[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2022-2023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-863]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 67, 141, and 142
[Docket No. FAA-1998-4518-1; Amendment Nos. 61-105, 67-18, 141-11, &
142-3]
RIN 2120-AG66
Licensing and Training of Pilots, Flight Instructors, and Ground
Instructors Outside the United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Disposition of comments on final rule.
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SUMMARY: This document is a summary and disposition of comments
received on a final rule published by the Federal Aviation
Administration (FAA) on October 5, 1998. That final rule removed
language from Title 14 of the Code of Federal Regulations that
restricted the licensing of foreign persons outside of the United
States and that restricted the operation of pilot schools and training
centers that are located outside of the United States.
ADDRESSES: The complete docket for the final rule titled ``Licensing
and Training of Pilots, Flight Instructors, and Ground Instructors
Outside the United States'' may be examined at the U.S. Department of
Transportation Dockets, Docket No. FAA-98-4518, 400 Seventh Street, SW,
Washington, DC 20591, in Room Plaza 401 between 10:00 a.m. and 5:00
p.m. weekdays except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Warren Robbins, Certification Branch
(AFS-840), General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-8196.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 1998, the FAA published a final rule titled
``Licensing and Training of Pilots, Flight Instructors, and Ground
Instructors Outside the United States'' (63 FR 53531). That final rule
removed language from the FAA regulations that restricted the licensing
of foreign pilots, flight instructors, and ground instructors outside
of the United States. In addition, that final rule removed language
from the FAA regulations that restricted the operation of pilot schools
and training centers located outside of the United States. The FAA
concluded that the restrictive language should be removed after it
determined that the administrative concerns for the restrictive
language were no longer applicable and after the restrictive language
was identified during harmonization efforts between the FAA and the
European Joint Aviation Authorities (JAA) as an obstruction to
harmonization. The FAA determined that a failure to remove the
restrictive language on licensing and training could be detrimental to
FAA pilot schools and training centers seeking to train students from
JAA member States. Further, the FAA removed the restrictive language as
part of a commitment to reducing restrictions that are not safety
driven.
This document addresses comments received on the above final rule.
Discussion of Comments
The FAA received three comments on the final rule title ``Licensing
and Training of Pilots, Flight Instructors, and Ground Instructors
Outside the United States'' (the final rule). The three comments were
from the Air Line Pilots Association (ALPA), Battle Creek Unlimited,
Inc. (BCU), and the International Brotherhood of Teamsters Airline
Division (IBT). ALPA and BCU support the final rule citing
harmonization with the JAA and free trade. IBT opposes the final rule
for the four reasons discussed below.
IBT Comment--First, IBT objects to the process by which the final
rule was adopted, stating that there seems to be insufficient reason
and a lack of urgency to issue the final rule without prior notice.
FAA Response--At the time of this rulemaking the FAA was facing the
imminent implementation of new JAA regulations for European countries
regarding flight crew licensing. The new JAA regulations included
language that would restrict pilot training in the United States and
would not permit the conversion of FAA pilot certificates to JAA pilot
licenses absent an arrangement (e.g. Bilateral Aviation Safety
Agreement (BASA)). As a result, U.S. pilot schools and training centers
that seek to continue to train foreign students from the JAA member
states, both inside and outside of the U.S., could face economic
losses. The JAA indicated that it might remove the restrictive language
in the JAA regulations if the FAA removed the restrictive language in
the FAA regulations. Accordingly, the FAA had to act expeditiously in
order to implement a rule that would encourage a more favorable
treatment of FAA pilot certificates and the training received at FAA
pilot schools and training centers. After a review of the restrictive
language in the FAA regulations, its original intent and purpose, the
FAA determined that the restrictive language was no longer needed and
its removal would have no unfavorable impact on U.S. pilots, pilot
schools, or training organizations. Therefore, the FAA adopted the
final rule without prior notice as it was determined to be unnecessary
and impracticable.
On February 26, 1999, in response to the final rule, the JAA issued
a Notice of Proposed Amendment (NPA) No. 10 that proposed, among other
things, to remove some of the restrictions on pilot training outside of
JAA member states. While the FAA cannot say whether NPA No. 10 will be
adopted, this is a positive sign and the FAA stands ready to work with
the JAA.
IBT Comment--Second, IBT raises concerns that the final rule
``appears not to ensure that in application the FAA would restrict the
licensing of foreign pilots to the organizations and countries
discussed.'' IBT is concerned that the FAA will lose its ability to
monitor and control the quality of training.
FAA Response--The final rule removes restrictive language
concerning the licensing of foreign persons outside of the United
States and the operation of U.S. pilot schools and training centers
located outside of the United States. IBT is correct that the removal
of the above restrictive language does not apply only to the licensing
of pilots and the operation of U.S. pilot schools and training centers
in JAA member states. The FAA may choose to allow the certification of
pilots or the operation of U.S. training organizations anywhere.
Regardless of the location, the certification of U.S. pilots, or
training organizations providing training to pilots outside of the
United States, requires approval from the FAA and oversight by the FAA
to ensure quality control of licensing and training.
[[Page 2023]]
IBT Comment--Third, IBT states that United States citizens
potentially are disadvantaged through the loss of employment resulting
from the operation of U.S. registered aircraft by foreign nationals
because the rule appears to enhance the ability of operators to hire,
train, and employ foreign flight deck crewmembers.
FAA Response--The final rule does not address interchange of
crewmembers or code sharing arrangements. As a result, the comment is
outside of the purview of the rule.
IBT Comment--Finally, IBT asserts that the FAA acted out of
economic and administrative considerations as opposed to correcting
perceived operational and safety problems.
FAA Response--The FAA agrees that the implementation of the final
rule removes an economic and administrative burden from non-U.S.
citizen certificate applicants and from pilot training organizations
outside of the United States. The FAA disagrees, however, that any
operational or safety problems were overlooked with the adoption of the
final rule. The restrictive language in the FAA regulations was placed
there because of administrative concerns of the FAA that are no longer
applicable. The restrictive language was not placed in the FAA
regulations to address safety concerns. It is the FAA's commitment to
reduce restrictions in our regulations that are not safety driven and
to further harmonize our regulations with our European neighbors. As a
result, the FAA adopted the final rule.
Conclusion
After consideration of the comments submitted in response to the
final rule, the FAA has determined that no further rulemaking action is
necessary. Amendment Numbers 61-105, 67-18, 141-11, and 142-3 remain in
effect as adopted.
Issued in Washington, DC, January 10, 2000.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 00-863 Filed 1-12-00; 8:45 am]
BILLING CODE 4910-13-M