[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