[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Proposed Rules]
[Pages 72403-72406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6791]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / 
Proposed Rules  

[[Page 72403]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 13, 47, 61, 91, and 183

[Docket No. FAA-2005-23156; Notice No. 05-15]
RIN 2120-AD16


Drug Enforcement Assistance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing an NPRM to revise certain requirements 
concerning registration of aircraft, certification of pilots, and 
penalties for registration and certification violations. We are 
withdrawing the document because the relief that the NPRM would have 
provided has been achieved by other means or is addressed by an NPRM we 
plan to publish in the Federal Register in the near future.

FOR FURTHER INFORMATION CONTACT: Mark D. Lash, Civil Aviation Registry, 
Mike Monroney Aeronautical Center, 6500 South MacArthur Boulevard, 
Oklahoma City, OK 73169, telephone (405) 954-4331.

SUPPLEMENTARY INFORMATION: 

Background

    On March 12, 1990, the FAA published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register (55 FR 9270). The NPRM 
proposed changes to certain requirements concerning registration of 
aircraft, certification of pilots, and penalties for registration and 
certification violations. The NPRM also announced non-rulemaking 
procedural changes. We intended the changes to correct deficiencies in 
our systems and procedures identified in the FAA Drug Enforcement 
Assistance Act of 1988 (Pub. L. 100-690) (hereafter, ``the Act''). The 
Act amended FAA's authorizing legislation (49 U.S.C. 40101 et seq.) 
to--
     Declare that it is FAA policy to assist law enforcement 
agencies in the enforcement of laws that regulate controlled 
substances, to the extent consistent with aviation safety;
     Modify the aircraft registration system to more 
effectively serve the needs of buyers and sellers of aircraft, drug 
enforcement officials, and other users of the system;
     Modify the pilot certification system to more effectively 
serve the needs of pilots and drug enforcement officials;
     Modify the system for processing major repair and 
alterations of fuel tanks and fuel systems on aircraft, to more 
effectively serve users of the system, including drug enforcement 
officials;
     Establish and collect the fees necessary to cover the 
costs of issuing aircraft registration certificates, issuing airman 
certificates for pilots, and processing forms for major repairs and 
alterations of fuel tanks and fuel systems of aircraft;
     Pursue civil actions and assess civil penalties for 
violations of the regulations governing registering aircraft and 
recording aircraft security documents; and
     Create criminal penalties for forgery of airman 
certificates, false marking of aircraft, and other aircraft 
registration violations and to make it unlawful for any person to 
knowingly and willingly operate an aircraft in violation of any 
requirement for display of navigation or anti-collision lights.
    The comment period closed on May 11, 1990. We received 373 
comments, very few of which expressed support for the proposed changes. 
For the most part, commenters believed that the proposed changes would 
only impose burdens on law-abiding citizens, while criminals would 
simply circumvent them. As a result, FAA decided to delay the 
rulemaking process to assess whether specific technological 
improvements to the Civil Aviation Registry could meet the intent of 
the Act. As described in more detail below, we believe we have now 
fulfilled the requirements of the Act, with certain exceptions, through 
changes to systems and procedures used by the FAA Civil Aviation 
Registry (hereafter, the Registry). For this reason, we are withdrawing 
the 1990 NPRM in its entirety.
    To further address our obligations under the Act, we plan to 
publish a new NPRM in the Federal Register in the near future. The NPRM 
will address the requirements of the Act not put in place through 
changes to the Civil Aviation Registry, with one exception.
    The Act specified that regulations prescribed under Section 44111 
shall require that each individual listed in an application for 
registration of an aircraft provide with the application the individual 
driver's license number and that each person (not an individual) listed 
in an application for registration of an aircraft provide with the 
application the person's taxpayer identifying number.
    The FAA has determined that implementing that requirement would be 
detrimental to users of the aircraft records and potentially to the 
aircraft owners. At this time aircraft records are available to all 
parties with a need or desire to examine them in the pursuit of 
aviation safety, national security, and the purchase or sale of 
aircraft. If privacy information like a driver's license number or 
taxpayer identification number were included with documents that are a 
part of the aircraft record, then access to aircraft record would have 
to be restricted.
    In addition, a vetting process would have to be set up to ensure 
that the driver's license number and taxpayer identification number 
being provided were in fact accurate and valid. This would require a 
face-to-face meeting between those parties wishing to register aircraft 
and an entity that could provide verification that the identification 
provided was in fact genuine. This would increase the cost and time 
needed for aircraft registration, creating an unnecessary burden on 
aircraft owners and the government.
    With the changes made to the aircraft registration system since 
passage of the Act, the FAA believes that law enforcement organizations 
have much improved information with which to carry out their 
responsibilities and that implementation of this requirement is not 
necessary.

Reason for Withdrawal

    We are withdrawing the NPRM published in the Federal Register on 
March 12, 1990 (55 FR 9270) because the relief that would have been 
provided by the NPRM has been achieved by other means. The following 
paragraphs list the deficiencies in, and abuses of, the FAA's systems 
for

[[Page 72404]]

registering pilots and aircraft identified in the FAA Drug Enforcement 
Assistance Act of 1988 (Pub. L. 100-690) and the actions the FAA has 
taken to address them.

Section 44703(g) Airman Certificates

(A) The Use of Fictitious Names and Addresses by Applicants for Those 
Certificates
    At time of application for certification, airmen must show proof of 
identity to the certifying official. See General Aviation Inspector's 
Handbook, FAA Order 8700.1, vol. 2, Chap. 1, section 4. The proof of 
identity must include a photograph. The FAA records the type of 
identification used on the airmen application form. This information is 
available to law enforcement for follow-up. Airmen also must show proof 
of identity when applying for medical certification.
    In 1995, the FAA began using a software product that validates that 
an address is in a standardized form and is within a range of valid 
addresses. The FAA also purchased and is testing a software product 
that confirms whether a specific address is a valid delivery point for 
the U.S. Postal Service. Beginning in 2004, the airmen database is 
periodically checked and information on potentially nonexistent 
addresses is made available to the FAA Law Enforcement Assistance 
Program.
(B) The Use of Stolen or Fraudulent Identification in Applying for 
Those Certificates
    When applying for an airman certificate, the applicant must present 
photo identification. This requirement mitigates the use of stolen 
identification. The FAA collects information on the identification 
document used in applying for airmen certificates. See, for example, 
FAA form number 8710-1. That information is readily available to law 
enforcement agencies for the purpose of determining its validity.
(C) The Use by an Applicant of a Post Office Box or ``Mail Drop'' as a 
Return Address To Evade Identification of the Applicant's Address
    In 1989, the FAA stopped accepting a post office box as a residence 
address. An applicant must provide a physical address. However, the 
applicant may specify a post office box as the preferred mailing 
address. In that case, the FAA keeps both addresses in the airman's 
record. If the physical address is listed as General Delivery, Rural 
Route, or Star Route, the airman must provide directions, or a map, for 
locating the residence.
(D) The Use of Counterfeit and Stolen Airman Certificates by Pilots
    In July 2003, the FAA began issuing airmen certificates that 
incorporate a number of security features. The certificates are made of 
high quality PVC plastic media card stock, much improved over the old 
paper stock. They include extensive micro-printing, a hologram, and an 
ultraviolet layer that contains certain words and phrases. This new 
certificate greatly reduces the ability to create counterfeit 
reproductions. This issue will also be addressed in an NPRM we plan to 
publish in the Federal Register in the near future.
    In addition, certificates that are reported stolen to the FAA are 
marked as such in the airmen database. This information is available to 
law enforcement organizations.
(E) The Absence of Information About Physical Characteristics of 
Holders of Those Certificates
    In October 2002, the FAA adopted new regulations requiring that 
airmen carry photo identification acceptable to the FAA when exercising 
the privileges of a pilot certificate. In addition, the airman must 
present photo identification when requested to do so by the FAA, an 
authorized representative of the NTSB or the TSA, or a law enforcement 
officer. See 67 FR 65858, October 28, 2002.

Section 44111(c)(3) Modifications in Registration and Recordation 
System for Aircraft Not Providing Air Transportation

(A) The Registration of Aircraft to Fictitious Persons
    Law enforcement organizations have the resources and responsibility 
to identify fictitious persons. One of the deficiencies that existed at 
the time of this legislation was that law enforcement agencies did not 
have timely access to FAA information. The FAA now has in place a 
system that provides law enforcement agencies, through the FAA's Law 
Enforcement Assistance Program, access to both its aircraft database, 
which contains the registration and airworthiness status of the 
aircraft and the names and addresses of the registered owners, and over 
25 million documents containing registration and airworthiness 
information. The documents are in digital format and are available 
seven days a week, 24 hours a day within minutes of requesting them.
(B) The Use of False or Nonexistent Addresses by Persons Registering 
Aircraft
    In 1995, the FAA began using a software product that validates that 
an address is in a standardized form and that it is within a range of 
valid addresses. The FAA has also purchased and is testing a software 
product that confirms whether a specific address is a valid delivery 
point for the U.S. Postal Service. Beginning in 2004, the aircraft 
registration database is periodically checked and a file of potentially 
nonexistent addresses is made available to the FAA Law Enforcement 
Assistance Program.
(C) The Use by a Person Registering an Aircraft of a Post Office Box or 
``Mail Drop'' as a Return Address To Evade Identification of the 
Person's Address
    On October 20, 1994, the FAA notified the public that we no longer 
accept aircraft registration applications unless a physical location or 
physical address is shown in the address portion of the form. See 59 FR 
53013. On October 17, 1996, the FAA began requesting physical addresses 
for those aircraft previously registered for which records indicated 
only a post office box or mail drop address.
(D) The Registration of Aircraft to Entities Established To Facilitate 
Unlawful Activities
    Law enforcement organizations have the resources and responsibility 
to identify such entities. One of the deficiencies that existed at the 
time of this legislation was that law enforcement agencies did not have 
timely access to FAA information. The FAA now has in place a system 
that provides law enforcement agencies, through the FAA's Law 
Enforcement Assistance Program, access to its aircraft database and all 
25 million documents associated with the aircraft's registration and 
airworthiness information. The actual documents are all in digital 
format and are available seven days a week, 24 hours a day within 
minutes of requesting them.
(E) The Submission of Names of Individuals on Applications for 
Registration of Aircraft That Are Not Identifiable
    The current application for registration contains instructions 
indicating the applicant should type or print the name below the 
signature(s). As of June 2004, the FAA no longer accepts applications 
for aircraft registration without a printed or typed name below the 
signature(s). This issue will also addressed in the NPRM we

[[Page 72405]]

plan to publish in the Federal Register in the near future.
(F) The Ability To Make Frequent Legal Changes in the Registration 
Markings Assigned to Aircraft
    In 1990, the FAA started capturing the serial number/registration 
number history in a computer database. This information is available 
on-line to FAA and the law enforcement community. It allows security 
and law enforcement to track any unusual patterns for a specific 
aircraft. They determine the frequency of changes that would trigger 
further investigation on their part.
(G) The Use of False Registration Markings on Aircraft
    All information concerning registration markings, called ``N 
numbers'' is available through the Registry's Web site, as well as 
through the El Paso Intelligence Center. This Center is comprised of 
the Drug Enforcement Administration, U.S. Customs Service, 
Transportation Security Administration, FAA, and other law enforcement 
officials who work aircraft and airmen issues. They have direct access 
to Registry databases and also work through the FAA Law Enforcement 
Assistance Program on law enforcement issues. If an individual uses a 
reserved N number not assigned to their aircraft, field personnel can 
quickly make that determination through the use of the online 
information, which is now available seven days a week, 24 hours a day. 
The FAA updates this information on the Civil Aviation Registry's Web 
site on a daily basis.
    When an aircraft registration is cancelled (for example, when an 
aircraft is destroyed, scrapped, or exported), the FAA places the 
registration number on hold for two years and does not assign the 
number to another aircraft during that period. This procedure has been 
in place since October 1990 at the request of the law enforcement 
community. The Registry is now considering a request from law 
enforcement to increase this timeframe.
(H) The Illegal Use of ``Reserved'' Registration Markings on Aircraft
    All information concerning reserved registration markings, called 
``N numbers'' is available through the Registry's Web site, as well as 
through the El Paso Intelligence Center. This Center is comprised of 
the Drug Enforcement Administration, U.S. Customs Service, 
Transportation Security Administration, FAA, and other law enforcement 
officials who work aircraft and airmen issues. They have direct access 
to Registry databases and also work through the FAA Law Enforcement 
Assistance Program on law enforcement issues. If an individual uses a 
reserved N number not assigned to their aircraft, field personnel can 
quickly make that determination through the use of the online 
information, which is now available seven days a week, 24 hours a day. 
The FAA updates this information on the Civil Aviation Registry's Web 
site on a daily basis.
(I) The Large Number of Aircraft Identified as ``Sale Reported''
    A status of ``Registration Pending'' was established on October 3, 
1990, to distinguish between those records where an actual attempt to 
register the aircraft had been made (registration pending) from those 
that had only been reported as sold (sale reported). The registration 
pending category provides additional information to FAA field and law 
enforcement personnel to include the date of the application and the 
name and address of the applicant to help in verification of the pink 
copy used for temporary operation.
    For approximately three years, the Registry has dedicated 
examination resources to this effort and has reduced the number of 
aircraft in the sale reported status by over 2,000 aircraft. In 
addition, the FAA has changed the registration status of aircraft 
identified as ``sale-reported'' from ``Valid'' to ``In Question'' in 
its database to alert FAA field personnel and law enforcement agencies 
to potential problems with the registration. The FAA is currently 
working with the Transportation Security Administration and aviation 
industry groups to further improve the registration status information 
on all civil aircraft.
(J) The Lack of a System To Ensure Timely and Adequate Notice of the 
Transfer of Ownership of Aircraft
    The Registry maintains a database of the status of aircraft 
registration that is accessible through its Web site and is updated 
daily. A document index is also available on the Web site. The document 
index can be used to determine if documents related to a specific 
aircraft have been received by the Registry, even if a permanent 
registration certificate has not yet been issued. The index is also 
updated daily. This issue will also be addressed in the NPRM we plan to 
publish in the Federal Register in the near future.
(K) The Practice of Allowing Temporary Operation and Navigation of 
Aircraft Without the Issuance of a Certificate of Registration
    Temporary authority to operate a U.S. civil aircraft for a 
reasonable amount of time after a transfer of ownership is available 
under 14 CFR 47.31. However, before that authority is valid, Sec.  
47.31 requires each applicant to submit an aircraft registration 
application and an original bill of sale to the FAA.
    Almost all aircraft registry records are now maintained in digital 
imagery instead of the prior microfiche/paper-based system. There are 
over 25 million pages of information available on this system. A 
document index, updated daily, and almost all aircraft records are now 
available online at the FAA Registry Web site or through a query to the 
FAA Law Enforcement Assistance Program.
    Law enforcement personnel using the index or Law Enforcement 
Assistance Program can retrieve all documents associated with aircraft 
in a matter of minutes and determine whether an application package for 
the aircraft, as required by 14 CFR 47.31 has been received by the 
Registry. If there is any question regarding the registration status of 
an aircraft, online queries allow rapid access to aircraft documents in 
Adobe PDF format that can then be forwarded to the appropriate law 
enforcement organization.
    Establishment of the El Paso Intelligence Center allows law 
enforcement comprised of the Drug Enforcement Administration, U.S. 
Customs Service, FAA and other law enforcement officials who work 
aircraft and airmen issues, centralized direct access to Registry 
databases through the Law Enforcement Assistance Program and the Web 
site. El Paso Intelligence Center personnel have access to real-time 
data.
    Current regulations (14 CFR 47.41) require that when, among other 
instances, an aircraft is sold, the seller must notify the FAA's 
Aircraft Registry of the sale and the certificate of registration be 
returned. The aircraft is then flagged with a ``Sale Reported'' 
notation until such time that an application package is received and 
processed for the new owner. Any member of the public or law 
enforcement can check the registration records of a particular aircraft 
through the Registry Web site to determine if that aircraft is flagged 
as ``Sale Reported.'' This information is updated daily.
    FAA believes that together, these existing regulations and added 
access to

[[Page 72406]]

aircraft records for law enforcement personnel address Congress' 
concern with the practice of allowing temporary operating authority 
prior to issuance of a certificate of aircraft registration.

Section 44713(d) Inspection and Maintenance

(A) The Lack of a Special Identification Feature To Allow the Forms To 
Be Distinguished Easily From Other Major Repair and Alteration Forms
    The FAA issued an Action Notice (FAA Notice A8600.1) requiring each 
FAA Flight Standards District Office to review any Major Repair and 
Alteration Form (form no. 337) received and to send any form 337 
involving a fuel tank system alteration or modification to a special 
section in the Registry by first class mail within 24 hours of receipt. 
This section has its own post office box number. This procedure 
highlights forms related to major repairs or alterations to fuel tanks 
and fuel systems from all other form 337s sent to the FAA.
(B) The Excessive Period of Time Required To Receive the Forms at the 
Airmen and Aircraft Registry of the Administration
    As discussed above, FAA Notice A8600.1 requires each FAA Flight 
Standards District Office to review any Major Repair and Alteration 
Form (form no. 337) received and to send any form that involved a fuel 
tank system alteration or modification to a special section in the 
Registry by first class mail within 24 hours of receipt.
(C) The Backlog of Forms Waiting for Processing at the Registry
    The Registry has eliminated the backlog for processing forms for 
major repairs or alterations to fuel tanks and fuel systems. All 
completed forms have been associated with the appropriate aircraft 
record.
(D) The Lack of Ready Access by Law Enforcement Officials to 
Information Contained on the Forms
    The Registry enters these forms in the FAA aircraft database 
immediately upon receipt. The information is accessible to law 
enforcement through that database. In addition, once the form is 
associated with the appropriate aircraft record, the actual Major 
Repair and Alteration Form (form no. 337) is available electronically 
within minutes through the FAA's Law Enforcement Assistance Program.

Conclusion

    Based on the actions described above that we have taken to address 
the deficiencies and abuses identified in the FAA Drug Enforcement 
Assistance Act, the FAA has determined that, with certain exceptions, 
we have satisfied the statutory requirements. The exceptions will be 
addressed by the NPRM we plan to publish in the Federal Register in the 
near future. Therefore, the FAA withdraws Notice No. 90-9, published at 
55 FR 9270 on March 12, 1990.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another notice on the subject matter in the future or committing the 
agency to any future course of action.

    Issued in Washington, DC, on November 25, 2005.
John M. Allen,
Deputy Director, Flight Standards Service.
 [FR Doc. E5-6791 Filed 12-2-05; 8:45 am]
BILLING CODE 4910-13-P