Notification of Policy for Implementation of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 for Flight Training, Checking, and Testing in Experimental Aircraft, 8223-8224 [2023-02600]
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Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA–2023–0290]
Notification of Policy for
Implementation of the James M. Inhofe
National Defense Authorization Act for
Fiscal Year 2023 for Flight Training,
Checking, and Testing in Experimental
Aircraft
Federal Aviation
Administration (FAA), Department of
Transportation.
ACTION: Notification of policy.
AGENCY:
This notification provides
information on flight training, checking,
and testing for compensation in aircraft
that hold experimental airworthiness
certificates in compliance with the
James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023
(the Act), which was signed by
President Joseph R. Biden on December
23, 2022. This notification provides
sample scenarios to illustrate when a
letter of deviation authority (LODA) is
required and scenarios when a LODA is
not required.
DATES: The policy described herein is
effective February 8, 2023.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
policy notification, contact Erin Cappel,
General Aviation and Commercial
Division, General Aviation Operations
Section, (202) 267–1100, or email 9AFS-800-Correspondence@faa.gov, 800
Independence Ave. SW, Washington,
DC 20591.
SUPPLEMENTARY INFORMATION: President
Joseph R. Biden signed the James M.
Inhofe National Defense Authorization
Act for Fiscal Year 2023 (the Act) (Pub.
L. 117–263) on December 23, 2022.
Section 5604 of the Act mandates selfenacting provisions related to flight
training, checking, and testing in
experimental aircraft. The Act states
that flight instructors, registered owners,
lessors, or lessees of an experimental
aircraft shall not be required to obtain
a letter of deviation authority (LODA) to
allow, conduct, or receive flight
training, checking, and testing in
experimental aircraft, if:
(1) The flight instructor is not
providing both the training and the
aircraft;
(2) No person advertises or broadly
offers the aircraft as available for flight
training, checking, or testing; and
(3) No person receives compensation
for the use of the aircraft for a specific
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:51 Feb 07, 2023
Jkt 259001
8223
flight during which flight training,
checking, or testing was received, other
than expenses for owning, operating,
and maintaining the aircraft.
The Act provides relief from the
§ 91.319(h) LODA requirement for
certain persons who wish to receive
training, checking, or testing in an
experimental aircraft. Likewise, the Act
supersedes the 2021 FAA Notification of
Policy requiring owners and flight
instructors in certain circumstances to
obtain a LODA through a streamlined
process.1 The Act does not enable
persons to broadly offer flight training
in these aircraft (e.g., advertising online
or by word of mouth). Likewise, the Act
limits the amount of compensation for
use of the aircraft for a particular flight
to only expenses for owning, operating,
and maintaining the aircraft related to
that training, checking, or testing flight.
The instructor providing the training
may receive compensation for their
services but may not provide the
aircraft. Persons who wish to broadly
offer flight training, testing, or checking
in experimental aircraft, or who seek
financial gain for provision of an aircraft
for those services, will still be required
to obtain a LODA (FAA Order 8900.1,
Volume 3, Chapter 11, Section 1).
fuel used during the flight, as well as
ongoing maintenance costs. Each coowner pays the same hourly rate as a
part of a co-ownership contract.
Members of the flying club do not
expect monetary gain or profit, but
rather the fee is in place to cover the
costs of owning, operating, and
maintaining the aircraft. This scenario is
permissible under the Act without a
LODA.
Scenario D: An owner of an
experimental aircraft starts a flying club
and advertises to gain flying club
members. This person charges a fee for
‘‘club membership,’’ and club members
are given a flight training flight or series
of flights in return. This fee yields a
profit for the owner in excess of the
compensation permissible under the
Act. This operation includes broadly
offered flight training, as well as an
operator offering both the aircraft and
the instructor. This operation is not
permissible under the Act and would
continue to require a LODA. Depending
on the circumstances, this operation
may also require some other kind of
authorization from the Administrator,
such as an air carrier or commercial
operator certificate, or a commercial air
tour letter of authorization.
Sample Scenarios
The FAA provides the following flight
training scenarios to provide greater
clarity on the impact of section 5604 of
the Act and the situations in which a
LODA is still required.
Scenario A: An experimental aircraft
owner wishes to hire a flight instructor
to receive flight training in the owner’s
own aircraft. The owner intends to pay
the flight instructor for the instruction.
This operation is permissible under the
Act without a LODA.
Scenario B: An experimental aircraft
owner seeks to provide flight training in
their aircraft to others. This owner (or a
person or entity action on their behalf)
is willing to allow almost anyone who
comes to receive flight training in the
owner’s aircraft, provided the person
receiving training pays a fee. The owner
advertises flight training on a website
and/or offers these training flights to
attendees at various air shows. This
operation is not permissible under the
Act and would continue to require a
LODA.
Scenario C: Four people co-own an
experimental aircraft as part of a flying
club. One of these people needs to get
a flight review in the aircraft, so that
person hires a flight instructor and pays
the instructor for the training, plus pays
a pre-arranged hourly rate that covers
Effect of Legislation on Streamlined
LODA Process
As noted in the July 2021 Federal
Register notification, the FAA has long
emphasized the importance of pilots
being trained and checked in the aircraft
they will operate. Specifically, the FAA
underscored that it is critical that pilots
understand and are familiar with the
particular systems, procedures,
operating characteristics, and
limitations of the aircraft they will
operate. This flight training is distinct
from a situation where an aircraft with
a special airworthiness certificate is
‘‘held out’’ broadly for training to
individuals who pay for both the flight
training and use of an aircraft that they
will not have further access to upon
completion of LODA training. It is also
distinct form the broadly offered basic
flight training that can be accomplished
effectively and safely in any standard
category aircraft.
In the July 2021 Federal Register
notification, the FAA established a
streamlined process that allowed
owners and flight instructors to apply
for a LODA through an expedited
process and accomplish certain flight
training in experimental aircraft.
Through this expedited process, the
FAA was able to promote flight training
for owners and those affiliated with the
owners of experimental aircraft without
overburdening the segment of the
1 86
PO 00000
FR 36493 (July 12, 2021).
Frm 00017
Fmt 4700
Sfmt 4700
E:\FR\FM\08FER1.SGM
08FER1
8224
Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Rules and Regulations
regulated community. The FAA
maintained the more rigorous LODA
process for flight training broadly
offered to the public. With the passage
of section 5604 of the Act, this
streamlined LODA process is no longer
necessary. The FAA will cease
processing LODAs through this process.
In addition, the FAA considers LODAs
issued under this process to be
terminated.2 Henceforth, the
requirements of section 5604 will
govern the flight training, checking, and
testing that can be accomplished in
experimental aircraft without a LODA.
Flight training, checking, and testing
that is broadly offered to the public, or
that does not conform to the stipulations
of the Act will continue to require a
LODA.
Issued in Washington, DC, on February 2,
2023.
Wesley L. Mooty,
Acting Executive Director, Flight Standards
Service.
[FR Doc. 2023–02600 Filed 2–3–23; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Parts 801 and 803
RIN 3084–AB46
Premerger Notification; Reporting and
Waiting Period Requirements
Federal Trade Commission.
Final rule; correction.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘Commission’’) published
a document in the Federal Register of
January 30, 2023, concerning the HartScott-Rodino (‘‘HSR’’) Premerger
Notification Rules (‘‘Rules’’). Pending
publication, Commission staff learned
the document did not include certain
explanatory language pursuant to the
Administrative Procedure Act. The
Commission is issuing this correction to
incorporate this language.
DATES: Effective February 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Jones, Assistant Director,
Premerger Notification Office, Bureau of
Competition, Federal Trade
Commission, 400 7th Street SW, Room
CC–5301, Washington, DC 20024, or by
telephone at (202) 326–3100, Email:
rjones@ftc.gov.
SUPPLEMENTARY INFORMATION: The
Commission is correcting its regulations
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
2 The FAA notes that section 5604 addressed only
experimental aircraft. The July 2021 policy
pertaining to exemption relief remains valid for
limited category and primary category aircraft.
VerDate Sep<11>2014
15:51 Feb 07, 2023
Jkt 259001
published in the final rule ‘‘Premerger
Notification; Reporting and Waiting
Period Requirements’’ on January 30,
2023.
In FR Rule Doc. No. 2023–01584,
appearing on page 5748 in the Federal
Register issue of Monday, January 30,
2023, the following correction is made:
1. In the SUPPLEMENTARY INFORMATION
section, on page 5749, in the third
column, add the following language
after the fourth paragraph of section V.
Administrative Procedure Act:
*
*
*
*
*
Separately, the Commission finds that
there is good cause under 5 U.S.C.
553(d)(3) for this final rule to become
effective on February 27, 2023. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This final rule
conforms with the new fee tiers and fees
enacted by Congress on December 29,
2022—more than 30 days ago. In
addition, the public interest is served by
having the effective date of this final
rule be the same as the effective date
announced in the notice of revised
jurisdictional thresholds published at 88
FR 5004, and thereby avoiding
confusion about the relevant effective
date.
*
*
*
*
*
Dated: February 2, 2023.
[FR Doc. 2023–02590 Filed 2–7–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0130]
RIN 1625–AA87
Security Zone; Atlantic Ocean;
Surfside Beach, South Carolina
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
for certain navigable waters of the
Atlantic Ocean near or in the vicinity of
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
This rule is effective without
actual notice from February 6, 2023,
through February 18, 2023. For the
purposes of enforcement, actual notice
will be used from February 4, 2023,
through February 6, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0130 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email the Sector Charleston Command
Center, U.S. Coast Guard, Telephone:
843–740–7050, email: d05-smb-d5cc@
uscg.mil and RCCMiami@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
April J. Tabor,
Secretary.
ACTION:
Surfside Beach, South Carolina. The
temporary security zone is needed to
protect the public, persons, vessels, and
the marine environment from potential
hazards created by physical objects in
the subject navigable waters. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Charleston, or designated
representative.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable
because immediate action is required,
and we lack sufficient time to collect
and address public comments before the
effective date of this rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8223-8224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02600]
[[Page 8223]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA-2023-0290]
Notification of Policy for Implementation of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 for Flight
Training, Checking, and Testing in Experimental Aircraft
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: Notification of policy.
-----------------------------------------------------------------------
SUMMARY: This notification provides information on flight training,
checking, and testing for compensation in aircraft that hold
experimental airworthiness certificates in compliance with the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 (the
Act), which was signed by President Joseph R. Biden on December 23,
2022. This notification provides sample scenarios to illustrate when a
letter of deviation authority (LODA) is required and scenarios when a
LODA is not required.
DATES: The policy described herein is effective February 8, 2023.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this policy notification, contact Erin Cappel, General Aviation and
Commercial Division, General Aviation Operations Section, (202) 267-
1100, or email [email protected], 800 Independence Ave.
SW, Washington, DC 20591.
SUPPLEMENTARY INFORMATION: President Joseph R. Biden signed the James
M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (the
Act) (Pub. L. 117-263) on December 23, 2022. Section 5604 of the Act
mandates self-enacting provisions related to flight training, checking,
and testing in experimental aircraft. The Act states that flight
instructors, registered owners, lessors, or lessees of an experimental
aircraft shall not be required to obtain a letter of deviation
authority (LODA) to allow, conduct, or receive flight training,
checking, and testing in experimental aircraft, if:
(1) The flight instructor is not providing both the training and
the aircraft;
(2) No person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
(3) No person receives compensation for the use of the aircraft for
a specific flight during which flight training, checking, or testing
was received, other than expenses for owning, operating, and
maintaining the aircraft.
The Act provides relief from the Sec. 91.319(h) LODA requirement
for certain persons who wish to receive training, checking, or testing
in an experimental aircraft. Likewise, the Act supersedes the 2021 FAA
Notification of Policy requiring owners and flight instructors in
certain circumstances to obtain a LODA through a streamlined
process.\1\ The Act does not enable persons to broadly offer flight
training in these aircraft (e.g., advertising online or by word of
mouth). Likewise, the Act limits the amount of compensation for use of
the aircraft for a particular flight to only expenses for owning,
operating, and maintaining the aircraft related to that training,
checking, or testing flight.
---------------------------------------------------------------------------
\1\ 86 FR 36493 (July 12, 2021).
---------------------------------------------------------------------------
The instructor providing the training may receive compensation for
their services but may not provide the aircraft. Persons who wish to
broadly offer flight training, testing, or checking in experimental
aircraft, or who seek financial gain for provision of an aircraft for
those services, will still be required to obtain a LODA (FAA Order
8900.1, Volume 3, Chapter 11, Section 1).
Sample Scenarios
The FAA provides the following flight training scenarios to provide
greater clarity on the impact of section 5604 of the Act and the
situations in which a LODA is still required.
Scenario A: An experimental aircraft owner wishes to hire a flight
instructor to receive flight training in the owner's own aircraft. The
owner intends to pay the flight instructor for the instruction. This
operation is permissible under the Act without a LODA.
Scenario B: An experimental aircraft owner seeks to provide flight
training in their aircraft to others. This owner (or a person or entity
action on their behalf) is willing to allow almost anyone who comes to
receive flight training in the owner's aircraft, provided the person
receiving training pays a fee. The owner advertises flight training on
a website and/or offers these training flights to attendees at various
air shows. This operation is not permissible under the Act and would
continue to require a LODA.
Scenario C: Four people co-own an experimental aircraft as part of
a flying club. One of these people needs to get a flight review in the
aircraft, so that person hires a flight instructor and pays the
instructor for the training, plus pays a pre-arranged hourly rate that
covers fuel used during the flight, as well as ongoing maintenance
costs. Each co-owner pays the same hourly rate as a part of a co-
ownership contract. Members of the flying club do not expect monetary
gain or profit, but rather the fee is in place to cover the costs of
owning, operating, and maintaining the aircraft. This scenario is
permissible under the Act without a LODA.
Scenario D: An owner of an experimental aircraft starts a flying
club and advertises to gain flying club members. This person charges a
fee for ``club membership,'' and club members are given a flight
training flight or series of flights in return. This fee yields a
profit for the owner in excess of the compensation permissible under
the Act. This operation includes broadly offered flight training, as
well as an operator offering both the aircraft and the instructor. This
operation is not permissible under the Act and would continue to
require a LODA. Depending on the circumstances, this operation may also
require some other kind of authorization from the Administrator, such
as an air carrier or commercial operator certificate, or a commercial
air tour letter of authorization.
Effect of Legislation on Streamlined LODA Process
As noted in the July 2021 Federal Register notification, the FAA
has long emphasized the importance of pilots being trained and checked
in the aircraft they will operate. Specifically, the FAA underscored
that it is critical that pilots understand and are familiar with the
particular systems, procedures, operating characteristics, and
limitations of the aircraft they will operate. This flight training is
distinct from a situation where an aircraft with a special
airworthiness certificate is ``held out'' broadly for training to
individuals who pay for both the flight training and use of an aircraft
that they will not have further access to upon completion of LODA
training. It is also distinct form the broadly offered basic flight
training that can be accomplished effectively and safely in any
standard category aircraft.
In the July 2021 Federal Register notification, the FAA established
a streamlined process that allowed owners and flight instructors to
apply for a LODA through an expedited process and accomplish certain
flight training in experimental aircraft. Through this expedited
process, the FAA was able to promote flight training for owners and
those affiliated with the owners of experimental aircraft without
overburdening the segment of the
[[Page 8224]]
regulated community. The FAA maintained the more rigorous LODA process
for flight training broadly offered to the public. With the passage of
section 5604 of the Act, this streamlined LODA process is no longer
necessary. The FAA will cease processing LODAs through this process. In
addition, the FAA considers LODAs issued under this process to be
terminated.\2\ Henceforth, the requirements of section 5604 will govern
the flight training, checking, and testing that can be accomplished in
experimental aircraft without a LODA. Flight training, checking, and
testing that is broadly offered to the public, or that does not conform
to the stipulations of the Act will continue to require a LODA.
---------------------------------------------------------------------------
\2\ The FAA notes that section 5604 addressed only experimental
aircraft. The July 2021 policy pertaining to exemption relief
remains valid for limited category and primary category aircraft.
Issued in Washington, DC, on February 2, 2023.
Wesley L. Mooty,
Acting Executive Director, Flight Standards Service.
[FR Doc. 2023-02600 Filed 2-3-23; 8:45 am]
BILLING CODE 4910-13-P
