Federal Register, Volume 60 Issue 191 (Tuesday, October 3, 1995)

[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51850-51851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24545]




[[Page 51849]]

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Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 61, et al.



Advanced Qualification Program; Final Rule

Federal Register / Vol. 60, No. 191 / Tuesday, October 3, 1995 / 
Rules and Regulations

[[Page 51850]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65, 108, 121, and 135

[Docket No. 25804, Amendment No. 61-98, 63-30, 65-39, 108-13, 121-250, 
135-57]
RIN 2120-AF00


Advanced Qualification Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA establishes a new termination date for Special Federal 
Aviation Regulation (SFAR) No. 58 (55 FR 40275; Oct. 2, 1990), which 
provides for the approval of an alternate method (known as ``Advanced 
Qualification Program'' or ``AQP'') for qualifying, training and 
certifying, and otherwise ensuring the competency of crewmembers, 
aircraft dispatchers, other operations personnel, instructors, and 
evaluators who are required to be trained or qualified under parts 121 
and 135 of the FAR. This action will establish a new termination date, 
of October 2, 2000, for SFAR 58 to allow time for the FAA to complete 
the rulemaking process that will incorporate SFAR 58 into the Federal 
Aviation Regulations (FAR).

EFFECTIVE DATE: September 27, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. John Allen, Advanced Qualification Program Branch (AFS-230), Air 
Transportation Division, Office of Flight Standards, Federal Aviation 
Administration, P.O. Box 20027, Dulles International Airport, 
Washington, D.C. 20041-2027; telephone (703) 661-0260.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 1995, the FAA issued a notice of proposed rulemaking 
proposing to extend the expiration date of SFAR 58 [60 FR 42764]. The 
comment period closed on September 5, 1995; two comments were received. 
The Air line Pilots Association and the Regional Airline Association 
both supported the extension of SFAR 58 until October 2, 2000. The 
amendment is adopted as proposed.

Good Cause Justification for Immediate Adoption

    The reasons which justified the original issuance of SFAR 58 still 
exist. Therefore, it is in the public interest to establish a new 
expiration date for SFAR 58 of October 2, 2000. If the FAA publishes a 
final rule incorporating SFAR 58 into the regulations before this 
expiration date, SFAR 58 will be rescinded concurrently. In the 
meantime, the continuation of SFAR 58 is necessary to permit continued 
training under this program and to avoid the confusion that would 
result if the program were discontinued.
    For this reason, and because as a voluntary program the AQP imposes 
no additional burden on any person, the FAA finds that the amendment 
should be made effective immediately upon issuance. However, interested 
persons are invited to submit such comments as they desire regarding 
this amendment. Comments should identify the docket number and be 
submitted in duplicate to the address above. All communications 
received on or before the close of the comment period will be 
considered by the Administrator, and this amendment may be changed in 
light of the comments received. All comments will be available, both 
before and after the closing date for comments in the Rules Docket.

Benefit/Cost Analysis

    AQP is not mandatory. Consequently, those operators who choose to 
participate in the program would do so only if it was in their best 
interest. Enough operators have found it in their best interest that 
AQP has become an important means for meeting the requirements for air 
carrier training programs. As of March 1995, 18 carriers and 2 
manufacturers have either applied to participate or are already 
participating in the program. AQP gives air carriers flexibility in 
meeting the safety goals of the training programs in parts 121 and 135 
without sacrificing any of the safety benefits derived from those 
programs. Thus, extending AQP for another 5 years would not impose any 
additional costs nor decrease the present level of safety. Because this 
extension--(1) is extending an existing program; (2) is voluntary; and 
(3) has become an important means for some operators to comply with the 
training requirements, the FAA finds that a full detailed regulatory 
evaluation is not necessary.

International Trade Impact Analysis

    The amendment would not constitute a barrier to international 
trade, including the export of American goods and services to foreign 
countries and the import of foreign goods and services into the United 
States. Since air carriers will not participate in AQP unless it was in 
their best interest, they likewise will not participate if it would 
impose a competitive disadvantage on them. Also, the concept of AQP is 
being embraced by foreign operators as well.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a rule will have ``significant 
economic impact on a substantial number of small entities.'' FAA Order 
2100.14A outlines the FAA's procedures and criteria for implementing 
the RFA. Since this action would extend what has become an important 
means for some air carriers to comply with training requirements, the 
extension will not impose costs above those that air carriers are 
already incurring, and certainly not above what they would incur from 
adopting a part 121 or part 135 training program. Thus, the rule if 
issued, will not impose a significant economic impact on a substantial 
number of small entities.

Federalism Implications

    The regulation amended herein would not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Thus, in 
accordance with Executive Order 12612, it is determined that this 
regulation does not have federalism implications warranting preparation 
of a Federalism Assessment.

Conclusion

    The FAA has determined that this document involves an amendment 
that imposes no additional burden on any person. Accordingly, it has 
been determined that the action does not involve a major rule under 
Executive Order 12291. Moreover, it is not significant under DOT 
Regulatory Policies and Procedures (44 FR 11304; February 26, 1979).

List of Subjects

14 CFR Part 61

    Air safety, Air transportation, Aviation safety, Safety.

14 CFR Part 63

    Air Safety, Air transportation, Airmen, Aviation safety, Safety, 
Transportation.

14 CFR Part 65

    Airman, Aviation safety, Air transportation, Aircraft.

[[Page 51851]]


14 CFR Part 108

    Airplane operator security, Aviation safety, Air transportation, 
Air carriers, Airlines, Security measures, Transportation, Weapons.

14 CFR Part 121

    Aircraft pilots, Airmen, Aviation safety, Pilots, Safety.

14 CFR Part 135

    Air carriers, Air transportation, Airmen, Aviation safety, Safety, 
Pilots.

The Amendment

    In consideration of the foregoing, SFAR 58 (14 CFR parts 65, 108, 
121, and 135) of the Federal Aviation Regulations is amended as 
follows:
    1. The authority citation for part 61 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    2. The authority citation for part 63 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g); 40108, 40113, 40114, 44701-44703, 
44707, 44709-44711, 45102-45103, 45301-45302.

    3. The authority citation for part 65 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    4. The authority citation for part 108 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g), 45103, 40113, 40119, 44701-44702, 
44705, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.

    5. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702, 
44704-44705.

    6. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-
44705, 44707-44717, 44722, 45303.

    7. In part 121, SFAR 58 is amended by revising paragraph 13 to read 
as follows:

Special Federal Aviation Regulation No. 58--Advanced Qualification 
Program

* * * * *
    13. Expiration. This Special Federal Aviation Regulation 
terminates on October 2, 2000, unless sooner terminated.

    Issued in Washington, DC on September 27, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-24545 Filed 9-28-95; 3:10 pm]
BILLING CODE 4910-13-M