Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency, 38763-38783 [2020-13960]

Download as PDF Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations telegram shall require at least 15 affirmative votes, of which at least 7 shall be producer member votes and at least 7 shall be handler member votes. The committee may recommend for the Secretary’s approval changes in the number of affirmative votes required for adoption of any proposition voted upon by means of a mail or telegram ballot: Provided, That the number of affirmative votes required for adoption shall not be less than 10, and in any case an equal number of producer member and handler member votes shall be required for adoption and, if the committee is increased by the addition of a public member, the number of affirmative votes required for adoption shall be increased by 1. [FR Doc. 2020–12884 Filed 6–26–20; 8:45 am] BILLING CODE P 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). 21–102, 61–145, 63–43, 65–60, 91–357, 107– 3, 125–69, and 141–21] RIN 2120–AL64 Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID–19) Public Health Emergency Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This final rule amends the regulatory relief originally provided in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule. Other than relief for medical certificate duration, the relief in this final rule applies to a new population of airmen and does not extend the relief provided in the original Special Federal Aviation Regulation (SFAR). The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. This SFAR also provides regulatory relief to additional persons unable to meet duration and renewal requirements due to the public health emergency. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 Effective June 25, 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 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: DATES: 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 38763 requirements. In addition, other individuals may be unable to satisfy certain requirements due to a reduced availability of personnel that are able to conduct routine aviation activities. In other instances, such activities may be contrary to State and local directives that continue certain restrictions as they implement phased recovery plans. 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, including operations that support essential services and flights that support the COVID–19 public health emergency response efforts. These operations are likely to face disruption due to a decreased supply of qualified pilots resulting from the effects of the COVID–19 public health emergency including the reduced number of personnel available to administer required training, checking, and testing. Without the relief in this SFAR, beginning July 1, 2020, and with each month thereafter, a new group of pilots will become unavailable to perform critical operations due to an inability to comply with regulatory 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 immediate period following the initial COVID–19 public health 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 even though compliance could require acting contrary to national social distancing guidelines and restrictions in State and local directives associated with phased recovery efforts. 1 Certain FAA regulations require a person to act 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. E:\FR\FM\29JNR1.SGM 29JNR1 38764 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES In addition, as routine activities begin to resume, these individuals may be unable to satisfy requirements for reasons outside their control, such as the reduced number of personnel. 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. Accordingly, the FAA finds that providing notice and an opportunity to comment is contrary to the public interest, because any delay in 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 and into the period of recovery. Furthermore, the continually evolving public health situation as a result of, and State and local responses to, the COVID–19 public health emergency significantly limits how far in advance the FAA can usefully assess the need for the flexibilities provided for in this regulation. 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 VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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 public health emergency. 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) 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) 2. Part 63 a. Certificates and Ratings Required (§ 63.3) b. Knowledge Requirements (§ 63.35) 3. Part 65 a. [Dispatcher] Knowledge Requirements (§ 65.55) b. Eligibility Requirements: General (§ 65.71) PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. Persons continue to have difficulty complying with several of the FAA’s requirements because of the ongoing effects of the COVID–19 public health emergency, including the continuation of social distancing guidelines to prevent transmission of the virus. 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 even as stay-at-home advisories are lifted and replaced with State and local directives for phased recovery and routine activities resume. The regulatory relief provided in this final rule will amend the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule (SFAR 118) (85 FR 26326) that was issued on April 30, 2020. This amendment will enable the continuity of aviation operations that are critical during the COVID–19 public health emergency and the recovery, including operations that support essential services and flights that support response efforts. In addition, 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 public health emergency that are outside of their control. The FAA notes that, except for one instance related to the extension of medical certificates, no extension of relief has been granted to airmen who were eligible for relief in SFAR 118. The FAA also notes that, in this final rule, it is not expanding every area of relief provided in original SFAR 118. Although this amended SFAR will remain effective through March 31, 2021, that date does not reflect the duration for every provision. As a result, airman, operators, and air agencies should review the eligibility, conditions, and duration of the SFAR carefully to ensure compliance. The table below summarizes the amendments to SFAR 118. E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 14 CFR Area of relief Original SFAR 118 relief 61.55 ............................... 61.56 ............................... Second-in-Command Pilot Qualifications. Pilot Flight Review ............................. 61.57 ............................... Pilot Instrument Currency .................. 61.58 ............................... Pilot-in-Command Proficiency Check Part 91, Subpart K .......... Crewmember Requirements .............. Part 91, Subpart N .......... Mitsubishi MU–2B Series Special Training, Experience, and Operating Requirements. Remote Pilot Aeronautical Knowledge Recency. Due March–June 2020 has 3 grace months to complete training. Due March–June 2020 has 3 grace months to complete flight review. 9-month currency look-back period (instead of 6 months) for flights April 30–June 30, 2020. Due March–June 2020 has 3 grace months to complete check. Due March–June 2020 has 3 grace months to complete training, recency, and checking. Due March–June 2020 has 3 grace months to complete training and flight review. Due March–June 2020; privileges are renewed for 6 months following completion of online training. Due March–June 2020 has 3 grace months to complete training, recency, and checking. Due March–June 2020 has 3 grace months to complete flight review. Validity of March–May 2020 medicals extended to June 30, 2020. 107.65 ............................. Part 125 .......................... Flight Crewmember Requirements .... SFAR 73 ......................... 61.23 ............................... Robinson R–22/R–44 Special Training and Experience Requirements. Pilot Medical Certificate Duration ...... 61.39 ............................... Pilot Knowledge Test Validity Period 61.197 ............................. Flight Instructor Renewal ................... SFAR 100–2 ................... Relief for U.S. Military and Civilian Personnel Who are Assigned Outside the U.S. in Support of U.S. Armed Forces Operations. Flight Engineer Medical Certificate Duration. 63.3 ................................. 63.35 ............................... 65.55 ............................... 65.71 ............................... Flight Engineer Written Test Validity Period. Dispatcher Knowledge Test Validity Period. Mechanic Applicant Testing Period ... 65.93 ............................... Mechanic with Inspection Authorization Renewal. 65.117 ............................. Military Riggers .................................. 141.5 ............................... Pilot School Certificate Requirements 141.27 ............................. Pilot School Certificate Renewal Requirements. 21.197 ............................. Special Flight Permit—Move Aircraft to Storage. jbell on DSKJLSW7X2PROD with RULES II. Background In March 2020, the FAA received several letters from industry associations petitioning the FAA for relief and extensions from certain requirements during the COVID–19 VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 Test results expiring March–June 2020 extended 3 calendar months. Certificate expiration March–May 2020 have until June 30, 2020 to renew. Eligible persons that returned from overseas October 2019–March 2020 received an extension of 3 calendar months. Validity of March–May 2020 medicals extended to June 30, 2020. Test results expiring March–June 2020 extended 3 calendar months. Test results expiring March–June 2020 extended 3 calendar months. Testing period expires March–June 2020 extended 3 months. 3 additional months (April–June 2020) to meet year one renewal requirements. Eligible military parachute riggers who were released March–June 2019 have 3 additional months to make application. Provisional certificate expires April– June 2020 extended to Dec 31, 2020 to apply for a pilot school certificate. Certificate expires April–June 2020 extended to Dec 31, 2020 to renew. April 30–Dec 31, 2020 ....................... public health emergency.2 The content of the letters and the relief and flexibility sought were described in the Relief for Certain Persons and Operations during the Coronavirus Amended SFAR 118–1 relief Added pilots due July–Sept 2020. Added pilots due July–Sept 2020. Added look-back period for flights in July–Sept 2020. Added pilots due in July–Sept 2020. Added crewmembers due in July– Sept 2020. Added pilots due in July–Sept 2020. Added remote pilots whose privileges are due to expire July–Sept 2020. Added crewmembers due in July– Sept 2020. Added pilots due in July–Sept 2020. Extend medical validity period by 3 calendar months from expiration applies to medicals expiring March–Sept 2020. Knowledge tests expiring in July– Sept 2020 added. No change. No change. Extend medical validity period by 3 calendar months from expiration applies to medicals expiring March–Sept 2020. Written tests expiring in July–Sept 2020 added. Knowledge tests expiring in July– Sept 2020 added. Testing period expiring in July–Sept 2020 added. No change. No change. No change. No change. No change. Disease 2019 (COVID–19) final rule (SFAR 118) (85 FR 26326). On May 29, 2020, the FAA received an additional letter signed by six industry associations seeking to extend by a month the relief granted to those individuals eligible for 2 These letters are available in the rulemaking docket. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 38765 E:\FR\FM\29JNR1.SGM 29JNR1 38766 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES relief in SFAR 118.3 The letter also requested the FAA to expand the eligibility of the relief to additional groups of pilots, operators, and certificate holders who face expiring experience, testing, checking, duration, medical, and renewal requirements in July through September 2020. The industry associations supported their position by acknowledging that while restrictions are easing in some areas, they continue to see burdens and restrictions that will continue to have a negative impact on the aviation community into the foreseeable future. The letter cited guidance from the Centers for Disease Control and Prevention (CDC), which continues to recommend limited contact with persons outside of one’s household, and added that State and local governments are enforcing social distancing requirements. As a result, many aviation stakeholders seek to minimize their risk of exposure. The industry associations referenced FAA data, which indicates that ‘‘more than 57% of [designated pilot examiners] are over the age of 60, a demographic at higher risk of severe effects’’ from COVID–19 disease. The letter also cited aviation medical examiners either being unavailable or taking weeks to schedule appointments. They added that the additional flexibility will allow airmen and examiners to abide by CDC and individual State recommendations while stimulating the economy and moving medical and emergency supplies when needed. The industry associations believe the safety mitigations in SFAR 118 will continue to ensure an equivalent level of safety during the extensions. The FAA also received a petition for exemption from Airlines for America (A4A) requesting additional relief from expiration dates for medical certificates beyond what SFAR 118 provided for part 121 pilots and flight engineers. Specifically, A4A requested that airmen holding medical certificates that were due to expire in April 2020 and May 2020 be extended for a total of three calendar months.4 In addition, A4A sought a 3-month extension to medicals that will expire in July through September 2020. It stated that such relief would facilitate an uninterrupted 3 The letter was from the Aircraft Owners and Pilots Association (AOPA), Air Medical Operators Association (AMOA), Experimental Aircraft Association (EAA), Helicopter Association International (HAI), National Agricultural Aviation Association, National Air Transportation Association (NATA), and National Business Aviation Association (NBAA). 4 SFAR 118 provided disproportionate relief for medical certificates that expired in April and May 2020 by extending them all until June 30, 2020. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 stream of airmen for flight operations and ensure continuity of essential air service while reducing possible exposure to COVID–19 and allowing for flexibility in scheduling medical appointments. A4A added that, as access to aviation medical examiners resumes, these non-emergency medical appointments may be subject to large backlogs and not considered priority. A4A reiterated the FAA’s determination from SFAR 118 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.’’ In addition, on May 19, 2020, the President issued Executive Order 13924, Regulatory Relief to Support Economic Recovery, setting forth ‘‘the policy of the United States to combat the economic consequences of COVID–19 with the same vigor and resourcefulness with which the fight against COVID–19 itself has been waged.’’ Among other things, the Executive Order directed executive branch agencies to ‘‘address this economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery consistent with applicable law and with protection of the public health and safety . . . .’’ This final rule is consistent with this Executive Order. III. Discussion of Final Rule Without the expanded 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 public health emergency. Airmen continue to have trouble complying with certain training, recency, checking, testing, duration, and renewal requirements even as stay-at-home advisories are lifted. Even as the Nation transitions to various phases of reopening throughout the country, authorities continue to promote social distancing and limiting exposure to slow the spread of the virus. To comply with many of the FAA’s training, recency, checking, testing, duration, and renewal requirements, an airman is 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. In such an environment, there is an increased risk of transmission of the virus. Although there are signs of increased aviation activity, many of the challenges that existed when SFAR 118 was first PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 issued remain today. As those airmen that exercised the relief in the SFAR begin to reschedule training and qualification activities, further strain is placed on the training ecosystem for those airmen who are due for events in the upcoming months. In addition, the FAA workforce and its designees have not fully returned to normal activity. As a result, airman qualifications will lapse because persons cannot access training or testing facilities or schedule events in a timely fashion, or because FAA inspectors or designees are unavailable to conduct required tests, checks, or observations. 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 to a new cohort of airmen. 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.5 Each of the following sections explains the relief being granted and the airmen or air agencies eligible for the relief.6 The mitigations the FAA found necessary to ensure aviation safety remain unchanged from SFAR 118; therefore, they are not fully explained in the preamble of this amendment. While the FAA is expanding the relief in SFAR 118 to a new group of airmen, it has not extended the period of relief 5 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. 6 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). Apart from this SFAR’s application within the United States, certificate holders or operators may dispatch or release flights and pilots and other crewmembers may operate outside of the United States under this SFAR, unless otherwise prohibited by a foreign country. For international operations where pilots and other crewmembers will exercise the relief identified in this SFAR, 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. E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES provided to the original group of airmen except in one instance related to medical certification that is explained later in this preamble. The FAA maintains that limited extensions, not to exceed 3 calendar months (grace months), for training, checking, and currency requirements are acceptable in these extraordinary circumstances. Further extending the grace period provided to the original group of airmen covered by SFAR 118, however, presents an added risk to the system that the FAA does not broadly support. The grace months provided by the SFAR were to offer flexibility in scheduling the necessary events given the disruption caused by the COVID–19 public health emergency. Certificate holders should seek to schedule those events as soon as it is practical and safe to do so given individual circumstances. 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 general aviation provides is particularly critical as the Nation begins to recover from the public health emergency. Because some phased recovery measures continue to recommend that people stay at home or limit exposure through social distancing, some airmen will continue to have difficulty completing certain regulatory requirements in the short-term. In addition, as aviation activity begins to resume, the FAA anticipates that the demand for training, checking, and testing will exceed the availability of qualified instructors, check airmen, and examiners in many locations. The relief in this final rule will provide additional time and flexibility for airmen to schedule and complete those regulatory activities. The FAA encourages airmen not to delay scheduling until the last possible moment to ensure compliance by the end of the grace periods. As a result, the FAA finds temporary relief from some requirements is still necessary to maintain critical operations, increase flexibility in scheduling, 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 overarching eligibility for relief in Section A remains unchanged from the original issuance of SFAR 118; however, it is reiterated here for clarity. Except for medical certification, no individuals VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 who obtained relief under the original SFAR will receive an extension of that relief. Specific eligibility changes for individual sections will be discussed in those sections. 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 137.7 In addition, 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 exceptions in § 61.113(b), (d), (e), or (h) or by exemption.8 7 In accordance with § 137.19, a private operator pilot that holds a private pilot certificate is also eligible for relief. 8 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). PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 38767 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 amendment to SFAR 118 addresses crewmember qualifications that may lapse in the next few months, provided the crewmember is eligible for the relief and satisfies the safety mitigations before exercising the 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 an 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.9 Although paragraph (c) 9 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. E:\FR\FM\29JNR1.SGM 29JNR1 38768 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations provides SICs a grace month 10 for accomplishing this recency requirement, the effects of the COVID– 19 public health emergency continues to create challenges for accomplishing this requirement even within that additional timeframe. As a result, the FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, 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 through September 2020. The ‘‘base month’’ is the month in which training is due. Under this SFAR, pilots will have a total of three grace months after the base month to accomplish the requirements of § 61.55(b).11 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 requirements prescribed in SFAR 118 prior to serving as an SIC.12 The FAA notes that, for pilots whose base month is March 2020, the threemonth grace period is available through June 30, 2020, and these pilots must complete the requirements in § 61.55 before acting as SIC after June 30, 2020. 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 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.13 The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, 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 jbell on DSKJLSW7X2PROD with RULES 10 The ‘‘grace month’’ is the month after the month in which training is due during which the pilot is still eligible to maintain recency. 11 The three grace months consist of the grace month provided in § 61.55(c) and the two additional grace months provided by this SFAR. 12 85 FR 26330. 13 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. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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 September 2020. Eligible pilots must complete the requirements prescribed in SFAR 118 prior to serving as a PIC.14 The FAA notes that, for pilots whose flight review was due in March 2020, the three-month grace period is available through June 30, 2020, and these pilots must complete the requirements in § 61.56 before acting as PIC after June 30, 2020. c. Recent Flight Experience: Pilot in Command (§ 61.57) Section 61.57 contains the recent flight experience requirements to serve as a PIC in an aircraft under various conditions. 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 § 61.57(c),15 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 using navigational electronic systems. 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 16 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 14 85 FR 263301. 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. 16 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). 15 Section PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 instructor, company check pilot, designated pilot examiner, or person approved by the Administrator.17 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 § 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 September 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 September 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).18 17 Section 61.57(d)(3) contains the list of persons who may administer an instrument proficiency check. 18 For example, if the pilot performed and logged the tasks required by § 61.57(c)(1) in December 2019, that pilot may continue exercising instrument privileges under this SFAR after June 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 September 30, 2020. After September 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 September 30, 2020, that pilot would have three calendar months (until December 31, 2020) available to attain the instrument experience prior to requiring completion of an instrument proficiency check. E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 or is turbojet-powered. Paragraph (a)(1) requires a pilot to complete a PIC proficiency check within the preceding twelve calendar months in an aircraft that is type certificated for more than one required pilot 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.19 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 public health emergency, 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 SFAR 118.20 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 September 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 September 2020, are also eligible for the relief in this SFAR.21 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).22 A 19 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. 20 85 FR 26331–2 21 If a pilot’s base month is September 2020, this SFAR extends the validity through December 30, 2020. 22 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. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 PIC proficiency check completed during the grace period will be considered to have been completed in the base month. The FAA notes that, for pilots whose proficiency check was due in March 2020, the three-month grace period is available through June 30, 2020, and these pilots must complete the requirements in § 61.58 before acting as PIC after June 30, 2020. 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. 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 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 38769 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 public health emergency, 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 through September 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 SFAR 118.23 If a management specification holder seeks the relief provided in this amendment, the risk mitigation plan must include reference to crewmembers whose base month is July through September 2020, as appropriate. This may require an amendment to a previously submitted mitigation plan under the conditions of SFAR 118; however, persons whose base month was March through June 2020 receive no further relief under this portion of the final rule. 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 23 85 E:\FR\FM\29JNR1.SGM FR 26332–3. 29JNR1 38770 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES § 91.1703(b),24 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,25 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).26 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 91.27 Section 91.1703(e) requires a person to complete recurrent training within the preceding twelve months without the option of a grace month.28 Under § 91.1705(e), however, a person has one 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 public health emergency, the FAA supports relief for certain experienced pilots 24 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). 25 The requirements for ground and flight training are on initial/transition, requalification, recurrent, and differences training. 14 CFR 91.1705(a)(1). 26 Section 91.1705(a)(2) requires the person’s logbook to have been endorsed in accordance with § 91.1705(f). 27 Section 91.1705(b)(2) also requires the person’s logbook to have been endorsed in accordance with § 91.1705(f). 28 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). VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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,29 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.30 To be eligible for this relief, pilots must be qualified under subpart N of part 91 and their base month for completing the recurrent training must fall in March through September 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. In addition, 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 and are described in SFAR 118.31 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.32 Under the extraordinary circumstances of the COVID–19 public health emergency, eligible remote pilots 29 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. 31 85 FR 26333. 32 Final Rule, Operation and Certification of Small Unmanned Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016). 30 This PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 who 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 September 2020. The remote pilot may complete the FAA-developed initial or recurrent online training courses 33 at www.faasafety.gov one time to establish knowledge recency for six calendar months.34 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 § 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 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 upon 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 amendment may establish recency of aeronautical knowledge per § 107.65(c) and retain remote pilot privileges for 24 calendar months. 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. The FAA issues a Letter of Deviation Authority (LODA) for various kinds of operations to include airplane 33 ALC–451 (Part 107 Small Unmanned Aircraft Systems (small UAS) Initial); ALC–515 (Part 107 Small Unmanned Aircraft Systems (small UAS) Recurrent). 34 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). E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES ferry, sales demonstrations, or training.35 These LODA-holders conduct operations under part 91 and may hold an operating certificate and have operations specifications (OpSpecs).36 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. 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 12 calendar months and pass a competency check in the type of airplane flown in part 125 operations every 12 calendar months.37 Section 125.289 requires a flight attendant to complete recurrent testing every 12 calendar months. Section 125.293(a) provides for a grace month for crewmembers to complete testing or checking.38 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.39 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. The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that allowing two additional grace months for completing the recurrent testing, checking, and training 35 These are A510, A511, or A512 LODA holders, respectively. 36 Pilots of these LODA-holders comply with the recency, training, and checking requirements of part 61. 37 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. 38 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. 39 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. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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.40 The relief applies to requirements for currently qualified flight crewmembers only, whose base month is March through September 2020. It does not apply to requirements for the training and qualification of new personnel. To utilize the relief provided by this SFAR, the certificate holder or A125 LODA holder must provide an acceptable risk mitigation plan as described in SFAR 118.41 If a certificate holder or A125 LODA holder seeks the relief provided in this amendment, the mitigation plan must include reference to crewmembers whose base month is July through September 2020, as appropriate. This may require an amendment to a previously submitted mitigation plan under the conditions of SFAR 118; however, persons whose base month was March through June 2020 receive no further relief under this portion of the final rule. 6. Robinson R–22/R–44 Special Training and Experience Requirements (SFAR 73) SFAR 73 established special training and experience requirements for pilots operating the Robinson model R–22 or R–44 helicopters to maintain safe operation of these 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.42 Otherwise, it requires the person to comply with the endorsement requirements of SFAR 73.43 Under the extraordinary circumstances of the COVID–19 public health emergency, the FAA has determined that the PIC of an R–22 or R–44 is compliant with SFAR 73 if the 40 Pilots of other LODA-holders would comply with the applicable relief to part 61 training, recency, testing, and checking requirements. 41 85 FR 26334. 42 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. 43 See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or (2) Aeronautical Experience. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 38771 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 September 2020 may extend an additional three calendar months, provided the pilots meet the requirements prescribed in SFAR 118.44 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 provide relief for additional persons for certain duration and renewal requirements because the COVID–19 public health emergency has continued to make compliance difficult. Without extending this short-term relief, some certificate holders will not have the flexibility necessary to schedule testing events or medical exams due to the backlog of required events and the availability of FAA examiners and designees. The relief discussed more fully in the following sections responds to continued disruptions that have prevented certificate holders from seeking timely renewals of certificates or from completing certain testing activity before expiration dates have passed. Because disruptions have continued as activities begin to resume, the FAA is providing the relief for periods of time deemed necessary to alleviate the burden. The FAA has determined, under the extraordinary circumstances of the COVID–19 public health emergency, 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. 44 85 E:\FR\FM\29JNR1.SGM FR 26335. 29JNR1 38772 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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.2.a. The FAA also recognizes that the inability to complete a practical test at this time may still be outside the applicant’s control due to the limited number of practical tests currently being conducted. As a result, the FAA is providing relief to extend the knowledge test validity period as described in B.1.b. 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 was 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 incorporated the relief granted in those exemptions into SFAR 118 and expanded it to all pilots to encompass all operations subject to §§ 61.2, 61.23, and 63.3.45 Under the extraordinary circumstances of the COVID–19 public health emergency, the FAA has determined that even as some routine activity is resuming and aviation medical examiners are beginning to see patients for aviation medical examinations, further relief is necessary 45 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.2 of this preamble. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 for a short period of time. In SFAR 118, the FAA extended to June 30, 2020, the validity period of all medical certificates due to expire in March through May 2020. This relief was helpful to many pilots; however, the relief granted some pilots a three-month extension, some pilots a two-month extension, and some pilots a one-month extension. This approach has resulted in four groups of airmen with medical certificates set to expire on the same day. To provide relief to those airmen who continue to be affected by restrictions and recommendations implementing phased reopening, and allow for flexibility in scheduling the medical exams, the FAA is amending the relief in SFAR 118. The FAA has determined that pilots may operate with a medical certificate that has been extended no more than 3 calendar months for a limited time without creating a risk to aviation safety that is unacceptable under the extraordinary circumstances surrounding the COVID–19 public health emergency. For the reasons cited, this final rule revises SFAR 118 to extend the validity period of medical certificates that expire in April through September 2020 to 3 calendar months beyond the original expiration.46 Accordingly, those pilots who obtained only a one- or two-month extension under the original SFAR will be granted additional relief not to exceed an extension of three months total. Those pilots who hold medical certificates that would have expired in March 2020 obtain no additional relief under this SFAR, and they must obtain a new medical certificate to continue operating after June 30, 2020. Pilots who hold medical certificates that expire in July, August, and September will have a full three-month extension. 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 46 A medical certificate that was to expire in May 2020 has been extended by three calendar months and is now valid until August 31, 2020. Likewise, a medical certificate that expires in September 2020 is now valid until December 31, 2020. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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. b. Prerequisites for Practical Tests (§ 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. Except for the multiengine airplane airline transport pilot (ATP) certificate, FAA knowledge tests are valid for 24 calendar months.47 The multiengine airplane ATP knowledge test is valid for 60 calendar months.48 Because of the COVID–19 public health emergency, an applicant may not have been able to complete a practical test, as planned, prior to the expiration of his or her knowledge test. Applicants continue to have trouble scheduling practical tests. A majority of FAA examiners and designees have not yet resumed practical testing activities. Given the extended period where there were no practical tests being taken, there is a backlog of testing that needs to occur. 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,49 depending upon the testing location, to take an FAA knowledge test. Therefore, requiring a person whose knowledge test result expired during the COVID–19 public health emergency to take another knowledge test would result in an additional economic burden on the applicant. The FAA has determined, under the extraordinary circumstances of the COVID–19 public health emergency, that it is necessary to amend the regulatory relief originally provided in SFAR 118 to add the specific class of 47 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. 48 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 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. 49 FAA Regulatory Support Division provided knowledge test cost information on April 14, 2020. E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations individuals who have knowledge tests expiring between July 2020 and September 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 September 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.50 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.51 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.52 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.53 While this amended 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.54 Under the extraordinary circumstances of the COVID–19 public health emergency, 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. jbell on DSKJLSW7X2PROD with RULES 2. Part 63 As previously described, the FAA is amending the temporary relief from the 50 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. 51 14 CFR 61.39(a)(3). 52 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313. 53 14 CFR 61.39(a)(6). 54 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). VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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.2.a. Extending knowledge test passing results for flight engineers is also necessary and explained in B.2.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 part 67. For the reason previously stated in section B.1.a and subject to the same conditions and limitations, the FAA has determined that flight engineers may operate with a medical certificate that has had its validity period extended for a period not to exceed three calendar months without creating a risk to aviation safety that is unacceptable under the extraordinary circumstances surrounding the COVID–19 public health emergency. Accordingly, the FAA is amending SFAR 118 and extending the validity period for medical certificates that expire in March 2020 through September 2020 by three calendar months. Consistent with the relief to pilots explained in section B.1.a, flight engineers who obtained only a one- or two-month extension under the original SFAR will be granted additional relief not to exceed an extension of three months total. Those flight engineers who hold medical certificates that would have expired in March 2020 obtain no additional relief under this SFAR amendment, and they must obtain a new medical certificate to continue operating after June 30, 2020. Flight engineers who hold medical certificates that expire in July, August, and September will have a full three-month extension. 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 38773 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.55 For the reasons discussed in section B.1.b of this preamble and subject to the same condition and limitations, the FAA is also amending the relief in SFAR 118 to expand it to include persons seeking a flight engineer certificate under part 63 who have written tests expiring between July 2020 and September 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 public health emergency, 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. 3. 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.3.a. and B.3.b. The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, 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 existing 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 55 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. E:\FR\FM\29JNR1.SGM 29JNR1 38774 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 public health emergency, is also amending the relief in SFAR 118 to extend it to persons seeking an aircraft dispatcher certificate under part 65 who have knowledge tests expiring between July 2020 and September 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 September 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. 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 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.56 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. In addition, § 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 public health emergency, is also amending SFAR 118 and extending the relief to persons seeking a mechanic certificate or rating issued under part 65 who have testing periods expiring between July 2020 and September 2020. Therefore, consistent with the relief 56 Under part 65, subpart D, the FAA may issue an airframe or powerplant rating. 14 CFR 65.73. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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 through September 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.57 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. In addition, DOT rulemaking procedures in 49 CFR part 5 instruct DOT agencies to issue a regulation upon a reasoned determination that benefits exceed 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 and under DOT rulemaking procedures. 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 57 If a testing period was to expire on April 30, 2020, this SFAR extends the testing period to July 31, 2020. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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. 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 amend the regulatory relief originally provided in SFAR 118. The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. Without the relief in this SFAR, beginning July 1, 2020, and with each month thereafter, a new group of pilots will become unavailable to perform critical operations due to an inability to comply with regulatory requirements. This relief allows affected operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. In addition, this rule provides regulatory relief to persons unable to meet duration and renewal requirements due to the public health emergency. The regulatory relief in this amendment will enable the continuity of aviation operations that are critical during the COVID–19 public health emergency and recovery, including operations that support essential services and flights that support response efforts. In addition, this rule 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 public health emergency that are outside of their control. This rule also provides additional flexibility for scheduling training and qualification activities as the U.S. transitions from safer-at-home advisories to various phases of reopening. In addition, 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 E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES transport essential goods and/or medical supplies to support public health needs. This rule 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. In addition to pilots, this rule provides temporary relief to other persons such as flight attendant crewmembers, aircraft dispatchers, flight engineers, mechanics, and instructors. 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 rule will result in small costs for affected operators to notify the FAA and submit plans to mitigate safety risks and ensure proficiencies. To take advantage of the extended relief provided by this rule, an affected certificate holder or A125 LODA holder will be required to submit a new or revised mitigation plan to its assigned FAA principal operations inspector. The plan will 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 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 expects these plans to contain existing information maintained by affected operators. 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 additional relief to enable operators to continue to use pilots and other crewmembers in support of essential operations. As a result, this rule will reduce disruption to the continuity of essential services in response to the COVID–19 public health emergency. This rule also provides extended relief from certain duration and renewal requirements to reduce VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 unnecessary risk of exposure and to assure persons that they will not endure economic burdens due to noncompliance 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 public health emergency while supporting essential services necessary to fight the public health emergency. 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 38775 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, to utilize the temporary relief provided by this SFAR amendment, an affected certificate holder or a part 125 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. While SFAR 118 provided relief in the form of a grace period for those entities whose base month for completing the recurrent testing, checking, and training requirements was March, April, May, or June 2020, this final rule extends the grace period to those whose base month falls in July 2020 through September 2020. A part 125 certificate holder or A125 LODA holder will, therefore, be required to submit a new or revised mitigation plan to take advantage of the relief provided in this amendment. In SFAR 118, the FAA estimated that of the 69 part 125 certificate holders and A125 LODA holders, all would avail themselves of the relief provided by SFAR 118, and therefore would be required to provide mitigation plans to their assigned principal operations inspector. For this final rule, the FAA estimates that those same 69 part 125 certificate holders and A125 LODA holders will avail themselves of the extended grace period for those entities whose base month falls in July, August, and September 2020 and will submit new or revised mitigation plans. The FAA continues to estimate 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 E:\FR\FM\29JNR1.SGM 29JNR1 38776 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES burden to part 125 certificate holders and A125 LODA holders for this amendment to be $7,038.58 Therefore, the total burden of this collection is estimated to be $14,076.59 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 have submitted a plan to take advantage of the relief in SFAR 118 and the same 69 part 125 certificate holders and A125 LODA holders expected to submit a new or revised plan for this amendment, the total number of plans for review by an ASI is 138. The total number of plans to review multiplied by the hourly wage of a GS–13 FAA ASI results in an estimated burden to the FAA of $13,720 (138 responses × 1 hour × $99.42 = $13,720).60 As provided under 5 CFR 1320.13, Emergency Processing, and the Paperwork Reduction Act and its implementing regulations, DOT is requesting emergency processing to amend the temporary collection of information previously approved under emergency processing with the original SFAR (OMB 2120–0788). 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 public health emergency. 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 58 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. 59 The burden for the original plan submission from SFAR 118 was $7,038. That is added to the amendment burden for new or revised plan submissions of $7,038 for a total of $14,076. 60 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). VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 requirements. In addition, 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 public health emergency, 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 public health emergency. 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 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 by three calendar months for pilots with expiring medicals between April 2020 and September 2020. As a result, the FAA will update the temporary difference filed 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 update the temporary difference filed 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 update the temporary difference filed with ICAO. Apart from this SFAR’s application within the United States, 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, E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 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. Like SFAR 118, 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), the FAA has prepared a memorandum for the record stating the reason(s) for this determination and has placed it in the docket for SFAR 118 (the same docket for this rulemaking). The FAA reviewed the memorandum it added to the docket to support SFAR 118 and finds the determination applies to this rule unchanged. 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. jbell on DSKJLSW7X2PROD with RULES 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 Civil Aviation Authorities VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 (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 public health emergency 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 38777 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 This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. Air traffic controllers, Aircraft, Airmen, Airports, Aviation safety, Reporting and recordkeeping requirements, Security measures. VI. How To Obtain Additional Information 14 CFR Part 91 A. Availability of Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the internet — 1. Search the Federal eRulemaking Portal (https://www.regulations.gov/); 2. Visit the FAA’s Regulations and Policies web page at https:// www.faa.gov/regulations_policies/ or 3. Access the Government Printing Office’s web page at https:// www.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/. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 21 and add, in its place, SFAR No. 118–1 to part 21 to read as follows: ■ E:\FR\FM\29JNR1.SGM 29JNR1 38778 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, 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: ■ 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 61 and add, in its place, SFAR No. 118–1 to part 61 to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency 1. Applicability. This Special Federal Aviation Regulation (SFAR) applies to— (a) Certain persons who are unable to meet the following requirements during some period between March 1, 2020 and September 30, 2020— (1) Training, recency, testing and checking requirements specified in parts 61, 91, 107, and 125 of this chapter, and SFAR No. 73 of this part; and (2) Duration and renewal requirements specified in parts 61, 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 this part, provided the person meets one of the following paragraphs— (i) The person is conducting a charitable medical flight for a volunteer VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 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 consistent with the compensation or hire exceptions 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) Airmen requirements. Notwithstanding the period specified in § 61.55(c) of this chapter, a person who is required to complete the second-in-command familiarization and currency requirements under § 61.55(b)(1) and (2) between March 1, 2020 and September 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— PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 (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. (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 September 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 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 E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 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 September 30, 2020, a person who meets the qualification requirements of paragraph 2.(b)(3)(i) of this SFAR may act as pilot in command under IFR or in weather conditions less than the minimums prescribed for VFR. (iii) Instrument currency after September 30, 2020. Before acting as pilot in command under IFR or in weather conditions less than the minimums prescribed for VFR after September 30, 2020, the person must comply with § 61.57(c). (4) Pilot in command proficiency check requirements of § 61.58. (i) Airmen requirements. 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 September 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; VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 (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 September 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 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 September 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 September 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. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 38779 (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 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 September 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 September 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) E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES 38780 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations or § 91.1095(a)(2) of this chapter between March 1, 2020 and September 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 it 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 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 September 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 VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 currency, is required to complete a flight review in a Mitsubishi MU–2B series airplane between March 1, 2020 and September 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 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, logged at least 10 hours of flight time 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, completed online Wings courses for pilots from FAA Safety Team website, available at 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, 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 September 30, 2020. (ii) Qualification requirements. The person must have completed an FAAdeveloped initial or recurrent online training course, available at www.faasafety.gov, covering the areas of knowledge specified in § 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 § 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 September 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, E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 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 (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 September 30, 2020. (ii) Qualification requirements. The person must— (A) Satisfy the qualification requirements specified in paragraph 2.(b)(2)(ii) of this SFAR, except (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— VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 (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; (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 www.faasafety.gov; and (D) Complete Course ALC–104: Helicopter—General and Flight Aerodynamics at 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 § 61.56. 3. Duration and renewal requirements. (a) This Part. (1) Extension of medical certificate duration requirements. The expiration date of a first-, second-, or third- class medical certificate that expires between March 31, 2020 and September 30, 2020 is extended three calendar months from the duration established in § 61.23(d) of this part. 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 part 61 of this chapter 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 September 30, 2018; or PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 38781 (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 September 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 September 30, 2020 is extended 3 calendar months from the original expiration date. 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 September 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 September 30, 2018. E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES 38782 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations (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 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 September 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 six calendar month VerDate Sep<11>2014 17:30 Jun 26, 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 nine calendar months after returning to the United States, provided the person— (i) Is eligible in accordance with paragraph 2 of SFAR No. 100–2 of this part; (ii) Complies with the documentation requirements specified in paragraph 3 of SFAR No. 100–2 of this part; and (iii) 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 00034 Fmt 4700 Sfmt 4700 (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 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. 6. Office of Management and Budget (OMB) control number. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) requires the FAA to get approval from OMB for our information collection activities. The OMB control number assigned to the FAA’s information collection associated with this SFAR is 2120–0788. 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. E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations ■ 6. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 63 and add, in its place, SFAR No. 118–1 to part 63 to read as follows: ■ Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, see part 61 of this chapter. 12. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 107 and add, in its place, SFAR No. 118–1 to part 107 to read as follows: For the text of SFAR No. 118–1, see part 61 of this chapter. 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. 8. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 65 and add, in its place, SFAR No. 118–1 to part 65 to read as follows: 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 ■ Special Federal Aviation Regulation No. 118–1 —Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, see part 61 of this chapter. PART 91—GENERAL OPERATING AND FLIGHT RULES 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. 14. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 125 and add, in its place, SFAR No. 118–1 to part 125 to read as follows: ■ Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, see part 61 of this chapter. 10. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 91 and add, in its place, SFAR No. 118–1 part 91 to read as follows: ■ ■ Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, see part 61 of this chapter. jbell on DSKJLSW7X2PROD with RULES 13. The authority citation for part 125 continues to read as follows: ■ 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). PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS 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. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on June 24, 2020. Steve Dickson, Administrator, Federal Aviation Administration. [FR Doc. 2020–13960 Filed 6–25–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 PART 65—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS ■ 38783 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 141 and add, in its place, SFAR No. 118–1 to part 141 to read as follows: ■ Special Federal Aviation Regulation No. 118–1—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–1, see part 61 of this chapter. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 [Docket No. FAA–2020–0007; Airspace Docket No. 19–ASO–11] RIN 2120–AA66 Revocation and Amendment of Multiple Air Traffic Service (ATS) Routes in the Vicinity of Newcombe, KY Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends VHF Omnidirectional Range (VOR) Federal airways V–4 and V–119, and removes VOR Federal airways V–331 and V–478 in the vicinity of Newcombe, KY. The Air Traffic Service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portion of the Newcombe, KY, VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID) which provides navigation guidance for portions of the affected ATS routes. The Newcombe VOR is being decommissioned as part of the FAA’s VOR Minimum Operational Network (MON) program. The VOR Federal airway V–53, V– 115, V–140, and V–339, and Area Navigation (RNAV) route T–215 and T– 323 modifications proposed in the notice of proposed rulemaking (NPRM) require additional coordination and flight inspection activities. As such, those ATS route modifications are removed from this rule. DATES: Effective date 0901 UTC, September 10, 2020. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https:// www.faa.gov/air_traffic/publications/. For further information, you can contact SUMMARY: E:\FR\FM\29JNR1.SGM 29JNR1

Agencies

[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Rules and Regulations]
[Pages 38763-38783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13960]


=======================================================================
-----------------------------------------------------------------------

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). 21-102, 61-145, 63-43, 65-60, 
91-357, 107-3, 125-69, and 141-21]
RIN 2120-AL64


Limited Extension of Relief for Certain Persons and Operations 
During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency

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

ACTION: Final rule.

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

SUMMARY: This final rule amends the regulatory relief originally 
provided in the Relief for Certain Persons and Operations during the 
Coronavirus Disease 2019 (COVID-19) final rule. Other than relief for 
medical certificate duration, the relief in this final rule applies to 
a new population of airmen and does not extend the relief provided in 
the original Special Federal Aviation Regulation (SFAR). The amended 
relief applies to new persons who may have challenges complying with 
certain training, recent experience, testing, and checking 
requirements. This relief allows operators to continue to use pilots 
and other crewmembers in support of essential operations during this 
extended period. This SFAR also provides regulatory relief to 
additional persons unable to meet duration and renewal requirements due 
to the public health emergency.

DATES: Effective June 25, 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 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. In addition, other individuals may 
be unable to satisfy certain requirements due to a reduced availability 
of personnel that are able to conduct routine aviation activities. In 
other instances, such activities may be contrary to State and local 
directives that continue certain restrictions as they implement phased 
recovery plans.
    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, 
including operations that support essential services and flights that 
support the COVID-19 public health emergency response efforts. These 
operations are likely to face disruption due to a decreased supply of 
qualified pilots resulting from the effects of the COVID-19 public 
health emergency including the reduced number of personnel available to 
administer required training, checking, and testing. Without the relief 
in this SFAR, beginning July 1, 2020, and with each month thereafter, a 
new group of pilots will become unavailable to perform critical 
operations due to an inability to comply with regulatory 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 immediate period following the 
initial COVID-19 public health 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 even though compliance could require acting 
contrary to national social distancing guidelines and restrictions in 
State and local directives associated with phased recovery efforts.

[[Page 38764]]

In addition, as routine activities begin to resume, these individuals 
may be unable to satisfy requirements for reasons outside their 
control, such as the reduced number of personnel. 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 act 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 any delay in 
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 and into the period of 
recovery. Furthermore, the continually evolving public health situation 
as a result of, and State and local responses to, the COVID-19 public 
health emergency significantly limits how far in advance the FAA can 
usefully assess the need for the flexibilities provided for in this 
regulation.
    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 
public health emergency. 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)
    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)
    2. Part 63
    a. Certificates and Ratings Required (Sec.  63.3)
    b. Knowledge Requirements (Sec.  63.35)
    3. Part 65
    a. [Dispatcher] Knowledge Requirements (Sec.  65.55)
    b. Eligibility Requirements: General (Sec.  65.71)
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. Persons 
continue to have difficulty complying with several of the FAA's 
requirements because of the ongoing effects of the COVID-19 public 
health emergency, including the continuation of social distancing 
guidelines to prevent transmission of the virus. 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 even as stay-at-home advisories are lifted and replaced 
with State and local directives for phased recovery and routine 
activities resume. The regulatory relief provided in this final rule 
will amend the Relief for Certain Persons and Operations during the 
Coronavirus Disease 2019 (COVID-19) final rule (SFAR 118) (85 FR 26326) 
that was issued on April 30, 2020. This amendment will enable the 
continuity of aviation operations that are critical during the COVID-19 
public health emergency and the recovery, including operations that 
support essential services and flights that support response efforts. 
In addition, 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 public health emergency that are outside of their control. The FAA 
notes that, except for one instance related to the extension of medical 
certificates, no extension of relief has been granted to airmen who 
were eligible for relief in SFAR 118. The FAA also notes that, in this 
final rule, it is not expanding every area of relief provided in 
original SFAR 118. Although this amended SFAR will remain effective 
through March 31, 2021, that date does not reflect the duration for 
every provision. As a result, airman, operators, and air agencies 
should review the eligibility, conditions, and duration of the SFAR 
carefully to ensure compliance.
    The table below summarizes the amendments to SFAR 118.

[[Page 38765]]



----------------------------------------------------------------------------------------------------------------
                                                                    Original SFAR 118       Amended SFAR 118-1
                14 CFR                       Area of relief               relief                  relief
----------------------------------------------------------------------------------------------------------------
61.55.................................  Second-in-Command Pilot  Due March-June 2020 has  Added pilots due July-
                                         Qualifications.          3 grace months to        Sept 2020.
                                                                  complete training.
61.56.................................  Pilot Flight Review....  Due March-June 2020 has  Added pilots due July-
                                                                  3 grace months to        Sept 2020.
                                                                  complete flight review.
61.57.................................  Pilot Instrument         9-month currency look-   Added look-back period
                                         Currency.                back period (instead     for flights in July-
                                                                  of 6 months) for         Sept 2020.
                                                                  flights April 30-June
                                                                  30, 2020.
61.58.................................  Pilot-in-Command         Due March-June 2020 has  Added pilots due in
                                         Proficiency Check.       3 grace months to        July-Sept 2020.
                                                                  complete check.
Part 91, Subpart K....................  Crewmember Requirements  Due March-June 2020 has  Added crewmembers due
                                                                  3 grace months to        in July-Sept 2020.
                                                                  complete training,
                                                                  recency, and checking.
Part 91, Subpart N....................  Mitsubishi MU-2B Series  Due March-June 2020 has  Added pilots due in
                                         Special Training,        3 grace months to        July-Sept 2020.
                                         Experience, and          complete training and
                                         Operating Requirements.  flight review.
107.65................................  Remote Pilot             Due March-June 2020;     Added remote pilots
                                         Aeronautical Knowledge   privileges are renewed   whose privileges are
                                         Recency.                 for 6 months following   due to expire July-
                                                                  completion of online     Sept 2020.
                                                                  training.
Part 125..............................  Flight Crewmember        Due March-June 2020 has  Added crewmembers due
                                         Requirements.            3 grace months to        in July-Sept 2020.
                                                                  complete training,
                                                                  recency, and checking.
SFAR 73...............................  Robinson R-22/R-44       Due March-June 2020 has  Added pilots due in
                                         Special Training and     3 grace months to        July-Sept 2020.
                                         Experience               complete flight review.
                                         Requirements.
61.23.................................  Pilot Medical            Validity of March-May    Extend medical
                                         Certificate Duration.    2020 medicals extended   validity period by 3
                                                                  to June 30, 2020.        calendar months from
                                                                                           expiration applies to
                                                                                           medicals expiring
                                                                                           March-Sept 2020.
61.39.................................  Pilot Knowledge Test     Test results expiring    Knowledge tests
                                         Validity Period.         March-June 2020          expiring in July-Sept
                                                                  extended 3 calendar      2020 added.
                                                                  months.
61.197................................  Flight Instructor        Certificate expiration   No change.
                                         Renewal.                 March-May 2020 have
                                                                  until June 30, 2020 to
                                                                  renew.
SFAR 100-2............................  Relief for U.S.          Eligible persons that    No change.
                                         Military and Civilian    returned from overseas
                                         Personnel Who are        October 2019-March
                                         Assigned Outside the     2020 received an
                                         U.S. in Support of       extension of 3
                                         U.S. Armed Forces        calendar months.
                                         Operations.
63.3..................................  Flight Engineer Medical  Validity of March-May    Extend medical
                                         Certificate Duration.    2020 medicals extended   validity period by 3
                                                                  to June 30, 2020.        calendar months from
                                                                                           expiration applies to
                                                                                           medicals expiring
                                                                                           March-Sept 2020.
63.35.................................  Flight Engineer Written  Test results expiring    Written tests expiring
                                         Test Validity Period.    March-June 2020          in July-Sept 2020
                                                                  extended 3 calendar      added.
                                                                  months.
65.55.................................  Dispatcher Knowledge     Test results expiring    Knowledge tests
                                         Test Validity Period.    March-June 2020          expiring in July-Sept
                                                                  extended 3 calendar      2020 added.
                                                                  months.
65.71.................................  Mechanic Applicant       Testing period expires   Testing period
                                         Testing Period.          March-June 2020          expiring in July-Sept
                                                                  extended 3 months.       2020 added.
65.93.................................  Mechanic with            3 additional months      No change.
                                         Inspection               (April-June 2020) to
                                         Authorization Renewal.   meet year one renewal
                                                                  requirements.
65.117................................  Military Riggers.......  Eligible military        No change.
                                                                  parachute riggers who
                                                                  were released March-
                                                                  June 2019 have 3
                                                                  additional months to
                                                                  make application.
141.5.................................  Pilot School             Provisional certificate  No change.
                                         Certificate              expires April-June
                                         Requirements.            2020 extended to Dec
                                                                  31, 2020 to apply for
                                                                  a pilot school
                                                                  certificate.
141.27................................  Pilot School             Certificate expires      No change.
                                         Certificate Renewal      April-June 2020
                                         Requirements.            extended to Dec 31,
                                                                  2020 to renew.
21.197................................  Special Flight Permit--  April 30-Dec 31, 2020..  No change.
                                         Move Aircraft to
                                         Storage.
----------------------------------------------------------------------------------------------------------------

II. Background

    In March 2020, the FAA received several letters from industry 
associations petitioning the FAA for relief and extensions from certain 
requirements during the COVID-19 public health emergency.\2\ The 
content of the letters and the relief and flexibility sought were 
described in the Relief for Certain Persons and Operations during the 
Coronavirus Disease 2019 (COVID-19) final rule (SFAR 118) (85 FR 
26326). On May 29, 2020, the FAA received an additional letter signed 
by six industry associations seeking to extend by a month the relief 
granted to those individuals eligible for

[[Page 38766]]

relief in SFAR 118.\3\ The letter also requested the FAA to expand the 
eligibility of the relief to additional groups of pilots, operators, 
and certificate holders who face expiring experience, testing, 
checking, duration, medical, and renewal requirements in July through 
September 2020.
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    \2\ These letters are available in the rulemaking docket.
    \3\ The letter was from the Aircraft Owners and Pilots 
Association (AOPA), Air Medical Operators Association (AMOA), 
Experimental Aircraft Association (EAA), Helicopter Association 
International (HAI), National Agricultural Aviation Association, 
National Air Transportation Association (NATA), and National 
Business Aviation Association (NBAA).
---------------------------------------------------------------------------

    The industry associations supported their position by acknowledging 
that while restrictions are easing in some areas, they continue to see 
burdens and restrictions that will continue to have a negative impact 
on the aviation community into the foreseeable future. The letter cited 
guidance from the Centers for Disease Control and Prevention (CDC), 
which continues to recommend limited contact with persons outside of 
one's household, and added that State and local governments are 
enforcing social distancing requirements. As a result, many aviation 
stakeholders seek to minimize their risk of exposure. The industry 
associations referenced FAA data, which indicates that ``more than 57% 
of [designated pilot examiners] are over the age of 60, a demographic 
at higher risk of severe effects'' from COVID-19 disease. The letter 
also cited aviation medical examiners either being unavailable or 
taking weeks to schedule appointments. They added that the additional 
flexibility will allow airmen and examiners to abide by CDC and 
individual State recommendations while stimulating the economy and 
moving medical and emergency supplies when needed. The industry 
associations believe the safety mitigations in SFAR 118 will continue 
to ensure an equivalent level of safety during the extensions.
    The FAA also received a petition for exemption from Airlines for 
America (A4A) requesting additional relief from expiration dates for 
medical certificates beyond what SFAR 118 provided for part 121 pilots 
and flight engineers. Specifically, A4A requested that airmen holding 
medical certificates that were due to expire in April 2020 and May 2020 
be extended for a total of three calendar months.\4\ In addition, A4A 
sought a 3-month extension to medicals that will expire in July through 
September 2020. It stated that such relief would facilitate an 
uninterrupted stream of airmen for flight operations and ensure 
continuity of essential air service while reducing possible exposure to 
COVID-19 and allowing for flexibility in scheduling medical 
appointments. A4A added that, as access to aviation medical examiners 
resumes, these non-emergency medical appointments may be subject to 
large backlogs and not considered priority. A4A reiterated the FAA's 
determination from SFAR 118 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.''
---------------------------------------------------------------------------

    \4\ SFAR 118 provided disproportionate relief for medical 
certificates that expired in April and May 2020 by extending them 
all until June 30, 2020.
---------------------------------------------------------------------------

    In addition, on May 19, 2020, the President issued Executive Order 
13924, Regulatory Relief to Support Economic Recovery, setting forth 
``the policy of the United States to combat the economic consequences 
of COVID-19 with the same vigor and resourcefulness with which the 
fight against COVID-19 itself has been waged.'' Among other things, the 
Executive Order directed executive branch agencies to ``address this 
economic emergency by rescinding, modifying, waiving, or providing 
exemptions from regulations and other requirements that may inhibit 
economic recovery consistent with applicable law and with protection of 
the public health and safety . . . .'' This final rule is consistent 
with this Executive Order.

III. Discussion of Final Rule

    Without the expanded 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 public health emergency. Airmen continue to have trouble 
complying with certain training, recency, checking, testing, duration, 
and renewal requirements even as stay-at-home advisories are lifted. 
Even as the Nation transitions to various phases of reopening 
throughout the country, authorities continue to promote social 
distancing and limiting exposure to slow the spread of the virus. To 
comply with many of the FAA's training, recency, checking, testing, 
duration, and renewal requirements, an airman is 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. In such 
an environment, there is an increased risk of transmission of the 
virus.
    Although there are signs of increased aviation activity, many of 
the challenges that existed when SFAR 118 was first issued remain 
today. As those airmen that exercised the relief in the SFAR begin to 
reschedule training and qualification activities, further strain is 
placed on the training ecosystem for those airmen who are due for 
events in the upcoming months. In addition, the FAA workforce and its 
designees have not fully returned to normal activity. As a result, 
airman qualifications will lapse because persons cannot access training 
or testing facilities or schedule events in a timely fashion, or 
because FAA inspectors or designees are unavailable to conduct required 
tests, checks, or observations. 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 to a new cohort of airmen.
    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.\5\
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

    Each of the following sections explains the relief being granted 
and the airmen or air agencies eligible for the relief.\6\ The 
mitigations the FAA found necessary to ensure aviation safety remain 
unchanged from SFAR 118; therefore, they are not fully explained in the 
preamble of this amendment.
---------------------------------------------------------------------------

    \6\ 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). Apart from this 
SFAR's application within the United States, certificate holders or 
operators may dispatch or release flights and pilots and other 
crewmembers may operate outside of the United States under this 
SFAR, unless otherwise prohibited by a foreign country. For 
international operations where pilots and other crewmembers will 
exercise the relief identified in this SFAR, 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.
---------------------------------------------------------------------------

    While the FAA is expanding the relief in SFAR 118 to a new group of 
airmen, it has not extended the period of relief

[[Page 38767]]

provided to the original group of airmen except in one instance related 
to medical certification that is explained later in this preamble. The 
FAA maintains that limited extensions, not to exceed 3 calendar months 
(grace months), for training, checking, and currency requirements are 
acceptable in these extraordinary circumstances. Further extending the 
grace period provided to the original group of airmen covered by SFAR 
118, however, presents an added risk to the system that the FAA does 
not broadly support. The grace months provided by the SFAR were to 
offer flexibility in scheduling the necessary events given the 
disruption caused by the COVID-19 public health emergency. Certificate 
holders should seek to schedule those events as soon as it is practical 
and safe to do so given individual circumstances.

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 general aviation provides is particularly critical as the 
Nation begins to recover from the public health emergency. Because some 
phased recovery measures continue to recommend that people stay at home 
or limit exposure through social distancing, some airmen will continue 
to have difficulty completing certain regulatory requirements in the 
short-term. In addition, as aviation activity begins to resume, the FAA 
anticipates that the demand for training, checking, and testing will 
exceed the availability of qualified instructors, check airmen, and 
examiners in many locations. The relief in this final rule will provide 
additional time and flexibility for airmen to schedule and complete 
those regulatory activities. The FAA encourages airmen not to delay 
scheduling until the last possible moment to ensure compliance by the 
end of the grace periods. As a result, the FAA finds temporary relief 
from some requirements is still necessary to maintain critical 
operations, increase flexibility in scheduling, 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 overarching 
eligibility for relief in Section A remains unchanged from the original 
issuance of SFAR 118; however, it is reiterated here for clarity. 
Except for medical certification, no individuals who obtained relief 
under the original SFAR will receive an extension of that relief. 
Specific eligibility changes for individual sections will be discussed 
in those sections.
    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.\7\
---------------------------------------------------------------------------

    \7\ In accordance with Sec.  137.19, a private operator pilot 
that holds a private pilot certificate is also eligible for relief.
---------------------------------------------------------------------------

    In addition, 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 exceptions in Sec.  
61.113(b), (d), (e), or (h) or by exemption.\8\
---------------------------------------------------------------------------

    \8\ 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).
---------------------------------------------------------------------------

    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 amendment to SFAR 118 addresses crewmember qualifications that 
may lapse in the next few months, provided the crewmember is eligible 
for the relief and satisfies the safety mitigations before exercising 
the 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 an 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.\9\ Although paragraph (c)

[[Page 38768]]

provides SICs a grace month \10\ for accomplishing this recency 
requirement, the effects of the COVID-19 public health emergency 
continues to create challenges for accomplishing this requirement even 
within that additional timeframe.
---------------------------------------------------------------------------

    \9\ 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.
    \10\ The ``grace month'' is the month after the month in which 
training is due during which the pilot is still eligible to maintain 
recency.
---------------------------------------------------------------------------

    As a result, the FAA finds, under the extraordinary circumstances 
of the COVID-19 public health emergency, 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 
through September 2020. The ``base month'' is the month in which 
training is due. 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).\11\ 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 requirements prescribed in SFAR 118 prior to serving 
as an SIC.\12\
---------------------------------------------------------------------------

    \11\ 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.
    \12\ 85 FR 26330.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose base month is March 2020, the 
three-month grace period is available through June 30, 2020, and these 
pilots must complete the requirements in Sec.  61.55 before acting as 
SIC after June 30, 2020.
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 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.\13\
---------------------------------------------------------------------------

    \13\ 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.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, 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 September 2020. Eligible pilots must complete the requirements 
prescribed in SFAR 118 prior to serving as a PIC.\14\
---------------------------------------------------------------------------

    \14\ 85 FR 263301.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose flight review was due in March 
2020, the three-month grace period is available through June 30, 2020, 
and these pilots must complete the requirements in Sec.  61.56 before 
acting as PIC after June 30, 2020.
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. 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),\15\ 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 using 
navigational electronic systems.
---------------------------------------------------------------------------

    \15\ 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.
---------------------------------------------------------------------------

    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 \16\ 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.\17\
---------------------------------------------------------------------------

    \16\ 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).
    \17\ Section 61.57(d)(3) contains the list of persons who may 
administer an instrument proficiency check.
---------------------------------------------------------------------------

    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 September 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 September 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).\18\
---------------------------------------------------------------------------

    \18\ For example, if the pilot performed and logged the tasks 
required by Sec.  61.57(c)(1) in December 2019, that pilot may 
continue exercising instrument privileges under this SFAR after June 
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 September 30, 2020. After September 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 September 30, 2020, that pilot would have three 
calendar months (until December 31, 2020) available to attain the 
instrument experience prior to requiring completion of an instrument 
proficiency check.

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

[[Page 38769]]

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 or is turbojet-
powered. Paragraph (a)(1) requires a pilot to complete a PIC 
proficiency check within the preceding twelve calendar months in an 
aircraft that is type certificated for more than one required pilot 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.\19\ 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.
---------------------------------------------------------------------------

    \19\ 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.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, 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 SFAR 118.\20\ 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 September 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 September 2020, are also 
eligible for the relief in this SFAR.\21\ 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).\22\ A PIC 
proficiency check completed during the grace period will be considered 
to have been completed in the base month.
---------------------------------------------------------------------------

    \20\ 85 FR 26331-2
    \21\ If a pilot's base month is September 2020, this SFAR 
extends the validity through December 30, 2020.
    \22\ 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.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose proficiency check was due in 
March 2020, the three-month grace period is available through June 30, 
2020, and these pilots must complete the requirements in Sec.  61.58 
before acting as PIC after June 30, 2020.
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. 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 public health emergency, 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 through September 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 SFAR 
118.\23\ If a management specification holder seeks the relief provided 
in this amendment, the risk mitigation plan must include reference to 
crewmembers whose base month is July through September 2020, as 
appropriate. This may require an amendment to a previously submitted 
mitigation plan under the conditions of SFAR 118; however, persons 
whose base month was March through June 2020 receive no further relief 
under this portion of the final rule.
---------------------------------------------------------------------------

    \23\ 85 FR 26332-3.
---------------------------------------------------------------------------

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

[[Page 38770]]

Sec.  91.1703(b),\24\ 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,\25\ 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).\26\
---------------------------------------------------------------------------

    \24\ 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).
    \25\ The requirements for ground and flight training are on 
initial/transition, requalification, recurrent, and differences 
training. 14 CFR 91.1705(a)(1).
    \26\ Section 91.1705(a)(2) requires the person's logbook to have 
been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    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.\27\
---------------------------------------------------------------------------

    \27\ Section 91.1705(b)(2) also requires the person's logbook to 
have been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    Section 91.1703(e) requires a person to complete recurrent training 
within the preceding twelve months without the option of a grace 
month.\28\ 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.
---------------------------------------------------------------------------

    \28\ 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).
---------------------------------------------------------------------------

    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 public health 
emergency, 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,\29\ because these pilots could 
not meet the qualification requirements.
---------------------------------------------------------------------------

    \29\ See Sec.  91.1703(c) or (d).
---------------------------------------------------------------------------

    Under this SFAR, a person may obtain two additional grace months to 
complete the recurrent training requirements.\30\ To be eligible for 
this relief, pilots must be qualified under subpart N of part 91 and 
their base month for completing the recurrent training must fall in 
March through September 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. In addition, 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 
and are described in SFAR 118.\31\
---------------------------------------------------------------------------

    \30\ 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.
    \31\ 85 FR 26333.
---------------------------------------------------------------------------

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.\32\
---------------------------------------------------------------------------

    \32\ Final Rule, Operation and Certification of Small Unmanned 
Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016).
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health 
emergency, eligible remote pilots who 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 September 2020. The remote pilot may complete 
the FAA-developed initial or recurrent online training courses \33\ at 
www.faasafety.gov one time to establish knowledge recency for six 
calendar months.\34\ 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 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 upon 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 
amendment may establish recency of aeronautical knowledge per Sec.  
107.65(c) and retain remote pilot privileges for 24 calendar months.
---------------------------------------------------------------------------

    \33\ ALC-451 (Part 107 Small Unmanned Aircraft Systems (small 
UAS) Initial); ALC-515 (Part 107 Small Unmanned Aircraft Systems 
(small UAS) Recurrent).
    \34\ 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).
---------------------------------------------------------------------------

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. The FAA issues a Letter of Deviation Authority (LODA) for 
various kinds of operations to include airplane

[[Page 38771]]

ferry, sales demonstrations, or training.\35\ These LODA-holders 
conduct operations under part 91 and may hold an operating certificate 
and have operations specifications (OpSpecs).\36\ 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.
---------------------------------------------------------------------------

    \35\ These are A510, A511, or A512 LODA holders, respectively.
    \36\ Pilots of these LODA-holders comply with the recency, 
training, and checking requirements of part 61.
---------------------------------------------------------------------------

    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 12 calendar months and pass a competency check in the type 
of airplane flown in part 125 operations every 12 calendar months.\37\ 
Section 125.289 requires a flight attendant to complete recurrent 
testing every 12 calendar months. Section 125.293(a) provides for a 
grace month for crewmembers to complete testing or checking.\38\ 
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.\39\ 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.
---------------------------------------------------------------------------

    \37\ 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.
    \38\ 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.
    \39\ 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.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, 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.\40\ The relief applies to 
requirements for currently qualified flight crewmembers only, whose 
base month is March through September 2020. It does not apply to 
requirements for the training and qualification of new personnel. To 
utilize the relief provided by this SFAR, the certificate holder or 
A125 LODA holder must provide an acceptable risk mitigation plan as 
described in SFAR 118.\41\ If a certificate holder or A125 LODA holder 
seeks the relief provided in this amendment, the mitigation plan must 
include reference to crewmembers whose base month is July through 
September 2020, as appropriate. This may require an amendment to a 
previously submitted mitigation plan under the conditions of SFAR 118; 
however, persons whose base month was March through June 2020 receive 
no further relief under this portion of the final rule.
---------------------------------------------------------------------------

    \40\ Pilots of other LODA-holders would comply with the 
applicable relief to part 61 training, recency, testing, and 
checking requirements.
    \41\ 85 FR 26334.
---------------------------------------------------------------------------

6. Robinson R-22/R-44 Special Training and Experience Requirements 
(SFAR 73)
    SFAR 73 established special training and experience requirements 
for pilots operating the Robinson model R-22 or R-44 helicopters to 
maintain safe operation of these 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.\42\ 
Otherwise, it requires the person to comply with the endorsement 
requirements of SFAR 73.\43\
---------------------------------------------------------------------------

    \42\ 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.
    \43\ See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or 
(2) Aeronautical Experience.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health 
emergency, 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 September 2020 may extend an additional 
three calendar months, provided the pilots meet the requirements 
prescribed in SFAR 118.\44\
---------------------------------------------------------------------------

    \44\ 85 FR 26335.
---------------------------------------------------------------------------

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 provide relief for additional persons 
for certain duration and renewal requirements because the COVID-19 
public health emergency has continued to make compliance difficult. 
Without extending this short-term relief, some certificate holders will 
not have the flexibility necessary to schedule testing events or 
medical exams due to the backlog of required events and the 
availability of FAA examiners and designees.
    The relief discussed more fully in the following sections responds 
to continued disruptions that have prevented certificate holders from 
seeking timely renewals of certificates or from completing certain 
testing activity before expiration dates have passed. Because 
disruptions have continued as activities begin to resume, the FAA is 
providing the relief for periods of time deemed necessary to alleviate 
the burden. The FAA has determined, under the extraordinary 
circumstances of the COVID-19 public health emergency, 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.

[[Page 38772]]

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.2.a. The FAA also recognizes that the inability to complete 
a practical test at this time may still be outside the applicant's 
control due to the limited number of practical tests currently being 
conducted. As a result, the FAA is providing relief to extend the 
knowledge test validity period as described in B.1.b.
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 was 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 incorporated the relief granted in those 
exemptions into SFAR 118 and expanded it to all pilots to encompass all 
operations subject to Sec. Sec.  61.2, 61.23, and 63.3.\45\
---------------------------------------------------------------------------

    \45\ 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.2 of this 
preamble.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health 
emergency, the FAA has determined that even as some routine activity is 
resuming and aviation medical examiners are beginning to see patients 
for aviation medical examinations, further relief is necessary for a 
short period of time. In SFAR 118, the FAA extended to June 30, 2020, 
the validity period of all medical certificates due to expire in March 
through May 2020. This relief was helpful to many pilots; however, the 
relief granted some pilots a three-month extension, some pilots a two-
month extension, and some pilots a one-month extension. This approach 
has resulted in four groups of airmen with medical certificates set to 
expire on the same day. To provide relief to those airmen who continue 
to be affected by restrictions and recommendations implementing phased 
reopening, and allow for flexibility in scheduling the medical exams, 
the FAA is amending the relief in SFAR 118. The FAA has determined that 
pilots may operate with a medical certificate that has been extended no 
more than 3 calendar months for a limited time without creating a risk 
to aviation safety that is unacceptable under the extraordinary 
circumstances surrounding the COVID-19 public health emergency. For the 
reasons cited, this final rule revises SFAR 118 to extend the validity 
period of medical certificates that expire in April through September 
2020 to 3 calendar months beyond the original expiration.\46\ 
Accordingly, those pilots who obtained only a one- or two-month 
extension under the original SFAR will be granted additional relief not 
to exceed an extension of three months total. Those pilots who hold 
medical certificates that would have expired in March 2020 obtain no 
additional relief under this SFAR, and they must obtain a new medical 
certificate to continue operating after June 30, 2020. Pilots who hold 
medical certificates that expire in July, August, and September will 
have a full three-month extension.
---------------------------------------------------------------------------

    \46\ A medical certificate that was to expire in May 2020 has 
been extended by three calendar months and is now valid until August 
31, 2020. Likewise, a medical certificate that expires in September 
2020 is now valid until December 31, 2020.
---------------------------------------------------------------------------

    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.
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. 
Except for the multiengine airplane airline transport pilot (ATP) 
certificate, FAA knowledge tests are valid for 24 calendar months.\47\ 
The multiengine airplane ATP knowledge test is valid for 60 calendar 
months.\48\
---------------------------------------------------------------------------

    \47\ 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.
    \48\ 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.
---------------------------------------------------------------------------

    Because of the COVID-19 public health emergency, an applicant may 
not have been able to complete a practical test, as planned, prior to 
the expiration of his or her knowledge test. Applicants continue to 
have trouble scheduling practical tests. A majority of FAA examiners 
and designees have not yet resumed practical testing activities. Given 
the extended period where there were no practical tests being taken, 
there is a backlog of testing that needs to occur.
    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,\49\ depending upon the testing location, to 
take an FAA knowledge test. Therefore, requiring a person whose 
knowledge test result expired during the COVID-19 public health 
emergency to take another knowledge test would result in an additional 
economic burden on the applicant.
---------------------------------------------------------------------------

    \49\ FAA Regulatory Support Division provided knowledge test 
cost information on April 14, 2020.
---------------------------------------------------------------------------

    The FAA has determined, under the extraordinary circumstances of 
the COVID-19 public health emergency, that it is necessary to amend the 
regulatory relief originally provided in SFAR 118 to add the specific 
class of

[[Page 38773]]

individuals who have knowledge tests expiring between July 2020 and 
September 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 September 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.\50\
---------------------------------------------------------------------------

    \50\ 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.\51\ 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.\52\ 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.\53\ While this amended 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.\54\ 
Under the extraordinary circumstances of the COVID-19 public health 
emergency, 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.
---------------------------------------------------------------------------

    \51\ 14 CFR 61.39(a)(3).
    \52\ 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313.
    \53\ 14 CFR 61.39(a)(6).
    \54\ 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).
---------------------------------------------------------------------------

2. Part 63
    As previously described, the FAA is amending the 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.2.a. Extending knowledge test passing 
results for flight engineers is also necessary and explained in B.2.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 part 67. For the reason 
previously stated in section B.1.a and subject to the same conditions 
and limitations, the FAA has determined that flight engineers may 
operate with a medical certificate that has had its validity period 
extended for a period not to exceed three calendar months without 
creating a risk to aviation safety that is unacceptable under the 
extraordinary circumstances surrounding the COVID-19 public health 
emergency. Accordingly, the FAA is amending SFAR 118 and extending the 
validity period for medical certificates that expire in March 2020 
through September 2020 by three calendar months.
    Consistent with the relief to pilots explained in section B.1.a, 
flight engineers who obtained only a one- or two-month extension under 
the original SFAR will be granted additional relief not to exceed an 
extension of three months total. Those flight engineers who hold 
medical certificates that would have expired in March 2020 obtain no 
additional relief under this SFAR amendment, and they must obtain a new 
medical certificate to continue operating after June 30, 2020. Flight 
engineers who hold medical certificates that expire in July, August, 
and September will have a full three-month extension.
    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.\55\
---------------------------------------------------------------------------

    \55\ 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.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble and 
subject to the same condition and limitations, the FAA is also amending 
the relief in SFAR 118 to expand it to include persons seeking a flight 
engineer certificate under part 63 who have written tests expiring 
between July 2020 and September 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 public health emergency, 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.
3. 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.3.a. and 
B.3.b. The FAA finds, under the extraordinary circumstances of the 
COVID-19 public health emergency, 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 existing 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

[[Page 38774]]

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 public health emergency, is also amending 
the relief in SFAR 118 to extend it to persons seeking an aircraft 
dispatcher certificate under part 65 who have knowledge tests expiring 
between July 2020 and September 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 September 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 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.\56\ 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. In addition, 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.
---------------------------------------------------------------------------

    \56\ Under part 65, subpart D, the FAA may issue an airframe or 
powerplant rating. 14 CFR 65.73.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble, the 
FAA, under the extraordinary circumstances of the COVID-19 public 
health emergency, is also amending SFAR 118 and extending the relief to 
persons seeking a mechanic certificate or rating issued under part 65 
who have testing periods expiring between July 2020 and September 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 through September 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.\57\
---------------------------------------------------------------------------

    \57\ If a testing period was to expire on April 30, 2020, this 
SFAR extends the testing period to July 31, 2020.
---------------------------------------------------------------------------

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. In 
addition, DOT rulemaking procedures in 49 CFR part 5 instruct DOT 
agencies to issue a regulation upon a reasoned determination that 
benefits exceed 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 and under DOT rulemaking procedures. 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. 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 amend the regulatory relief 
originally provided in SFAR 118. The amended relief applies to new 
persons who may have challenges complying with certain training, recent 
experience, testing, and checking requirements. Without the relief in 
this SFAR, beginning July 1, 2020, and with each month thereafter, a 
new group of pilots will become unavailable to perform critical 
operations due to an inability to comply with regulatory requirements. 
This relief allows affected operators to continue to use pilots and 
other crewmembers in support of essential operations during this 
extended period. In addition, this rule provides regulatory relief to 
persons unable to meet duration and renewal requirements due to the 
public health emergency.
    The regulatory relief in this amendment will enable the continuity 
of aviation operations that are critical during the COVID-19 public 
health emergency and recovery, including operations that support 
essential services and flights that support response efforts. In 
addition, this rule 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 public health emergency that are outside of their control. This 
rule also provides additional flexibility for scheduling training and 
qualification activities as the U.S. transitions from safer-at-home 
advisories to various phases of reopening.
    In addition, 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

[[Page 38775]]

transport essential goods and/or medical supplies to support public 
health needs. This rule 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.
    In addition to pilots, this rule provides temporary relief to other 
persons such as flight attendant crewmembers, aircraft dispatchers, 
flight engineers, mechanics, and instructors. 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 rule will result in small costs for affected operators to 
notify the FAA and submit plans to mitigate safety risks and ensure 
proficiencies. To take advantage of the extended relief provided by 
this rule, an affected certificate holder or A125 LODA holder will be 
required to submit a new or revised mitigation plan to its assigned FAA 
principal operations inspector. The plan will 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 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 expects these plans to contain existing information 
maintained by affected operators. 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 additional relief to enable operators to 
continue to use pilots and other crewmembers in support of essential 
operations. As a result, this rule will reduce disruption to the 
continuity of essential services in response to the COVID-19 public 
health emergency. This rule also provides extended 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 public health emergency while supporting essential 
services necessary to fight the public health emergency. 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, to utilize the temporary relief provided 
by this SFAR amendment, an affected certificate holder or a part 125 
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.
    While SFAR 118 provided relief in the form of a grace period for 
those entities whose base month for completing the recurrent testing, 
checking, and training requirements was March, April, May, or June 
2020, this final rule extends the grace period to those whose base 
month falls in July 2020 through September 2020. A part 125 certificate 
holder or A125 LODA holder will, therefore, be required to submit a new 
or revised mitigation plan to take advantage of the relief provided in 
this amendment.
    In SFAR 118, the FAA estimated that of the 69 part 125 certificate 
holders and A125 LODA holders, all would avail themselves of the relief 
provided by SFAR 118, and therefore would be required to provide 
mitigation plans to their assigned principal operations inspector. For 
this final rule, the FAA estimates that those same 69 part 125 
certificate holders and A125 LODA holders will avail themselves of the 
extended grace period for those entities whose base month falls in 
July, August, and September 2020 and will submit new or revised 
mitigation plans. The FAA continues to estimate 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

[[Page 38776]]

burden to part 125 certificate holders and A125 LODA holders for this 
amendment to be $7,038.\58\ Therefore, the total burden of this 
collection is estimated to be $14,076.\59\
---------------------------------------------------------------------------

    \58\ 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.
    \59\ The burden for the original plan submission from SFAR 118 
was $7,038. That is added to the amendment burden for new or revised 
plan submissions of $7,038 for a total of $14,076.
---------------------------------------------------------------------------

    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 have submitted a 
plan to take advantage of the relief in SFAR 118 and the same 69 part 
125 certificate holders and A125 LODA holders expected to submit a new 
or revised plan for this amendment, the total number of plans for 
review by an ASI is 138. The total number of plans to review multiplied 
by the hourly wage of a GS-13 FAA ASI results in an estimated burden to 
the FAA of $13,720 (138 responses x 1 hour x $99.42 = $13,720).\60\
---------------------------------------------------------------------------

    \60\ 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).
---------------------------------------------------------------------------

    As provided under 5 CFR 1320.13, Emergency Processing, and the 
Paperwork Reduction Act and its implementing regulations, DOT is 
requesting emergency processing to amend the temporary collection of 
information previously approved under emergency processing with the 
original SFAR (OMB 2120-0788). 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 public health emergency. 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. In addition, 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 public health 
emergency, 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 public health emergency. 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 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 by three calendar months for pilots with 
expiring medicals between April 2020 and September 2020. As a result, 
the FAA will update the temporary difference filed 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 
update the temporary difference filed 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 
update the temporary difference filed with ICAO.
    Apart from this SFAR's application within the United States, 
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 38777]]

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. Like SFAR 118, 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), the FAA has prepared a 
memorandum for the record stating the reason(s) for this determination 
and has placed it in the docket for SFAR 118 (the same docket for this 
rulemaking). The FAA reviewed the memorandum it added to the docket to 
support SFAR 118 and finds the determination applies to this rule 
unchanged.

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 Civil Aviation Authorities (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 public health emergency 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 may be obtained by 
using the internet --
    1. Search the Federal eRulemaking Portal (https://www.regulations.gov/);
    2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at https://www.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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
21 and add, in its place, SFAR No. 118-1 to part 21 to read as follows:

[[Page 38778]]

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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:

    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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
61 and add, in its place, SFAR No. 118-1 to part 61 to read as follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to--
    (a) Certain persons who are unable to meet the following 
requirements during some period between March 1, 2020 and September 30, 
2020--
    (1) Training, recency, testing and checking requirements specified 
in parts 61, 91, 107, and 125 of this chapter, and SFAR No. 73 of this 
part; and
    (2) Duration and renewal requirements specified in parts 61, 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 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 exceptions 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) Airmen 
requirements. Notwithstanding the period specified in Sec.  61.55(c) of 
this chapter, 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 September 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 September 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 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

[[Page 38779]]

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 September 30, 2020, a 
person who meets the qualification requirements of paragraph 
2.(b)(3)(i) of this SFAR may act as pilot in command under IFR or in 
weather conditions less than the minimums prescribed for VFR.
    (iii) Instrument currency after September 30, 2020. Before acting 
as pilot in command under IFR or in weather conditions less than the 
minimums prescribed for VFR after September 30, 2020, the person must 
comply with Sec.  61.57(c).
    (4) Pilot in command proficiency check requirements of Sec.  61.58. 
(i) Airmen requirements. 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 September 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 September 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 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. Sec.  91.1099 or 
91.1107(c) of this chapter between March 1, 2020 and September 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 September 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 September 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 September 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)

[[Page 38780]]

or Sec.  91.1095(a)(2) of this chapter between March 1, 2020 and 
September 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 
it 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 
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 September 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 September 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, logged at least 10 hours of flight 
time 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, completed online Wings courses for 
pilots from FAA Safety Team website, available at 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, 
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 September 30, 2020.
    (ii) Qualification requirements. The person must have completed an 
FAA-developed initial or recurrent online training course, available at 
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 September 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,

[[Page 38781]]

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
    (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 September 30, 2020.
    (ii) Qualification requirements. The person must--
    (A) Satisfy the qualification requirements specified in paragraph 
2.(b)(2)(ii) of this SFAR, except
    (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;
    (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 www.faasafety.gov; and
    (D) Complete Course ALC-104: Helicopter--General and Flight 
Aerodynamics at 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.
    3. Duration and renewal requirements.
    (a) This Part.
    (1) Extension of medical certificate duration requirements. The 
expiration date of a first-, second-, or third- class medical 
certificate that expires between March 31, 2020 and September 30, 2020 
is extended three calendar months from the duration established in 
Sec.  61.23(d) of this part. 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 part 61 of 
this chapter 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 September 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 September 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 September 30, 2020 is extended 3 calendar months 
from the original expiration date. 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 
September 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 September 30, 2018.

[[Page 38782]]

    (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 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 September 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 six 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 
nine calendar months after returning to the United States, provided the 
person--
    (i) Is eligible in accordance with paragraph 2 of SFAR No. 100-2 of 
this part;
    (ii) Complies with the documentation requirements specified in 
paragraph 3 of SFAR No. 100-2 of this part; and
    (iii) 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 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.
    6. Office of Management and Budget (OMB) control number. The 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) requires the FAA 
to get approval from OMB for our information collection activities. The 
OMB control number assigned to the FAA's information collection 
associated with this SFAR is 2120-0788.

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.


[[Page 38783]]



0
6. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
63 and add, in its place, SFAR No. 118-1 to part 63 to read as follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, see part 61 of this chapter.

PART 65--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
65 and add, in its place, SFAR No. 118-1 to part 65 to read as follows:

Special Federal Aviation Regulation No. 118-1 --Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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), 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
10. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
91 and add, in its place, SFAR No. 118-1 part 91 to read as follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
107 and add, in its place, SFAR No. 118-1 to part 107 to read as 
follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
125 and add, in its place, SFAR No. 118-1 to part 125 to read as 
follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part 
141 and add, in its place, SFAR No. 118-1 to part 141 to read as 
follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, 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 June 24, 2020.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2020-13960 Filed 6-25-20; 8:45 am]
 BILLING CODE 4910-13-P