[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77571-77572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30604]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2007-27043; Amdt. No. 61-132]
RIN 2120-AI77


Fees for Certification Services and Approvals Performed Outside 
the United States; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is correcting a direct final rule published on April 
12, 2007 (72 FR 18556). In that rule, the FAA amended its regulations 
to revise the fee requirement for issuance of airman certificates. This 
document amends one paragraph that unintentionally expanded the FAA's 
ability to refuse issuance of airman certificates to U.S. citizens and 
resident aliens, removes two paragraphs that were inadvertently left in 
one subsection, and renumbers the paragraphs and revises cross-
references accordingly.

DATES: Effective December 24, 2013.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact the General Aviation and Commercial Division, AFS-
800, Flight Standards Service, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 385-
9600. For legal questions concerning this final rule contact Anne 
Moore, Office of the Chief Counsel--International Law, Legislation, and 
Regulations Division, AGC-240, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; facsimile (202) 267-7971, email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In 2007, the FAA published a direct final rule revising the fee 
requirement of 14 CFR 61.13 for the issuance of an airman certificate 
by extending the fee requirement to all applicants outside the United 
States regardless of citizenship. 72 FR 18556, 18558 (Apr. 12, 2007). 
The FAA is now issuing a technical amendment to Sec.  61.13 because the 
revision to the fee requirement inadvertently expanded the 
Administrator's authority to refuse to issue a U.S. airman certificate, 
rating, or authorization to U.S. citizens and resident aliens. 
Formerly, that provision had been limited to applicants who were non-
resident aliens.
    The FAA is also removing paragraphs (A) and (B) from paragraph 
(a)(2)(i) because those paragraphs were inadvertently left in Sec.  
61.13 due to erroneous amendatory instructions in the April 12, 2007 
direct final rule. 72 FR 18558. Finally, the FAA is renumbering the 
paragraphs of Sec.  61.13 and updating cross-references to reflect 
these revisions.

Technical Amendment

    Section 61.13 establishes the requirements for the issuance of 
airman certificates, ratings, and authorizations. Prior to issuance of 
the 2007 direct final rule, Sec.  61.13(a)(2) stated that an applicant 
for a certificate, rating, or authorization ``who is neither a citizen 
of the United States nor a resident alien of the United States'' must 
(i) show evidence of fees paid for airman certification services 
outside the United States, and (ii) may be refused issuance of any U.S. 
airman certificate, rating or authorization by the Administrator.\1\ In 
the 2007 direct final rule, the FAA amended the Sec.  61.13(a)(2) 
introductory text by removing the language which specifically applied 
the section to non-U.S. citizens and non-resident aliens. The FAA 
explained in the preamble that the intention of the rule change was to 
ensure that fees for airman certification services outside the United 
States were paid even by U.S. citizens. In changing the introductory 
text to Sec.  61.13(a)(2), however, the FAA inadvertently extended the 
Administrator's authority to refuse an airman certificate to all 
applicants regardless of citizenship. The FAA is issuing this technical 
amendment to correct this error. As amended, the Administrator's 
ability to refuse an airman certificate will apply only to non-U.S. 
citizens and non-resident aliens while retaining application of the fee 
requirement in Sec.  61.13(a)(2) to all applicants applying outside the 
United States regardless of citizenship.
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    \1\ Under 49 U.S.C. 44703(e)(1), the Administrator may 
``restrict or prohibit issuing an airman certificate to an 
alien[.]''
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    The FAA is also correcting a minor error to paragraphs (A) and (B) 
of Sec.  61.13(a)(2)(i). In the 2007 direct final rule, the FAA stated 
in the amendatory instructions to Sec.  61.13 that it was revising the 
introductory text of paragraph (a)(2) and (a)(2)(i), but did not 
explicitly state it was removing paragraphs (A) and (B) of that 
paragraph. As a result, paragraphs (A) and (B) of (a)(2)(i) were 
inadvertently

[[Page 77572]]

retained. This technical edit will correct that error. In addition, the 
FAA is renumbering Sec.  61.13(a)(2)(ii) as Sec.  61.13(a)(3), and 
Sec.  61.13(a)(3) as Sec.  61.13(a)(4), and revising a cross-reference 
in the newly created Sec.  61.13(a)(4) to reflect these changes in 
numbering.
    Because the amendment corrects an error and imposes no new burden, 
the FAA finds that the notice and public procedures under 5 U.S.C. 
553(b) are unnecessary. Because the changes in this technical amendment 
result in no substantive change, the FAA finds good cause exists under 
5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 
days.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

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

0
1. The authority citation for part 61 continues to read as follows:

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

0
2. Amend Sec.  61.13 by revising paragraph (a) to read as follows:


Sec.  61.13  Issuance of airman certificates, ratings, and 
authorizations.

    (a) Application. (1) An applicant for an airman certificate, 
rating, or authorization under this part must make that application on 
a form and in a manner acceptable to the Administrator.
    (2) An applicant must show evidence that the appropriate fee 
prescribed in appendix A to part 187 of this chapter has been paid when 
that person applies for airmen certification services administered 
outside the United States.
    (3) An applicant who is neither a citizen of the United States nor 
a resident alien of the United States may be refused issuance of any 
U.S. airman certificate, rating or authorization by the Administrator.
    (4) Except as provided in paragraph (a)(3) of this section, an 
applicant who satisfactorily accomplishes the training and 
certification requirements for the certificate, rating, or 
authorization sought is entitled to receive that airman certificate, 
rating, or authorization.
* * * * *

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 44701(a), 44703(e) on December 18, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-30604 Filed 12-23-13; 8:45 am]
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