Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges, 55959-55961 [2023-17598]

Download as PDF Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules (i) Provisions for Alternative Actions, Intervals, and Critical Design Configuration Control Limitations (CDCCLs) After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and CDCCLs are allowed unless they are approved as specified in the provisions of paragraph (f) of ANAC AD 2022–12–01. (j) Terminating Action for AD 2020–04–16 Accomplishing the actions required by this AD terminates the repetitive inspection requirements of paragraph (g) of AD 2020– 04–16, for the airplanes identified in paragraph (a)(2) of ANAC AD 2022–12–01 only. ddrumheller on DSK120RN23PROD with PROPOSALS1 (k) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (l) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (k)(2) of this AD, if any service information referenced in ANAC AD 2022–12–01 contains steps in the Accomplishment Instructions or figures that are labeled as RC, the instructions in RC steps, including subparagraphs under an RC step and any figures identified in an RC step, must be done to comply with this AD; any steps including substeps under those steps, that are not identified as RC are recommended. The instructions in steps, including substeps under those steps, not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions identified as RC require approval of an AMOC. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. VerDate Sep<11>2014 16:41 Aug 16, 2023 Jkt 259001 (l) Additional Information For more information about this AD, contact Joshua Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 216– 316–6418; email joshua.k.bragg@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2022–12–01, effective December 14, 2022. (ii) [Reserved] (3) For ANAC AD 2022–12–01, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230—Centro Empresarial Aquarius— Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email: pac@anac.gov.br; website: anac.gov.br/en/. You may find this ANAC AD on the ANAC website: sistemas.anac.gov.br/certificacao/DA/ DAE.asp. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on July 19, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–16898 Filed 8–16–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61 and 91 [Docket No. FAA–2023–1351; Notice No. 23– 09B] RIN 2120–AL61 Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 55959 Notice of proposed rulemaking (NPRM); extension of comment period. ACTION: This action extends the comment period for the notice of proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges. On June 23, 2023, the Federal Aviation Administration (FAA) published this proposed rule. The NPRM proposed to allow pilots conducting public aircraft operations (PAO) to credit their flight time towards FAA civil regulatory requirements. Additionally, the FAA proposed to amend the operating rules for experimental aircraft to permit certain flight training, testing, and checking in these aircraft without a letter of deviation authority (LODA). The FAA proposed to extend the same relief to certain flight training, testing, and checking in limited category, primary category, and experimental light sport aircraft. The FAA also proposed miscellaneous amendments related to recent flight experience, flight instructor privileges, flight training in certain aircraft holding special airworthiness certificates, and the related prohibitions on conducting these activities for compensation or hire. The FAA is extending the comment period for this NPRM to allow commenters additional time to analyze the proposed rule and prepare a response. DATES: The comment period for the NPRM published June 23, 2023 at 88 FR 41194 and scheduled to close on August 22, 2023, is extended until September 21, 2023. ADDRESSES: Send comments identified by docket number FAA–2023–1351 using any of the following methods: • Federal eRulemaking Portal: Go to 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. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for SUMMARY: E:\FR\FM\17AUP1.SGM 17AUP1 55960 Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 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: Jabari Raphael, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; (202) 267–1088; email Jabari.Raphael@ faa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary On June 23, 2023, the FAA published the NPRM Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges.1 As directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L. 115–254), the FAA proposed to allow pilots conducting public aircraft operations (PAO) under Title 49 of the United States Code (U.S.C.) 40102(a)(41) and 40125 to credit their flight time towards FAA civil regulatory requirements. While section 517 requires the FAA to issue regulations to allow the logging of flight time in aircraft used in PAO under direct operational control of forestry and fire protection agencies, the FAA proposed to more broadly consider all PAO for flight time. Moreover, the FAA proposed to expand the regulatory framework to allow pilots serving in PAO as second in command to log flight time, under certain circumstances. Enabling pilots to log second-incommand (SIC) time while operating a PAO encourages the use of a second pilot where one may not be required and increases overall safety in the National Airspace System (NAS). The FAA also proposed to clarify recent flight experience requirements and the authorized flight training activities under part 61. The FAA proposed to add § 61.57(e)(5) to codify an exception that, in certain circumstances, would enable a person receiving flight training to act as pilotin-command (PIC), even if that person does not meet the recent flight experience requirements for carrying passengers under § 61.57(a) or (b). Additionally, the FAA proposed to add ‘‘maintaining or improving skills for certificated pilots’’ to the list of flight instructor privileges found in §§ 61.193(a)(7) and 61.413(a)(6) to clarify that flight instructors are 1 88 FR 41194, corrected at 88 FR 44744. VerDate Sep<11>2014 16:41 Aug 16, 2023 Jkt 259001 authorized to conduct certain specialized and elective training. The proposed rule would also amend part 91 operating rules to clarify prohibited operations and create limited exceptions to the general prohibition on carriage of persons for compensation or hire for flight training, testing, and checking in aircraft holding certain special airworthiness certificates. Currently, part 91 regulations broadly prohibit a person from operating certain aircraft with special airworthiness certificates (i.e., limited category, experimental, or primary category aircraft) 2 carrying persons and property for compensation or hire. These part 91 regulations use broad terms that the FAA has defined either in regulation (i.e., operate, person) or through interpretation and guidance (i.e., compensation). The broad language in these regulations was the subject of recent litigation 3 that identified a discrepancy between the plain language of the regulation and the FAA’s longstanding application of the regulation to certain flight training activity. Therefore, the FAA initiated this rulemaking to remove the requirement for owners (and certain persons affiliated with owners) to obtain a LODA to accomplish flight training in their aircraft and to clarify the general prohibition on operating aircraft with certain special airworthiness certificates while carrying persons or property for compensation or hire. During the development of this NPRM, the President signed into law the James M. Inhofe National Defense Authorization Act for 2023 (2023 NDAA), which included a selfimplementing provision that amended the operating rules to permit certain flight training, testing, and checking in experimental aircraft without a letter of deviation authority (LODA). The FAA proposed to extend the same relief to certain flight training, testing, and checking in limited category, primary category, and experimental light sport aircraft. The FAA anticipates that the proposed changes will provide greater access to specialized training in aircraft with special airworthiness certificates. II. Extension of Comment Period Commenters were instructed to provide comments to the NPRM on or 2 Section 21.175(b) identifies special airworthiness certificates as primary, restricted, limited, light-sport, and provisional airworthiness certificates, special flight permits, and experimental certificates. 3 Warbird Adventures, Inc. v. Fed. Aviation Admin., Petition for Review from an Emergency Cease and Desist Order Issued by the Federal Aviation Administration on July 28, 2020, Doc. No. 1854466 (D.C. Cir. 2020). PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 before August 22, 2023 (i.e., sixty (60) days after publication of the NPRM). Subsequently, the FAA received a request from the Experimental Aircraft Association (EAA) to extend the comment period an additional sixty (60) days.4 EAA noted that the proposed rule was published during one of the busiest months of the year for many communities affected by this NPRM, EAA, and other industry stakeholders with the execution of and participation in EAA AirVenture Oshkosh. Additionally, EAA noted this proposed rule was published concurrently with a number of other notable FAA proposed rules that the industry and EAA community have a vested interest in and will be submitting comments on. Given the significant time commitments during the month of July, not only for EAA but also for industry stakeholders, as well as the FAA release of other important proposed rules during the same time frame, EAA requested a 60day extension to the NPRM comment period. The FAA grants the petitioner’s request for an extension of the comment period. The FAA recognizes the importance of the proposed rule and that an extension would help commenters craft complete and thoughtful responses. However, the FAA believes that an additional thirty (30) days provides sufficient opportunity to review the NPRM and provide comments. With this extension, the comment period will now close on September 21, 2023. This will provide the public with a total of ninety (90) days to conduct its review and submit comments to the docket. The FAA will not grant any additional requests to further extend the comment period for this rulemaking. III. Additional Information A. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The Agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically or commenters should send only one copy 4 FAA–2023–1351–0007. E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules of written comments if comments are filed in writing. 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 proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives. 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. Any commentary 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 notice of proposed rulemaking, all comments received, any final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this rulemaking 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 VerDate Sep<11>2014 16:41 Aug 16, 2023 Jkt 259001 document may also be downloaded from the Office of the Federal Register’s website at www.federalregister.gov and the Government Publishing Office’s website at www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at 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. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing this proposed rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. IV. Extension of Comment Period In accordance with § 11.47(c) of title 14, Code of Federal Regulations, the FAA has reviewed the petitions for extension of the comment period for this notice. The petitioners have shown a substantive interest in the proposed policy and good cause for the extension of the comment period. The FAA has determined that an extension of the comment period for an additional thirty (30) days to September 21, 2023 is consistent with the public interest, and that good cause exists for taking this action. Accordingly, the comment period for Notice No. 23–09 is extended until September 21, 2023. Issued under authority provided by 49 U.S.C. 106(f), 44701–44703, sec. 517 of Pub. L. 115–254, and sec. 5604 of Pub. L. 117–263 in Washington, DC. Brandon Roberts, Executive Director, Office of Rulemaking. [FR Doc. 2023–17598 Filed 8–16–23; 8:45 am] BILLING CODE 4910–13–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101 [WT Docket No. 20–443; GN Docket No. 22– 352; DA 23–671; FR ID 163388] Expanding Flexible Use of the 12.2– 12.7 GHz Band; Expanding Use of the 12.7–13.25 GHz Band for Mobile Broadband or Other Expanded Use Federal Communications Commission. ACTION: Proposed rule; denial of further extension of comment period. AGENCY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 55961 In this document, the Commission denies the request of the Satellite Industry Association (SIA), together with Eutelsat S.A., Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES Americom, Inc., Space Exploration Technologies Corp., and WorldVu Satellites Limited (collectively the Joint Requestors) for a further extension of the comment and reply comment deadlines for the Further Notice of Proposed Rulemaking (FNPRM) and Notice of Proposed Rulemaking (NRPM) that were published as proposed rules in the Federal Register. DATES: A request for extension of the FNPRM and NPRM comment and reply comment deadlines, filed on August 4, 2023, was denied on August 8, 2023. The deadlines for filing comments and reply comments (in response to the FNPRM and NPRM) continues to be August 9, 2023, and September 8, 2023, respectively, as published at 88 FR 43502 (July 10, 2023) and 88 FR 43938 (July 10, 2023). ADDRESSES: Federal Communications Commission, 45 L Street NE, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless Telecommunications Bureau, at simon.banyai@fcc.gov or (202) 418– 1443. SUMMARY: This is a summary of the Commission’s Order, WT Docket No. 20–443; GN Docket No. 22–352; DA 23–671, adopted and released on August 8, 2023. The full text of this document is available at https:// docs.fcc.gov/public/attachments/DA-23671A1.pdf. Text and Microsoft Word formats are also available (replace ‘‘.pdf’’ in the link with ‘‘.txt’’ or ‘‘.docx’’, respectively). Alternative formats are available for people with disabilities (braille, large print, electronic files, audio format), by sending an email to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). SUPPLEMENTARY INFORMATION: Synopsis 1. On May 19, 2023, the Commission released a Report and Order and Further Notice of Proposed Rulemaking (in WT Docket No. 20–443) and Notice of Proposed Rulemaking and Order (in GN Docket No. 22–352).1 In the Further 1 See Expanding Flexible Use of the 12.2–12.7 GHz Band; Expanding Use of the 12.7–13.25 GHz Band for Mobile Broadband or Other Expanded Use, WT Docket No. 20–443, GN Docket No. 22– 352, FCC 23–36, Report and Order and Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking and Order, 2023 WL 3686032 E:\FR\FM\17AUP1.SGM Continued 17AUP1

Agencies

[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55959-55961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17598]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 91

[Docket No. FAA-2023-1351; Notice No. 23-09B]
RIN 2120-AL61


Public Aircraft Logging of Flight Time, Training in Certain 
Aircraft Holding Special Airworthiness Certificates, and Flight 
Instructor Privileges

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

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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

SUMMARY: This action extends the comment period for the notice of 
proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time, 
Training in Certain Aircraft Holding Special Airworthiness 
Certificates, and Flight Instructor Privileges. On June 23, 2023, the 
Federal Aviation Administration (FAA) published this proposed rule. The 
NPRM proposed to allow pilots conducting public aircraft operations 
(PAO) to credit their flight time towards FAA civil regulatory 
requirements. Additionally, the FAA proposed to amend the operating 
rules for experimental aircraft to permit certain flight training, 
testing, and checking in these aircraft without a letter of deviation 
authority (LODA). The FAA proposed to extend the same relief to certain 
flight training, testing, and checking in limited category, primary 
category, and experimental light sport aircraft. The FAA also proposed 
miscellaneous amendments related to recent flight experience, flight 
instructor privileges, flight training in certain aircraft holding 
special airworthiness certificates, and the related prohibitions on 
conducting these activities for compensation or hire. The FAA is 
extending the comment period for this NPRM to allow commenters 
additional time to analyze the proposed rule and prepare a response.

DATES: The comment period for the NPRM published June 23, 2023 at 88 FR 
41194 and scheduled to close on August 22, 2023, is extended until 
September 21, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1351 
using any of the following methods:
     Federal eRulemaking Portal: Go to 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.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for

[[Page 55960]]

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: Jabari Raphael, General Aviation and 
Commercial Division, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; (202) 
267-1088; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    On June 23, 2023, the FAA published the NPRM Public Aircraft 
Logging of Flight Time, Training in Certain Aircraft Holding Special 
Airworthiness Certificates, and Flight Instructor Privileges.\1\ As 
directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L. 
115-254), the FAA proposed to allow pilots conducting public aircraft 
operations (PAO) under Title 49 of the United States Code (U.S.C.) 
40102(a)(41) and 40125 to credit their flight time towards FAA civil 
regulatory requirements. While section 517 requires the FAA to issue 
regulations to allow the logging of flight time in aircraft used in PAO 
under direct operational control of forestry and fire protection 
agencies, the FAA proposed to more broadly consider all PAO for flight 
time. Moreover, the FAA proposed to expand the regulatory framework to 
allow pilots serving in PAO as second in command to log flight time, 
under certain circumstances. Enabling pilots to log second-in-command 
(SIC) time while operating a PAO encourages the use of a second pilot 
where one may not be required and increases overall safety in the 
National Airspace System (NAS).
---------------------------------------------------------------------------

    \1\ 88 FR 41194, corrected at 88 FR 44744.
---------------------------------------------------------------------------

    The FAA also proposed to clarify recent flight experience 
requirements and the authorized flight training activities under part 
61. The FAA proposed to add Sec.  61.57(e)(5) to codify an exception 
that, in certain circumstances, would enable a person receiving flight 
training to act as pilot-in-command (PIC), even if that person does not 
meet the recent flight experience requirements for carrying passengers 
under Sec.  61.57(a) or (b). Additionally, the FAA proposed to add 
``maintaining or improving skills for certificated pilots'' to the list 
of flight instructor privileges found in Sec. Sec.  61.193(a)(7) and 
61.413(a)(6) to clarify that flight instructors are authorized to 
conduct certain specialized and elective training.
    The proposed rule would also amend part 91 operating rules to 
clarify prohibited operations and create limited exceptions to the 
general prohibition on carriage of persons for compensation or hire for 
flight training, testing, and checking in aircraft holding certain 
special airworthiness certificates. Currently, part 91 regulations 
broadly prohibit a person from operating certain aircraft with special 
airworthiness certificates (i.e., limited category, experimental, or 
primary category aircraft) \2\ carrying persons and property for 
compensation or hire. These part 91 regulations use broad terms that 
the FAA has defined either in regulation (i.e., operate, person) or 
through interpretation and guidance (i.e., compensation). The broad 
language in these regulations was the subject of recent litigation \3\ 
that identified a discrepancy between the plain language of the 
regulation and the FAA's longstanding application of the regulation to 
certain flight training activity. Therefore, the FAA initiated this 
rulemaking to remove the requirement for owners (and certain persons 
affiliated with owners) to obtain a LODA to accomplish flight training 
in their aircraft and to clarify the general prohibition on operating 
aircraft with certain special airworthiness certificates while carrying 
persons or property for compensation or hire.
---------------------------------------------------------------------------

    \2\ Section 21.175(b) identifies special airworthiness 
certificates as primary, restricted, limited, light-sport, and 
provisional airworthiness certificates, special flight permits, and 
experimental certificates.
    \3\ Warbird Adventures, Inc. v. Fed. Aviation Admin., Petition 
for Review from an Emergency Cease and Desist Order Issued by the 
Federal Aviation Administration on July 28, 2020, Doc. No. 1854466 
(D.C. Cir. 2020).
---------------------------------------------------------------------------

    During the development of this NPRM, the President signed into law 
the James M. Inhofe National Defense Authorization Act for 2023 (2023 
NDAA), which included a self-implementing provision that amended the 
operating rules to permit certain flight training, testing, and 
checking in experimental aircraft without a letter of deviation 
authority (LODA). The FAA proposed to extend the same relief to certain 
flight training, testing, and checking in limited category, primary 
category, and experimental light sport aircraft. The FAA anticipates 
that the proposed changes will provide greater access to specialized 
training in aircraft with special airworthiness certificates.

II. Extension of Comment Period

    Commenters were instructed to provide comments to the NPRM on or 
before August 22, 2023 (i.e., sixty (60) days after publication of the 
NPRM). Subsequently, the FAA received a request from the Experimental 
Aircraft Association (EAA) to extend the comment period an additional 
sixty (60) days.\4\ EAA noted that the proposed rule was published 
during one of the busiest months of the year for many communities 
affected by this NPRM, EAA, and other industry stakeholders with the 
execution of and participation in EAA AirVenture Oshkosh. Additionally, 
EAA noted this proposed rule was published concurrently with a number 
of other notable FAA proposed rules that the industry and EAA community 
have a vested interest in and will be submitting comments on. Given the 
significant time commitments during the month of July, not only for EAA 
but also for industry stakeholders, as well as the FAA release of other 
important proposed rules during the same time frame, EAA requested a 
60-day extension to the NPRM comment period.
---------------------------------------------------------------------------

    \4\ FAA-2023-1351-0007.
---------------------------------------------------------------------------

    The FAA grants the petitioner's request for an extension of the 
comment period. The FAA recognizes the importance of the proposed rule 
and that an extension would help commenters craft complete and 
thoughtful responses. However, the FAA believes that an additional 
thirty (30) days provides sufficient opportunity to review the NPRM and 
provide comments. With this extension, the comment period will now 
close on September 21, 2023. This will provide the public with a total 
of ninety (90) days to conduct its review and submit comments to the 
docket.
    The FAA will not grant any additional requests to further extend 
the comment period for this rulemaking.

III. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The Agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically or commenters should send only one copy

[[Page 55961]]

of written comments if comments are filed in writing.
    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 proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    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.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Any commentary 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 notice of proposed rulemaking, all comments 
received, any final rule, and all background material may be viewed 
online at www.regulations.gov using the docket number listed above. A 
copy of this rulemaking 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 www.federalregister.gov and the Government 
Publishing Office's website at www.govinfo.gov. A copy may also be 
found at the FAA's Regulations and Policies website at 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

IV. Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the petitions for extension of the 
comment period for this notice. The petitioners have shown a 
substantive interest in the proposed policy and good cause for the 
extension of the comment period. The FAA has determined that an 
extension of the comment period for an additional thirty (30) days to 
September 21, 2023 is consistent with the public interest, and that 
good cause exists for taking this action.
    Accordingly, the comment period for Notice No. 23-09 is extended 
until September 21, 2023.

    Issued under authority provided by 49 U.S.C. 106(f), 44701-
44703, sec. 517 of Pub. L. 115-254, and sec. 5604 of Pub. L. 117-263 
in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-17598 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P
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