[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52278-52280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25724]



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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 61, 63, 121, 135, and 142



Temporary Extension of Time Allowed for Certain Training and Testing; 
Final Rule

  Federal Register / Vol. 66, No. 198 / Friday, October 12, 2001 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 121, 135, and 142

[Docket No. FAA-2001-10797; SFAR 93]
RIN 2120-AH 51


Temporary Extension of Time Allowed for Certain Training and 
Testing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action extends the time allowed to meet certain 
qualification requirements. The action is being taken because the 
affected persons may not have been able to timely fulfill requirements 
due to the circumstances in the wake of the September 11, 2001 
terrorist attacks. The action will temporarily extend the time allowed 
to complete the requirements needed to remain qualified or to become 
qualified to perform certain functions.

DATES: This action is effective October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Kent Stephens, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 
267-9518.

SUPPLEMENTARY INFORMATION:

Availability of This Action

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov./search).
    (2) On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``search''.
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the final rule.
    You can also get an electronic copy using the Internet through 
FAA's Web page at http://www.faa.gov/avr/armhome.htm or the Federal 
Register's Web page at http://www.access.gpo.gov.su_docs/aces/aces140html.
    You can also get a copy 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. Make 
sure to identify the amendment number or docket number of this final 
rule.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information advice about compliance with statutes and regulations 
within the FAA's jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact its 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 send electronic 
inquiries to the following Internet address: [email protected].

Background

    In the wake of the September 11, 2001, terrorist attacks against 
four U.S. commercial aircraft resulting in the tragic loss of human 
life at the World Trade Center, the Pentagon, and southwest 
Pennsylvania, the U.S. airline transportation system was severely 
hampered in conducting normal operations.
    Part 121 and 135 check airmen (simulator), part 121 and 135 flight 
instructors (simulator), part 121 aircraft dispatchers and part 142 
training center instructors are required to successfully complete 
certain qualification requirements, inflight line observation programs, 
or operating familiarization, as part of their periodic qualifications. 
The FAA realizes that due to the critical circumstances and disruption 
of airline operations, it may have been impossible for some of these 
persons who needed to complete the necessary requirements during the 
month of September to do so. Accordingly, the FAA is issuing this SFAR 
to allow those persons additional time to complete the inflight 
requirements.
    This action will not adversely affect aviation safety. It will only 
allow certain individuals, who do not directly operate the aircraft, 
additional time to complete the inflight requirements. This one-time 
60-day extension does not change the 12-calendar month requirement for 
aircraft dispatchers or the anniversary month for check airmen, flight 
instructors, or training center instructors. Therefore, if you were due 
to complete one of the specified requirements in September 2000 you 
will be due again to meet that requirement in September 2002, 
regardless of this extension for 2001.
    Certain applicants for a certificate or rating under parts 61 must 
pass a required knowledge test within the 24-calendar-month period 
preceding the month the applicant completes the practical test, if a 
knowledge test is required. This action extends the validity of those 
aeronautical knowledge test results with an expiration date of 
September 30, 2001 to November 30, 2001.

Justification for Immediate Adoption

    Because the circumstances described herein warrant immediate 
action, the Administrator finds that notice and public comment under 5 
U.S.C. 553(b) are impracticable and contrary to the public interest. 
Further, the Administrator finds that the urgent need for this relief 
is good cause under 5 U.S.C. 553(d) for making this rule effective upon 
publication.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extend practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that relate to this SFAR.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA has determined that there are no new requirements for 
information collection associated with this SFAR.

Regulatory Analyses

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We 
are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. This rulemaking action is not a significant 
regulatory action under section 3(f) of Executive order 12866, 
Regulatory Planning and Review. The Office of Management and Budget ha 
not review it under that Order. It is not significant under the 
Department of Transportation (DOT) Regulatory Policies and Procedures. 
The FAA expects the economic impact of this rule to be so minimal that 
a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612, 
directs the FAA to fit regulatory requirements to the scale of the 
business, organizations,

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and governmental jurisdictions subject to the regulation. We are 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as defined in the Act. If we find that the action will have 
a significant impact, we must do a ``regulatory flexibility analysis.''
    This final rule temporarily extends the time certain training and 
testing requirements must be completed. Its economic impact is minimal. 
Therefore, we certify that this action will not have a significant 
economic impact on a substantial number of small entities.

Trade Impact Assessment

    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. The FAA has assessed the potential effect of this rulemaking 
and has determined that it will not have an effect on any trade-
sensitive activity.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 104-4 on March 22, 1995, is intended, among other things, to curb 
the practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of the Act requires each Federal agency to 
prepare a written statement assessing the effects of any Federal 
mandate in a proposed or final agency rule that may result in a $100 
million or more expenditure (adjusted annually for inflation) in any 
one year by State, local, and tribal governments, in the aggregate, or 
by the private sector; such a mandate is deemed to be a ``significant 
regulatory action.''
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

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 a 
categorical exclusion.

Energy Impact

    The energy impact of this SFAR 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 this SFAR is not a major regulatory action under the provisions of 
the EPCA.

List of Subjects

14 CFR Part 61

    Airmen, Reporting and recordkeeping requirements.

14 CFR Part 63

    Airmen.

14 CFR Part 121

    Airmen, Air carriers, Aviation safety.

14 CFR Part 135

    Aircraft, Aviation safety.

14 CFR Part 142

    Airmen, Schools, Educational facilities.

The Amendment

    For the reasons stated in the preamble, the Federal Aviation 
Administration amends 14 CFR chapter I as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG AND SUPPLEMENTAL 
OPERATIONS

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

PART 142--TRAINING CENTERS

    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, 45301-45302.


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

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

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

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.


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

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44705, 44709, 44711-44713, 44715-44717, 44722.


    5. The authority citation for part 142 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113m, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.


    6. Add Special Federal Aviation Regulation (SFAR) No. 93 to parts 
61, 63, 121, 135, and 142 to read as follows:

Special Federal Aviation Regulation No. 93--Temporary Extension of 
Time To Allow for Certain Training and Testing

    1. Applicability. This SFAR applies to all part 121 and 135 check 
airmen (simulator) and flight instructors (simulator), part 121 
aircraft dispatchers, and part 142 training center instructors who were 
required to complete qualification requirements, an inflight line 
observation program, or operating familiarization in September 2001 to 
become qualified, or remain qualified, to perform their assigned 
duties. It also applies to persons who have satisfactorily accomplished 
the part 61 aeronautical knowledge test or the part 63 written test, 
either one of which has an expiration date of September 2001 for pilot, 
flight instructor, or flight engineer certification.
    2. Special Qualification Requirements. The sections of 14 CFR that 
prescribes these requirements are sections 61.39(a)(1); 63.35(d); 
121.411(f); 121.412(f); 121.463(a)(2); 121.463(c); 135.337(f); 
135.338(f); 142.53(b)(2) and (b)(3).
    3. Extension of Time to Fulfill Certain Qualification Requirements. 
Persons identified in paragraph 1 of this SFAR who had until the end of 
September 2001 to complete the specified qualification requirements in 
September 2001 will be deemed to have completed those requirements in 
September 2001

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provided they satisfactorily complete those requirements by November 
30, 2001. For those persons identified in paragraph 1, who are 
qualifying for the first time to be a check airmen (simulator), flight 
instructor (simulator), aircraft dispatcher, or training center 
instructor, they must fulfill the applicable qualification requirements 
before they may serve as a check airmen (simulator), flight instructor 
(simulator), aircraft dispatcher, or training center instructor, as 
appropriate. This extension does not change the 12-calendar-month 
requirement for aircraft dispatchers or the anniversary month for check 
airmen, flight instructors and training center instructors. Therefore, 
if you were due for qualification in September 2001 you will be due for 
qualification September 2002, regardless of this extension for 2001.
    4. Termination Date. This Special Federal Aviation Regulation 
expires November 30, 2001.

    Issued in Washington, DC, on October 5, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-25724 Filed 10-9-01; 4:16 am]
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