Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency, 38763-38783 [2020-13960]
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telegram shall require at least 15
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The committee may recommend for the
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Provided, That the number of
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[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.
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SUMMARY:
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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
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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.
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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
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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)
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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).
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This relief also extends to flight
attendant crewmembers, check pilots,
and flight instructors under part 91,
subpart K, and part 125. Finally, this
relief applies to operations conducted
under part 107 of this chapter by a
person who holds a remote pilot
certificate issued under part 107. Pilots
exercising commercial pilot privileges
have at least 190 hours of flight time as
a pilot and have been tested to a higher
standard than private pilots. The
eligibility requirements for private
pilots are consistent with conditions
and limitations imposed on private
pilots conducting charitable flights
under a part 11 exemption.
This 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.
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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
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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.
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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
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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.
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d. Pilot-in-Command Proficiency Check:
Operation of an Aircraft That Requires
More Than One Pilot Flight
Crewmember or Is Turbojet-Powered
(§ 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.
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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
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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
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§ 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).
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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
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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).
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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).
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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).
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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
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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,
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1979), and DOT Order 5610.1C,
Paragraph 16. Executive Order 12114
requires the FAA to be informed of
environmental considerations and take
those considerations into account when
making decisions on major Federal
actions that could have environmental
impacts anywhere beyond the borders of
the United States. 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.
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C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it is not a
‘‘significant energy action’’ under the
Executive order and it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
D. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. As described in Section
IV. F., International Compatibility, the
FAA is working with ICAO and other
foreign Civil Aviation Authorities
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17:30 Jun 26, 2020
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(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/.
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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:
■
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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:
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■
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
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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—
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(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
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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;
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(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.
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(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)
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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
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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
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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,
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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—
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(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
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(ii) Within the 63-calendar month
period preceding the month the
applicant completes the practical test
for those applicants who complete the
airline transport pilot certification
training program in § 61.156 and pass
the knowledge test for an airline
transport pilot certificate with a
multiengine class rating, provided the
knowledge test was passed between
March 1, 2015 and 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.
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(2) Extension of testing period in
§ 65.71 of this chapter. A person may
show eligibility for a mechanic
certificate or rating under § 65.71 of this
chapter by passing all 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
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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
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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.
---------------------------------------------------------------------------
\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.
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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\
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\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.
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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.
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\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.
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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\
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\7\ In accordance with Sec. 137.19, a private operator pilot
that holds a private pilot certificate is also eligible for relief.
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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\
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\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).
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This relief also extends to flight attendant crewmembers, check
pilots, and flight instructors under part 91, subpart K, and part 125.
Finally, this relief applies to operations conducted under part 107 of
this chapter by a person who holds a remote pilot certificate issued
under part 107. Pilots exercising commercial pilot privileges have at
least 190 hours of flight time as a pilot and have been tested to a
higher standard than private pilots. The eligibility requirements for
private pilots are consistent with conditions and limitations imposed
on private pilots conducting charitable flights under a part 11
exemption.
This 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.
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\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.
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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\
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\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\
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\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.
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\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.
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If a pilot is unable to establish instrument recency in accordance
with Sec. 61.57(c), paragraph (d) prescribes how a pilot may
reestablish instrument recency. If a pilot does not have the required
approaches, holding, and intercepting and tracking courses in the
preceding six calendar months, the pilot has an additional six calendar
months to obtain the required experience by flying with a view-limiting
device and a safety pilot \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\
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\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.
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The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that relief for instrument recency is appropriate under
certain conditions. The FAA is extending the six-calendar month
requirement of Sec. 61.57(c)(1) by an additional three calendar
months. This will enable a pilot to continue exercising instrument
privileges, provided the pilot has performed the required tasks within
the nine calendar months preceding the month of the flight, instead of
the preceding six calendar months.
To be eligible for the relief, a pilot will need to have some
recent experience in instrument flight. More specifically, the FAA is
requiring that the pilot have logged, in the preceding six calendar
months, three instrument approaches in actual weather conditions, or
under simulated conditions using a view-limiting device. Eligible
pilots may exercise the relief in this SFAR through 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\
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\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.
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[[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.
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\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.
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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.
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\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.
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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.
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\23\ 85 FR 26332-3.
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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\
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\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).
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In addition, Sec. 91.1705(b)(1) states that, except as specified
in Sec. 91.1703(b), a person may not manipulate the controls, act as
PIC, or act as SIC, of a MU-2B series airplane for the purpose of
flight unless that person satisfactorily completes, if applicable,
recurrent pilot training on the special emphasis items and all items
listed in the Training Course Final Phase Check in accordance with an
FAA-approved MU-2B training program that meets the standards of subpart
N of part 91.\27\
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\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.
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\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).
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Section 91.1715(c) stipulates that completion of a flight review to
satisfy the requirements of Sec. 61.56 is valid for operation of a
Mitsubishi MU-2B series airplane only if that flight review is
conducted in a Mitsubishi MU-2B series airplane, or an MU-2B simulator
approved for landings with an approved course conducted under part 142.
Under the extraordinary circumstances of the COVID-19 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.
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\29\ See Sec. 91.1703(c) or (d).
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Under this SFAR, a person may obtain two additional grace months to
complete the recurrent training requirements.\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\
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\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.
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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\
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\32\ Final Rule, Operation and Certification of Small Unmanned
Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016).
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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.
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\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).
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5. Part 125 Flight Crewmember Requirements (Sec. Sec. 125.285,
125.287, 125.289, 125.291, 125.293)
Part 125 certificated operators conduct non-common carriage
operations. 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.
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\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.
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Section 125.287 requires a pilot of a part 125 operation to have
passed a written or oral test given by the Administrator or a check
airman every 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.
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\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.
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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.
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\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.
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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\
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\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.
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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\
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\44\ 85 FR 26335.
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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\
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\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.
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\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\
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\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.
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\49\ FAA Regulatory Support Division provided knowledge test
cost information on April 14, 2020.
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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\
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\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\
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\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.
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\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\
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\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
