Second Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency, 62951-62975 [2020-22004]

Download as PDF Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations Executive order. As such it does not warrant the preparation of a Federalism Assessment. E. Paperwork Reduction Act The SBA has determined that this rule does not affect any existing collection of information. F. Regulatory Flexibility Act When an agency issues a proposed rule, the Regulatory Flexibility Act (RFA) requires the agency to prepare an initial regulatory flexibility analysis (IRFA), which describes whether the rule will have a significant economic impact on a substantial number of small entities. However, Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an IRFA, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. The Administrator of the SBA certified that this rule will not have a significant economic impact on a substantial number of small entities during the proposed rule stage and no comments were received on this certification. List of Subjects in 13 CFR Part 119 Grant programs—business, Small businesses. Accordingly, for the reasons stated in the preamble, SBA is amending 13 CFR part 119 as follows: conditions, and evaluation criteria for each potential round of PRIME awards. These funding announcements will identify who is eligible to apply for PRIME awards; summarize the purposes for which the available funds may be used; advise potential applicants regarding the process for obtaining, completing, and submitting an application packet; and provide information regarding application deadlines and any additional limitations, special rules, procedures, and restrictions which SBA may deem advisable. (c) SBA will evaluate applications for PRIME awards in accordance with the stated statutory goals of the program and the specific criteria described in the relevant funding announcement. (d) In administering the PRIME program, SBA will require recipients to provide reports in accordance with the subject matter areas and schedule identified in the terms and conditions of their awards. In addition, SBA may, as it deems appropriate, make site visits to recipients’ premises and review all applicable documentation and records. Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. Certain Persons and Operations during the Coronavirus Disease 2019 (COVID– 19) Public Health Emergency final rule. The relief in this final rule applies to a new population of airmen and does not extend the relief provided in the amended 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. Finally, this rule allows certain air carriers and operators to fly temporary overflow aircraft to a point of storage pursuant to a special flight permit with a continuing authorization. DATES: Effective October 1, 2020, through April 30, 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: This final rule further amends the regulatory relief originally provided in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule and the Limited Extension of Relief for 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 § § 119.2 through 119.20 reserved] [Removed and 3. Remove and reserve §§ 119.2 through 119.20. ■ Jovita Carranza, Administrator. [FR Doc. 2020–19473 Filed 10–5–20; 8:45 am] PART 119—PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS (‘‘PRIME’’) or ‘‘The Act’’) 1. The authority citation for part 119 is revised to read as follows: ■ 2. Revise § 119.1 to read as follows: khammond on DSKJM1Z7X2PROD with RULES § 119.1 What is the Program for Investment in Microentrepreneurs (PRIME)? (a) The PRIME program authorizes SBA to award grants to qualified organizations to fund training and technical assistance for disadvantaged microentrepreneurs; training and capacity-building services for microenterprise development organizations; research and development of the best practices in the fields of microenterprise development and the provision of technical assistance to disadvantaged microentrepreneurs; and such other activities as the Agency deems appropriate. (b) Dependent upon the availability of funds and continuing program authority, SBA will issue, via Grants.gov or any successor platform, funding announcements specifying the terms, VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Authority: 15 U.S.C. 634(b)(6), 6901–6910. ■ 62951 14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141 [Docket No.: FAA–2020–0446; Amdt. No(s). Amendment numbers 21–104, 61–147, 63– 45, 65–62, 91–360, 107–5, 125–71, and 141– 23] RIN 2120–AL66 Second Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID–19) Public Health Emergency AGENCY: SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES 62952 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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 October 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 as the impacts of the COVID– 19 public health emergency continue. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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 during the first several months of the public health emergency, many individuals were unable to complete certain activities before encountering expiration dates. Despite the gradual resumption of training, checking, and testing activities, the demand for completing these activities remains high because the industry has not yet been able to catch up from the backlog created during the initial closures and shutdowns. Affording flexibility in this final rule to the next group of affected individuals is necessary to manage the demand and account for a reduced number of personnel available to complete the activities. This final rule provides immediate relief from certain duration and renewal requirements to reduce unnecessary risk of exposure and to assure persons that they will not endure economic burdens due to noncompliance with certain regulations. Accordingly, the FAA finds that providing notice and an opportunity to comment is contrary to the public interest, because 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). 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 AME—Aviation Medical Examiner 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. 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 E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations Requirements (Part 91, §§ 91.1703, 91.1705, 91.1715) 4. Part 125 Flight Crewmember Requirements (§§ 125.285, 125.287, 125.289, 125.291, 125.293) 5. Robinson R–22/R–44 Special Training and Experience Requirements (SFAR 73) B. Relief From Certain Duration and Renewal Requirements 1. Part 61 a. Pilot Medical Certificates: Requirement and Duration (§ 61.23) b. Pilot Prerequisites for Practical Tests (§ 61.39) 2. Part 63 a. Flight Engineer Medical Certificates (§ 63.3) b. Flight Engineer Knowledge Requirements (§ 63.35) 3. Part 65 a. Aircraft Dispatcher Knowledge Requirements (§ 65.55) b. Mechanic Certificate Eligibility Requirements (§ 65.71) C. Other Relief for Special Flight Permits (§ 21.197) IV. Regulatory Notices and Analyses V. Executive Order Determinations VI. How To Obtain Additional Information I. Overview of Final Rule The FAA’s regulations contain several training, recent experience, testing, and checking requirements that persons must comply with prior to exercising their airman or crewmember privileges. The FAA’s regulations also contain duration requirements, such as those pertaining to medical certificates, the validity of knowledge tests, and general procedures for completing a practical test. Persons continue to have difficulty complying with several of the FAA’s requirements because of the ongoing khammond on DSKJM1Z7X2PROD with RULES 14 CFR effects of the COVID–19 public health emergency, including the continuation of social distancing guidelines to prevent transmission of the virus. For example, the FAA finds that there are increases in flight operations and improvements in the availability of facilities and personnel to provide training, testing, and checking; yet, reduced class sizes and disinfection protocols at facilities continue to present challenges in scheduling and completing required events. The FAA also finds that the availability of designees to complete practical tests and aviation medical exams has improved, but there are still challenges in some locations with an increase in the number of people competing to schedule events necessary to comply with regulatory requirements. As a result, ‘‘lapses’’ in qualifications, which occur on the last day of each month, will affect an additional cohort of regulated parties at the end of each month even as State and local directives for phased recovery and routine activities resume. The regulatory relief provided in this final rule will amend the Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID– 19) Public Health Emergency final rule (SFAR 118–1) (85 FR 38763) issued by the FAA on June 25, 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 Area of relief Original SFAR 118 relief 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. Finally, this amendment will extend relief to air carriers and operators allowing them to fly temporary overflow aircraft to a point of storage with a continuing authorization. The FAA notes that no extension of relief has been granted to airmen who were eligible for relief in SFAR 118–1. The FAA also notes that, in this final rule, it is not expanding every area of relief provided in SFAR 118–1. Because the industry is seeing improvements in the availability of facilities for training, testing, and examinations and the number of persons available to conduct those activities is increasing, the extent of the relief in this final rule is reduced in many areas. The FAA expects that, with continued improvement over the next several months, no further relief will be necessary. Although this amended SFAR will remain effective through April 30, 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 SFAR 118 and the amendments to it. Amended SFAR 118–1 relief Amended SFAR 118–2 relief Added pilots due Oct 2020– Jan 2021, but only 2 total grace months to complete training. Added pilots due Oct 2020– Jan 2021, but only 2 total grace months to complete a flight review. No further relief. 61.55 ................... Second-in-Command Pilot Qualifications. Due March–June 2020 has 3 grace months to complete training. Added pilots due July–Sept 2020. 61.56 ................... Pilot Flight Review ................ Due March–June 2020 has 3 grace months to complete a flight review. Added pilots due July–Sept 2020. 61.57 ................... Pilot Instrument Currency ..... Added look-back period for flights in July–Sept 2020. 61.58 ................... Pilot-in-Command Proficiency Check. 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 the check. Part 91, Subpart K. Crewmember Requirements Due March–June 2020 has 3 grace months to complete training, recency, and checking. Added crewmembers due in July–Sept 2020. Part 91, Subpart N. Mitsubishi MU–2B Series Special Training, Experience, and Operating Requirements. Due March–June 2020 has 3 grace months to complete the training and flight review. Added pilots due in July– Sept 2020. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 62953 Added pilots due in July– Sept 2020. E:\FR\FM\06OCR1.SGM 06OCR1 Added pilots due Oct 2020– Jan 2021, but only 2 total grace months to complete the check. Added crewmembers due Oct 2020–Jan 2021, but only 2 total grace months to complete training, recency, and checking. Added pilots due Oct 2020– Jan 2021, but only 2 total grace months to complete the training and flight review. 62954 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 14 CFR Area of relief Amended SFAR 118–1 relief Amended SFAR 118–2 relief 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 2. Added remote pilots whose privileges are due to expire July–Sept 2020. No further relief. Added crewmembers due in July–Sept 2020. No further relief ..................... Added crewmembers due Oct 2020–Jan 2021, but only 2 total grace months to complete training, recency, and checking.3 Added pilots due Oct 2020– Jan 2021, but only 2 total grace months to complete a flight review. Extend medical validity period by 2 calendar months from expiration for pilots whose medicals expire Oct 2020–Jan 2021. Extend medical validity period by 3 calendar months from expiration for pilots that reside in or serve as a pilot of an aircraft in Alaska whose medicals expire Oct 2020–Jan 2021. Knowledge tests expiring Oct 2020–Jan 2021 extended 2 calendar months. No further relief. No further relief ..................... No further relief. Extend medical validity period by 3 calendar months from expiration flight engineers whose medicals expire March–Sept 2020. Nothing Alaska-specific— covered under 63.3 (All Flight Engineers). No further relief ..................... Extend medical validity period by 2 calendar months from expiration for flight engineers whose medicals expire Oct 2020–Jan 2021. Extend medical validity period by 3 calendar months from expiration for flight engineers who reside in or serve as a flight engineer of an aircraft in Alaska whose medicals expire Oct 2020–Jan 2021. Written tests expiring in Oct 2020–Jan 2021 extended 2 calendar months. Knowledge tests expiring in Oct 2020–Jan 2021 extended 2 calendar months. Testing period expiring in Oct 2020–Jan 2021 extended 2 calendar months. No further relief. No further relief ..................... No further relief. No further relief ..................... No further relief. No further relief ..................... No further relief. 107.65 ................. Remote Pilot Aeronautical Knowledge Recency. Part 125 .............. Flight Crewmember Requirements. SFAR 73 ............. Robinson R–22/R–44 Special Training and Experience Requirements. Due March–June 2020 has 3 grace months to complete a flight review. Added pilots due in July– Sept 2020. 61.23 (All Pilots) .. Pilot Medical Certificate Duration. Validity of March–May 2020 medicals extended to June 30, 2020. 61.23 (Alaska Pilots). Pilot Medical Certificate Duration –. Nothing Alaska-specific— covered under 61.23 (All Pilots). Extend medical validity period by 3 calendar months from expiration for pilots whose medicals expire March–Sept 2020. Nothing Alaska-specific— covered under 61.23 (All Pilots). 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. 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. 63.3 (All Flight Engineers). khammond on DSKJM1Z7X2PROD with RULES Original SFAR 118 relief 63.3 (Alaska Flight Engineers). Flight Engineer Medical Certificate Duration. Nothing Alaska-specific— covered under 63.3 (All Flight Engineers). 63.35 ................... Flight Engineer Written Test Validity Period. 65.55 ................... Dispatcher Knowledge Test Validity Period. 65.71 ................... 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. Test results expiring March– June 2020 extended 3 calendar months. Test results expiring March– June 2020 extended 3 calendar months. Testing period expiring 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. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Knowledge tests expiring in July–Sept 2020 added. Written tests expiring in July–Sept 2020 added. Knowledge tests expiring in July–Sept 2020 added. Testing period expiring in July–Sept 2020 added. E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 14 CFR Area of relief Original SFAR 118 relief Amended SFAR 118–1 relief Amended SFAR 118–2 relief 21.197 ................. Special Flight Permit—Move Aircraft to Storage. April 30–Dec 31, 2020 .......... No change ............................ Extend relief period to March 31, 2021. 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.4 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 seven industry associations seeking to extend by a month the relief granted to those individuals eligible for relief in SFAR 118.5 The letter also requested the FAA 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 content of this letter and the rationale behind the need for additional relief was described in the Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) Public Health Emergency final rule (SFAR 118–1) (85 FR 38763). This final rule also detailed the petition for exemption submitted by Airlines for America (A4A) to provide medical relief for pilots and flight engineers. On September 3, 2020, the FAA received a letter signed by the same seven industry associations as the previous May 2020 letter, seeking 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 October through December 2020.6 As in the prior letter, khammond on DSKJM1Z7X2PROD with RULES 62955 2 An additional 60 days to meet the landing currency is also provided. 3 An additional 30 days to meet the landing currency is also provided. 4 These letters are available in the rulemaking docket. 5 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 (NAAA), National Air Transportation Association (NATA), and National Business Aviation Association (NBAA). 6 AOPA, AMOA, EAA, HAI, NAAA, NATA, and NBAA. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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.7 Although the letter acknowledged that most aviation medical examiners (AMEs) are now scheduling appointments, it noted that additional flexibility would continue to be a benefit because there are still backlogs. The letter further stated that pilots who hold special issuance medical certificates or are required to supply the FAA with information regarding a medical condition may have difficulty obtaining the information in time due to the limited availability of treating specialists (e.g., cardiologists, pulmonologists). They also 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 assert that the safety mitigations in SFAR 118–1 will continue to ensure an equivalent level of safety during the extensions.8 7 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. 8 In the letter, the industry associations requested the FAA reinstate relief for flight instructor certificate renewals that was provided in the original SFAR, but was not included in the first extension. The FAA has determined that the circumstances for granting relief no longer exist. There are online renewal options available; and, for those instructors that renew based on activity, the FAA has options available that do not require an in-person visit to an FAA office to complete the renewal application process. Industry also requested relief for night landing currency requirements when carrying passengers in § 61.57(e)(4). The FAA has determined that further relief to an exception that is already written into the rule for night landing currency is not appropriate; therefore, the FAA did not include relief in this final rule. The exception already permits a pilot of a turbine-powered airplane that requires more than PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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. Aviation activity continues to increase, and industry is beginning to address the backlog of required events. However, many of the challenges that existed when the FAA first issued SFAR 118 remain today. Airmen continue to have trouble complying with certain training, recency, checking, testing, duration, and renewal requirements. The Nation continues to transition to various phases of reopening throughout the country and 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. As eligible airmen exercise the relief in SFAR 118–1 and reschedule training one pilot a couple of alternatives for meeting night landing currency requirements. The additional time allowed under the exception is partially based upon recency of flight experience in the 90 days prior to flight. Any further relief from the minimum threshold of 15 hours of flight time in the past 90 days to trigger the exception in § 61.57(e)(4) would not provide for an equivalent level of safety. E:\FR\FM\06OCR1.SGM 06OCR1 62956 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES and qualification activities, there continues to be a strain 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 could 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.9 Each of the following sections explains the relief being granted and the persons, airmen, or certificate holders eligible for the relief.10 For those provisions that are being extended in this final rule, 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.11 9 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. 10 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. 11 The FAA’s mitigation discussion can be found in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule (SFAR 118) (85 FR 26326). VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 While the FAA is expanding the relief in SFAR 118–1 to a new group of airmen, it has not extended the period of relief provided to the group of airmen due in the months March through September 2020. 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 scope of the relief provided to the airmen covered by SFAR 118–1, 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. The FAA further notes that, with aviation activity continuing to increase and the increased availability of personnel to complete training and checking activities, the FAA might not extend relief to additional groups of persons, airmen, and operators after this final rule provided this improvement continues. All certificate holders who are facing lapses in qualifications should seek to schedule the necessary 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 continues to recover from the public health emergency. Because some phased recovery measures continue to recommend that people limit exposure through social distancing, and with the enhanced cleaning requirements for aircraft and facilities and facility capacity restrictions in some locations, some airmen will continue to have difficulty completing certain regulatory requirements in the short-term because the capacity for completing these events may be reduced. As aviation activity resumes, the capacity for training, testing, and checking is still not at preCOVID–19 levels and the demand for these events exceeds the availability of qualified instructors, check airmen, and examiners in some locations. Therefore, the FAA finds temporary relief from some requirements is still necessary to maintain critical operations, increase flexibility in scheduling, and reduce burdens on airmen; however, the FAA is reducing the amount of additional time and flexibility in many of the relief PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 areas as the industry is improving in its ability to absorb the demand. This reduction in additional time will also help facilitate the transition back to the regulatory training and checking intervals without further relief. To ensure compliance by the end of the grace periods, the FAA encourages airmen not to delay scheduling until the last possible moment. 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 and the first amendment; however, it is reiterated here for clarity. No individuals who obtained relief under SFAR 118–1 will receive an extension of that relief. Specific changes in the relief granted 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 137.12 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 12 In accordance with § 137.19, a private operator pilot that holds a private pilot certificate is also eligible for relief. E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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.13 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 107.14 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 additional conditions and limitations imposed on private pilots conducting charitable flights under a part 11 exemption. This amendment to SFAR 118–1 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 khammond on DSKJM1Z7X2PROD with RULES 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, and the PIC proficiency check for pilots that operate aircraft that require more than one pilot flight crewmember or are turbojet-powered.15 The specific relief is 13 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). 14 No additional relief has been provided for remote pilots under part 107 in this final rule. However, some remote pilots who obtained relief under SFAR 118–1 remain eligible for relief. 15 This final rule does not extend the relief previously granted for specific recent flight experience requirements in § 61.57. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 described in paragraphs A.1.a. through A.1.c. 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.16 Although paragraph (c) provides SICs a grace month 17 for accomplishing this recency requirement, the effects of the COVID– 19 public health emergency continue to create challenges for compliance 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.18 The additional grace months under this extension of the SFAR are available to pilots whose base month falls in October 2020 through January 2021. The ‘‘base month’’ is the month in which training is due. This new cohort of pilots will have a total of two grace months after the base month to accomplish the requirements of § 61.55(b).19 If eligible pilots complete these requirements during the grace period, they will be considered to have completed them during the base month. To attain the two additional grace months, eligible pilots must complete the requirements prescribed in SFAR 118–2 prior to serving as an SIC. The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR 16 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. 17 The ‘‘grace month’’ is the month after the month in which training is due during which the pilot is still eligible to maintain recency. 18 85 FR 26330. 19 The three grace months consist of the grace month provided in § 61.55(c) and the two additional grace months provided by this SFAR. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 62957 and the first extension. The following table outlines the expiration of relief pertinent to § 61.55 for all groups of pilots covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. § 61.55 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 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.20 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) is necessary. However, with increased aviation activity and growing availability of instructors, the FAA has determined that pilots whose flight review is due from October 2020 through January 2021 require at most two additional calendar months to complete their flight reviews instead of the three calendar months previously granted. This change acknowledges that some flexibility still is needed for scheduling these events, but the circumstances of the public health emergency no longer require an extension of three calendar months. The FAA also notes that the industry organizations requested a two-month extension for this next group of pilots whose flight reviews are coming due. This extension will not adversely affect safety, provided the relief applies to active pilots and certain risk mitigations are met.21 The two-calendar month extension applies only to pilots who were current to act as PIC of an aircraft in March 2020, and whose flight review is due in October 2020 through January 2021. Eligible pilots must 20 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. 21 85 FR 26330–1. E:\FR\FM\06OCR1.SGM 06OCR1 62958 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations complete the requirements prescribed in SFAR 118–2 prior to serving as a PIC. The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.56 for all groups of pilots covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. khammond on DSKJM1Z7X2PROD with RULES November 2020 .......... December 2020 .......... January 2021 .............. § 61.56 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. c. 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.22 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 22 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. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 mitigated, as explained in SFAR 118.23 Eligible pilots under this extension 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 October 2020 through January 2021. 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 October 2020 and January 2021 are also included in the relief in this SFAR. Pilots will have a total of two grace months after the base month to accomplish the PIC proficiency check required by § 61.58(a)(1) and (2).24 A PIC proficiency check completed during the extended grace period will be considered to have been completed in the base month. The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.58 for all groups of pilots covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. § 61.58 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 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 23 85 FR 26331–2. two-month grace period includes the grace month that is already provided by § 61.58(i) and the one additional grace months provided by this SFAR. 24 This PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 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. E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that extending the relief to a new group of individuals does not present a risk to aviation safety that cannot be mitigated under the conditions of SFAR 118.25 As such, the final rule allows a total of two 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 October 2020 through January 2021— many of which already permit one grace month. 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 October 2020 through January 2021, 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 September 2020 receive no further relief under this portion of the final rule. The following table outlines the expiration of relief pertinent to part 91, subpart K for all crewmembers covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. Part 91, Subpart K Relief SFAR Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. khammond on DSKJM1Z7X2PROD with RULES 3. Mitsubishi MU–2B Series Special Training, Experience, and Operating Requirements (§§ 91.1703, 91.1705, 91.1715) Subpart N of part 91 contains training, experience, and operating requirements specific to the Mitsubishi MU–2B series airplane. Except as specified in § 91.1703(b),26 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 25 85 FR 26332–3. 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). 26 Section VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 satisfies certain ground and flight training requirements,27 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).28 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 91.29 Section 91.1703(e) requires a person to complete recurrent training within the preceding twelve months without the option of a grace month.30 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 extending the relief previously granted for certain experienced pilots flying MU–2B series airplanes to a new group of pilots. This relief is not applicable to pilots that are required to complete initial/transition or requalification training in an MU–2B series airplane 31 because these pilots could not meet the qualification requirements. With this final rule, a person may obtain one additional grace month to complete the recurrent training 27 The requirements for ground and flight training are on initial/transition, requalification, recurrent, and differences training. 14 CFR 91.1705(a)(1). 28 Section 91.1705(a)(2) requires the person’s logbook to have been endorsed in accordance with § 91.1705(f). 29 Section 91.1705(b)(2) also requires the person’s logbook to have been endorsed in accordance with § 91.1705(f). 30 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). 31 See § 91.1703(c) or (d). PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 62959 requirements.32 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 October 2020 through January 2021. 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 the final rule for the original SFAR 118.33 The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to part 91, subpart N for all groups of pilots covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. Part 91, Subpart N Relief SFAR Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 4. 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 ferry, sales demonstrations, or training.34 These LODA-holders conduct operations under part 91 and may hold an operating certificate and have operations specifications 32 This means a person will have a total of two 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. 33 85 FR 26333. 34 These are A510, A511, or A512 LODA holders, respectively. E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES 62960 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations (OpSpecs).35 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.36 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.37 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.38 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 extending the relief to a new group of pilots by allowing one additional grace month for completing the recurrent testing, checking, and training requirements does not present a risk to aviation safety that cannot be mitigated. However, in a change from SFAR 118– 1, the FAA is granting only an additional thirty days for completing the three required takeoffs and landings. With aviation activity increasing, there are increased opportunities to gain the required takeoffs and landings when compared to the circumstances the industry faced in the original SFAR, and a sixty-day extension is no longer warranted. 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.39 The relief in this final rule applies to requirements for currently qualified flight crewmembers only, whose base month is October 2020 through January 2021. 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 118.40 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 October 2020 through January 2021, 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 September 2020 receive no further relief under this portion of the final rule. The following table outlines the expiration of relief pertinent to part 125 for all crewmembers covered under the terms of the SFAR. 35 Pilots of these LODA-holders comply with the recency, training, and checking requirements of part 61. 36 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. 37 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. 38 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. 5. 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 VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. Part 125 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 39 Pilots of other LODA-holders would comply with the applicable relief to part 61 training, recency, testing, and checking requirements. 40 85 FR 26334. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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.41 Otherwise, it requires the person to comply with the endorsement requirements of SFAR 73.42 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 § 61.56 established in this SFAR in an R–22 or R–44, or both, as appropriate.43 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 October 2020 through January 2021 may extend an additional two calendar months, provided the pilots meet the requirements prescribed in SFAR 118. The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to SFAR 73 for all groups of pilots covered under the terms of the SFAR. Base month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. SFAR 73 Relief in SFAR 118–2 Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 41 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. 42 See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or (2) Aeronautical Experience. 43 85 FR 26335. E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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 resume, the FAA is providing the relief for periods of time deemed necessary to alleviate the burden. The FAA notes that, because of the increased activity and availability of personnel to conduct the exams or testing events, the length of the relief available is reduced in most cases. 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. khammond on DSKJM1Z7X2PROD with RULES 1. Part 61 The FAA is granting temporary regulatory relief from the validity dates for medical certificates. This relief is further described in B.1.a and B.2.a. The FAA also recognizes that the inability to complete a practical test at this time may still be outside the applicant’s control due to the available capacity of FAA inspectors or designees who can conduct the practical tests. As a result, the FAA is providing relief to extend the knowledge test validity period as described in B.1.b. As explained in the following sections, however, the FAA has decreased the period of relief in most instances due to improved capacity available, relative to earlier in the COVID–19 public health emergency, VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 for persons to complete medical examinations and airman testing activities throughout the country. a. Pilot 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. With the original SFAR 118, the FAA provided relief from medical certificate duration requirements to all pilots to encompass all operations subject to §§ 61.2, 61.23, and 63.3. In the first amendment to the SFAR, the FAA noted that, although some routine activity was resuming and AMEs were beginning to see patients, additional relief was necessary to address the large volume of pilots that needed medical examinations and to give flexibility in scheduling. Since June, the FAA has seen a continued increase in the availability of its AMEs such that more than 90 percent are currently seeing patients for aviation medical examinations. The September letter from the industry, while noting this improvement, stated that there are still some backlogs and additional relief for the next group of pilots is warranted. The industry letter explained that pilots who hold a special issuance medical certificate, or otherwise are required to supply the FAA with updates on certain medical conditions, may benefit from an extended validity period due to the additional time it may take to see specialists for those conditions and to supply the FAA with that information. The FAA acknowledges there are some localized backlogs and has identified a few locations that still do not have an available AME. As a result, some pilots may be required to find a new AME to conduct the medical exam and possibly even travel a greater distance from their home to access an available AME. The FAA further notes that its processing of special issuance medicals is taking slightly longer in some cases due to COVID–19 as its workforce continues to address the increased volume of medical records under review. For these reasons, and to afford pilots the flexibility necessary to PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 62961 get the medical visits scheduled, the FAA is extending the validity of medical certificates due to expire in each of the months from October 2020 through January 2021. However, for persons living and serving as pilots in operations outside of Alaska, this extension is for a period of only two calendar months. In the FAA’s assessment of available AMEs, it notes that Alaska continues to have lapses in AME coverage that will require some pilots to travel a significant distance to obtain a medical examination. Locations without an AME include Juneau, Skagway, Homer, and Kenai. Given the many unique areas in Alaska, some pilots will be required to travel by air to another location within the state to get to an AME. Because of the unique circumstances of the COVID–19 public health emergency and the lack of available AMEs in Alaska, the FAA is extending for up to three calendar months the validity of medical certificates due to expire in each of the months from October 2020 through January 2021 for pilots that reside in Alaska or serve as a pilot of an aircraft in Alaska. The FAA notes that the provisions of this SFAR do not extend to the requirements of § 61.53 regarding prohibition on operations during medical deficiency. These prohibitions remain critical for all pilots to observe, especially given the policy of emergency accommodation announced here and the health threat of COVID–19. Accordingly, the FAA emphasizes that under § 61.53, no person who holds a medical certificate issued under 14 CFR part 67 may act as a required pilot flight crewmember while that person: (1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or (2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation. The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.23 for all groups of pilots covered under the terms of the SFAR. E:\FR\FM\06OCR1.SGM 06OCR1 62962 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations Base month § 61.23 SFAR Relief (all pilots) March through May 2020 ............................................. June 2020 .................................................................... July 2020 ...................................................................... August 2020 ................................................................. September 2020 .......................................................... October 2020 ............................................................... November 2020 ........................................................... December 2020 ........................................................... January 2021 ............................................................... Expired ........................................................................ Expires September 30, 2020 ...................................... Expires October 31, 2020 ........................................... Expires November 30, 2020 ....................................... Expires December 31, 2020 ....................................... Expires December 31, 2020 ....................................... Expires January 31, 2021 ........................................... Expires February 28, 2021 ......................................... Expires March 31, 2021 .............................................. khammond on DSKJM1Z7X2PROD with RULES b. Pilot 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.44 The multiengine airplane ATP knowledge test is valid for 60 calendar months.45 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. 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,46 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. Although the FAA is seeing increased activity in practical testing activities by its examiners and designees such that activity is approaching pre-COVID–19 levels, the initial disruptions created a backlog that still exists as applicants continue to have trouble scheduling practical tests in some cases. As a result, 44 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. 45 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. 46 FAA Regulatory Support Division provided knowledge test cost information on April 14, 2020. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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 118–1 to extend the validity period of knowledge tests for an additional group of individuals. However, because of the increased activity and improved availability of personnel to conduct practical tests, the FAA is limiting the relief available. Individuals who have knowledge tests expiring between October 2020 and January 2021 will have two additional calendar months to complete their practical test. Therefore, this final rule will allow an individual who has a knowledge test expiring between October 2020 and January 2021 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 two calendar months.47 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.48 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.49 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.50 While this amended SFAR will allow certain individuals to use an expired knowledge test, the other requirements in part 61 will ensure the 47 Except for a multiengine ATP knowledge test, a knowledge test taken for a pilot certificate or rating in October 2018 would expire in October 2020. With the relief in this SFAR, the passing knowledge test results are valid until December 2020. 48 14 CFR 61.39(a)(3). 49 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313. 50 14 CFR 61.39(a)(6). PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 § 61.23 SFAR Relief (Alaska pilots) Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. Expires April 30, 2021. 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.51 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. The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.39 for all applicants covered under the terms of the SFAR. Expiration month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. § 61.39 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 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. 51 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). E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations a. Flight Engineer Medical Certificates (§ 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 two 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 118–1 and extending the validity period for medical certificates that expire in each month from October 2020 through physical deficiency. These prohibitions remain critical for all flight engineers to observe, especially given the policy of emergency accommodation announced here and the health threat of COVID–19. Accordingly, the FAA emphasizes that under § 63.19, no person who holds a medical certificate issued under 14 CFR part 67 may serve as a flight engineer during a period of known physical deficiency, or increase in physical deficiency, that would make him or her unable to meet the physical requirements for his or her current medical certificate. The FAA reiterates that no additional relief has been provided to flight engineers who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 63.3 for all groups of flight engineers covered under the terms of the SFAR. Base month § 63.3 SFAR Relief (all flight engineers) March through May 2020 ............................................. June 2020 .................................................................... July 2020 ...................................................................... August 2020 ................................................................. September 2020 .......................................................... October 2020 ............................................................... November 2020 ........................................................... December 2020 ........................................................... January 2021 ............................................................... Expired ........................................................................ Expires September 30, 2020 ...................................... Expires October 31, 2020 ........................................... Expires November 30, 2020 ....................................... Expires December 31, 2020 ....................................... Expires December 31, 2020 ....................................... Expires January 31, 2021 ........................................... Expires February 28, 2021 ......................................... Expires March 31, 2021 .............................................. b. Flight Engineer Knowledge Requirements (§ 63.35) khammond on DSKJM1Z7X2PROD with RULES January 2021 by two calendar months for flight engineers that do not live in Alaska or serve as a flight engineer in Alaska. Consistent with the relief to pilots that reside in Alaska or serve as a flight engineer of an aircraft in Alaska explained in section B.1.a, flight engineers who reside in Alaska or serve as a flight engineer in an aircraft in Alaska will be granted additional relief not to exceed an extension of three calendar months. In this unique circumstance, those flight engineers who hold medical certificates that expire in each month from October 2020 through January 2021 will have up to three calendar months to obtain a medical certificate. The FAA notes that the provisions of this SFAR do not extend to the requirements of § 63.19 regarding prohibition on operations during 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.52 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 118–1 to expand it to include persons seeking a flight engineer certificate under part 63 who have written tests expiring between October 2020 and January 2021. Consistent with the relief provided to pilot applicants under part 61, the FAA is extending the validity of written tests under part 63 52 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. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 for a duration of two calendar months.53 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. The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 63.35 for all applicants covered under the terms of the SFAR. Expiration month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ § 63.35 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. 53 A written test taken for a flight engineer certificate in October 2018 would expire in October 2020. With the relief in this SFAR, the passing written test results are valid until December 2020. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 62963 § 63.3 SFAR Relief (Alaska flight engineers) Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. Expires April 30, 2021. Expiration month September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. § 63.35 SFAR Relief Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. 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. E:\FR\FM\06OCR1.SGM 06OCR1 62964 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations a. Aircraft Dispatcher Knowledge Requirements (§ 65.55) Section 65.55 establishes the knowledge requirements for a person seeking an aircraft dispatcher certificate. Paragraph (b) requires the applicant for an aircraft dispatcher certificate to present passing knowledge test results within the preceding 24 calendar months. For the reasons discussed in section B.1.b and subject to the same conditions and limitations, the FAA, under the extraordinary circumstances of the COVID–19 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 October 2020 and January 2021. 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 two calendar months. Accordingly, an individual who has a knowledge test expiring between October 2020 and January 2021 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 two calendar months.54 The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 65.55 for all applicants covered under the terms of the SFAR. Expiration month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. khammond on DSKJM1Z7X2PROD with RULES November 2020 .......... December 2020 .......... January 2021 .............. § 65.55 SFAR Relief Expired. Expires September 30, 2020. Expires October 31, 2020. Expires November 30, 2020. Expires December 31, 2020. Expires December 31, 2020. Expires January 31, 2021. Expires February 28, 2021. Expires March 31, 2021. b. Mechanic Certificate Eligibility Requirements (§ 65.71) Section 65.71 establishes the eligibility requirements for a mechanic certificate and associated ratings. Paragraph (a)(3) requires an applicant to 54 A knowledge test taken for an aircraft dispatcher certificate in October 2018 would expire in October 2020. With the relief in this SFAR, the passing knowledge test results are valid until December 2020. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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.55 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 October 2020 and January 2021. Therefore, consistent with the relief provided under parts 61 and 63, the FAA is extending the validity of the testing period under § 65.71 for a duration of two months. Accordingly, an individual who has a testing period expiring in October through January 2021 may show eligibility under § 65.71 to take a practical test for a mechanic certificate or rating provided the testing period does not exceed 26 months.56 The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table generally outlines the expiration of relief pertinent to § 65.71 for all applicants covered under the terms of the SFAR. Because mechanic testing periods do not use a calendar month, the exact date when the period started will determine the exact date of expiration of SFAR relief. Expiration month March through May 2020. June 2020 ................... July 2020 .................... August 2020 ................ September 2020 ......... October 2020 .............. November 2020 .......... December 2020 .......... January 2021 .............. § 65.71 SFAR Relief Expired. Expires Expires Expires Expires Expires Expires Expires Expires September 2020. October 2020. November 2020. December 2020. December 2020. January 2021. February 2021. March 2021. 55 Under part 65, subpart D, the FAA may issue an airframe or powerplant rating. 14 CFR 65.73. 56 If a testing period was to expire on October 31, 2020, this SFAR extends the testing period to December 31, 2020. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 C. Other Relief for Special Flight Permits (§ 21.197) Section 21.197(c) provides that a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements, but are capable of safe flight, for the purpose of flying aircraft to a base where maintenance or alterations are performed. In the original SFAR, the FAA provided relief through December 31, 2020 to certificate holders and operators authorized to conduct operations under part 119 or under subpart K of part 91 for ferrying aircraft that may not meet all airworthiness requirements, but are capable of safe flight, to a point of storage.57 Due to the COVID–19 public health emergency, airlines had significantly reduced operations in the National Airspace System. Domestic airlines sought space to park their fleets and airport operators worked to find locations to support the temporary overflow aircraft. Although airline and fractional ownership operations have increased since March, they still remain well below the typical volume of flights on a daily basis, resulting in a continued need for aircraft storage. As the public health emergency continues to impact those sectors of the aviation industry, locations selected for temporary storage may not be adequate for this longer period (e.g., because of the seasonal climate at the temporary storage location) and additional movements of those aircraft to different storage locations is likely. This would continue to place a significant burden on certificate holders and operators. It could also impose burdens on the responsible FAA Flight Standards offices that oversee these operators if individual ferry permits need to be processed for every aircraft that needs to be moved to a point of storage. As a result, the FAA has decided to extend relief for § 21.197(c) to March 31, 2021. IV. Regulatory Notices and Analyses Changes to Federal regulations must undergo several analyses. First, 57 SFAR 118 provided relief pertaining to special flight permits through December 31, 2020. In the first extension of the SFAR, the FAA stated that it was making no change to the duration of the relief for special flight permits, but in that extension (SFAR 118–1) the December 31, 2020 termination date for this relief was inadvertently removed from paragraph 4 of the rule text. As a result, although the FAA had intended no change in SFAR 118–1, the rule text resulted in the relief for special flight permits terminating on March 31, 2021, which was the stated expiration date for SFAR 118–1 as a whole. SFAR 118–2 thus intentionally and unambiguously provides the relief through March 31, 2021 that SFAR 118–1 inadvertently provided. E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 A. Regulatory Evaluation i. Safety and Regulatory Relief Benefits The provisions in this final rule amend the regulatory relief provided in SFAR 118–1. 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 October 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. continues its 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 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, PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 62965 and flight instructors under subpart K of part 91, and part 125. 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 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 E:\FR\FM\06OCR1.SGM 06OCR1 62966 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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 118–1 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 through September 2020, this final rule extends the grace period to those whose base month falls in October 2020 through January 2021. 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 118–1, 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 118–1, and therefore would be required to provide mitigation plans to their assigned principal operations inspector. This action was in addition to the plans submitted for the original SFAR 118 by all 69 part 125 certificate holders and A125 LODA holders. 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 October 2020 through January 2021 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 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 $21,114.59 58 The FAA is using the BLS wage rate for commercial pilots of $39.54 per hour (https:// www.bls.gov/ooh/transportation-and-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 and the revised plan submission PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 estimated to have submitted a new or revised plan for SFAR 118–1, and the same 69 part 125 certificate holders and A125 LODA holders are expected to submit a new or revised plan for this amendment, the total number of plans for review by an ASI is 207. 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 $20,580 (207 responses × 1 hour × $99.42 = $20,580).60 As provided under 5 CFR 1320.13, Emergency Processing, and the Paperwork Reduction Act and its implementing regulations, DOT requested emergency processing to amend the temporary collection of information previously approved under emergency processing with the original SFAR (OMB 2120–0788). DOT could not 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. The use of normal clearance procedures would have resulted 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 from SFAR 118–1 was $14,076. That is added to the amendment burden for new or revised plan submissions of $7,038 for a total of $21,114. 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). E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES COVID–19 public health emergency, it was not practicable to afford ninety days of public comment on this collection of information. Therefore, the FAA requested OMB approval of this temporary collection of information. OMB approved the FAA’s emergency clearance request through March 31, 2021. 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 two calendar months for pilots with expiring medicals between October 2020 and January 2021, with the exception of pilots and flight engineers who reside in Alaska or serve as a pilot or flight engineer in an aircraft in Alaska (for VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 whom the FAA is extending the validity by three months). 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 30 days for PICs conducting operations under part 125. 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 30 days for SICs conducting operations under part 125. 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, 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. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 62967 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 E:\FR\FM\06OCR1.SGM 06OCR1 62968 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 14 CFR Part 65 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 khammond on DSKJM1Z7X2PROD with RULES 14 CFR Part 21 Aircraft, Aviation safety, Exports, Imports, Reporting and recordkeeping requirements. Air traffic controllers, Aircraft, Airmen, Airports, Aviation safety, Reporting and recordkeeping requirements, Security measures. 14 CFR Part 91 Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, Reporting and recordkeeping requirements, Transportation. 14 CFR Part 107 Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements, Security measures, Signs and symbols. 14 CFR Part 125 Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements. 14 CFR Part 141 Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations, as follows: PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES 1. The authority citation for part 21 continues to read as follows: ■ Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 40113, 44701–44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303. 2. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 21 and add, in its place, SFAR No. 118– 2 to part 21 to read as follows: ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–2, see part 61 of this chapter. 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. 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). VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 3. The authority citation for part 61 continues to read as follows: PO 00000 Frm 00036 Fmt 4700 4. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 61 and add, in its place, SFAR No. 118– 2 to part 61 to read as follows: ■ Sfmt 4700 Special Federal Aviation Regulation No. 118–2—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 January 31, 2021— (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 under this part, provided the person meets one of the following paragraphs— (i) The person is conducting a charitable medical flight for a volunteer pilot organization pursuant to an exemption issued under part 11 of this chapter, and the flight involves only the carriage of persons considered essential for the flight; (ii) The person is conducting an agricultural aircraft operation under a private agricultural aircraft operating certificate issued in accordance with § 137.19 of this chapter; (iii) The person has at least 500 hours of total time as a pilot, that includes at least 400 hours as a pilot in command and at least 50 hours that were accrued within the preceding 12 calendar months, and the person is conducting one of the following operations consistent with the compensation or hire exceptions specified in § 61.113: E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations (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. (A) Notwithstanding the period specified in § 61.55(c), a person who is required to complete the secondin-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-incommand 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. (B) Notwithstanding the period specified in § 61.55(c), a person who is required to complete the second-incommand familiarization and currency requirements under § 61.55(b)(1) and (2) between October 1, 2020 and January 31, 2021 for purposes of maintaining second-in-command privileges may complete the requirements of § 61.55(b)(1) and (2) in the month before or two months after the month in which they are required, provided the pilot meets the requirements of paragraph 2.(b)(1)(ii) of this SFAR. (C) A pilot who meets the requirements of § 61.55(b)(1) and (2) in accordance with paragraph 2.(b)(1)(i)(A) or paragraph 2.(b)(1)(i)(B) of this SFAR 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)(A) or paragraph 2.(b)(1)(i)(B) of this SFAR, the person— (A) Must review and become familiar with the following information for the specific type of aircraft for which VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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 January 31, 2021. (ii) Qualification requirements. To act as pilot in command of an aircraft during the period specified in paragraph 2.(b)(2)(iii)(A) or paragraph 2.(b)(2)(iii)(B) 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. (A) A person who is required to complete a flight review under § 61.56 between March 1, 2020 and September 30, 2020 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. (B) A person who is required to complete a flight review under § 61.56 between October 1, 2020 and January 31, 2021 may act as pilot in command of an aircraft for a duration of two calendar months from the month in PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 62969 which the flight review was due. Before acting as pilot in command of an aircraft in the third month after the month in which the flight review was due, the person must satisfactorily complete a flight review in accordance with § 61.56. (3) Instrument experience requirements of § 61.57. A person who has not performed and logged the tasks required by § 61.57(c)(1) within the 6 calendar months preceding the month of the flight may continue to act as pilot in command under IFR or in weather conditions less than the minimums prescribed for VFR, provided the following requirements are met— (i) Qualification requirements. The person has— (A) Within the 6 calendar months preceding the month of the flight, performed and logged at least three instrument approaches in actual weather conditions, or under simulated conditions using a view-limiting device; and (B) Within the 9 calendar months preceding the month of the flight, performed and logged the tasks required by § 61.57(c)(1). (ii) Grace period. Between April 30, 2020 and 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. (A) 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. (B) 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 October 1, 2020 and January 31, 2021 for purposes of maintaining pilot in command privileges may complete the check in the month before or two months after the month in which it is required, provided the pilot meets E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES 62970 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations the requirements of paragraph 2.(b)(4)(ii) of this SFAR. (C) A pilot who completes the proficiency check within the period prescribed by this paragraph 2.(b)(4)(i)(A) or paragraph 2.(b)(4)(i)(B) of this SFAR 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)(A) or paragraph 2.(b)(4)(i)(B) of this SFAR, the person— (A) Must meet the flight experience requirements of § 61.57 that are applicable to the operation to be conducted; and (B) Within the 3 calendar months preceding the month of the flight, must have reviewed the following information for the specific type of aircraft for which pilot in command privileges are sought— (1) Operational procedures applicable to the powerplant, equipment, and systems; (2) Performance specifications and limitations; (3) Normal, abnormal, and emergency operating procedures; (4) Flight manual; and (5) Placards and markings. (5) Flight Crewmember Requirements of Part 91, Subpart K, of this Chapter. (i) Testing and checking Requirements. (A) 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. (B) 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 October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the test or check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. (C) A crewmember who completes a test or check in accordance with paragraph 2.(b)(5)(i)(A) or paragraph VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 2.(b)(5)(i)(B) of this SFAR will be considered to have completed the test or check in the month in which it was required. (ii) Recurrent training requirements. (A) 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. (B) 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 October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete that training in the month before or two months after the month in which it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. (C) A crewmember who completes recurrent training in accordance with this paragraph 2.(b)(5)(ii)(A) or paragraph 2.(b)(5)(ii)(B) 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 January 31, 2021. (2) Grace period. (i) For a person who is required to demonstrate that type of precision instrument approach procedure between March 1, 2020 and September 30, 2020, the person satisfactorily demonstrates that type of precision instrument approach procedure within three months after the month in which it was required. (ii) For a person who is required to demonstrate that type of precision instrument approach procedure between October 1, 2020 and January 31, 2021, the person satisfactorily demonstrates that type of precision instrument PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 approach procedure within two months after the month in which it was required. (3) Safety mitigations. The management specification holder satisfies paragraph 2.(b)(5)(vi) of this SFAR. (B) Non-precision instrument approaches. A pilot who has not satisfactorily demonstrated either the type of non-precision instrument approach procedure to be used, or any other two different types of nonprecision approach procedures, within the previous six months in accordance with § 91.1069(c) of this chapter may continue to use that type of nonprecision instrument approach procedure, provided the following requirements are met— (1) Airmen requirements. The person was current under § 91.1069(c) of this chapter to use that type of non-precision instrument approach procedure in March 2020, and is required to 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 January 31, 2021. (2) Grace period. (i) For a person who is required to demonstrate that type of non-precision instrument approach procedure between March 1, 2020 and September 30, 2020, the person satisfactorily demonstrates that type of non-precision instrument approach procedure within three months after the month in which it was required. (ii) For a person who is required to demonstrate that type of non-precision instrument approach procedure between October 1, 2020 and January 31, 2021, the person satisfactorily demonstrates that type of non-precision instrument approach procedure within two 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. (A) 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 E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. (B) 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 October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the flight segments or line-observation program requirements in the month before or two months after the month they are required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. (C) 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. (A) Notwithstanding the period specified in §§ 91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight instructor who is required to complete an observation check under § 91.1093(a)(2) or § 91.1095(a)(2) of this chapter between March 1, 2020 and 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. (B) Notwithstanding the period specified in §§ 91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight instructor who is required to complete an observation check under § 91.1093(a)(2) or § 91.1095(a)(2) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the observation check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. (C) 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— VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 (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. (A) 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. (B) 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 October 1, 2020 and January 31, 2021 for purposes of complying with § 91.1705(a) and (b) may complete the recurrent training in the month before or two months after the month the recurrent training is required, provided the requirements of paragraph 2.(b)(6)(iii) of this SFAR are met. (C) A person who completes the recurrent training in accordance with this paragraph 2.(b)(6)(i) will be considered to have completed the training in the month it was required. (ii) Flight review. A person who has not completed a flight review in accordance with §§ 61.56 and 91.1715(c) of this chapter in a Mitsubishi MU–2B series airplane or an MU–2B Simulator approved for landings with an approved course conducted under part 142 of this chapter may continue to act as pilot in command of a Mitsubishi MU–2B series airplane, providing the following requirements are met— (A) Airmen requirements. The person was— (1) Current to act as pilot in command of a Mitsubishi MU–2B series airplane in March 2020 and, to maintain currency, is required to complete a flight review in a Mitsubishi MU–2B series airplane between March 1, 2020 and January 31, 2021; and PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 62971 (2) The requirements of paragraph 2.(b)(6)(iii) of this SFAR are met. (B) Grace period. (1) A person who is required to complete a flight review in a Mitsubishi MU–2B series airplane between March 1, 2020 and September 30, 2020 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. (2) A person who is required to complete a flight review in a Mitsubishi MU–2B series airplane between October 1, 2020 and January 31, 2021 may act as pilot in command of a Mitsubishi MU– 2B series airplane for a duration for two calendar months from the month in which the flight review was due. Before acting as pilot in command of an aircraft in the third 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 during the period provided under paragraph 2.(b)(6)(i)(A) or paragraph 2.(b)(6)(i)(B) of this SFAR or to complete the flight review during the period provided under paragraph 2.(b)(6)(ii)(A) or paragraph 2.(b)(6)(ii)(B) 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— E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES 62972 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations (1) The ground training curriculum required by § 91.1705(h)(1) of this chapter; (2) The Special Emphasis Items listed in the approved MU–2B training program that the pilot last completed; (3) The limitations, procedures, aircraft performance, and MU–2B Cockpit Checklist procedures applicable to the MU–2B model to be flown, which are contained in the flight training curriculum required by § 91.1705(h)(2) of this chapter; and (4) The current general operating and flight rules of part 91 of this chapter. (7) Aeronautical Knowledge Recency Requirements of § 107.65 of this Chapter. A person who has not satisfied the aeronautical knowledge recency requirements of § 107.65(a) or (b) of this chapter within the previous 24 calendar months may operate a small unmanned aircraft system under part 107 of this chapter, provided that person meets the following requirements— (i) Airmen requirements. The person was current to exercise the privileges of a remote pilot certificate in March 2020 and, to maintain aeronautical currency, is required to meet the aeronautical recency requirements in § 107.65(a) or (b) of this chapter between April 1, 2020 and 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 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 VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 under part 125 of this chapter, provided the following requirements are met— (A) Grace period. (1) For flights between March 1, 2020 and September 30, 2020, 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. (2) For flights between October 1, 2020 and January 31, 2021, the person has made at least three takeoffs and landings, within the preceding 120 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. (A) 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, provided the requirements of paragraph 2.(b)(8)(iii) of this SFAR are met. (B) 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 October 1, 2020 and January 31, 2021 for purposes of maintaining qualifications may complete the test or check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(8)(iii) of this SFAR are met. (C) 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. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 (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 January 31, 2021. (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 paragraphs 2.(b)(9)(ii)(C) and (D) of this SFAR may count towards the 3 Wings credits. (B) Complete three hours of selfstudy, since January 1, 2020 and preceding the date of flight, on the following subjects— (1) The awareness training subject areas specified in paragraphs 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) A person who is required to complete a flight review under § 61.56 between March 1, 2020 and September 30, 2020 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 E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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. (B) A person who is required to complete a flight review under § 61.56 between October 1, 2020 and January 31, 2021 may act as a pilot in command of a Robinson model R–22 or R–44 helicopter, as appropriate, for a duration of two calendar months from the month in which the flight review was due. Before acting as pilot in command of an aircraft in the third 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. (i) The expiration date of a first-, second-, or third-class medical certificate that expires between March 31, 2020 and January 31, 2021 is extended three calendar months from the duration established in § 61.23(d) of this part as follows: (A) For first-, second-, and third-class medical certificates that expire between March 31, 2020 and September 30, 2020, the expiration date is extended for three calendar months; (B) Except as provided in paragraph 3.(a)(1)(i)(C) of this SFAR, for first-, second-, and third-class medical certificates that expire between October 31, 2020 and January 31, 2021, the expiration date is extended for two calendar months; and (C) For first-, second-, and third-class medical certificates that expire between October 31, 2020 and January 31, 2021, the expiration date is extended for three calendar months if the holder of the medical certificate resides in or serves as a pilot of an aircraft in the State of Alaska. (ii) A certificate extended under this paragraph 3.(a)(1) is considered valid under § 61.2(a)(5). (iii) 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— (A) Has access to this SFAR when outside the United States; and (B) Presents a copy of this SFAR for inspection upon request by a foreign Civil Aviation Authority in accordance VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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; (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; (iii) Within the 26-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 October 1, 2018 and January 31, 2019; or (iv) Within the 62-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 October 1, 2015 and January 31, 2016. (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. (i) 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. (ii) Except as provided in paragraph 3.(b)(1)(iii) of this SFAR, for a person acting as a flight engineer of an aircraft, the expiration date of a second-class (or PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 62973 higher) medical certificate that expires between October 31, 2020 and January 31, 2021 is extended 2 calendar months from the original expiration date. (iii) 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 October 31, 2020 and January 31, 2021 is extended 3 calendar months from the original expiration date if the flight engineer resides in or serves as a flight engineer in an aircraft in the State of Alaska. (iv) 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: (A) Has access to this SFAR when outside the United States; and (B) 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. (i) 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. (ii) 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 26-calendar month period preceding the month the applicant completes the practical test, provided the written test was passed between October 1, 2018 and January 31, 2019. (c) Part 65 of this Chapter. (1) Extension of knowledge test duration requirements in § 65.55 of this chapter. (i) 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. (ii) 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 26-calendar month period preceding the month the E:\FR\FM\06OCR1.SGM 06OCR1 khammond on DSKJM1Z7X2PROD with RULES 62974 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations applicant completes the practical test, provided the knowledge test was passed between October 1, 2018 and January 31, 2019. (2) Extension of testing period in § 65.71 of this chapter. (i) 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. (ii) 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 26 months, provided the testing period began between October 1, 2018 and January 31, 2019. (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 VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 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 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 (C) The pilot school meets the requirements of paragraph 3.(e)(2)(ii) of this SFAR. (ii) Safety mitigations. (A) Each pilot school must submit to the responsible Flight Standards office notification that it will renew its pilot school certificate in accordance with this SFAR. (B) Each pilot school must include in its notification an acceptable plan that explains the method to regain currency, including— (1) Ensuring each instructor used for ground or flight training is current and proficient; and (2) Evaluating students to determine if they are assigned to the proper stage of the training course and if additional training is necessary. 4. Other relief for special flight permits issued under § 21.197(c) of this chapter. In addition to the purposes specified in § 21.197(c) of this chapter, notwithstanding §§ 119.5(l) and 91.1015(a) of this chapter, a special flight permit with a continuing authorization may be issued under § 21.197(c) of this chapter through March 31, 2021, 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 April 30, 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 E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations 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. 6. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 63 and add, in its place, SFAR No. 118– 2 to part 63 to read as follows: ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–2, see part 61 of this chapter. PART 65—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS 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. 118–1 from part 65 and add, in its place, SFAR No. 118– 2 to part 65 to read as follows: ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–2, 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: khammond on DSKJM1Z7X2PROD with RULES ■ Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528– 47531, 47534, Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 10. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 91 and add, in its place, SFAR No. 118– 2 to part 91 to read as follows: VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 141 and add, in its place, SFAR No. 118–2 to part 141 to read as follows: For the text of SFAR No. 118–2, see part 61 of this chapter. Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS For the text of SFAR No. 118–2, see part 61 of this chapter. 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. 12. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 107 and add, in its place, SFAR No. 118–2 to part 107 to read as follows: ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–2, see part 61 of this chapter. ■ ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency 62975 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 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. 14. Remove Special Federal Aviation Regulation (SFAR) No. 118–1 from part 125 and add, in its place, SFAR No. 118–2 to part 125 to read as follows: ■ Special Federal Aviation Regulation No. 118–2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Public Health Emergency For the text of SFAR No. 118–2, see part 61 of this chapter. 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. 118–1 from part ■ PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC. Steve Dickson, Administrator, Federal Aviation Administration. [FR Doc. 2020–22004 Filed 10–1–20; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0293; Project Identifier MCAI–2019–00122–E; Amendment 39–21263; AD 2020–20–07] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG (Type Certificate Previously Held by RollsRoyce plc) Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Trent 1000–AE3, Trent 1000– CE3, Trent 1000–D3, Trent 1000–G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000– M3, Trent 1000–N3, Trent 1000–P3, Trent 1000–Q3, Trent 1000–R3, Trent 7000–72, and Trent 7000–72C model turbofan engines. This AD was prompted by a report of crack findings in the front air seal on the intermediatepressure compressor (IPC) shaft assembly during the stripping of a flight test engine. This AD requires initial and repetitive borescope inspections (BSIs) or visual inspections of the IPC shaft assembly and, depending on the results of the inspection, replacement of the IPC shaft assembly with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 10, 2020. The Director of the Federal Register approved the incorporation by reference SUMMARY: E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 62951-62975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22004]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141

[Docket No.: FAA-2020-0446; Amdt. No(s). Amendment numbers 21-104, 61-
147, 63-45, 65-62, 91-360, 107-5, 125-71, and 141-23]
RIN 2120-AL66


Second 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 further amends the regulatory relief 
originally provided in the Relief for Certain Persons and Operations 
during the Coronavirus Disease 2019 (COVID-19) final rule and the 
Limited Extension of Relief for Certain Persons and Operations during 
the Coronavirus Disease 2019 (COVID-19) Public Health Emergency final 
rule. The relief in this final rule applies to a new population of 
airmen and does not extend the relief provided in the amended 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. 
Finally, this rule allows certain air carriers and operators to fly 
temporary overflow aircraft to a point of storage pursuant to a special 
flight permit with a continuing authorization.

DATES: Effective October 1, 2020, through April 30, 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

[[Page 62952]]

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 October 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 as the impacts of the 
COVID-19 public health emergency continue.
    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 during the first 
several months of the public health emergency, many individuals were 
unable to complete certain activities before encountering expiration 
dates.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Despite the gradual resumption of training, checking, and testing 
activities, the demand for completing these activities remains high 
because the industry has not yet been able to catch up from the backlog 
created during the initial closures and shutdowns. Affording 
flexibility in this final rule to the next group of affected 
individuals is necessary to manage the demand and account for a reduced 
number of personnel available to complete the activities. 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 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

AME--Aviation Medical Examiner
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. 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

[[Page 62953]]

Requirements (Part 91, Sec. Sec.  91.1703, 91.1705, 91.1715)
    4. Part 125 Flight Crewmember Requirements (Sec. Sec.  125.285, 
125.287, 125.289, 125.291, 125.293)
    5. Robinson R-22/R-44 Special Training and Experience 
Requirements (SFAR 73)
    B. Relief From Certain Duration and Renewal Requirements
    1. Part 61
    a. Pilot Medical Certificates: Requirement and Duration (Sec.  
61.23)
    b. Pilot Prerequisites for Practical Tests (Sec.  61.39)
    2. Part 63
    a. Flight Engineer Medical Certificates (Sec.  63.3)
    b. Flight Engineer Knowledge Requirements (Sec.  63.35)
    3. Part 65
    a. Aircraft Dispatcher Knowledge Requirements (Sec.  65.55)
    b. Mechanic Certificate Eligibility Requirements (Sec.  65.71)
    C. Other Relief for Special Flight Permits (Sec.  21.197)
IV. Regulatory Notices and Analyses
V. Executive Order Determinations
VI. How To Obtain Additional Information

I. Overview of Final Rule

    The FAA's regulations contain several training, recent experience, 
testing, and checking requirements that persons must comply with prior 
to exercising their airman or crewmember privileges. The FAA's 
regulations also contain duration requirements, such as those 
pertaining to medical certificates, the validity of knowledge tests, 
and general procedures for completing a practical test. 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. For example, the FAA 
finds that there are increases in flight operations and improvements in 
the availability of facilities and personnel to provide training, 
testing, and checking; yet, reduced class sizes and disinfection 
protocols at facilities continue to present challenges in scheduling 
and completing required events. The FAA also finds that the 
availability of designees to complete practical tests and aviation 
medical exams has improved, but there are still challenges in some 
locations with an increase in the number of people competing to 
schedule events necessary to comply with regulatory requirements.
    As a result, ``lapses'' in qualifications, which occur on the last 
day of each month, will affect an additional cohort of regulated 
parties at the end of each month even as State and local directives for 
phased recovery and routine activities resume. The regulatory relief 
provided in this final rule will amend the Limited Extension of Relief 
for Certain Persons and Operations during the Coronavirus Disease 2019 
(COVID-19) Public Health Emergency final rule (SFAR 118-1) (85 FR 
38763) issued by the FAA on June 25, 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. 
Finally, this amendment will extend relief to air carriers and 
operators allowing them to fly temporary overflow aircraft to a point 
of storage with a continuing authorization.
    The FAA notes that no extension of relief has been granted to 
airmen who were eligible for relief in SFAR 118-1. The FAA also notes 
that, in this final rule, it is not expanding every area of relief 
provided in SFAR 118-1. Because the industry is seeing improvements in 
the availability of facilities for training, testing, and examinations 
and the number of persons available to conduct those activities is 
increasing, the extent of the relief in this final rule is reduced in 
many areas. The FAA expects that, with continued improvement over the 
next several months, no further relief will be necessary. Although this 
amended SFAR will remain effective through April 30, 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 SFAR 118 and the amendments to it.

----------------------------------------------------------------------------------------------------------------
                                                       Original SFAR 118  Amended SFAR 118-1  Amended SFAR 118-2
             14 CFR                 Area of relief          relief              relief              relief
----------------------------------------------------------------------------------------------------------------
61.55...........................  Second-in-Command   Due March-June      Added pilots due    Added pilots due
                                   Pilot               2020 has 3 grace    July-Sept 2020.     Oct 2020-Jan
                                   Qualifications.     months to                               2021, but only 2
                                                       complete training.                      total grace
                                                                                               months to
                                                                                               complete
                                                                                               training.
61.56...........................  Pilot Flight        Due March-June      Added pilots due    Added pilots due
                                   Review.             2020 has 3 grace    July-Sept 2020.     Oct 2020-Jan
                                                       months to                               2021, but only 2
                                                       complete a flight                       total grace
                                                       review.                                 months to
                                                                                               complete a flight
                                                                                               review.
61.57...........................  Pilot Instrument    9-month currency    Added look-back     No further relief.
                                   Currency.           look-back period    period for
                                                       (instead of 6       flights in July-
                                                       months) for         Sept 2020.
                                                       flights April 30-
                                                       June 30, 2020.
61.58...........................  Pilot-in-Command    Due March-June      Added pilots due    Added pilots due
                                   Proficiency Check.  2020 has 3 grace    in July-Sept 2020.  Oct 2020-Jan
                                                       months to                               2021, but only 2
                                                       complete the                            total grace
                                                       check.                                  months to
                                                                                               complete the
                                                                                               check.
Part 91, Subpart K..............  Crewmember          Due March-June      Added crewmembers   Added crewmembers
                                   Requirements.       2020 has 3 grace    due in July-Sept    due Oct 2020-Jan
                                                       months to           2020.               2021, but only 2
                                                       complete                                total grace
                                                       training,                               months to
                                                       recency, and                            complete
                                                       checking.                               training,
                                                                                               recency, and
                                                                                               checking.
Part 91, Subpart N..............  Mitsubishi MU-2B    Due March-June      Added pilots due    Added pilots due
                                   Series Special      2020 has 3 grace    in July-Sept 2020.  Oct 2020-Jan
                                   Training,           months to                               2021, but only 2
                                   Experience, and     complete the                            total grace
                                   Operating           training and                            months to
                                   Requirements.       flight review.                          complete the
                                                                                               training and
                                                                                               flight review.

[[Page 62954]]

 
107.65..........................  Remote Pilot        Due March-June      Added remote        No further relief.
                                   Aeronautical        2020; privileges    pilots whose
                                   Knowledge Recency.  are renewed for 6   privileges are
                                                       months following    due to expire
                                                       completion of       July-Sept 2020.
                                                       online training.
Part 125........................  Flight Crewmember   Due March-June      Added crewmembers   Added crewmembers
                                   Requirements.       2020 has 3 grace    due in July-Sept    due Oct 2020-Jan
                                                       months to           2020.               2021, but only 2
                                                       complete                                total grace
                                                       training,                               months to
                                                       recency, and                            complete
                                                       checking \2\.                           training,
                                                                                               recency, and
                                                                                               checking.\3\
SFAR 73.........................  Robinson R-22/R-44  Due March-June      Added pilots due    Added pilots due
                                   Special Training    2020 has 3 grace    in July-Sept 2020.  Oct 2020-Jan
                                   and Experience      months to                               2021, but only 2
                                   Requirements.       complete a flight                       total grace
                                                       review.                                 months to
                                                                                               complete a flight
                                                                                               review.
61.23 (All Pilots)..............  Pilot Medical       Validity of March-  Extend medical      Extend medical
                                   Certificate         May 2020 medicals   validity period     validity period
                                   Duration.           extended to June    by 3 calendar       by 2 calendar
                                                       30, 2020.           months from         months from
                                                                           expiration for      expiration for
                                                                           pilots whose        pilots whose
                                                                           medicals expire     medicals expire
                                                                           March-Sept 2020.    Oct 2020-Jan
                                                                                               2021.
61.23 (Alaska Pilots)...........  Pilot Medical       Nothing Alaska-     Nothing Alaska-     Extend medical
                                   Certificate         specific--covered   specific--covered   validity period
                                   Duration -.         under 61.23 (All    under 61.23 (All    by 3 calendar
                                                       Pilots).            Pilots).            months from
                                                                                               expiration for
                                                                                               pilots that
                                                                                               reside in or
                                                                                               serve as a pilot
                                                                                               of an aircraft in
                                                                                               Alaska whose
                                                                                               medicals expire
                                                                                               Oct 2020-Jan
                                                                                               2021.
61.39...........................  Pilot Knowledge     Test results        Knowledge tests     Knowledge tests
                                   Test Validity       expiring March-     expiring in July-   expiring Oct 2020-
                                   Period.             June 2020           Sept 2020 added.    Jan 2021 extended
                                                       extended 3                              2 calendar
                                                       calendar months.                        months.
61.197..........................  Flight Instructor   Certificate         No further relief.  No further relief.
                                   Renewal.            expiration March-
                                                       May 2020 have
                                                       until June 30,
                                                       2020 to renew.
SFAR 100-2......................  Relief for U.S.     Eligible persons    No further relief.  No further relief.
                                   Military and        that returned
                                   Civilian            from overseas
                                   Personnel Who are   October 2019-
                                   Assigned Outside    March 2020
                                   the U.S. in         received an
                                   Support of U.S.     extension of 3
                                   Armed Forces        calendar months.
                                   Operations.
63.3 (All Flight Engineers).....  Flight Engineer     Validity of March-  Extend medical      Extend medical
                                   Medical             May 2020 medicals   validity period     validity period
                                   Certificate         extended to June    by 3 calendar       by 2 calendar
                                   Duration.           30, 2020.           months from         months from
                                                                           expiration flight   expiration for
                                                                           engineers whose     flight engineers
                                                                           medicals expire     whose medicals
                                                                           March-Sept 2020.    expire Oct 2020-
                                                                                               Jan 2021.
63.3 (Alaska Flight Engineers)..  Flight Engineer     Nothing Alaska-     Nothing Alaska-     Extend medical
                                   Medical             specific--covered   specific--covered   validity period
                                   Certificate         under 63.3 (All     under 63.3 (All     by 3 calendar
                                   Duration.           Flight Engineers).  Flight Engineers).  months from
                                                                                               expiration for
                                                                                               flight engineers
                                                                                               who reside in or
                                                                                               serve as a flight
                                                                                               engineer of an
                                                                                               aircraft in
                                                                                               Alaska whose
                                                                                               medicals expire
                                                                                               Oct 2020-Jan
                                                                                               2021.
63.35...........................  Flight Engineer     Test results        Written tests       Written tests
                                   Written Test        expiring March-     expiring in July-   expiring in Oct
                                   Validity Period.    June 2020           Sept 2020 added.    2020-Jan 2021
                                                       extended 3                              extended 2
                                                       calendar months.                        calendar months.
65.55...........................  Dispatcher          Test results        Knowledge tests     Knowledge tests
                                   Knowledge Test      expiring March-     expiring in July-   expiring in Oct
                                   Validity Period.    June 2020           Sept 2020 added.    2020-Jan 2021
                                                       extended 3                              extended 2
                                                       calendar months.                        calendar months.
65.71...........................  Mechanic Applicant  Testing period      Testing period      Testing period
                                   Testing Period.     expiring March-     expiring in July-   expiring in Oct
                                                       June 2020           Sept 2020 added.    2020-Jan 2021
                                                       extended 3 months.                      extended 2
                                                                                               calendar months.
65.93...........................  Mechanic with       3 additional        No further relief.  No further relief.
                                   Inspection          months (April-
                                   Authorization       June 2020) to
                                   Renewal.            meet year one
                                                       renewal
                                                       requirements.
65.117..........................  Military Riggers..  Eligible military   No further relief.  No further relief.
                                                       parachute riggers
                                                       who were released
                                                       March-June 2019
                                                       have 3 additional
                                                       months to make
                                                       application.
141.5...........................  Pilot School        Provisional         No further relief.  No further relief.
                                   Certificate         certificate
                                   Requirements.       expires April-
                                                       June 2020
                                                       extended to Dec
                                                       31, 2020 to apply
                                                       for a pilot
                                                       school
                                                       certificate.
141.27..........................  Pilot School        Certificate         No further relief.  No further relief.
                                   Certificate         expires April-
                                   Renewal             June 2020
                                   Requirements.       extended to Dec
                                                       31, 2020 to renew.

[[Page 62955]]

 
21.197..........................  Special Flight      April 30-Dec 31,    No change.........  Extend relief
                                   Permit--Move        2020.                                   period to March
                                   Aircraft to                                                 31, 2021.
                                   Storage.
----------------------------------------------------------------------------------------------------------------

II. Background
---------------------------------------------------------------------------

    \2\ An additional 60 days to meet the landing currency is also 
provided.
    \3\ An additional 30 days to meet the landing currency is also 
provided.
---------------------------------------------------------------------------

    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.\4\ 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 seven industry associations seeking to extend by a month the relief 
granted to those individuals eligible for relief in SFAR 118.\5\ The 
letter also requested the FAA 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 content of 
this letter and the rationale behind the need for additional relief was 
described in the Limited Extension of Relief for Certain Persons and 
Operations during the Coronavirus Disease 2019 (COVID-19) Public Health 
Emergency final rule (SFAR 118-1) (85 FR 38763). This final rule also 
detailed the petition for exemption submitted by Airlines for America 
(A4A) to provide medical relief for pilots and flight engineers.
---------------------------------------------------------------------------

    \4\ These letters are available in the rulemaking docket.
    \5\ 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 
(NAAA), National Air Transportation Association (NATA), and National 
Business Aviation Association (NBAA).
---------------------------------------------------------------------------

    On September 3, 2020, the FAA received a letter signed by the same 
seven industry associations as the previous May 2020 letter, seeking 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 
October through December 2020.\6\ As in the prior letter, 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.\7\
---------------------------------------------------------------------------

    \6\ AOPA, AMOA, EAA, HAI, NAAA, NATA, and NBAA.
    \7\ 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.
---------------------------------------------------------------------------

    Although the letter acknowledged that most aviation medical 
examiners (AMEs) are now scheduling appointments, it noted that 
additional flexibility would continue to be a benefit because there are 
still backlogs. The letter further stated that pilots who hold special 
issuance medical certificates or are required to supply the FAA with 
information regarding a medical condition may have difficulty obtaining 
the information in time due to the limited availability of treating 
specialists (e.g., cardiologists, pulmonologists). They also 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 assert that the safety mitigations in SFAR 118-1 will 
continue to ensure an equivalent level of safety during the 
extensions.\8\
---------------------------------------------------------------------------

    \8\ In the letter, the industry associations requested the FAA 
reinstate relief for flight instructor certificate renewals that was 
provided in the original SFAR, but was not included in the first 
extension. The FAA has determined that the circumstances for 
granting relief no longer exist. There are online renewal options 
available; and, for those instructors that renew based on activity, 
the FAA has options available that do not require an in-person visit 
to an FAA office to complete the renewal application process. 
Industry also requested relief for night landing currency 
requirements when carrying passengers in Sec.  61.57(e)(4). The FAA 
has determined that further relief to an exception that is already 
written into the rule for night landing currency is not appropriate; 
therefore, the FAA did not include relief in this final rule. The 
exception already permits a pilot of a turbine-powered airplane that 
requires more than one pilot a couple of alternatives for meeting 
night landing currency requirements. The additional time allowed 
under the exception is partially based upon recency of flight 
experience in the 90 days prior to flight. Any further relief from 
the minimum threshold of 15 hours of flight time in the past 90 days 
to trigger the exception in Sec.  61.57(e)(4) would not provide for 
an equivalent level of safety.
---------------------------------------------------------------------------

    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. Aviation activity continues to 
increase, and industry is beginning to address the backlog of required 
events. However, many of the challenges that existed when the FAA first 
issued SFAR 118 remain today.
    Airmen continue to have trouble complying with certain training, 
recency, checking, testing, duration, and renewal requirements. The 
Nation continues to transition to various phases of reopening 
throughout the country and 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.
    As eligible airmen exercise the relief in SFAR 118-1 and reschedule 
training

[[Page 62956]]

and qualification activities, there continues to be a strain 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 could 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.\9\
---------------------------------------------------------------------------

    \9\ The FAA notes, in particular, that Sec.  61.51(a) requires 
an individual to log training and aeronautical experience used to 
meet the requirements for a certificate, rating, or flight review 
and aeronautical experience required for meeting the recent flight 
experience requirements of part 61. Likewise, Sec.  61.51(i) 
requires a person to present their pilot certificate, medical 
certificate, logbook, or any other record required by part 61 for 
inspection upon a reasonable request by (i) the Administrator; (ii) 
an authorized representative from the National Transportation Safety 
Board; or (iii) any Federal, State, or local law enforcement 
officer.
---------------------------------------------------------------------------

    Each of the following sections explains the relief being granted 
and the persons, airmen, or certificate holders eligible for the 
relief.\10\ For those provisions that are being extended in this final 
rule, 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.\11\
---------------------------------------------------------------------------

    \10\ 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.
    \11\ The FAA's mitigation discussion can be found in the Relief 
for Certain Persons and Operations during the Coronavirus Disease 
2019 (COVID-19) final rule (SFAR 118) (85 FR 26326).
---------------------------------------------------------------------------

    While the FAA is expanding the relief in SFAR 118-1 to a new group 
of airmen, it has not extended the period of relief provided to the 
group of airmen due in the months March through September 2020. 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 
scope of the relief provided to the airmen covered by SFAR 118-1, 
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. The FAA further notes 
that, with aviation activity continuing to increase and the increased 
availability of personnel to complete training and checking activities, 
the FAA might not extend relief to additional groups of persons, 
airmen, and operators after this final rule provided this improvement 
continues. All certificate holders who are facing lapses in 
qualifications should seek to schedule the necessary 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 continues to recover from the public health emergency. Because 
some phased recovery measures continue to recommend that people limit 
exposure through social distancing, and with the enhanced cleaning 
requirements for aircraft and facilities and facility capacity 
restrictions in some locations, some airmen will continue to have 
difficulty completing certain regulatory requirements in the short-term 
because the capacity for completing these events may be reduced. As 
aviation activity resumes, the capacity for training, testing, and 
checking is still not at pre-COVID-19 levels and the demand for these 
events exceeds the availability of qualified instructors, check airmen, 
and examiners in some locations. Therefore, the FAA finds temporary 
relief from some requirements is still necessary to maintain critical 
operations, increase flexibility in scheduling, and reduce burdens on 
airmen; however, the FAA is reducing the amount of additional time and 
flexibility in many of the relief areas as the industry is improving in 
its ability to absorb the demand. This reduction in additional time 
will also help facilitate the transition back to the regulatory 
training and checking intervals without further relief. To ensure 
compliance by the end of the grace periods, the FAA encourages airmen 
not to delay scheduling until the last possible moment.
    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 and the first amendment; however, it is reiterated 
here for clarity. No individuals who obtained relief under SFAR 118-1 
will receive an extension of that relief. Specific changes in the 
relief granted 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.\12\
---------------------------------------------------------------------------

    \12\ In accordance with Sec.  137.19, a private operator pilot 
that holds a private pilot certificate is also eligible for relief.
---------------------------------------------------------------------------

    In addition, this relief applies to some operations conducted by 
pilots exercising private pilot privileges, provided the pilot has at 
least 500 hours of total time as a pilot of which 400 hours is as PIC 
and 50 of the PIC hours were accrued in the last 12 calendar months. 
The kinds of operations permitted are those that are:
     Incidental to business or employment,
     In support of family medical needs or to transport 
essential goods for personal use,
     Necessary to fly an aircraft to a location in order to 
meet a requirement of this chapter, or
     A flight to transport essential goods and/or medical 
supplies to support public health needs.
    This SFAR also extends to pilots conducting charitable medical 
flights for a volunteer pilot organization pursuant to an exemption 
issued under part 11, provided the pilots continue to comply with the 
conditions and limitations of the exemption. For flights conducted by 
private pilots under this relief, no one may be carried on the aircraft 
unless

[[Page 62957]]

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

    \13\ The FAA has consistently construed compensation under Sec.  
61.113(a) broadly. Compensation does not require a profit, profit 
motive, or the actual payment of funds. Rather, compensation is the 
receipt of anything of value, including the reimbursement of 
expenses. For additional discussion, the FAA has issued legal 
interpretations with respect to what constitutes compensation. 
Furthermore, nothing in this SFAR relieves a person from the 
requirement to hold a part 119 certificate if applicable FAA 
regulations require a part 119 certificate. See generally FAA 
Advisory Circular 120-12A (Apr. 24, 1986) and FAA Advisory Circular 
61-142 (Feb. 25, 2020).
---------------------------------------------------------------------------

    This relief also extends to flight attendant crewmembers, check 
pilots, and flight instructors under part 91, subpart K, and part 125. 
Finally, this relief applies to operations conducted under part 107 of 
this chapter by a person who holds a remote pilot certificate issued 
under part 107.\14\ 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 additional conditions and 
limitations imposed on private pilots conducting charitable flights 
under a part 11 exemption.
---------------------------------------------------------------------------

    \14\ No additional relief has been provided for remote pilots 
under part 107 in this final rule. However, some remote pilots who 
obtained relief under SFAR 118-1 remain eligible for relief.
---------------------------------------------------------------------------

    This amendment to SFAR 118-1 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, and the 
PIC proficiency check for pilots that operate aircraft that require 
more than one pilot flight crewmember or are turbojet-powered.\15\ The 
specific relief is described in paragraphs A.1.a. through A.1.c.
---------------------------------------------------------------------------

    \15\ This final rule does not extend the relief previously 
granted for specific recent flight experience requirements in Sec.  
61.57.
---------------------------------------------------------------------------

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.\16\ Although paragraph (c) provides 
SICs a grace month \17\ for accomplishing this recency requirement, the 
effects of the COVID-19 public health emergency continue to create 
challenges for compliance even within that additional timeframe.
---------------------------------------------------------------------------

    \16\ 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.
    \17\ The ``grace month'' is the month after the month in which 
training is due during which the pilot is still eligible to maintain 
recency.
---------------------------------------------------------------------------

    As a result, the FAA finds, under the extraordinary circumstances 
of the COVID-19 public health emergency, that allowing eligible SICs 
two additional grace months for completing the requirements of Sec.  
61.55(b) would not present additional risk to aviation safety that 
cannot be mitigated.\18\ The additional grace months under this 
extension of the SFAR are available to pilots whose base month falls in 
October 2020 through January 2021. The ``base month'' is the month in 
which training is due. This new cohort of pilots will have a total of 
two grace months after the base month to accomplish the requirements of 
Sec.  61.55(b).\19\ If eligible pilots complete these requirements 
during the grace period, they will be considered to have completed them 
during the base month. To attain the two additional grace months, 
eligible pilots must complete the requirements prescribed in SFAR 118-2 
prior to serving as an SIC.
---------------------------------------------------------------------------

    \18\ 85 FR 26330.
    \19\ 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.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  61.55 for all groups of pilots covered under the 
terms of the SFAR.

------------------------------------------------------------------------
                Base month                    Sec.   61.55 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

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.\20\
---------------------------------------------------------------------------

    \20\ 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) is necessary. However, with increased 
aviation activity and growing availability of instructors, the FAA has 
determined that pilots whose flight review is due from October 2020 
through January 2021 require at most two additional calendar months to 
complete their flight reviews instead of the three calendar months 
previously granted. This change acknowledges that some flexibility 
still is needed for scheduling these events, but the circumstances of 
the public health emergency no longer require an extension of three 
calendar months. The FAA also notes that the industry organizations 
requested a two-month extension for this next group of pilots whose 
flight reviews are coming due.
    This extension will not adversely affect safety, provided the 
relief applies to active pilots and certain risk mitigations are 
met.\21\ The two-calendar month extension applies only to pilots who 
were current to act as PIC of an aircraft in March 2020, and whose 
flight review is due in October 2020 through January 2021. Eligible 
pilots must

[[Page 62958]]

complete the requirements prescribed in SFAR 118-2 prior to serving as 
a PIC.
---------------------------------------------------------------------------

    \21\ 85 FR 26330-1.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  61.56 for all groups of pilots covered under the 
terms of the SFAR.

------------------------------------------------------------------------
                Base month                    Sec.   61.56 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

c. 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.\22\ 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.
---------------------------------------------------------------------------

    \22\ In accordance with Sec.  61.58(b), this section does not 
apply to persons conducting operations under subpart K of part 91, 
or part 121, 125, 133, 135, or 137. In accordance with Sec.  
61.57(c), the PIC proficiency check given in accordance with subpart 
K of part 91, parts 121, 125, or 135 may be used to satisfy the 
requirements of this section.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that allowing two additional grace months 
for completing the PIC proficiency checks required by Sec.  61.58(a)(1) 
and (2) does not present a risk to aviation safety that cannot be 
mitigated, as explained in SFAR 118.\23\ Eligible pilots under this 
extension 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 October 2020 through January 2021. 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 October 
2020 and January 2021 are also included in the relief in this SFAR. 
Pilots will have a total of two grace months after the base month to 
accomplish the PIC proficiency check required by Sec.  61.58(a)(1) and 
(2).\24\ A PIC proficiency check completed during the extended grace 
period will be considered to have been completed in the base month.
---------------------------------------------------------------------------

    \23\ 85 FR 26331-2.
    \24\ This two-month grace period includes the grace month that 
is already provided by Sec.  61.58(i) and the one additional grace 
months provided by this SFAR.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  61.58 for all groups of pilots covered under the 
terms of the SFAR.

------------------------------------------------------------------------
                Base month                    Sec.   61.58 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

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.

[[Page 62959]]

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that extending the relief to a new group of 
individuals does not present a risk to aviation safety that cannot be 
mitigated under the conditions of SFAR 118.\25\ As such, the final rule 
allows a total of two 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 October 2020 through January 2021--many of which already permit one 
grace month. 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 October 2020 through 
January 2021, 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 September 2020 
receive no further relief under this portion of the final rule.
---------------------------------------------------------------------------

    \25\ 85 FR 26332-3.
---------------------------------------------------------------------------

    The following table outlines the expiration of relief pertinent to 
part 91, subpart K for all crewmembers covered under the terms of the 
SFAR.

------------------------------------------------------------------------
                                               Part 91, Subpart K SFAR
                Base month                             Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

3. Mitsubishi MU-2B Series Special Training, Experience, and Operating 
Requirements (Sec. Sec.  91.1703, 91.1705, 91.1715)
    Subpart N of part 91 contains training, experience, and operating 
requirements specific to the Mitsubishi MU-2B series airplane. Except 
as specified in Sec.  91.1703(b),\26\ 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,\27\ 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).\28\
---------------------------------------------------------------------------

    \26\ 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).
    \27\ The requirements for ground and flight training are on 
initial/transition, requalification, recurrent, and differences 
training. 14 CFR 91.1705(a)(1).
    \28\ Section 91.1705(a)(2) requires the person's logbook to have 
been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    In addition, Sec.  91.1705(b)(1) states that, except as specified 
in Sec.  91.1703(b), a person may not manipulate the controls, act as 
PIC, or act as SIC, of a MU-2B series airplane for the purpose of 
flight unless that person satisfactorily completes, if applicable, 
recurrent pilot training on the special emphasis items and all items 
listed in the Training Course Final Phase Check in accordance with an 
FAA-approved MU-2B training program that meets the standards of subpart 
N of part 91.\29\
---------------------------------------------------------------------------

    \29\ 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.\30\ 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.
---------------------------------------------------------------------------

    \30\ Successful completion of initial/transition training or 
requalification training within the preceding twelve months 
satisfies the requirement of recurrent training. A person must 
successfully complete initial/transition training or requalification 
training before being eligible to receive recurrent training. 14 CFR 
91.1703(e).
---------------------------------------------------------------------------

    Section 91.1715(c) stipulates that completion of a flight review to 
satisfy the requirements of Sec.  61.56 is valid for operation of a 
Mitsubishi MU-2B series airplane only if that flight review is 
conducted in a Mitsubishi MU-2B series airplane, or an MU-2B simulator 
approved for landings with an approved course conducted under part 142.
    Under the extraordinary circumstances of the COVID-19 public health 
emergency, the FAA supports extending the relief previously granted for 
certain experienced pilots flying MU-2B series airplanes to a new group 
of pilots. This relief is not applicable to pilots that are required to 
complete initial/transition or requalification training in an MU-2B 
series airplane \31\ because these pilots could not meet the 
qualification requirements.
---------------------------------------------------------------------------

    \31\ See Sec.  91.1703(c) or (d).
---------------------------------------------------------------------------

    With this final rule, a person may obtain one additional grace 
month to complete the recurrent training requirements.\32\ 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 October 2020 through January 2021. 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 the final rule for the original SFAR 
118.\33\
---------------------------------------------------------------------------

    \32\ This means a person will have a total of two 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.
    \33\ 85 FR 26333.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to part 91, subpart N for all groups of pilots covered under 
the terms of the SFAR.

------------------------------------------------------------------------
                                               Part 91, Subpart N SFAR
                Base month                             Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

4. 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 ferry, sales 
demonstrations, or training.\34\ These LODA-holders conduct operations 
under part 91 and may hold an operating certificate and have operations 
specifications

[[Page 62960]]

(OpSpecs).\35\ 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.
---------------------------------------------------------------------------

    \34\ These are A510, A511, or A512 LODA holders, respectively.
    \35\ Pilots of these LODA-holders comply with the recency, 
training, and checking requirements of part 61.
---------------------------------------------------------------------------

    Section 125.287 requires a pilot of a part 125 operation to have 
passed a written or oral test given by the Administrator or a check 
airman every 12 calendar months and pass a competency check in the type 
of airplane flown in part 125 operations every 12 calendar months.\36\ 
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.\37\ 
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.\38\ 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.
---------------------------------------------------------------------------

    \36\ 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.
    \37\ 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.
    \38\ The certificate holder is also required to use a PIC in an 
airplane of a part 125 IFR operation who has completed the 
instrument proficiency check within the preceding six calendar 
months.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that extending the relief to a new group of 
pilots by allowing one additional grace month for completing the 
recurrent testing, checking, and training requirements does not present 
a risk to aviation safety that cannot be mitigated. However, in a 
change from SFAR 118-1, the FAA is granting only an additional thirty 
days for completing the three required takeoffs and landings. With 
aviation activity increasing, there are increased opportunities to gain 
the required takeoffs and landings when compared to the circumstances 
the industry faced in the original SFAR, and a sixty-day extension is 
no longer warranted. 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.\39\
---------------------------------------------------------------------------

    \39\ Pilots of other LODA-holders would comply with the 
applicable relief to part 61 training, recency, testing, and 
checking requirements.
---------------------------------------------------------------------------

    The relief in this final rule applies to requirements for currently 
qualified flight crewmembers only, whose base month is October 2020 
through January 2021. 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.\40\ 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 October 2020 through January 2021, 
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 September 2020 receive no further 
relief under this portion of the final rule.
---------------------------------------------------------------------------

    \40\ 85 FR 26334.
---------------------------------------------------------------------------

    The following table outlines the expiration of relief pertinent to 
part 125 for all crewmembers covered under the terms of the SFAR.

------------------------------------------------------------------------
                Base month                      Part 125 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

5. 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.\41\ 
Otherwise, it requires the person to comply with the endorsement 
requirements of SFAR 73.\42\
---------------------------------------------------------------------------

    \41\ 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.
    \42\ See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or 
(2) Aeronautical Experience.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health 
emergency, the FAA has determined that the PIC of an R-22 or R-44 is 
compliant with SFAR 73 if the person meets the recency requirements of 
Sec.  61.56 established in this SFAR in an R-22 or R-44, or both, as 
appropriate.\43\ 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.
---------------------------------------------------------------------------

    \43\ 85 FR 26335.
---------------------------------------------------------------------------

    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 October 2020 through January 2021 may extend an 
additional two calendar months, provided the pilots meet the 
requirements prescribed in SFAR 118.
    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to SFAR 73 for all groups of pilots covered under the terms 
of the SFAR.

------------------------------------------------------------------------
                Base month                  SFAR 73 Relief in SFAR 118-2
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------


[[Page 62961]]

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 resume, the FAA is providing 
the relief for periods of time deemed necessary to alleviate the 
burden. The FAA notes that, because of the increased activity and 
availability of personnel to conduct the exams or testing events, the 
length of the relief available is reduced in most cases. 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.
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 available capacity of FAA inspectors or designees 
who can conduct the practical tests. As a result, the FAA is providing 
relief to extend the knowledge test validity period as described in 
B.1.b. As explained in the following sections, however, the FAA has 
decreased the period of relief in most instances due to improved 
capacity available, relative to earlier in the COVID-19 public health 
emergency, for persons to complete medical examinations and airman 
testing activities throughout the country.
a. Pilot 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.
    With the original SFAR 118, the FAA provided relief from medical 
certificate duration requirements to all pilots to encompass all 
operations subject to Sec. Sec.  61.2, 61.23, and 63.3. In the first 
amendment to the SFAR, the FAA noted that, although some routine 
activity was resuming and AMEs were beginning to see patients, 
additional relief was necessary to address the large volume of pilots 
that needed medical examinations and to give flexibility in scheduling.
    Since June, the FAA has seen a continued increase in the 
availability of its AMEs such that more than 90 percent are currently 
seeing patients for aviation medical examinations. The September letter 
from the industry, while noting this improvement, stated that there are 
still some backlogs and additional relief for the next group of pilots 
is warranted. The industry letter explained that pilots who hold a 
special issuance medical certificate, or otherwise are required to 
supply the FAA with updates on certain medical conditions, may benefit 
from an extended validity period due to the additional time it may take 
to see specialists for those conditions and to supply the FAA with that 
information.
    The FAA acknowledges there are some localized backlogs and has 
identified a few locations that still do not have an available AME. As 
a result, some pilots may be required to find a new AME to conduct the 
medical exam and possibly even travel a greater distance from their 
home to access an available AME. The FAA further notes that its 
processing of special issuance medicals is taking slightly longer in 
some cases due to COVID-19 as its workforce continues to address the 
increased volume of medical records under review. For these reasons, 
and to afford pilots the flexibility necessary to get the medical 
visits scheduled, the FAA is extending the validity of medical 
certificates due to expire in each of the months from October 2020 
through January 2021. However, for persons living and serving as pilots 
in operations outside of Alaska, this extension is for a period of only 
two calendar months.
    In the FAA's assessment of available AMEs, it notes that Alaska 
continues to have lapses in AME coverage that will require some pilots 
to travel a significant distance to obtain a medical examination. 
Locations without an AME include Juneau, Skagway, Homer, and Kenai. 
Given the many unique areas in Alaska, some pilots will be required to 
travel by air to another location within the state to get to an AME. 
Because of the unique circumstances of the COVID-19 public health 
emergency and the lack of available AMEs in Alaska, the FAA is 
extending for up to three calendar months the validity of medical 
certificates due to expire in each of the months from October 2020 
through January 2021 for pilots that reside in Alaska or serve as a 
pilot of an aircraft in Alaska.
    The FAA notes that the provisions of this SFAR do not extend to the 
requirements of Sec.  61.53 regarding prohibition on operations during 
medical deficiency. These prohibitions remain critical for all pilots 
to observe, especially given the policy of emergency accommodation 
announced here and the health threat of COVID-19. Accordingly, the FAA 
emphasizes that under Sec.  61.53, no person who holds a medical 
certificate issued under 14 CFR part 67 may act as a required pilot 
flight crewmember while that person:
    (1) Knows or has reason to know of any medical condition that would 
make the person unable to meet the requirements for the medical 
certificate necessary for the pilot operation; or
    (2) Is taking medication or receiving other treatment for a medical 
condition that results in the person being unable to meet the 
requirements for the medical certificate necessary for the pilot 
operation.
    The FAA reiterates that no additional relief has been provided to 
pilots who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  61.23 for all groups of pilots covered under the 
terms of the SFAR.

[[Page 62962]]



----------------------------------------------------------------------------------------------------------------
                                          Sec.   61.23 SFAR
              Base month                 Relief  (all pilots)       Sec.   61.23 SFAR Relief  (Alaska pilots)
----------------------------------------------------------------------------------------------------------------
March through May 2020...............  Expired................  Expired.
June 2020............................  Expires September 30,    Expires September 30, 2020.
                                        2020.
July 2020............................  Expires October 31,      Expires October 31, 2020.
                                        2020.
August 2020..........................  Expires November 30,     Expires November 30, 2020.
                                        2020.
September 2020.......................  Expires December 31,     Expires December 31, 2020.
                                        2020.
October 2020.........................  Expires December 31,     Expires January 31, 2021.
                                        2020.
November 2020........................  Expires January 31,      Expires February 28, 2021.
                                        2021.
December 2020........................  Expires February 28,     Expires March 31, 2021.
                                        2021.
January 2021.........................  Expires March 31, 2021.  Expires April 30, 2021.
----------------------------------------------------------------------------------------------------------------

b. Pilot 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.\44\ 
The multiengine airplane ATP knowledge test is valid for 60 calendar 
months.\45\
---------------------------------------------------------------------------

    \44\ 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.
    \45\ 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. 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,\46\ 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.
---------------------------------------------------------------------------

    \46\ FAA Regulatory Support Division provided knowledge test 
cost information on April 14, 2020.
---------------------------------------------------------------------------

    Although the FAA is seeing increased activity in practical testing 
activities by its examiners and designees such that activity is 
approaching pre-COVID-19 levels, the initial disruptions created a 
backlog that still exists as applicants continue to have trouble 
scheduling practical tests in some cases. As a result, 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 118-1 to extend the validity period 
of knowledge tests for an additional group of individuals. However, 
because of the increased activity and improved availability of 
personnel to conduct practical tests, the FAA is limiting the relief 
available. Individuals who have knowledge tests expiring between 
October 2020 and January 2021 will have two additional calendar months 
to complete their practical test. Therefore, this final rule will allow 
an individual who has a knowledge test expiring between October 2020 
and January 2021 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 two 
calendar months.\47\
---------------------------------------------------------------------------

    \47\ Except for a multiengine ATP knowledge test, a knowledge 
test taken for a pilot certificate or rating in October 2018 would 
expire in October 2020. With the relief in this SFAR, the passing 
knowledge test results are valid until December 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.\48\ 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.\49\ 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.\50\ 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.\51\ 
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.
---------------------------------------------------------------------------

    \48\ 14 CFR 61.39(a)(3).
    \49\ 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313.
    \50\ 14 CFR 61.39(a)(6).
    \51\ 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).
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
applicants who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  61.39 for all applicants covered under the terms of 
the SFAR.

------------------------------------------------------------------------
             Expiration month                 Sec.   61.39 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

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.

[[Page 62963]]

a. Flight Engineer Medical Certificates (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 two 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 118-1 and extending 
the validity period for medical certificates that expire in each month 
from October 2020 through January 2021 by two calendar months for 
flight engineers that do not live in Alaska or serve as a flight 
engineer in Alaska.
    Consistent with the relief to pilots that reside in Alaska or serve 
as a flight engineer of an aircraft in Alaska explained in section 
B.1.a, flight engineers who reside in Alaska or serve as a flight 
engineer in an aircraft in Alaska will be granted additional relief not 
to exceed an extension of three calendar months. In this unique 
circumstance, those flight engineers who hold medical certificates that 
expire in each month from October 2020 through January 2021 will have 
up to three calendar months to obtain a medical certificate.
    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.
    The FAA reiterates that no additional relief has been provided to 
flight engineers who obtained relief under the original SFAR and the 
first extension. The following table outlines the expiration of relief 
pertinent to Sec.  63.3 for all groups of flight engineers covered 
under the terms of the SFAR.

----------------------------------------------------------------------------------------------------------------
                                       Sec.   63.3 SFAR Relief       Sec.   63.3 SFAR Relief  (Alaska flight
              Base month                (all flight engineers)                     engineers)
----------------------------------------------------------------------------------------------------------------
March through May 2020...............  Expired................  Expired.
June 2020............................  Expires September 30,    Expires September 30, 2020.
                                        2020.
July 2020............................  Expires October 31,      Expires October 31, 2020.
                                        2020.
August 2020..........................  Expires November 30,     Expires November 30, 2020.
                                        2020.
September 2020.......................  Expires December 31,     Expires December 31, 2020.
                                        2020.
October 2020.........................  Expires December 31,     Expires January 31, 2021.
                                        2020.
November 2020........................  Expires January 31,      Expires February 28, 2021.
                                        2021.
December 2020........................  Expires February 28,     Expires March 31, 2021.
                                        2021.
January 2021.........................  Expires March 31, 2021.  Expires April 30, 2021.
----------------------------------------------------------------------------------------------------------------

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.\52\
---------------------------------------------------------------------------

    \52\ 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 118-1 to expand it to include persons seeking a 
flight engineer certificate under part 63 who have written tests 
expiring between October 2020 and January 2021. 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 two 
calendar months.\53\ 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.
---------------------------------------------------------------------------

    \53\ A written test taken for a flight engineer certificate in 
October 2018 would expire in October 2020. With the relief in this 
SFAR, the passing written test results are valid until December 
2020.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
applicants who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  63.35 for all applicants covered under the terms of 
the SFAR.

------------------------------------------------------------------------
             Expiration month                 Sec.   63.35 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

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.

[[Page 62964]]

a. Aircraft Dispatcher Knowledge Requirements (Sec.  65.55)
    Section 65.55 establishes the knowledge requirements for a person 
seeking an aircraft dispatcher certificate. Paragraph (b) requires the 
applicant for an aircraft dispatcher certificate to present passing 
knowledge test results within the preceding 24 calendar months.
    For the reasons discussed in section B.1.b and subject to the same 
conditions and limitations, the FAA, under the extraordinary 
circumstances of the COVID-19 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 October 2020 and January 2021. 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 two calendar 
months. Accordingly, an individual who has a knowledge test expiring 
between October 2020 and January 2021 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 two calendar 
months.\54\
---------------------------------------------------------------------------

    \54\ A knowledge test taken for an aircraft dispatcher 
certificate in October 2018 would expire in October 2020. With the 
relief in this SFAR, the passing knowledge test results are valid 
until December 2020.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
applicants who obtained relief under the original SFAR and the first 
extension. The following table outlines the expiration of relief 
pertinent to Sec.  65.55 for all applicants covered under the terms of 
the SFAR.

------------------------------------------------------------------------
             Expiration month                 Sec.   65.55 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 30, 2020.
July 2020.................................  Expires October 31, 2020.
August 2020...............................  Expires November 30, 2020.
September 2020............................  Expires December 31, 2020.
October 2020..............................  Expires December 31, 2020.
November 2020.............................  Expires January 31, 2021.
December 2020.............................  Expires February 28, 2021.
January 2021..............................  Expires March 31, 2021.
------------------------------------------------------------------------

b. Mechanic Certificate Eligibility Requirements (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.\55\ 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.
---------------------------------------------------------------------------

    \55\ 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 October 2020 and January 
2021. 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 two months. Accordingly, an individual who has 
a testing period expiring in October through January 2021 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 26 
months.\56\
---------------------------------------------------------------------------

    \56\ If a testing period was to expire on October 31, 2020, this 
SFAR extends the testing period to December 31, 2020.
---------------------------------------------------------------------------

    The FAA reiterates that no additional relief has been provided to 
applicants who obtained relief under the original SFAR and the first 
extension. The following table generally outlines the expiration of 
relief pertinent to Sec.  65.71 for all applicants covered under the 
terms of the SFAR. Because mechanic testing periods do not use a 
calendar month, the exact date when the period started will determine 
the exact date of expiration of SFAR relief.

------------------------------------------------------------------------
             Expiration month                 Sec.   65.71 SFAR Relief
------------------------------------------------------------------------
March through May 2020....................  Expired.
June 2020.................................  Expires September 2020.
July 2020.................................  Expires October 2020.
August 2020...............................  Expires November 2020.
September 2020............................  Expires December 2020.
October 2020..............................  Expires December 2020.
November 2020.............................  Expires January 2021.
December 2020.............................  Expires February 2021.
January 2021..............................  Expires March 2021.
------------------------------------------------------------------------

C. Other Relief for Special Flight Permits (Sec.  21.197)

    Section 21.197(c) provides that a special flight permit with a 
continuing authorization may be issued for aircraft that may not meet 
applicable airworthiness requirements, but are capable of safe flight, 
for the purpose of flying aircraft to a base where maintenance or 
alterations are performed. In the original SFAR, the FAA provided 
relief through December 31, 2020 to certificate holders and operators 
authorized to conduct operations under part 119 or under subpart K of 
part 91 for ferrying aircraft that may not meet all airworthiness 
requirements, but are capable of safe flight, to a point of 
storage.\57\ Due to the COVID-19 public health emergency, airlines had 
significantly reduced operations in the National Airspace System. 
Domestic airlines sought space to park their fleets and airport 
operators worked to find locations to support the temporary overflow 
aircraft.
---------------------------------------------------------------------------

    \57\ SFAR 118 provided relief pertaining to special flight 
permits through December 31, 2020. In the first extension of the 
SFAR, the FAA stated that it was making no change to the duration of 
the relief for special flight permits, but in that extension (SFAR 
118-1) the December 31, 2020 termination date for this relief was 
inadvertently removed from paragraph 4 of the rule text. As a 
result, although the FAA had intended no change in SFAR 118-1, the 
rule text resulted in the relief for special flight permits 
terminating on March 31, 2021, which was the stated expiration date 
for SFAR 118-1 as a whole. SFAR 118-2 thus intentionally and 
unambiguously provides the relief through March 31, 2021 that SFAR 
118-1 inadvertently provided.
---------------------------------------------------------------------------

    Although airline and fractional ownership operations have increased 
since March, they still remain well below the typical volume of flights 
on a daily basis, resulting in a continued need for aircraft storage. 
As the public health emergency continues to impact those sectors of the 
aviation industry, locations selected for temporary storage may not be 
adequate for this longer period (e.g., because of the seasonal climate 
at the temporary storage location) and additional movements of those 
aircraft to different storage locations is likely. This would continue 
to place a significant burden on certificate holders and operators. It 
could also impose burdens on the responsible FAA Flight Standards 
offices that oversee these operators if individual ferry permits need 
to be processed for every aircraft that needs to be moved to a point of 
storage. As a result, the FAA has decided to extend relief for Sec.  
21.197(c) to March 31, 2021.

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several analyses. 
First,

[[Page 62965]]

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 
provided in SFAR 118-1. 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 October 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. continues its 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 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.
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

[[Page 62966]]

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 118-1 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 through September 2020, 
this final rule extends the grace period to those whose base month 
falls in October 2020 through January 2021. 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 118-1, 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 118-1, and therefore would be required 
to provide mitigation plans to their assigned principal operations 
inspector. This action was in addition to the plans submitted for the 
original SFAR 118 by all 69 part 125 certificate holders and A125 LODA 
holders. 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 
October 2020 through January 2021 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 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 
$21,114.\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 
and the revised plan submission from SFAR 118-1 was $14,076. That is 
added to the amendment burden for new or revised plan submissions of 
$7,038 for a total of $21,114.
---------------------------------------------------------------------------

    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 estimated to have 
submitted a new or revised plan for SFAR 118-1, and the same 69 part 
125 certificate holders and A125 LODA holders are expected to submit a 
new or revised plan for this amendment, the total number of plans for 
review by an ASI is 207. 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 $20,580 (207 responses x 1 hour x $99.42 = $20,580).\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 requested 
emergency processing to amend the temporary collection of information 
previously approved under emergency processing with the original SFAR 
(OMB 2120-0788). DOT could not 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. The use of normal clearance procedures would have 
resulted 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

[[Page 62967]]

COVID-19 public health emergency, it was not practicable to afford 
ninety days of public comment on this collection of information. 
Therefore, the FAA requested OMB approval of this temporary collection 
of information. OMB approved the FAA's emergency clearance request 
through March 31, 2021.

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 two calendar months for pilots with expiring 
medicals between October 2020 and January 2021, with the exception of 
pilots and flight engineers who reside in Alaska or serve as a pilot or 
flight engineer in an aircraft in Alaska (for whom the FAA is extending 
the validity by three months). 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 30 days for PICs conducting operations under part 
125. 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 30 days for SICs conducting operations under part 
125. 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, 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

[[Page 62968]]

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. 118-1 from 
part 21 and add, in its place, SFAR No. 118-2 to part 21 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, 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. 118-1 from 
part 61 and add, in its place, SFAR No. 118-2 to part 61 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--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 January 31, 
2021--
    (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 under this part, 
provided the person meets one of the following paragraphs--
    (i) The person is conducting a charitable medical flight for a 
volunteer pilot organization pursuant to an exemption issued under part 
11 of this chapter, and the flight involves only the carriage of 
persons considered essential for the flight;
    (ii) The person is conducting an agricultural aircraft operation 
under a private agricultural aircraft operating certificate issued in 
accordance with Sec.  137.19 of this chapter;
    (iii) The person has at least 500 hours of total time as a pilot, 
that includes at least 400 hours as a pilot in command and at least 50 
hours that were accrued within the preceding 12 calendar months, and 
the person is conducting one of the following operations consistent 
with the compensation or hire exceptions specified in Sec.  61.113:

[[Page 62969]]

    (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. (A) Notwithstanding the period specified in Sec.  
61.55(c), a person who is required to complete the second-in-command 
familiarization and currency requirements under Sec.  61.55(b)(1) and 
(2) between March 1, 2020 and 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.
    (B) Notwithstanding the period specified in Sec.  61.55(c), a 
person who is required to complete the second-in-command 
familiarization and currency requirements under Sec.  61.55(b)(1) and 
(2) between October 1, 2020 and January 31, 2021 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 two months after 
the month in which they are required, provided the pilot meets the 
requirements of paragraph 2.(b)(1)(ii) of this SFAR.
    (C) A pilot who meets the requirements of Sec.  61.55(b)(1) and (2) 
in accordance with paragraph 2.(b)(1)(i)(A) or paragraph 2.(b)(1)(i)(B) 
of this SFAR 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)(A) or paragraph 2.(b)(1)(i)(B) 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 January 31, 2021.
    (ii) Qualification requirements. To act as pilot in command of an 
aircraft during the period specified in paragraph 2.(b)(2)(iii)(A) or 
paragraph 2.(b)(2)(iii)(B) 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. (A) A person who is required to complete a 
flight review under Sec.  61.56 between March 1, 2020 and September 30, 
2020 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.
    (B) A person who is required to complete a flight review under 
Sec.  61.56 between October 1, 2020 and January 31, 2021 may act as 
pilot in command of an aircraft for a duration of two calendar months 
from the month in which the flight review was due. Before acting as 
pilot in command of an aircraft in the third month after the month in 
which the flight review was due, the person must satisfactorily 
complete a flight review in accordance with Sec.  61.56.
    (3) Instrument experience requirements of Sec.  61.57. A person who 
has not performed and logged the tasks required by Sec.  61.57(c)(1) 
within the 6 calendar months preceding the month of the flight may 
continue to act as pilot in command under IFR or in weather conditions 
less than the minimums prescribed for VFR, provided the following 
requirements are met--
    (i) Qualification requirements. The person has--
    (A) Within the 6 calendar months preceding the month of the flight, 
performed and logged at least three instrument approaches in actual 
weather conditions, or under simulated conditions using a view-limiting 
device; and
    (B) Within the 9 calendar months preceding the month of the flight, 
performed and logged the tasks required by Sec.  61.57(c)(1).
    (ii) Grace period. Between April 30, 2020 and 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. (A) 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.
    (B) 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 October 1, 2020 and January 31, 2021 
for purposes of maintaining pilot in command privileges may complete 
the check in the month before or two months after the month in which it 
is required, provided the pilot meets

[[Page 62970]]

the requirements of paragraph 2.(b)(4)(ii) of this SFAR.
    (C) A pilot who completes the proficiency check within the period 
prescribed by this paragraph 2.(b)(4)(i)(A) or paragraph 2.(b)(4)(i)(B) 
of this SFAR 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)(A) or paragraph 
2.(b)(4)(i)(B) 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. (A) 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.
    (B) 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 October 1, 2020 
and January 31, 2021 for purposes of maintaining qualification may 
complete the test or check in the month before or two months after the 
month it is required, provided the requirements of paragraph 
2.(b)(5)(vi) of this SFAR are met.
    (C) A crewmember who completes a test or check in accordance with 
paragraph 2.(b)(5)(i)(A) or paragraph 2.(b)(5)(i)(B) of this SFAR will 
be considered to have completed the test or check in the month in which 
it was required.
    (ii) Recurrent training requirements. (A) Notwithstanding the 
period specified in Sec.  91.1073(b) of this chapter, a crewmember who 
is required to complete recurrent training under Sec.  91.1099 or Sec.  
91.1107(c) of this chapter between March 1, 2020 and 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.
    (B) Notwithstanding the period specified in Sec.  91.1073(b) of 
this chapter, a crewmember who is required to complete recurrent 
training under Sec.  91.1099 or Sec.  91.1107(c) of this chapter 
between October 1, 2020 and January 31, 2021 for purposes of 
maintaining qualification may complete that training in the month 
before or two months after the month in which it is required, provided 
the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
    (C) A crewmember who completes recurrent training in accordance 
with this paragraph 2.(b)(5)(ii)(A) or paragraph 2.(b)(5)(ii)(B) 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 January 31, 2021.
    (2) Grace period. (i) For a person who is required to demonstrate 
that type of precision instrument approach procedure between March 1, 
2020 and September 30, 2020, the person satisfactorily demonstrates 
that type of precision instrument approach procedure within three 
months after the month in which it was required.
    (ii) For a person who is required to demonstrate that type of 
precision instrument approach procedure between October 1, 2020 and 
January 31, 2021, the person satisfactorily demonstrates that type of 
precision instrument approach procedure within two 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 January 31, 2021.
    (2) Grace period. (i) For a person who is required to demonstrate 
that type of non-precision instrument approach procedure between March 
1, 2020 and September 30, 2020, the person satisfactorily demonstrates 
that type of non-precision instrument approach procedure within three 
months after the month in which it was required.
    (ii) For a person who is required to demonstrate that type of non-
precision instrument approach procedure between October 1, 2020 and 
January 31, 2021, the person satisfactorily demonstrates that type of 
non-precision instrument approach procedure within two 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. (A) 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

[[Page 62971]]

requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
    (B) 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 October 1, 2020 and January 31, 2021 for 
purposes of maintaining qualification may complete the flight segments 
or line-observation program requirements in the month before or two 
months after the month they are required, provided the requirements of 
paragraph 2.(b)(5)(vi) of this SFAR are met.
    (C) 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. (A) Notwithstanding the period specified in Sec. Sec.  
91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight 
instructor who is required to complete an observation check under Sec.  
91.1093(a)(2) or Sec.  91.1095(a)(2) of this chapter between March 1, 
2020 and 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.
    (B) Notwithstanding the period specified in Sec. Sec.  91.1093(b) 
and 91.1095(b) of this chapter, a check pilot or flight instructor who 
is required to complete an observation check under Sec.  91.1093(a)(2) 
or Sec.  91.1095(a)(2) of this chapter between October 1, 2020 and 
January 31, 2021 for purposes of maintaining qualification may complete 
the observation check in the month before or two months after the month 
it is required, provided the requirements of paragraph 2.(b)(5)(vi) of 
this SFAR are met.
    (C) 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. (A) 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.
    (B) 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 October 1, 2020 and 
January 31, 2021 for purposes of complying with Sec.  91.1705(a) and 
(b) may complete the recurrent training in the month before or two 
months after the month the recurrent training is required, provided the 
requirements of paragraph 2.(b)(6)(iii) of this SFAR are met.
    (C) 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 January 31, 2021; and
    (2) The requirements of paragraph 2.(b)(6)(iii) of this SFAR are 
met.
    (B) Grace period. (1) A person who is required to complete a flight 
review in a Mitsubishi MU-2B series airplane between March 1, 2020 and 
September 30, 2020 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.
    (2) A person who is required to complete a flight review in a 
Mitsubishi MU-2B series airplane between October 1, 2020 and January 
31, 2021 may act as pilot in command of a Mitsubishi MU-2B series 
airplane for a duration for two calendar months from the month in which 
the flight review was due. Before acting as pilot in command of an 
aircraft in the third 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 during the period provided under paragraph 2.(b)(6)(i)(A) or 
paragraph 2.(b)(6)(i)(B) of this SFAR or to complete the flight review 
during the period provided under paragraph 2.(b)(6)(ii)(A) or paragraph 
2.(b)(6)(ii)(B) 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--

[[Page 62972]]

    (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 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. (1) For flights between March 1, 2020 and 
September 30, 2020, 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.
    (2) For flights between October 1, 2020 and January 31, 2021, the 
person has made at least three takeoffs and landings, within the 
preceding 120 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. (A) 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, provided the requirements 
of paragraph 2.(b)(8)(iii) of this SFAR are met.
    (B) 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 October 1, 2020 and January 31, 2021 
for purposes of maintaining qualifications may complete the test or 
check in the month before or two months after the month it is required, 
provided the requirements of paragraph 2.(b)(8)(iii) of this SFAR are 
met.
    (C) 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 January 31, 2021.
    (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 paragraphs 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 paragraphs 
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) A person who is required to complete a 
flight review under Sec.  61.56 between March 1, 2020 and September 30, 
2020 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

[[Page 62973]]

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.
    (B) A person who is required to complete a flight review under 
Sec.  61.56 between October 1, 2020 and January 31, 2021 may act as a 
pilot in command of a Robinson model R-22 or R-44 helicopter, as 
appropriate, for a duration of two calendar months from the month in 
which the flight review was due. Before acting as pilot in command of 
an aircraft in the third 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. (i) The 
expiration date of a first-, second-, or third-class medical 
certificate that expires between March 31, 2020 and January 31, 2021 is 
extended three calendar months from the duration established in Sec.  
61.23(d) of this part as follows:
    (A) For first-, second-, and third-class medical certificates that 
expire between March 31, 2020 and September 30, 2020, the expiration 
date is extended for three calendar months;
    (B) Except as provided in paragraph 3.(a)(1)(i)(C) of this SFAR, 
for first-, second-, and third-class medical certificates that expire 
between October 31, 2020 and January 31, 2021, the expiration date is 
extended for two calendar months; and
    (C) For first-, second-, and third-class medical certificates that 
expire between October 31, 2020 and January 31, 2021, the expiration 
date is extended for three calendar months if the holder of the medical 
certificate resides in or serves as a pilot of an aircraft in the State 
of Alaska.
    (ii) A certificate extended under this paragraph 3.(a)(1) is 
considered valid under Sec.  61.2(a)(5).
    (iii) 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--
    (A) Has access to this SFAR when outside the United States; and
    (B) 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;
    (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;
    (iii) Within the 26-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 October 1, 
2018 and January 31, 2019; or
    (iv) Within the 62-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 October 1, 2015 and January 31, 2016.
    (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. (i) 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.
    (ii) Except as provided in paragraph 3.(b)(1)(iii) of this SFAR, 
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 October 31, 2020 and January 31, 2021 is extended 2 calendar 
months from the original expiration date.
    (iii) 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 October 31, 2020 and January 31, 2021 is extended 3 
calendar months from the original expiration date if the flight 
engineer resides in or serves as a flight engineer in an aircraft in 
the State of Alaska.
    (iv) 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:
    (A) Has access to this SFAR when outside the United States; and
    (B) 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. (i) 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.
    (ii) 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 26-calendar month period 
preceding the month the applicant completes the practical test, 
provided the written test was passed between October 1, 2018 and 
January 31, 2019.
    (c) Part 65 of this Chapter.
    (1) Extension of knowledge test duration requirements in Sec.  
65.55 of this chapter. (i) 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.
    (ii) 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 26-calendar month period preceding the month 
the

[[Page 62974]]

applicant completes the practical test, provided the knowledge test was 
passed between October 1, 2018 and January 31, 2019.
    (2) Extension of testing period in Sec.  65.71 of this chapter. (i) 
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.
    (ii) 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 26 
months, provided the testing period began between October 1, 2018 and 
January 31, 2019.
    (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 through March 31, 2021, 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 April 30, 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

[[Page 62975]]

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.


0
6. Remove Special Federal Aviation Regulation (SFAR) No. 118-1 from 
part 63 and add, in its place, SFAR No. 118-2 to part 63 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, 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. 118-1 from 
part 65 and add, in its place, SFAR No. 118-2 to part 65 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, see part 61 of this chapter.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
9. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
10. Remove Special Federal Aviation Regulation (SFAR) No. 118-1 from 
part 91 and add, in its place, SFAR No. 118-2 to part 91 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, 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. 118-1 from 
part 107 and add, in its place, SFAR No. 118-2 to part 107 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, 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. 118-1 from 
part 125 and add, in its place, SFAR No. 118-2 to part 125 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, 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. 118-1 from 
part 141 and add, in its place, SFAR No. 118-2 to part 141 to read as 
follows:

Special Federal Aviation Regulation No. 118-2--Relief for Certain 
Persons During the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-2, see part 61 of this chapter.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2020-22004 Filed 10-1-20; 4:15 pm]
BILLING CODE 4910-13-P

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