis when an
agency issues a final rule under 5 U.S.C. 553, after being required by
that section or any other law to publish a general notice of proposed
rulemaking. The FAA found good cause to forgo notice and comment and
any delay in the effective date for this rule. As notice and comment
under 5 U.S.C. 553 are not required in this situation, the regulatory
flexibility analyses described in 5 U.S.C. 603 and 604 are not
required.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 this Act, 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 its purpose has a legitimate domestic objective to
promote the continuity and safety of U.S. civil aviation from risks of
the COVID-19 outbreak while supporting essential services necessary to
fight the outbreak. Therefore, the FAA has determined this final rule
complies with the Trade Agreements Act of 1979.
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 $155 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.
As previously discussed, in order to utilize the temporary relief
provided by this SFAR, an affected certificate holder or A125 LODA
holder must provide a plan to its assigned FAA principal operations
inspector. The plan is to contain a safety analysis and corresponding
risk mitigations and methods to ensure that each crewmember remains
adequately tested and currently proficient for each aircraft, duty
position, and type of operation in which the person serves. Part 91
management specifications holders must also conduct a safety analysis
and provide appropriate mitigations in an acceptable plan to their FAA
principal inspector that addresses potential risks introduced by
extending crewmember, check pilot, and flight instructor
qualifications, training, and checking. The plan must ensure
crewmembers remain adequately trained and currently proficient for each
aircraft, crewmember position, and type of operation in which the
crewmember serves.
The FAA estimates that of the 69 part 125 certificate holders and
A125 LODA holders, all would avail themselves of the relief provided by
this SFAR, and therefore would be required to provide mitigation plans
to their assigned principal operations inspector. The FAA further
estimates that each respondent would spend two hours preparing and
submitting its plan, for a total of 138 hours. The FAA believes the
additional paperwork burden would be borne by the director of
operations. At $51 per hour multiplied by 138 total hours, the FAA
estimates the total burden to part 125 certificate holders and A125
LODA holders to be $7,038.\91\
---------------------------------------------------------------------------
\91\ The FAA is using the BLS wage rate for commercial pilots of
$39.54 per hour (https://www.bls.gov/ooh/transportation-and-material-moving/airline-and-commercial-pilots.htm) ($82,240/2080
hours=$39.54) multiplied by a fringe benefit multiplier of 29.9
percent (https://www.bls.gov/news.release/ecec.nr0.htm) which
results in an hourly wage of $51.
---------------------------------------------------------------------------
In addition, each pilot school or provisional pilot school taking
advantage of this relief must notify its responsible Flight Standards
office that it will renew its pilot school certificate, or seek a pilot
school certificate if currently a provisional pilot school certificate
holder, in accordance with this SFAR. Each pilot school or provisional
pilot school must submit a plan that includes an explanation of the
methods to regain currency and to ensure its instructors are current
and proficient and how students will be evaluated to determine if they
are assigned to the proper stage of the training course and if
additional training is necessary. The FAA estimates that all 10
provisional pilot schools and 57 pilot schools would request this
relief, and would therefore be required to submit a plan to their
responsible Flight Standards offices. The FAA further estimates that
the preparation and submission of these plans would take one hour, for
a total of 67 hours. The FAA believes the chief flight instructor will
develop and submit the plan. At $27 per hour multiplied by 67 hours,
the FAA estimates the total burden to part 141
[[Page 26343]]
pilot schools and provisional pilot schools to be $1,809.\92\
---------------------------------------------------------------------------
\92\ The FAA uses a flight instructor hourly wage of $20.54
multiplied by a fringe benefit multiplier of 29.9 percent, which
results in a wage of approximately $27 per hour. This information is
derived from the Bureau of Labor Statistics, Education, Training,
and Library Occupations (code 25-0000) in the Nonscheduled Air
Transportation Industry (NAICS 481200), and is assumed to be
representative of flight instructor and representative occupations.
https://www.bls.gov/oes/current/naics4_481200.htm
---------------------------------------------------------------------------
The combined burden, for both part 125 certificate holders and A125
LODA holders and part 141 pilot schools and provisional pilot schools
is $7,038 + $1,809 = $8,847.
The FAA estimates that it would require an Aviation Safety
Inspector (ASI) one hour to review and analyze a plan submitted by a
part 125 certificate holder or A125 LODA holder. With 69 part 125
certificate holders or A125 LODA holders estimated to submit a plan
multiplied by the hourly wage of a GS-13 FAA ASI, the resulting burden
to the FAA is estimated to be $6,860 (69 responses x 1 hour x $99.42 =
$6,860).\93\
---------------------------------------------------------------------------
\93\ The FAA assumes a mid-grade GS-13 salary, Rest of USA
locality. Annual salary is $103,396 (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/RUS.pdf) divided by 2,080 hours for an hourly rate of $49.70. The
FAA uses a fringe benefits and overhead cost, for FAA employees, of
100%, which results in a fully loaded wage of $99.42 per hour. The
U.S. Department of Health and Human Services, ``Guidelines for
Regulatory Impact Analysis'' (2016), on page 30, HHS states, ``As an
interim default, while HHS conducts more research, analysts should
assume overhead costs (including benefits) are equal to 100 percent
of pretax wages . . .'' (https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf).
---------------------------------------------------------------------------
The FAA estimates that it would require an ASI 30 minutes to review
and accept a plan submitted by a part 141 pilot school or provisional
pilot school certificate holder and place it in the school's file. With
67 total pilot schools and provisional pilot schools estimated to
submit a plan multiplied by the hourly wage of a GS-13 FAA ASI, the
resulting burden to the FAA is estimated to be $3,331 (67 responses x
0.5 hours x $99.42 = $3,331).
The combined burden to the FAA is therefore $6,860 + 3,331 =
$10,191.
As provided under 5 CFR 1320.13, Emergency Processing, DOT is
requesting emergency processing for this temporary collection of
information as specified in the Paperwork Reduction Act and its
implementing regulations. DOT cannot reasonably comply with normal
clearance procedures because the information is necessary to provide
temporary relief to persons who have been unable to meet certain
requirements during the COVID-19 outbreak. Without this information,
certain individuals will not be able to continue exercising privileges
in support of essential operations due to their inability to satisfy
certain training, recent experience, testing, and checking
requirements. Additionally, other individuals may--to the extent
possible given closures--attempt to satisfy requirements contrary to
the national social distancing guidelines solely to avoid economic
burdens resulting from non-compliance with FAA regulations. The use of
normal clearance procedures will result in increased economic burden,
disruption to critical aviation operations, and increased risk of
exposure during this public health emergency. Due to the pressing
considerations associated with the COVID-19 outbreak, it is not
practicable to afford ninety days of public comment on this collection
of information. Therefore, FAA is requesting OMB approval of this
temporary collection of information upon the date that this SFAR is
placed on public inspection at the Federal Register. Upon OMB approval
of its Emergency clearance request, FAA will follow the normal
clearance procedures for the information collection associated with
this SFAR.
F. International Compatibility
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 (SARPs) to the maximum extent practicable. On
April 3, 2020, ICAO issued a State Letter (AN 11/55-20/50) to address
operational measures States are taking to ensure safe operations during
the COVID-19 outbreak. ICAO recognized the varying needs of the States
to provide relief and encouraged States to be flexible in their
approaches for relief while also adhering to their obligations under
the Convention on International Civil Aviation. During this period of
relief, ICAO is paying particular attention to the SARPs related to
certificates and licenses. ICAO has established a process for States to
file temporary differences through a COVID-19 Contingency-Related
Differences (CCRDs) sub-system, which is accessible through ICAO's
Continuous Monitoring Approach (CMA) Online Framework of Electronic
Filing of Differences (EFOD) dashboard that States use normally to file
differences related to the Annexes. When States are submitting their
differences, ICAO is requiring the State also to indicate whether or
not it will recognize the differences of other States. FAA has already
filed temporary differences with some of the relief it has given
through exemptions under 14 CFR part 11 and has indicated it will
recognize other States' differences unless the FAA deems safety is
being compromised. ICAO tentatively plans to maintain the CCRD sub-
system through March 31, 2021.
The FAA has reviewed the corresponding ICAO SARPs and has
identified the following differences with these proposed regulations.
In Annex 1, section 1.2.4.4.1, a medical assessment can be extended at
the FAA's discretion up to 45 days. With this final rule, the FAA is
extending the validity period up to three calendar months for pilots
with expiring medicals between March 2020 and May 2020. As a result,
the FAA will file a temporary difference with ICAO.
In Annex 6, Part 2, Section 3.9.4.2, a PIC is required to have made
three takeoffs and landings within the preceding ninety days on the
same type of airplane or in a flight simulator prior to serving as a
PIC in that airplane. With this final rule, the FAA is extending the
look-back period by sixty days for PICs conducting operations under
part 91, subpart N, and part 125 operations. As a result, the FAA will
file a temporary difference with ICAO.
In Annex 6, Part 2, Section 3.9.4.3, an SIC is required to have
made three takeoffs and landings within the preceding ninety days on
the same type of airplane or in a flight simulator prior to serving as
a SIC in that airplane. With this final rule, the FAA is extending the
look-back period by sixty days for SICs conducting operations under
part 91, subpart N, and part 125 operations. As a result, the FAA will
file a temporary difference with ICAO.
Certificate holders or operators may dispatch or release flights
and pilots and crewmembers may operate outside of the United States
under this SFAR, unless otherwise prohibited by a foreign country. For
international operations where pilots and crewmembers will exercise the
relief identified here, they must have access to this SFAR when outside
the United States. In accordance with the Convention on International
Civil Aviation (Chicago Convention), and its Annexes, pilots and
crewmembers must present a copy of this SFAR for inspection upon
request by a foreign civil aviation authority.
V. Executive Order Determinations
A. Executive Order 12114, Environmental Effects Abroad of Major Federal
Actions
The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4,
[[Page 26344]]
1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114
requires the FAA to be informed of environmental considerations and
take those considerations into account when making decisions on major
Federal actions that could have environmental impacts anywhere beyond
the borders of the United States. The FAA has determined that this
action is exempt pursuant to Section 2-5(a)(i) of Executive Order 12114
because it does not have the potential for a significant effect on the
environment outside the United States.
In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for this rulemaking.
B. 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 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.
C. 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.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
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. As described in
Section IV. F., International Compatibility, the FAA is working with
ICAO and other foreign CAAs on the kind of relief provided by this
SFAR. 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.
The provisions in this final rule provide temporary relief to persons
who are unable to meet certain requirements during the COVID-19
outbreak and prevents persons from encountering situations that would
unnecessarily increase the risk of transmission of the virus through
personal contact.
F. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
VI. How To Obtain Additional Information
A. Availability of Rulemaking Documents
An electronic copy of a rulemaking document my 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.govinfo.gov/.
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) 267-9677.
B. 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, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 63
Aircraft, Airman, Aviation safety, Navigation (air), Reporting and
recordkeeping requirements, Security measures.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Aviation
safety, Reporting and recordkeeping requirements, Security measures.
14 CFR Part 91
Air carrier, Air taxis, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Charter flights, Freight, Reporting and
recordkeeping requirements, Transportation.
14 CFR Part 107
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Signs and symbols.
14 CFR Part 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 141
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations, as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES
0
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105,
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 21 to
read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
3. The authority citation for part 61 continues to read as follows:
[[Page 26345]]
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).
0
4. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 61 to
read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
1. Applicability. This Special Federal Aviation Regulation (SFAR)
applies to--
(a) Certain persons who are unable to meet the following
requirements during some period of time between March 1, 2020 and June
30, 2020--
(1) Training, recency, testing, and checking requirements specified
in this part, parts 91, 107, and 125 of this chapter, and SFAR No. 73
of this part; and
(2) Duration and renewal requirements specified in this part, parts
63, 65, and 141 of this chapter, and SFAR No. 100-2 of this part; and
(b) Certain air carriers and operators who are unable to obtain
special flight permits with a continuing authorization under part 21 of
this chapter for the purpose of flying the aircraft to a point of
storage.
2. Training, recency, testing, and checking requirements.
(a) Applicability. The relief provided by paragraph 2 of this SFAR
applies to--
(1) Operations conducted for compensation or hire under parts 91,
125, 133, and 137 of this chapter by persons who are exercising the
privileges of at least a commercial pilot certificate issued under this
part;
(2) Operations conducted by persons who are exercising the
privileges of a private pilot certificate issued under this part,
provided the person meets one of the following paragraphs--
(i) The person is conducting a charitable medical flight for a
volunteer pilot organization pursuant to an exemption issued under part
11 of this chapter, and the flight involves only the carriage of
persons considered essential for the flight;
(ii) The person is conducting an agricultural aircraft operation
under a private agricultural aircraft operating certificate issued in
accordance with Sec. 137.19 of this chapter;
(iii) The person has at least 500 hours of total time as a pilot,
that includes at least 400 hours as a pilot in command and at least 50
hours that were accrued within the preceding 12 calendar months, and
the person is conducting one of the following operations consistent
with the compensation or hire prohibitions specified in Sec. 61.113:
(A) A flight incidental to that person's business or employment;
(B) A flight in support of family medical needs or to transport
essential goods for personal use;
(C) A flight necessary to fly an aircraft to a location in order to
meet a requirement of this chapter; or
(D) A flight to transport essential goods and medical supplies to
support public health needs;
(3) For operations conducted under part 91, subpart K, and part 125
of this chapter, persons who are serving as flight attendant
crewmembers, check pilots, and flight instructors; and
(4) Operations conducted under part 107 of this chapter by a person
who holds a remote pilot certificate issued under part 107 of this
chapter.
(b) This Part.
(1) Second-in-command qualifications of Sec. 61.55.
(i) Notwithstanding the period specified in Sec. 61.55(c), a
person who is required to complete the second-in-command
familiarization and currency requirements under Sec. 61.55(b)(1) and
(2) between March 1, 2020 and June 30, 2020 for purposes of maintaining
second-in-command privileges may complete the requirements of Sec.
61.55(b)(1) and (2) in the month before or three months after the month
in which they are required, provided the pilot meets the requirements
of paragraph 2.(b)(1)(ii) of this SFAR. A pilot who meets the
requirements of Sec. 61.55(b)(1) and (2) within the period prescribed
by this paragraph 2.(b)(1)(i) will be considered to have completed the
requirements in the month in which they were due.
(ii) Qualification requirements. To complete the requirements of
Sec. 61.55(b)(1) or (2) within the period specified in paragraph
2.(b)(1)(i) of this SFAR, the person--
(A) Must review and become familiar with the following information
for the specific type of aircraft for which second-in-command
privileges are sought--
(1) Operational procedures applicable to the powerplant, equipment,
and systems;
(2) Performance specifications and limitations;
(3) Normal, abnormal, and emergency operating procedures;
(4) Flight manual; and
(5) Placards and markings; and
(B) Prior to serving as second-in-command, must have logged at
least three takeoffs and landings to a full stop as the sole
manipulator of the flight controls within the 180 days preceding the
date of the flight.
(2) Flight review requirements of Sec. 61.56. A person who has not
completed a flight review within the previous 24 calendar months in
accordance with Sec. 61.56 may continue to act as pilot in command of
an aircraft, provided the following requirements are met--
(i) Airmen requirements. The person was current to act as pilot in
command of an aircraft in March 2020 and, to maintain currency, is
required to complete a flight review under Sec. 61.56 between March 1,
2020 and June 30, 2020.
(ii) Qualification requirements. To act as pilot in command of an
aircraft during the period specified in paragraph 2(b)(2)(iii) of this
SFAR, the person must have--
(A) Within the 12 calendar months preceding the month in which the
flight review is due, logged at least 10 hours of flight time as pilot
in command in an aircraft for which that pilot is rated; and
(B) Since January 1, 2020 and preceding the date of flight,
completed online Wings courses for pilots from the FAA Safety Team
website, available at https://www.faasafety.gov. The online training
courses must total at least 3 Wings credits.
(iii) Grace period. The person may act as pilot in command of an
aircraft for a duration of three calendar months from the month in
which the flight review was due. Before acting as pilot in command of
an aircraft in the fourth month after the month in which the flight
review was due, the person must satisfactorily complete a flight review
in accordance with Sec. 61.56.
(3) Instrument experience requirements of Sec. 61.57. A person who
has not performed and logged the tasks required by Sec. 61.57(c)(1)
within the 6 calendar months preceding the month of the flight may
continue to act as pilot in command under IFR or in weather conditions
less than the minimums prescribed for VFR, provided the following
requirements are met--
(i) Qualification requirements. The person has--
(A) Within the 6 calendar months preceding the month of the flight,
performed and logged at least three instrument approaches in actual
weather conditions, or under simulated conditions using a view-limiting
device; and
(B) Within the 9 calendar months preceding the month of the flight,
performed and logged the tasks required by Sec. 61.57(c)(1).
(ii) Grace period. Between April 30, 2020 and June 30, 2020, a
person who meets the qualification requirements of paragraph
2.(b)(3)(i) of this SFAR may
[[Page 26346]]
act as pilot in command under IFR or in weather conditions less than
the minimums prescribed for VFR.
(iii) Instrument currency after June 30, 2020. Before acting as
pilot in command under IFR or in weather conditions less than the
minimums prescribed for VFR after June 30, 2020, the person must comply
with Sec. 61.57(c).
(4) Pilot in command proficiency check requirements of Sec. 61.58.
(i) Notwithstanding the period specified in Sec. 61.58(i), a pilot
who is required to take a pilot in command proficiency check under
Sec. 61.58(a)(1) or (2) between March 1, 2020 and June 30, 2020 for
purposes of maintaining pilot in command privileges may complete the
check in the month before or three months after the month in which it
is required, provided the pilot meets the requirements of paragraph
2.(b)(4)(ii) of this SFAR. A pilot who completes the proficiency check
within the period prescribed by this paragraph 2.(b)(4)(i) will be
considered to have completed the check in the month in which it was
required.
(ii) Qualification requirements. To complete the pilot in command
proficiency check required by Sec. 61.58(a)(1) or (2) within the
period specified in paragraph 2.(b)(4)(i) of this SFAR, the person--
(A) Must meet the flight experience requirements of Sec. 61.57
that are applicable to the operation to be conducted; and
(B) Within the 3 calendar months preceding the month of the flight,
must have reviewed the following information for the specific type of
aircraft for which pilot in command privileges are sought--
(1) Operational procedures applicable to the powerplant, equipment,
and systems;
(2) Performance specifications and limitations;
(3) Normal, abnormal, and emergency operating procedures;
(4) Flight manual; and
(5) Placards and markings.
(5) Flight Crewmember Requirements of Part 91, Subpart K, of this
Chapter.
(i) Testing and checking requirements. Notwithstanding the period
specified in Sec. 91.1071(a) of this chapter, a crewmember who is
required to take a test or a flight check under Sec. 91.1065(a), Sec.
91.1065(b), Sec. 91.1067, Sec. 91.1069(a), or Sec. 91.1069(b) of
this chapter between March 1, 2020 and June 30, 2020 for purposes of
maintaining qualification may complete the test or check in the month
before or three months after the month it is required, provided the
requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. A
crewmember who completes a test or check in accordance with this
paragraph 2.(b)(5)(i) will be considered to have completed the test or
check in the month in which it was required.
(ii) Recurrent training requirements. Notwithstanding the period
specified in Sec. 91.1073(b) of this chapter, a crewmember who is
required to complete recurrent training under Sec. 91.1099 or Sec.
91.1107(c) of this chapter between March 1, 2020 and June 30, 2020 for
purposes of maintaining qualification may complete that training in the
month before or three months after the month in which it is required,
provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are
met. A crewmember who completes recurrent training in accordance with
this paragraph 2.(b)(5)(ii) will be considered to have completed the
training in the month in which it was required.
(iii) Instrument experience.
(A) Precision instrument approaches. A pilot who has not
satisfactorily demonstrated the type of precision instrument approach
procedure to be used within the previous six months in accordance with
Sec. 91.1069(c) of this chapter may continue to use that type of
approach procedure, provided the following requirements are met--
(1) Airmen requirements. The person was current under Sec.
91.1069(c) of this chapter to use that type of precision instrument
approach procedure in March 2020, and is required to demonstrate that
type of precision instrument approach procedure between March 1, 2020
and June 30, 2020.
(2) Grace period. The person satisfactorily demonstrates that type
of precision instrument approach procedure within three months after
the month in which it was required.
(3) Safety mitigations. The management specification holder
satisfies paragraph 2.(b)(5)(vi) of this SFAR.
(B) Non-precision instrument approaches. A pilot who has not
satisfactorily demonstrated either the type of non-precision instrument
approach procedure to be used, or any other two different types of non-
precision approach procedures, within the previous six months in
accordance with Sec. 91.1069(c) of this chapter may continue to use
that type of non-precision instrument approach procedure, provided the
following requirements are met--
(1) Airmen requirements. The person was current under Sec.
91.1069(c) of this chapter to use that type of non-precision instrument
approach procedure in March 2020, and is required to demonstrate that
type of non-precision instrument approach procedure, or any other two
different types of non-precision instrument approach procedures,
between March 1, 2020 and June 30, 2020.
(2) Grace period. The person satisfactorily demonstrates that type
of non-precision instrument approach procedure within three months
after the month in which it was required.
(3) Safety mitigations. The management specification holder
satisfies paragraph 2.(b)(5)(vi) of this SFAR.
(iv) Check pilot (simulator) and flight instructor (simulator)
requirements. Notwithstanding the period specified in Sec. Sec.
91.1089(g) and 91.1091(g) of this chapter, a check pilot (simulator) or
flight instructor (simulator) who is required to complete the flight
segments or line-observation program under Sec. 91.1089(f) or Sec.
91.1091(f) of this chapter between March 1, 2020 and June 30, 2020 for
purposes of maintaining qualification may complete the flight segments
or line-observation program requirements in the month before or three
months after the month they are required, provided the requirements of
paragraph 2.(b)(5)(vi) of this SFAR are met. A check pilot (simulator)
or flight instructor (simulator) who completes the flight segments or
line-observation program requirements in accordance with this paragraph
2.(b)(5)(iv) will be considered to have completed the requirements in
the month in which they were due.
(v) Check pilot and flight instructor observation check
requirements. Notwithstanding the period specified in Sec. Sec.
91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight
instructor who is required to complete an observation check under Sec.
91.1093(a)(2) or Sec. 91.1095(a)(2) of this chapter between March 1,
2020 and June 30, 2020 for purposes of maintaining qualification may
complete the observation check in the month before or three months
after the month it is required, provided the requirements of paragraph
2.(b)(5)(vi) of this SFAR are met. A check pilot or flight instructor
who completes an observation check in accordance with this paragraph
2.(b)(5)(v) will be considered to have completed the check in the month
in which it was due.
(vi) Safety mitigations. The management specification holder must
provide an acceptable plan to the responsible Flight Standards office
that contains the following information--
(A) A safety analysis and corresponding risk mitigations to be
[[Page 26347]]
implemented by the management specification holder; and
(B) The method the management specification holder will use to
ensure that each crewmember complying with paragraph 2.(b)(5) of this
SFAR remains adequately tested and currently proficient for each
aircraft, duty position, and type of operation in which the person
serves.
(6) Mitsubishi MU-2B Series Special Training, Experience, and
Operating Requirements of Part 91, Subpart N, of this Chapter.
(i) Recurrent training. Notwithstanding the period specified in
Sec. 91.1705(e) of this chapter, a person who is required to complete
recurrent training under Sec. 91.1703(e) of this chapter between March
1, 2020 and June 30, 2020 for purposes of complying with Sec.
91.1705(a) and (b) may complete the recurrent training in the month
before or three months after the month the recurrent training is
required, provided the requirements of paragraph 2.(b)(6)(iii) of this
SFAR are met. A person who completes the recurrent training in
accordance with this paragraph 2.(b)(6)(i) will be considered to have
completed the training in the month it was required.
(ii) Flight review. A person who has not completed a flight review
in accordance with Sec. Sec. 61.56 and 91.1715(c) of this chapter in a
Mitsubishi MU-2B series airplane or an MU-2B Simulator approved for
landings with an approved course conducted under part 142 of this
chapter may continue to act as pilot in command of a Mitsubishi MU-2B
series airplane, providing the following requirements are met--
(A) Airmen requirements. The person was--
(1) Current to act as pilot in command of a Mitsubishi MU-2B series
airplane in March 2020 and, to maintain currency, is required to
complete a flight review in a Mitsubishi MU-2B series airplane between
March 1, 2020 and June 30, 2020; and
(2) The requirements of paragraph 2.(b)(6)(iii) of this SFAR are
met.
(B) Grace period. The person may act as pilot in command of a
Mitsubishi MU-2B series airplane for a duration for three calendar
months from the month in which the flight review was due. Before acting
as pilot in command of an aircraft in the fourth month after the month
in which the flight review was due, the person must satisfactorily
complete a flight review in accordance with Sec. Sec. 61.56 and
91.1715(c) of this chapter in a Mitsubishi MU-2B series airplane or an
MU-2B Simulator approved for landings with an approved course conducted
under part 142 of this chapter.
(iii) Qualification requirements. To complete the recurrent
training or flight review during the grace period provided under
paragraph 2.(b)(6) of this SFAR, the person must--
(A) Within the 12 calendar months preceding the month the recurrent
training or flight review is due, have logged at least 10 hours of
flight time as sole manipulator of the controls in an MU-2B series
airplane that includes at least 3 hours of flight time in the 3
calendar months preceding the month in which the recurrent training or
flight review is due;
(B) Since January 1, 2020, have completed online Wings courses for
pilots from FAA Safety Team website, available at https://www.faasafety.gov/. The online training courses must total at least 3
Wings credits; and
(C) Prior to manipulating the controls of an MU-2B series airplane,
have completed three hours of self-study, since January 1, 2020 and
preceding the date of the flight, on the following subjects--
(1) The ground training curriculum required by Sec. 91.1705(h)(1)
of this chapter;
(2) The Special Emphasis Items listed in the approved MU-2B
training program that the pilot last completed;
(3) The limitations, procedures, aircraft performance, and MU-2B
Cockpit Checklist procedures applicable to the MU-2B model to be flown,
which are contained in the flight training curriculum required by Sec.
91.1705(h)(2) of this chapter; and
(4) The current general operating and flight rules of part 91 of
this chapter.
(7) Aeronautical Knowledge Recency Requirements of Sec. 107.65 of
this Chapter. A person who has not satisfied the aeronautical knowledge
recency requirements of Sec. 107.65(a) or (b) of this chapter within
the previous 24 calendar months may operate a small unmanned aircraft
system under part 107 of this chapter, provided that person meets the
following requirements--
(i) Airmen requirements. The person was current to exercise the
privileges of a remote pilot certificate in March 2020 and, to maintain
aeronautical currency, is required to meet the aeronautical recency
requirements in Sec. 107.65(a) or (b) of this chapter between April 1,
2020 and June 30, 2020.
(ii) Qualification requirements. The person must have completed an
FAA-developed initial or recurrent online training course, available at
https://www.faasafety.gov, covering the areas of knowledge specified in
Sec. 107.74(a) or (b) of this chapter. Each person is eligible to take
an online training course specified in this paragraph 2.(b)(7)(ii) one
time for the purpose of obtaining the six calendar month grace period
specified in paragraph 2.(b)(7)(iii) of this SFAR.
(iii) Grace period. The person may operate a small unmanned
aircraft system under part 107 of this chapter for a duration of six
calendar months from the month in which the person completed the online
training course specified in paragraph 2.(b)(7)(ii) of this SFAR.
Before operating a small unmanned aircraft system under part 107 in the
seventh month after the month in which the person completed the online
training course, the person must satisfy Sec. 107.65 of this chapter.
(8) Flight Crewmember Requirements of Part 125 of this Chapter.
(i) Recent experience requirements. A person who has not satisfied
the recent experience requirements of Sec. 125.285(a) of this chapter
may be used by a certificate holder (or holder of an A125 letter of
deviation authority), and may serve as a required pilot flight
crewmember, in operations conducted under part 125 of this chapter,
provided the following requirements are met--
(A) Grace period. The person has made at least three takeoffs and
landings, within the preceding 150 days, in the type of airplane in
which that person is to serve.
(B) Safety Mitigations. The certificate holder complies with
paragraph 2.(b)(8)(iii) of this SFAR.
(ii) Testing and checking requirements. Notwithstanding the period
specified in Sec. 125.293(a) of this chapter, a crewmember who is
required to take a test or check under Sec. 125.287(a), Sec.
125.287(b), Sec. 125.289, or Sec. 125.291(a) of this chapter between
March 1, 2020 and June 30, 2020 for purposes of maintaining
qualifications may complete the test or check in the month before or
three months after the month it is required, provided the requirements
of paragraph 2.(b)(8)(iii) of this SFAR are met. A crewmember who
completes the test or check in accordance with this paragraph
2.(b)(8)(ii) will be considered to have completed the test or check in
the month in which it was required.
(iii) Safety mitigations. The certificate holder (or holder of an
A125 letter of deviation authority) must provide an acceptable plan to
its assigned principal operations inspector that contains the following
information--
(A) A safety analysis and corresponding risk mitigations to be
implemented by the certificate holder (or holder of an A125 letter of
deviation authority); and
[[Page 26348]]
(B) The method the certificate holder (or holder of an A125 letter
of deviation authority) will use to ensure that each crewmember
complying with paragraph 2.(b)(8) of this SFAR remains adequately
tested and currently proficient for each aircraft, duty position, and
type of operation in which the person serves.
(9) Robinson R-22/R-44 Special Training and Experience Requirements
of SFAR No. 73 of this Part. A person who has not completed a flight
review in a Robinson model R-22 or R-44 helicopter, as appropriate,
within the preceding 24 calendar months in accordance with paragraph
2(c) of SFAR No. 73 and Sec. 61.56, may continue to act as pilot in
command of a Robinson model R-22 or R-44 helicopter, as appropriate,
providing the following requirements are met--
(i) Airmen requirements. The person was current to act as pilot in
command of a Robinson model R-22 or R-44 helicopter, as appropriate, in
March 2020 and, to maintain currency, is required to complete a flight
review in a Robinson model R-22 or R-44 helicopter, as appropriate,
between March 1, 2020 and June 30, 2020.
(ii) Qualification requirements. The person must--
(A) Satisfy the qualification requirements specified in paragraph
2.(b)(2)(ii) of this SFAR, except that--
(1) The 10 hours of flight time as pilot in command must be
obtained in a Robinson model R-22 or R-44 helicopter, as appropriate to
the privileges sought;
(2) At least 3 hours of flight time must be obtained within the 3
calendar months preceding the month in which the flight review is due;
and
(3) The courses required by paragraph 2.(b)(9)(ii)(C) and (D) of
this SFAR may count towards the 3 Wings credits.
(B) Complete three hours of self-study, since January 1, 2020 and
preceding the date of flight, on the following subjects--
(1) The awareness training subject areas specified in paragraph
2(a)(3)(i) through (v) of SFAR No. 73 of this part;
(2) The current general operating and flight rules of part 91 of
this chapter; and
(3) Robinson R-22 or R-44 Maneuvers Guide, as applicable to the
model(s) in which the airmen holds pilot in command privileges;
(C) Complete Course ALC-103: Helicopter Weight and Balance,
Performance at https://www.faasafety.gov; and
(D) Complete Course ALC-104: Helicopter--General and Flight
Aerodynamics at https://www.faasafety.gov/.
(iii) Grace period. A person may act as a pilot in command of a
Robinson model R-22 or R-44 helicopter, as appropriate, for a duration
of three calendar months from the month in which the flight review was
due. Before acting as pilot in command of an aircraft in the fourth
month after the month in which the flight review was due, the person
must satisfactorily complete a flight review in a Robinson model R-22
or R-44 helicopter, as appropriate to the privileges sought, in
accordance with paragraph 2(c) of SFAR No. 73 of this part and Sec.
61.56.
(10) Operations outside the United States. Unless otherwise
prohibited by a foreign country, a person may operate outside of the
United States under the relief provided by paragraph 2 of this SFAR if
the person--
(i) Has access to this SFAR when outside the United States; and
(ii) Presents a copy of this SFAR for inspection upon request by a
foreign Civil Aviation Authority in accordance with the Convention on
International Civil Aviation (Chicago Convention), and its Annexes.
3. Duration and renewal requirements.
(a) This Part.
(1) Extension of medical certificate duration requirements.
Notwithstanding the duration requirements for medical certificates
specified in Sec. 61.23(d), the expiration date of a first-, second-,
or third-class medical certificate that expires between March 31, 2020
and May 31, 2020 is extended through June 30, 2020. A certificate
extended under this paragraph 3.(a)(1) is considered valid under Sec.
61.2(a)(5). Unless otherwise prohibited by a foreign country, a person
may operate outside of the United States under this paragraph 3.(a)(1)
if the person--
(i) Has access to this SFAR when outside the United States; and
(ii) Presents a copy of this SFAR for inspection upon request by a
foreign Civil Aviation Authority in accordance with the Convention on
International Civil Aviation (Chicago Convention), and its Annexes.
(2) Extension of knowledge test duration requirements in Sec.
61.39. An applicant for a certificate or rating issued under this part
may satisfy the eligibility requirement in Sec. 61.39(a)(1) by passing
the required knowledge test--
(i) Within the 27 calendar month period preceding the month the
applicant completes the practical test, if a knowledge test is
required, provided the knowledge test was passed between March 1, 2018
and June 30, 2018; or
(ii) Within the 63 calendar month period preceding the month the
applicant completes the practical test for those applicants who
complete the airline transport pilot certification training program in
Sec. 61.156 and pass the knowledge test for an airline transport pilot
certificate with a multiengine class rating, provided the knowledge
test was passed between March 1, 2015 and June 30, 2015.
(3) Extension of renewal requirements for flight instructor
certification. The holder of a flight instructor certificate that
expires between March 31, 2020 and May 31, 2020 may renew his or her
flight instructor certificate by submitting a completed and signed
application to the FAA and satisfactorily completing one of the renewal
requirements specified in Sec. 61.197(a)(2)(i) through (iv) before
June 30, 2020.
(b) Part 63 of this Chapter.
(1) Extension of medical certificate duration requirements. For a
person acting as a flight engineer of an aircraft, the expiration date
of a second-class (or higher) medical certificate that expires between
March 31, 2020 and May 31, 2020 is extended through June 30, 2020.
Unless otherwise prohibited by a foreign country, a person may operate
outside of the United States under this paragraph 3.(b)(1) if the
person:
(i) Has access to this SFAR when outside the United States; and
(ii) Presents a copy of this SFAR for inspection upon request by a
foreign Civil Aviation Authority in accordance with the Convention on
International Civil Aviation (Chicago Convention), and its Annexes.
(2) Extension of written test duration requirements in Sec. 63.35
of this chapter. An applicant for a flight engineer certificate or
rating may satisfy the knowledge requirement in Sec. 63.35(d) of this
chapter by passing the required written test within the 27 calendar
month period preceding the month the applicant completes the practical
test, provided the written test was passed between March 1, 2018 and
June 30, 2018.
(c) Part 65 of this Chapter.
(1) Extension of knowledge test duration requirements in Sec.
65.55 of this chapter. An applicant for an aircraft dispatcher
certificate may satisfy the knowledge requirement in Sec. 65.55(b) of
this chapter by presenting satisfactory evidence that the applicant
passed the knowledge test within the 27 calendar month period preceding
the month the applicant completes the practical test, provided the
knowledge test was passed between March 1, 2018 and June 30, 2018.
[[Page 26349]]
(2) Extension of testing period in Sec. 65.71 of this chapter. A
person may show eligibility for a mechanic certificate or rating under
Sec. 65.71 of this chapter by passing all of the prescribed tests of
part 65, subpart D, of this chapter within a period of 27 months,
provided the testing period began between March 1, 2018 and June 30,
2018.
(3) Renewal of inspection authorizations in Sec. 65.93 of this
chapter.
(i) Grace period for meeting renewal requirements. Notwithstanding
the requirement in Sec. 65.93(c) of this chapter, an inspection
authorization holder who did not complete one of the activities in
Sec. 65.93(a)(1) through (5) of this chapter by March 31, 2020 of the
first year may still be eligible for renewal of an inspection
authorization for a 2-year period in March 2021. To be eligible for
renewal, the inspection authorization holder must show completion of
one of the five activities in Sec. 65.93(a)(1) through (5) of this
chapter by June 30, 2020, and completion of the one of the five
activities in Sec. 65.93(a)(1) through (5) of this chapter during the
second year of the 2-year period. A person who completes one of the
five activities by June 30, 2020 will be considered to have completed
the activity by March 31, 2020 of the first year for purposes of
determining eligibility under Sec. 65.93 of this chapter.
(ii) Inspection authorization privileges after June 2020. If the
inspection authorization holder does not complete one of the five
activities in Sec. 65.93(a)(1) through (5) of this chapter by June 30,
2020, the inspection authorization holder may not exercise inspection
authorization privileges after June 30, 2020. The inspection
authorization holder may resume exercising inspection authorization
privileges only after passing an oral test from an FAA inspector in
accordance with Sec. 65.93(c) of this chapter.
(4) Military riggers or former military riggers: Special
certification rule of Sec. 65.117 of this chapter. A person may
satisfy the requirements of Sec. 65.117(a) and (b) of this chapter for
a senior parachute rigger certificate by presenting satisfactory
documentary evidence that the person was honorably discharged or
released from any status covered by Sec. 65.117(a) of this chapter
between March 2019 and June 2019, and has served as a parachute rigger
for an Armed Force within the 15 months before the date of application.
(d) Relief for U.S. Military and Civilian Personnel Who are
Assigned Outside the United States in Support of U.S. Armed Forces
Operations. Notwithstanding the 6 calendar month period specified in
paragraph 2 of SFAR No. 100-2 of this part, a person may exercise the
relief specified in paragraph 1 of SFAR No. 100-2 for a duration of 9
calendar months after returning to the United States, provided the
person--
(1) Is eligible in accordance with paragraph 2 of SFAR No. 100-2 of
this part;
(2) Complies with the documentation requirements specified in
paragraph 3 of SFAR No. 100-2 of this part; and
(3) Returned to the United States from deployment between October
2019 and March 2020.
(e) Part 141 of this Chapter.
(1) Pilot school certificate requirements of Sec. 141.5 of this
chapter.
(i) Provisional pilot school. Notwithstanding the period specified
in Sec. 141.5 of this chapter, a provisional pilot school may apply
for, and the FAA may issue, a pilot school certificate with the
appropriate ratings if the following requirements are met--
(A) The provisional pilot school must satisfy the requirements of
Sec. 141.5(a) through (e) of this chapter before December 31, 2020;
(B) The provisional pilot school certificate must expire between
April 2020 and June 2020; and
(C) The provisional pilot school meets the requirements of
paragraph 3.(e)(1)(ii) of this SFAR.
(ii) Safety mitigations.
(A) The provisional pilot school must notify its responsible Flight
Standards office that it is applying for a pilot school certificate in
accordance with this SFAR.
(B) Each provisional pilot school must include in its notification
an acceptable plan that explains the method to meet the requirements of
Sec. 141.5(d) and (e) of this chapter, including--
(1) Ensuring each instructor used for ground or flight training is
current and proficient; and
(2) Evaluating students to determine if they are assigned to the
proper stage of the training course and if additional training is
necessary.
(2) Renewal of certificates and ratings in Sec. 141.27 of this
chapter.
(i) Pilot school. A pilot school may apply for renewal of its pilot
school certificate and ratings after the expiration of its pilot
schools certificate, provided the school applies for renewal before
December 31, 2020 and the following requirements are met--
(A) The pilot school must meet Sec. 141.27(a)(2) of this chapter
before December 31, 2020;
(B) The pilot school certificate must expire between April 2020 and
June 2020; and
(C) The pilot school meets the requirements of paragraph
3.(e)(2)(ii) of this SFAR.
(ii) Safety mitigations.
(A) Each pilot school must submit to the responsible Flight
Standards office notification that it will renew its pilot school
certificate in accordance with this SFAR.
(B) Each pilot school must include in its notification an
acceptable plan that explains the method to regain currency,
including--
(1) Ensuring each instructor used for ground or flight training is
current and proficient; and
(2) Evaluating students to determine if they are assigned to the
proper stage of the training course and if additional training is
necessary.
4. Other relief for special flight permits issued under Sec.
21.197(c) of this chapter. In addition to the purposes specified in
Sec. 21.197(c) of this chapter, notwithstanding Sec. Sec. 119.5(l)
and 91.1015(a) of this chapter, a special flight permit with a
continuing authorization may be issued under Sec. 21.197(c) of this
chapter through December 31, 2020 for aircraft that may not meet
applicable airworthiness requirements, but are capable of safe flight
for the purpose of flying the aircraft to a point of storage, provided
the following requirements are met--
(a) The air carrier or operator must hold a special flight permit
with continuing authorization to conduct a ferry flight program issued
under Sec. 21.197(c) of this chapter; and
(b) The certificate holder or management specification holder must
notify the responsible Flight Standards office each time the special
flight permit is used for the purpose of flying the aircraft to a point
of storage.
5. Expiration date. This SFAR is effective until March 31, 2021.
The FAA may amend, rescind, or extend the SFAR as necessary.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
5. The authority citation for part 63 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
6. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 63 to
read as follows:
[[Page 26350]]
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
7. The authority citation for part 65 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
8. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 65 to
read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
9. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Public Law 114-190, 130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
10. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 91
to read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS
0
11. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5);
Sec. 333 of Pub. L. 112-95, 126 Stat. 75.
0
12. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 107
to read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
13. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.
0
14. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 125
to read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
PART 141--PILOT SCHOOLS
0
15. The authority citation for part 141 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
16. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 141
to read as follows:
Special Federal Aviation Regulation No. 118--Relief for Certain Persons
During the Coronavirus Disease 2019 (COVID-19) Outbreak
For the text of SFAR No. 118, see part 61 of this chapter.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on April 29, 2020.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2020-09472 Filed 4-30-20; 4:15 pm]
BILLING CODE 4910-13-P
