Increase the Duration of Aircraft Registration, 71210-71218 [2022-25289]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71210-71218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 47

[Docket No. FAA-2022-1514; Amdt. No. 47-33]
RIN 2120-AL45


Increase the Duration of Aircraft Registration

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

ACTION: Direct final rule; request for comments.

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SUMMARY: The FAA is extending the duration of aircraft registration 
certificates from three years to seven years. Initial Certificates of 
Aircraft Registration will expire seven years from the month issued. In 
addition, the FAA is applying this amendment to all aircraft currently 
registered under existing FAA regulations governing

[[Page 71211]]

aircraft registration, which will extend valid Certificates of Aircraft 
Registration to a seven-year duration. This rulemaking also makes other 
minor revisions to rules related to internal FAA registration 
processes.

DATES: This direct final rule will become effective January 23, 2023.
    Send comments on or before December 22, 2022. If the FAA receives 
an adverse comment, the FAA will advise the public by publishing a 
document in the Federal Register before the effective date of this 
direct final rule. That document may withdraw the direct final rule in 
whole or in part.

ADDRESSES: Send comments identified by docket number FAA-2022-1514 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bonnie Lefko, Program Analyst, Civil 
Aviation Registry, FAA Aircraft Registration Branch, Federal Aviation 
Administration, P.O. Box 25504, Oklahoma City, OK 73125; telephone 405-
954-3131; email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Direct Final Rule
III. Authority for This Rulemaking
IV. Discussion of the Direct Final Rule
    A. Background and Purpose of Regulatory Action
    B. Implementation of Section 556 of the FAA Reauthorization Act 
of 2018
    C. Other Part 47 Amendments
V. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, International Cooperation
VII. Additional Information
    A. Comments Invited
    B. Confidential Business Information
    C. Electronic Access and Filing
    D. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations Frequently Used in This Document

Application--Aircraft Registration Application, AC Form 8050-1
Certificate--Certificate of Aircraft Registration, AC Form 8050-3
Registry--Civil Aviation Registry, FAA Aircraft Registration Branch
Renewal Form--Aircraft Registration Renewal Application, AC Form 
8050-1B

I. Executive Summary

    This rulemaking amends the duration of all Certificates of Aircraft 
Registration (certificates) issued under part 47 of Title 14 of the 
Code of Federal Regulations (14 CFR) from three years to seven years. 
Aircraft owners will be required to confirm their registration 
information and renew their certificate every seven years, unless an 
event or circumstance necessitates a new registration being submitted 
prior to the expiration of the certificate. Accordingly, this rule adds 
a paragraph to Sec.  47.40 to require aircraft owners to submit new 
registration forms to update their certificates prior to the seven-year 
expiration date if the Administrator determines that their registration 
information is inaccurate. These amendments apply to initial and 
renewed certificates in accordance with Sec.  47.40(b) and (c).
    The FAA is also revising 14 CFR 47.31(c)(1) to remove the 
requirement that the FAA issue a letter extending the temporary 
authority for an aircraft to operate when a certificate of aircraft 
registration has not been issued or denied within 90 days after the 
date the application was signed.
    The FAA is also removing expired regulations pertaining to the re-
registration requirement detailed in Sec.  47.40(a) and references to 
re-registration in Sec. Sec.  47.15(i)(1) and 47.17(a)(7). The re-
registration regulations became obsolete January 1, 2014.

II. Direct Final Rule

    An agency typically uses direct final rulemaking when it 
anticipates the rule will be noncontroversial and the agency believes 
it will not receive any adverse comments, and thus finds that a notice 
of proposed rulemaking is unnecessary.\1\ The FAA has determined that 
this rule is suitable for direct final rulemaking. This rule alleviates 
burdens from owners of all aircraft registered in the United States by 
extending the period of registration from three years to seven years. 
It also alleviates burdens for owners of aircraft registered in the 
United States by removing the requirement that the FAA issue a letter 
extending the validity of aircraft registration. This rule also amends 
certain part 47 regulations related to agency practice and procedure, 
and removes requirements that have expired. The FAA has determined that 
this rule is suitable for direct final rulemaking as these changes are 
noncontroversial and the FAA does not anticipate receiving adverse 
comments.
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    \1\ 14 CFR 11.15; General Rulemaking Procedures final rule, 65 
FR 50849 at 50855-56 (Aug. 21, 2000).
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    The FAA acknowledges that Section 556 of Public Law 115-254 
specifically contemplates issuance of a notice of proposed rulemaking 
(NPRM); however, this direct final rule meets the intent of Section 556 
because the agency is providing notice and seeking comment prior to 
effectuating changes to the regulation.\2\ Further, if the agency 
receives any substantive adverse comments, it would treat this rule as 
an NPRM or revise this rule prior to issuance of another direct final 
rule.
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    \2\ See Adoption of Recommendations, 60 FR 43109, 43110-43111 
(Aug. 18, 1995) (describing Administrative Conference of the United 
States, Recommendation 95-4, Procedures for Noncontroversial and 
Expedited Rulemaking).
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    For purposes of this direct final rule, an adverse comment is one 
that explains (1) why the rule is inappropriate, including challenges 
to the rule's underlying premise or approach; or (2) why the direct 
final rule will be ineffective or unacceptable without a change.\3\ In 
determining whether an adverse comment necessitates withdrawal of this 
direct final rule, the

[[Page 71212]]

FAA will consider whether the comment raises an issue serious enough to 
warrant a substantive response had it been submitted in response to 
publication of an NPRM. A comment recommending additional provisions to 
the rule will not be considered adverse unless the comment explains how 
this direct final rule would be ineffective without the added 
provisions.\4\
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    \3\ 14 CFR 11.31(a).
    \4\ 14 CFR 11.31(a)(1).
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    Under the direct final rule process, the FAA does not consider a 
comment to be adverse if that comment recommends an amendment to a 
different regulation beyond the regulation(s) in the direct final rule 
at issue. The FAA also does not consider a frivolous or insubstantial 
comment to be adverse.\5\
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    \5\ 14 CFR 11.31(a)(1) and (2).
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    If the FAA receives an adverse comment during the comment period, 
the FAA will advise the public by publishing a document in the Federal 
Register before the effective date of the direct final rule. This 
document may withdraw the direct final rule in whole or in part. If the 
FAA withdraws a direct final rule because of an adverse comment, the 
FAA may incorporate the commenter's recommendation into another direct 
final rule or may publish a notice of proposed rulemaking.\6\
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    \6\ 14 CFR 11.31(c).
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    If the FAA receives no adverse comments, the FAA will publish a 
confirmation notice in the Federal Register, generally within 15 days 
after the comment period closes. The confirmation notice announces the 
effective date of the rule.\7\
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    \7\ 14 CFR 11.31(b).
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III. 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.). Section 106 of 49 
U.S.C. describes the authority of the FAA Administrator. Subtitle VII 
of 49 U.S.C., Aviation Programs, describes in more detail the scope of 
the agency's authority. This rule is also promulgated pursuant to 49 
U.S.C. 44101-44106 and 44110-44113, which require aircraft to be 
registered as a condition of operation and establish the requirements 
for registration and registration processes. The Registry is 
responsible for the registration and recordation of civil aircraft.
    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; and 49 U.S.C. 44701(a)(5), which 
requires the Administrator to promote safe flight of civil aircraft in 
air commerce by prescribing regulations and setting minimum standards 
for other practices, methods, and procedures necessary for safety in 
air commerce and national security.
    This rule is also promulgated under the specific authority 
established in Sec. 556 of the FAA Reauthorization Act of 2018, Public 
Law 115-254, in which Congress required the FAA to initiate rulemaking 
to increase the duration of aircraft registrations for noncommercial 
general aviation aircraft to seven years and in which Congress gave the 
FAA the ability to require resubmission of aircraft registration 
applications that contain inaccurate information.

IV. Discussion of the Direct Final Rule

A. Background and Purpose of Regulatory Action

    The Civil Aviation Registry, FAA Aircraft Registration Branch 
(Registry) is responsible for developing, maintaining, and operating 
the federal registration and recordation system for United States civil 
aircraft.
    On July 20, 2010, the FAA published the Re-Registration and Renewal 
of Aircraft Registration final rule (Re-Registration Rule),\8\ which 
became effective October 1, 2010. The Re-Registration Rule established 
the current three-year duration for aircraft registrations. Prior to 
the Re-Registration Rule, aircraft registrations were of indefinite 
duration, which made it difficult for the FAA to maintain accurate 
aircraft registration information. While there was a requirement for 
aircraft owners to keep their registration up-to-date, the FAA found 
that many aircraft owners failed to update their registration 
information. Adopting the three-year duration for certificates created 
a regular process for aircraft owners to update their registration 
information. As explained in the Re-Registration Rule, the three-year 
duration for certificates was found at the time to provide the best 
balance between cost and improved accuracy of registration information.
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    \8\ 75 FR 41968.
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    The first phase of the Re-Registration Rule required each aircraft 
owner to re-register the aircraft within the specified six-month time 
period. The second phase of the Re-Registration Rule is the current 
renewal process. Each aircraft owner must submit a complete Renewal 
Form prior to the expiration of the current certificate to maintain 
registration. An aircraft registration not renewed prior to the 
expiration of its current certificate is subject to cancellation. The 
Re-Registration Rule responded to the concerns of law enforcement and 
other government agencies related to accurate, up-to-date aircraft 
registration information without placing an undue burden on aircraft 
owners.
    Section 556 of the FAA Reauthorization Act of 2018 \9\ mandated the 
FAA initiate rulemaking to increase the duration of aircraft 
registrations for noncommercial general aviation aircraft to 7 years. 
However, as discussed in the analysis that follows, the FAA cannot 
distinguish between commercial and noncommercial general aviation 
aircraft, as that determination is dependent upon the operations being 
conducted by general aviation aircraft. Consequently, it is 
impracticable to have different durations for commercial and 
noncommercial general aviation aircraft registrations. Therefore, the 
FAA is extending the registration duration for all aircraft to 7 years.
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    \9\ Public Law 115-254.
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B. Implementation of Section 556 of the FAA Reauthorization Act of 2018

    This action implements Section 556. Currently, an initial 
registration expires three years after the last day of the month it is 
issued.\10\ A renewal certificate currently expires three years from 
the expiration of the previous certificate.\11\
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    \10\ The term ``initial registration'' refers to the certificate 
issued in accordance with 14 CFR 47.31.
    \11\ The term ``renewal'' refers to the periodic registration 
renewal required for any aircraft that has a certificate with an 
expiration.
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    The FAA is amending the certificate duration period to seven years 
for all aircraft. The FAA does not possess a list of noncommercial 
general aviation aircraft. Moreover, an aircraft may operate as 
noncommercial general aviation on one flight and commercial aviation on 
another flight. Therefore, this rulemaking benefits all aircraft owners 
by lessening the burden and cost of renewing aircraft registration and 
aligning all aircraft registrations with the requirement set forth by 
Congress. Additionally, as discussed further in the regulatory 
evaluation section, the FAA determined that extending registration for 
only noncommercial general aviation aircraft would not be cost 
beneficial because there are no quantifiable or monetized benefits of 
not also extending the duration of certificates of commercial aircraft.
    Therefore, the FAA revises Sec.  47.40(b) and (c) to increase the 
duration of aircraft registration to seven years. The initial 
registration certificate will expire seven years after the last day of 
the month in which it is issued. The

[[Page 71213]]

renewal will expire seven years after the last day of the month in 
which it is issued. This amendment will apply to all new Certificates 
of Aircraft Registration issued after the effective date of this rule 
and Certificates of Aircraft Registration valid on the date this rule 
becomes effective. The duration of new registrations issued after the 
effective date of this direct final rule will be seven years from the 
date of registration; valid registrations in effect on the date of this 
direct final rule will be extended such that the total term of 
registration will be seven years from the date of issuance of the 
currently valid renewal, notwithstanding the expiration date on the 
Certificate of Aircraft Registration. See Table 1.

 Table 1--Expiration Dates for Certificates of Aircraft Registration in
          Effect on the Effective Date of the Direct Final Rule
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If the certificate  was issued in--
                                        The certificate  expires in--
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2019                                 2026
2020                                 2027
2021                                 2028
2022                                 2029
2023                                 2030
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    Additionally, the FAA is updating Sec.  47.40 to include paragraph 
(c), which allows the Administrator to require an aircraft owner to 
submit a registration form and fee to update a registration at any time 
prior to the expiration date of the certificate if the information 
provided to the Registry is found to be inaccurate. This requirement is 
consistent with section 556(b) of the FAA Reauthorization Act of 2018, 
which requires the FAA to consider any events or circumstances that may 
necessitate renewal before the registration expiration.
    The Registry has previously encountered instances where the FAA has 
determined that Certificates of Aircraft Registration contain 
inaccurate information. However, because part 47 does not currently 
contain a provision allowing the FAA to require a new registration or 
early renewal, the FAA has had difficulty correcting the inaccurate 
information. Due to the extension in duration of registration 
certificate, the FAA also anticipates that registration information may 
need to be updated more frequently, as supported by Congress's 
inclusion of the requirement in section 556(b). This amendment enables 
timely provision of accurate aircraft registration information.

C. Other Part 47 Amendments

    The FAA is making several other amendments to 14 CFR part 47. 
First, the FAA is revising 14 CFR 47.31(c)(1) by removing the time 
limit within which the FAA must either issue a letter extending the 
temporary authority to continue to operate or deny the application. 
Section 47.31(c)(2) provides a 12-month overall limit on such temporary 
authority. Therefore, the FAA finds the requirement to issue this 
separate letter unnecessary and is removing this requirement.
    Second, the FAA is removing references to the Re-Registration 
program, which expired on January 1, 2014. This will include removing 
Sec.  47.40(a) and revising Sec.  47.17(a)(7) to delete the word ``re-
registration.'' The Re-Registration Rule was intended to clean up 
aircraft records and issue certificates with a three-year expiration 
date. Registered owners desiring to continue registration were required 
to re-register their aircraft within the established schedule. The Re-
Registration process ended December 31, 2013.
    Third, the FAA also makes corresponding and technical revisions to 
Sec.  47.61(c).

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade 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) 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). This portion of the preamble provides the FAA's regulatory 
evaluation of the economic impacts of this NPRM.
    In conducting these analyses, the FAA has determined that this 
rule: (1) would result in net cost savings; (2) will impose no new 
costs to aircraft owners and the public without any reduction to 
airline safety; (3) is not an economically ``significant regulatory 
action'' under section 3(f) of Executive Order 12866; (4) will not have 
a substantial economic impact on a significant number of small 
entities; (5) will not create unnecessary obstacles to the foreign 
commerce of the United States; and (6) will not impose an unfunded 
mandate on State, local, or tribal governments, or on the private 
sector by exceeding the threshold identified above.

A. Regulatory Evaluation

1. Need for Regulatory Action
    Section 556 of the FAA Reauthorization Act of 2018 directed the FAA 
to increase the duration of a certificate for noncommercial general 
aviation aircraft from three years to seven years. However, the FAA 
promulgates this rulemaking to modify the duration of a certificate for 
all registered aircraft, including commercial aircraft, instead of only 
noncommercial general aviation aircraft. Distinguishing commercial 
aircraft from noncommercial aircraft within the Registry is impractical 
and, therefore, not cost-justified. Additionally, the FAA did not 
identify quantifiable or monetized benefits of not extending the 
duration of certificates of commercial aircraft.
    While the rule will reduce revenues to the FAA, it will provide 
private benefits in terms of cost savings to commercial and 
noncommercial general aviation aircraft owners.
2. Regulatory Alternatives
    The FAA considered the following regulatory alternative for this 
rulemaking:
Extend the Duration of a Certificate to 7 Years for Only Noncommercial 
Aircraft
    The FAA was directed to provide relief to noncommercial general 
aviation aircraft owners by extending the current three-year duration 
of a certificate to a seven-year duration. However, after reviewing all 
the potential costs to multiple FAA programs in identifying the 
commercial aircraft within the Registry and separating them from 
noncommercial general aviation aircraft, the FAA did not find the 
congressionally mandated alternative as cost beneficial as there are no

[[Page 71214]]

quantifiable or monetized benefits of not extending the duration of 
certificates of commercial aircraft.
3. Baseline Conditions
    The Registry collects the information necessary to establish and 
maintain the record for all United States civil aircraft. The aircraft 
record consists of three distinct elements: information about the 
registered owner of the aircraft, information about recorded aircraft 
security interests, and information concerning the airworthiness of the 
aircraft. In addition to the aircraft record, the Registry maintains 
certain ancillary files that contain related information maintained in 
support of registration and recordation.
    The aircraft registration application requires information on the 
aircraft, including the registration number, manufacturer and model, 
and serial number. The aircraft record collected by the application 
does contain certain elements of personally identifiable information 
(PII), although generally, the PII collected is not sensitive in 
nature. PII collected includes registered owner name(s), aircraft 
identifiers, mailing address, email address,\12\ and telephone numbers. 
The Registry does not ask the registered owners the nature or purpose 
of the aircraft operations, such as whether the aircraft will be used 
for commercial operations, noncommercial operations (e.g., recreational 
or hobby), or a combination of both.
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    \12\ Email addresses will be collected on the next revision to 
the Application and Renewal Forms.
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    After a six-year rulemaking effort, the Re-Registration and Renewal 
program was implemented on October 1, 2010. The goal of the program was 
to develop a process that would achieve a level of registration data 
reliability to meet the current and evolving needs of users of the 
Registry. With the implementation of 14 CFR 47.40, aircraft owners who 
intended to maintain their registration were required to re-register 
their aircraft by December 31, 2013. Beginning October 1, 2010, all 
certificates issued expire 3 years from the date of issuance, but were 
renewable for successive three-year terms if there was no change in the 
ownership status of the aircraft.
    Since re-registration ended on December 31, 2013, two three-year 
renewal cycles have taken place. The most current Aircraft Registration 
Information Collection Request (ICR 2120-0042), which expires on March 
31, 2024, provides details of Registry records, including the annual 
numbers for ``Applications'' (74,443), ``Renewal Form (paper)'' 
(20,053), and ``Renewal Form (electronic)'' (55,919), along with forms 
that provide evidence of ownership, security agreement and flight hours 
report, such as AC Forms 8050-2, 8050-4, 8050-88, 8050-88A, 8050-98, 
and 8050-117.
    The supporting statement for ICR 2120-0042 shows 75,972 renewals 
annually, including 55,919 electronic renewals and 20,053 paper 
renewals, based on workload statistics from FY 2019.\13\ A total of 
235,304 aircraft had their registration renewed during the last three 
fiscal years, including 75,972 in FY 2019, 83,711 in FY 2020, and 
75,621 in FY 2021. Based on these three fiscal years' registration 
figures, the FAA estimates approximately 78,435 (=235,304/3) aircraft 
registration renewals each year. This estimate includes all aircraft, 
commercial and noncommercial.
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    \13\ https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202005-2120-001.
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4. Key Assumptions, Data Sources and Uncertainties
    The FAA used the following assumptions and data sources:
a. Aircraft Registry, ICR 2120-0042, FAA Forecast of General Aviation 
Aircraft (2021-2041)
    The FAA based its analysis of the rule primarily on data stored in 
the Aircraft Registration Database (`Registry Database') and ICR 2120-
0042.\14\
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    \14\ General information about FAA's Aircraft Registry can be 
found here: https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/.
    Information Collection 2120-0042 documentation is last accessed 
February 4, 2020 on the following web page of Office of Information 
and Regulatory Affairs (OIRA) at the Office of Management and Budget 
(OMB): https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2120-0042.
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b. Period of Analysis
    The FAA used a 21-year period of analysis, or three seven-year 
renewal cycles, to show the full impacts of the rule starting from the 
effective date of this rule.\15\
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    \15\ 21-year period of analysis should not be construed as if it 
will take the entire period of 21 years for the rule to take effect 
on affected aircraft and their owners. The rule will take effect as 
of the date shown above in the preamble and will immediately extend 
the 3-year length of existing aircraft registrations to 7-year.
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c. Affected Aircraft
    As discussed and explained in the Baseline Conditions above, the 
FAA estimated that approximately 78,435 aircraft registrations would be 
renewed each year using the FY 2019 through FY 2021 statistics on 
renewals using both electronic and paper versions of the Renewal Forms.
    The FAA Aerospace Forecasts provide detailed forecast for the next 
twenty years (2021-2041) for all classes of aircraft. General Aviation 
aircraft make up the majority of aircraft that will be affected by the 
rule. For 2020, the FAA estimated there are 204,980 General Aviation 
aircraft, a total that is forecasted to increase slightly to 208,790 at 
the end of the forecast period in 2041.\16\ Other categories of 
aircraft that need to register with the Aircraft Registry are passenger 
jets, cargo jets, and regional carriers. When all these aircraft are 
included, the FAA estimated 211,248 aircraft (General Aviation, 
Passenger Jets, Cargo Jets and Regional Carriers, all combined) for 
2020. The FAA forecasted a total of 211,606 aircraft for this group of 
aircraft. The forecast figure is virtually unchanged from the current 
inventory of aircraft. Therefore, we assumed that the growth rate for 
the Aircraft Registry throughout the 21-year period of analysis would 
be zero, meaning the total number of aircraft in the Aircraft Registry 
would be unchanged.\17\
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    \16\ Appendix C: Forecast Tables provide the details of each 
class of aircraft including General Aviation, Passenger Jets, Cargo 
Jets and Regional Carriers https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/Appendix_C_Forecast_Tables.pdf.
    \17\ The FAA recognizes the potential of proposed unmanned air 
taxis and delivery drones that would need to be registered with the 
FAA's Registry. However, the number of these unmanned aircraft 
cannot be forecasted and included in this regulatory analysis.
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d. Uncertainties
    The 2010 registry database showed a total number of 360,055 
registered aircraft. As of December 31, 2020, the total number of 
registered aircraft was 286,989, a decrease of 73,066 aircraft that 
were de-registered in ten years, which included three 3-year renewal 
cycles. This significant drop of 20 percent is mainly attributed to the 
Re-Registration Rule that began in October 2010.\18\
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    \18\ The Re-Registration Rule gave the FAA the ability to remove 
aircraft from the FAA's registry database that no longer met 
registry requirements.
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    The total number of aircraft captured in the Aircraft Registry may 
continue to decline based on the current trends the FAA has observed. 
However, the FAA cannot determine or predict with any certainty how 
many aircraft will be de-registered in the coming renewal cycles. 
Therefore, we used the average of registration data from the last three 
fiscal years (FY 19 through FY 21) for the current total inventory of 
registered aircraft: 235,304.

[[Page 71215]]

5. Cost Savings
    The FAA is changing the duration of an aircraft registration 
certificate from the current three-year cycle to a seven-year cycle. 
This change would result in cost savings to aircraft owners. The FAA 
did not identify or assess any other impacts for this rule.
    Using the baseline total number of 235,304 aircraft that renewed 
their registration over the last three-year cycle, the FAA calculated 
an annual average of 78,435 aircraft owners to renew their aircraft's 
registration by using either electronic or paper Renewal Form.\19\
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    \19\ The FAA recognizes that with the current registration and 
renewal cycle being three years, the bulk of renewals will occur 
during the first three years of the first seven-year cycle. Renewals 
in years 4 through 7 are likely to be significantly less for a few 
cycles. Renewals for years 4 through 7 will result from registering 
expired aircraft, registering new aircraft, and changes in ownership 
that result in a new registration. However, for the sake of 
simplicity of our cost estimation, we assumed that average annual 
renewals to stabilize around that annual average figure (78,435) in 
the second and third seven-year renewal cycles, albeit this assumed 
annual average is likely to be reached in the third seven-year 
cycle.
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    The supporting statement for ICR 2120-0042 from March 26, 2021, 
estimated 30 minutes (0.5 hours) to fill out the Renewal Form (either 
electronic or paper).
    The FAA calculates an average of 39,217.5 annual burden hours (.5 
hours x 78,435 renewals) for aircraft owners or their representatives 
to renew their aircraft registrations. Using a $25 per hour wage for a 
title search clerk/legal assistant, as published in the latest ICR 
2120-0042 Supporting Statement, the FAA estimates the baseline current 
annual burden for aircraft owners would be $1,372,613 [($5 application 
fee + $12.5 labor cost \20\) x 78,435 renewals], with $980,433 
representing baseline opportunity costs associated with registration 
time and $392,175 representing baseline fees collected, which are 
considered baseline transfer payments from the private sector to 
government.
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    \20\ $25 per hour wage rate multiplied by 30 minutes, or 0.5 
hour, is $12.50 as labor cost of renewing an aircraft registration.
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    With this rule changing the duration of each certificate to seven 
years and the current inventory of aircraft in the Registry remaining 
the same at 235,304 throughout the 21-year period of analysis, the FAA 
estimates the average annual renewal applications to decrease to 33,615 
(=thnsp;235,304/7). Using the same assumptions for application fee and 
wage rate, the annual burden for aircraft owners would be $588,262 [($5 
application fee + $12.5 labor cost) x 33,615], with $ 420,187 
representing the new opportunity cost associated with registration and 
$168,075 representing the new fees (or transfers) paid under this rule. 
This will result in annual private cost savings of $784,344 
(undiscounted) to the aircraft owners.
    The social cost savings attributable to this rule would be the 
difference in opportunity cost associated with time spent on 
registration. Note that the differences in total registration fees paid 
and collected are considered transfers with no net change in social 
costs or benefits. Based on the calculations as discussed earlier, the 
annual undiscounted cost savings of this rule would be equal to 
$560,246 ($980,433-$420,188). Over a 21-year period of analysis, the 
FAA estimates that the total undiscounted cost savings of this rule 
would be $11,765,162. At 7 percent and 3 percent discount rates, the 
net present value of those cost savings would be $6,070,559 and 
$8,636,203, respectively. Annualized cost savings would be $523,594 and 
$543,928 at 7 percent and 3 percent discount rates, respectively.
6. Costs
    The FAA did not identify any incremental costs or burden to the 
235,304 aircraft owners that would be affected by this rule. The FAA 
determined that there would be neither a reduction in public safety nor 
an increase in costs to the public.
7. Distributional Effects
    As discussed previously, with the increase in the duration of 
aircraft registration from 3 to 7 years, there would be a decrease in 
registration fees paid by aircraft owners, which would reduce FAA's 
revenues. Over a 21-year period, this amount is $4,706,065 
(undiscounted), and its net present value is $209,438 and $217,571 (at 
7 percent and 3 percent discount rates, respectively).

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration. The RFA covers a wide range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination.
    The FAA expects the economic impact of this rule on a small entity 
will be small. The rule will provide relief to small entity aircraft 
owners in terms of a small reduction in labor costs and registration 
fees per aircraft due to a longer duration for the certificate they 
hold for their aircraft from the current 3-year to the 7-year 
expiration of an aircraft registration certificate. Therefore, the FAA 
has determined this rule will not impose a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), 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 these Acts, 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 rule and 
determined that it ensures the safety of the American public and does 
not exclude imports that meet this objective. As a result, this rule is 
not considered as creating an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4)

[[Page 71216]]

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 $164 million in lieu of $100 million. This 
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. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    OMB Control Number 2120-0042 is revised to reflect the reduced 
number of respondents, annual burden hours, and monetized costs and has 
been submitted to OMB for review.
    Summary: The FAA amends 14 CFR part 47, Sec.  47.40, requiring 
aircraft registration be renewed seven years after the issuance of the 
certificate and every seven years thereafter, as long as ownership is 
not transferred or the registration has been canceled. Information from 
the Renewal Form is used to update registration information in the 
Registry's database.
    Use: This information collection supports the Department of 
Transportation's strategic goals on safety and security. The 
information collected is necessary to obtain a certificate.
    49 U.S.C. 44101(a) provides that a person may operate an aircraft 
only when it is registered under section 44013.
    Prior to adoption of this direct final rule, the certificate has a 
3-year expiration date. If registration is to continue, each aircraft 
owner must apply for renewal by completing and submitting a Renewal 
Form with appropriate fee prior to the expiration date on the 
certificate. The owner verifies the existing registration information 
and reports any changes. The Registry uses this information to update 
aircraft ownership information and places the form in the record. This 
rule reduces the current requirement for renewal from once every three 
years to once every seven years. This rule reduces the information 
collected to support the Registry's database.
    Respondents: The likely respondents to this information requirement 
are aircraft owners who want to continue registration past the 
expiration date on their certificate. The FAA estimates the number of 
registration renewals would be 33,615 annually; however, the number of 
aircraft owners affected may vary depending upon the type of 
registration (e.g., individual, partnership, co-ownership, etc.). 
Currently, the average number of renewals is estimated at 78,435 
(dividing by 3, the frequency of years in which aircraft owners are 
required to renew registration the total number of renewals, 235,304 
(75,972 + 83,711 + 75,621) using FY19, FY20 and FY21 data.
    Frequency: The FAA estimates that there would be 33,615 
registration renewal forms completed annually over the 21-year period 
of analysis used for this rule. This is based on the current estimate 
of 235,304 active registered aircraft, calculated using the total 
number of registered aircraft from FY 2019 through FY 2021.
    Annual Burden Estimate: Over 21 years, the FAA estimates an average 
of 33,615 Renewal Forms (either electronic or paper) would need to be 
completed each year. The time to complete the Renewal Form is estimated 
at 30 minutes. Therefore, 16,808 hours would be spent annually 
completing the required form. Currently, the FAA estimates an average 
of 39,217 annual burden hours. As described in the preliminary 
Regulatory Evaluation, the FAA estimates the hourly rate of an aircraft 
owner's or its representative's (title search or legal clerk) time at 
$25 per hour in 2020 dollars. The current average annual cost of 
completing 78,435 renewal forms, spending 39,217 hours, is 
approximately $980,433. On the other hand, the average cost per year to 
aircraft owners of renewing registration every 7 years would be 
$420,200 (16,808 hours multiplied by $25/hour). In addition, aircraft 
owners would pay a total of $168,075 to the FAA to register their 
aircraft ($5 fee multiplied by 33,615). The total annual burden to 
aircraft owners, including time to fill out the Renewal Form and $5 
registration fee, would be $588,275.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by December 22, 2022. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Office Building, Room 10202, 725 17th Street NW, 
Washington, DC 20053.

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 to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with this rule.
    Further, ICAO Standards set forth a model registration certificate. 
The FAA's certificate will exceed the standard in that model because 
the certificate will still include an expiration date.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 for regulations and involves no 
extraordinary circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. The FAA has determined that this 
action would not have a substantial direct effect on the

[[Page 71217]]

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, will not have federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The agency has determined that it will not be a 
``significant energy action'' under the executive order and will not be 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

C. Executive Order 13609, International 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. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action will have no 
effect on international regulatory cooperation.

VII. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The most 
helpful comments reference a specific portion of the rule, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking. Before acting on this rulemaking, 
the FAA will consider all comments it receives on or before the closing 
date for comments. The agency may change this rule in light of the 
comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this direct final rule contain commercial or financial information that 
is customarily treated as private, that you actually treat as private, 
and that is relevant or responsive to this direct final rule, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
The FAA will treat such marked submissions as confidential under the 
FOIA, and they will not be placed in the public docket of this direct 
final rule. Submissions containing CBI should be sent to the person in 
the FOR FURTHER INFORMATION CONTACT section of this document. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this direct final rule, all comments received, any 
confirmation document, and all background material may be viewed online 
at https://www.regulations.gov using the docket number listed above. A 
copy of this direct final rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found on the FAA's Regulations and Policies website at 
https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Interested persons must identify the docket or amendment number of this 
rulemaking.
    All documents the FAA considered in developing this rule, including 
economic analyses and technical reports, may be accessed in the 
electronic docket for this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the 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 on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 47

    Aircraft, Reporting, and recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the FAA amends chapter I of 
title 14, Code of Federal Regulations, as follows:

PART 47--AIRCRAFT REGISTRATION

0
1. The authority citation for part 47 is revised to read as follows:

    Authority:  4 U.S.T. 1830; Pub. L. 115-254, Pub. L. 108-297, 118 
Stat. 1095 (49 U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C. 
106(f), 106(g), 40113-40114, 44101-44108, 44110-44113, 44703-44704, 
44713, 45302, 46104, 46301.


Sec.  47.15  [Amended]

0
2. Amend Sec.  47.15 by removing paragraph (i)(1) and redesignating 
paragraphs (i)(2) through (i)(4) as paragraphs (i)(1) through (i)(3).

0
3. Amend Sec.  47.17 by revising paragraph (a) to read as follows.


Sec.  47.17  Fees.

    (a) The fees for applications under this part are as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Certificate of Aircraft Registration (each aircraft)........   $5.00
(2) Dealer's Aircraft Registration Certificate..................   10.00
(3) Additional Dealer's Aircraft Registration Certificate           2.00
 (issued to same dealer)........................................
(4) Special registration number (each number)...................   10.00
(5) To change, reassign, or reserve a registration number.......   10.00
(6) Replacement Certificate of Aircraft Registration............    2.00
(7) Renewal Certificate of Aircraft Registration................    5.00
------------------------------------------------------------------------

* * * * *

0
4. Amend Sec.  47.31 by revising paragraph (c)(1) to read as follows:


Sec.  47.31  Application.

* * * * *
    (c) * * *
    (1) This temporary authority is valid for operation within the 
United States until the date the applicant receives the Certificate of 
Aircraft Registration or until the date, the FAA denies the

[[Page 71218]]

application, or as provided by paragraph (c)(2) of this section.
* * * * *

0
5. Revise Sec.  47.40 to read as follows:


Sec.  47.40  Registration expiration and renewal.

    (a) Initial Registration. A Certificate of Aircraft Registration 
issued in accordance with Sec.  47.31 expires seven years after the 
last day of the month in which it is issued.
    (b) Renewal. Each holder of a Certificate of Aircraft Registration, 
AC Form 8050-3, containing an expiration date may apply for renewal of 
a Certificate of Aircraft Registration by submitting an Aircraft 
Registration Renewal Application, AC Form 8050-1B, and the fee required 
by Sec.  47.17 during the six months preceding the expiration date for 
the Certificate of Aircraft Registration.
    (1) A Certificate of Aircraft Registration issued under this 
paragraph after January 23, 2023 expires seven years after the last day 
of the month in which it was issued.
    (2) A Certificate of Aircraft Registration that is in effect on 
January 23, 2023 expires seven years after the last day of the month in 
which it is issued, notwithstanding the expiration date on the valid 
Certificate of Aircraft Registration.
    (c) Inaccurate Information. The Administrator may require the owner 
of a registered aircraft to submit a complete Aircraft Registration 
Application, AC Form 8050-1, and fee prior to the expiration date if 
the Administrator finds that the Certificate of Aircraft Registration 
contains inaccurate information.

0
6. Amend Sec.  47.61 by revising paragraph (c) to read as follows:


Sec.  47.61  Dealer's Aircraft Registration Certificates.

* * * * *
    (c) If a Dealer's Aircraft Registration Certificate for an aircraft 
registered under this subpart expires in accordance with Sec.  47.71, 
the aircraft owner must submit an application for aircraft registration 
in accordance with Sec.  47.31 or the assignment of registration number 
will be canceled in accordance with Sec.  47.15(i)(2).

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on or about November 16, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-25289 Filed 11-21-22; 8:45 am]
BILLING CODE 4910-13-P