[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Rules and Regulations]
[Pages 60334-60336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25632]



[[Page 60333]]

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

Part VII





Department of Transportation





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



Federal Aviation Administration



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



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



Advanced Qualification Program; Final Rule

  Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / 
Rules and Regulations  

[[Page 60334]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

[Docket No. FAA-2000-7497; Amendment No. 61-107, 63-30, 65-41, 108-18, 
121-280 and 135-78]
RIN 2120-AH01


Advanced Qualification Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is establishing a new termination date for Special 
Federal Aviation Regulation (SFAR) No. 58 (55 FR 40275; October 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 14 CFR 
parts 121 and 135. This action will establish a new termination date, 
October 2, 2005, for SFAR 58 to allow time for the FAA to complete the 
rulemaking process that will incorporate SFAR 58 into the Federal 
Aviation Regulations.

DATES: Effective October 2, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas M. Longridge, Advanced 
Qualification Program Branch, AFS-230, Air Transportation Division, 
Flight Standards Service, Federal Aviation Administration, P.O. Box 
20027, Dulles International Airport, Washington, DC 20041-2027; 
telephone (703) 661-0260.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the FedWorld electronic bulletin board service (telephone: (703) 
321-3339) of the Government Printing Office's (GPO) electronic bulletin 
board service (telephone: (202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the GPO's web page at http://www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM- 1, 800 Independence Avenue SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
rulemaking documents should request from the above office a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996, requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact their local FAA official. 
Internet users can find additional information on SBREFA on the FAA's 
web page at http://www.faa.gov/avr/arm/sbrefa.htm and may send 
electronic inquiries to the following Internet address: [email protected].

Background

    On June 8, 2000, the FAA issued a notice of proposed rulemaking 
(NPRM) proposing to extend the expiration date of SFAR 58 (65 FR 37836; 
June 16, 2000). The comment period closed on July 17, 2000, and no 
comments were received. The amendment is adopted as proposed.

Good Cause Justification for Immediate Adoption

    The reasons that 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, 2005. If the FAA publishes a 
final rule incorporating SFAR 58 into the regulations before this 
expiration date, SFAR 58 will be rescinded concurrently. Ordinarily 
under the Administrative Procedure Act, a substantive rule must be 
served or published not less than 30 days before its effective date 
except, among other things, if the agency finds ``good cause'' for 
making it effective sooner. See 5 U.S.C. Section 553(d)(3). The FAA 
finds that 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 or temporarily suspended 
because of the general legal requirement to publish a rule at least 30 
days before it becomes effective.
    For these reasons, and because as a voluntary program AQP imposes 
no additional burden on any person, the FAA finds ``good cause'' for 
making this amendment, which extends the termination date for the SFAR 
by 5 years, effective immediately upon issuance.

Economic Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency to 
propose or adopt a regulation only if the agency makes a reasoned 
determination that the benefits of the regulation justify its costs. 
Second, the Regulatory Flexibility Act of 1980 required agencies to 
analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards. The Trade Act directs agencies, where appropriate, to use 
those international standards as the basis of U.S. standards. And 
fourth, the Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules. This requirement applies only to rules that 
include a Federal mandate on State, local, or tribal governments or the 
private sector, likely to result in a total expenditure of $100 million 
or more in any one year (adjusted for inflation). In conducting these 
analyses, FAA had determined this rule: (1) Has benefits that justify 
its costs, is not a ``significant regulatory action'' as defined in the 
Executive Order, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures; (2) will not have a significant 
impact on a substantial number of small entities; (3) has no impact on 
international trade; and (4) does not impose an unfunded mandate on 
state, local, or tribal governments or on the private sector.
    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. AQP gives air carriers flexibility in 
meeting the safety goals of the training programs in 14 CFR parts 121 
and 135 without sacrificing any of the safety benefits derived from 
those programs. Thus, extending AQP for another 5 years will not impose 
any additional costs nor decrease the

[[Page 60335]]

present level of safety. Because this final rule extends an existing, 
voluntary program that has become an important means for some operators 
to comply with training requirements, the FAA finds that a detailed 
regulatory evaluation is not necessary.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the agency may so certify 
and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    This rulemaking allows certain air carriers to continue 
participating in a voluntary, alternative method for qualifying, 
training and certifying, and otherwise ensuring competency of 
crewmembers, aircraft dispatchers, and other operational personnel, 
instructors, and evaluators who are required to be trained or qualified 
under 14 CFR parts 121 and 135. As such, this rulemaking will not 
impose any additional cost on those air carriers. Consequently, the FAA 
certifies that the rule will not have a significant economic impact on 
a substantial number of small air carriers.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with the above statute and policy, the FAA has 
assessed the potential effect of this final rule and has determined 
that it will have only a domestic impact and therefore no affect on any 
trade-sensitive activity.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will not have a substantial direct effect 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. Therefore, the FAA has determined that 
this final rule will not have federalism implications.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1553, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    The FAA determines that this final rule does not contain a 
significant intergovernmental or private sector mandate as defined by 
the Act.

International Trade

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activity that crate unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish, to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services to into the U.S.
    In accordance with the above statute and policy, the FAA has 
assessed the potential effect of this final rule and has determined 
that it will have only a domestic impact and therefore no affect on any 
trade-sensitive activity.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this rulemaking action qualifies for 
categorical exclusion.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that the final rule is not a major regulatory action under the 
provisions of the EPCA.

[[Page 60336]]

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.

14 CFR Part 108

    Airplane operation security, Aviation 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, the Federal Aviation 
Administration amends SFAR 58 (14 CFR parts 61, 63, 65, 108, 121, and 
135) of Title 14, Code of Federal Regulations, as folows:
    1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45303.


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

    Authority: 49 U.S.C. 106(g), 40108, 40113, 44701-44703, 44710, 
44712, 44714, 44716, 44717, 44722, 45303.


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

    Authority:  49 U.S.C. 106(g); 5103, 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), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
449112, 46105.


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

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    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, 2005, unless sooner terminated.

    Issued in Washington, DC, on September 29, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-25632 Filed 10-6-00; 8:45 am]
BILLING CODE 4910-13-M