[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39389-39390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16317]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 67

[Docket No. FAA-2012-0056; Amdt. No. 67-21]
RIN 2120-AK00


Removal of the Part 67 Requirement for Individuals Granted the 
Special Issuance of a Medical Certificate to Carry Their Letter of 
Authorization While Exercising Pilot Privileges; Confirmation of 
Effective Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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

SUMMARY: This action confirms the effective date of the direct final 
rule published on March 22, 2012. The rule removes a regulatory 
provision under Federal Aviation Administration (FAA) medical 
certification standards that requires individuals granted the Special 
Issuance of a Medical Certificate (Authorization) to have their letter 
of Authorization in their physical possession or readily accessible on 
the aircraft while exercising pilot privileges.

DATES: The direct final rule becomes effective on July 20, 2012.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this action, see ``How To 
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this

[[Page 39390]]

action, contact Judi Citrenbaum, Office of Aerospace Medicine, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-9689; email [email protected].
    For legal questions concerning this action, contact Sabrina Jawed, 
Office of the Chief Counsel, Regulations Division, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-3073; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Since 2008, Title 14, Code of Federal Regulations (14 CFR) Sec.  
67.401(j) has required individuals granted the Special Issuance of a 
Medical Certificate (Authorization) to have their letter of 
Authorization in their physical possession or readily accessible in the 
aircraft while exercising pilot privileges. The FAA published a direct 
final rule on March 22, 2012 (77 FR 16664) to remove this provision for 
several reasons. Namely, affected individuals find the standard 
burdensome given that other longstanding FAA operational requirements 
already mandate that pilots carry their medical certificate when 
exercising pilot privileges. In addition, the FAA is not aware of any 
individuals affected by the standard who have had to produce their 
letter of Authorization for any civil aviation authorities during the 
nearly 4-year period the rule has been in effect. In this regard, the 
FAA identified this rulemaking action as burden-relieving under 
Executive Order 13563 of January 18, 2011 entitled ``Improving 
Regulation and Regulatory Review.''
    Once this rule becomes effective, Sec.  67.401(j) no longer will 
apply. This means that the ``Note'' under the regulatory reference to 
Sec.  67.401(j) listed under the ``Conditions of Issue'' on an 
individual's existing FAA medical certificate no longer will be 
necessary. This does not mean that the FAA needs or intends to re-issue 
medical certificates. It will be acceptable for the FAA medical 
certificate to reference this ``Note'' until an individual's medical 
certificate is renewed. The FAA will begin using medical certificates 
with updated ``Conditions of Issue'' that do not include reference to 
the removed standard as soon as possible after July 20, 2012.

Discussion of Comments

    The FAA received nine supportive comments from individuals and one 
supportive comment from the Air Line Pilots Association International 
regarding this action. All of the commenters believe that this 
regulation is unnecessary, and removing it would relieve affected 
pilots of an undue burden.

Conclusion

    The FAA received no adverse comments in response to the direct 
final rule ``Removal of the Part 67 Requirement for Individuals Granted 
the Special Issuance of a Medical Certificate to Carry Their Letter of 
Authorization While Exercising Pilot Privileges''. The FAA has 
determined that no further rulemaking action is necessary. Therefore, 
the rule is adopted as amendment 67-21 and becomes effective on July 
20, 2012.

How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using 
the Internet --
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

    Issued in Washington, DC on June 6, 2012.
Frederick E. Tilton,
Federal Air Surgeon.
[FR Doc. 2012-16317 Filed 7-2-12; 8:45 am]
BILLING CODE 4910-13-P