[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46791-46793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No. FAA-2014-1000; Amdt. No. 65-56A]
RIN 2120-AK40


Elimination of the Air Traffic Control Tower Operator Certificate 
for Controllers Who Hold a Federal Aviation Administration Credential 
With a Tower Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments.

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SUMMARY: On December 16, 2014, the FAA published a final rule with a 
request for comments that eliminated the requirement for an air traffic 
control tower operator to hold a control tower operator certificate if 
the individual also holds a Federal Aviation Administration Credential 
with a tower rating (FAA

[[Page 46792]]

Credential). This action addresses the public comment the FAA received.

DATES: The final rule effective date remains February 17, 2015.

ADDRESSES: The docket may be read at http://www.regulations.gov at any 
time. Follow the online instructions for accessing the docket. The 
docket may also be accessed at the Docket Operations in Room W12-140 of 
the West Building Ground Floor, Department of Transportation, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Michele Cappelle, Air Traffic Safety Oversight 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-5205; email 
[email protected]
    For legal questions concerning this action, contact Neal O'Hara, 
Attorney, Office of the Chief Counsel, Regulations Division, AGC-240, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-3073; email 
neal.o'[email protected]

SUPPLEMENTARY INFORMATION: 

Background

    On December 16, 2014, the FAA published a final rule that 
eliminated the requirement for an air traffic control tower operator to 
hold a control tower operator (CTO) certificate if the individual also 
holds an FAA Credential (79 FR 74607). The requirement to hold both the 
CTO certificate and the FAA Credential was redundant since the 
underlying requirements for the FAA Credential encompass those of the 
CTO certificate. The action will reduce the FAA's burden of 
administering redundant programs for those individuals who hold an FAA 
Credential.

Discussion of Comments

    The FAA received one comment from the National Air Traffic 
Controllers Association--AFL-CIO (NATCA). NATCA had several concerns 
with the rule.
    NATCA opposes the elimination of the CTO certificate. NATCA 
believes that if the FAA eliminates the requirement for the CTO 
certificate, important training requirements risk elimination, which 
will result in a significant lack of appropriate oversight and create 
disparities between FAA and non-FAA tower Air Traffic Control 
Specialists.
    The FAA notes the training requirements for air traffic controllers 
have not changed because of this rulemaking. All FAA air traffic 
controllers must adhere to the requirements in FAA Order JO 3120.4, Air 
Traffic Technical Training. The final rule simply eliminated 
duplicative programs that only applied to a portion of the FAA 
controller workforce. Before February 17, 2015 (the effective date of 
the final rule), air traffic controllers assigned to control towers 
were required to possess a CTO certificate issued in accordance with 14 
Code of Federal Regulations (14 CFR) part 65, subpart B. CTO 
certificates were only required for air traffic controllers working in 
a control tower; no such requirement existed for air traffic 
controllers assigned to approach control or en-route air traffic 
control facilities. In addition, once a CTO certificate was issued, it 
remained valid with no recurrent or refresher training requirements to 
ensure the holder still possessed the skills demonstrated at the time 
the CTO certificate was awarded.
    When the FAA Credentialing program was introduced in 2006, it 
included all FAA controllers, not just tower controllers as in the CTO 
program. In addition, the emphasis was shifted to ensuring safety-
related personnel retained the skills necessary to perform their 
responsibilities. Under the FAA Credentialing program, the individual 
must: (1) Complete all required training in accordance with FAA 
standards; (2) undergo required certification; and (3) successfully 
complete the initial skills evaluation to be issued an FAA Credential 
with an appropriate rating. Once issued, the rating associated with the 
FAA Credential is valid for 2 years, after which the individual 
undergoes another skills evaluation similar to the one used for the 
initial certification. The biennial skills evaluation is required for 
all air traffic controllers, regardless of their assignment to a tower, 
approach control, or en-route air traffic control facility.
    NATCA is also concerned that the knowledge, skill, and experience 
requirements in part 65 for CTO certificate holders have not been 
properly incorporated into FAA Orders and that no analysis was 
performed.
    During the rulemaking process, the FAA reviewed part 65, subpart B, 
and made appropriate changes to FAA Order 8000.90 upon issuance of the 
final rule. As noted in FAA Order 8000.90, the FAA Credentialing 
program incorporates the current training, certification, and 
qualification requirements that form the basis from which the Air 
Traffic Safety Oversight Service issues, amends, withdraws, and removes 
FAA Credentials. The Air Traffic Organization must adhere to the 
requirements in FAA Orders regarding the training, proficiency, and 
certification of personnel. These orders include FAA Order JO 3120.4, 
Air Traffic Technical Training and FAA Order JO 3000.57, Air Traffic 
Organization Technical Operations Training and Personnel Certification 
Programs. The Air Traffic Organization also must ensure that changes to 
FAA Orders JO 3120.4 and JO 3000.57 or other directives related to 
training, proficiency, and certification, are submitted for Air Traffic 
Safety Oversight Office (AOV) review and acceptance.
    NATCA states that if ``the requirements are eliminated for FAA 
credentialed Air Traffic Control Specialists, they need to be retained 
in another provision of Regulation or Statute to ensure proper 
oversight.'' NATCA believes FAA Orders may be changed at-will and are 
not subject to the Administrative Procedure Act (APA). NATCA states 
there is no check and balance to oversee the FAA's changes to these 
critical matters that are currently covered by regulation and subject 
to oversight.
    FAA Orders serve as the primary means within the FAA to issue, 
establish, and describe agency policies, organization, 
responsibilities, methods, and procedures governing FAA employees. FAA 
Order 1320.1 contains the requirements to issue Orders. Also, in 1997, 
the National Civil Aviation Review Commission (NCARC) recommended that 
the air traffic service provider in FAA be subject to the safety 
policies of a separate part of the FAA to provide independent safety 
oversight. In addition, in 2001, the International Civil Aviation 
Organization (ICAO) adopted an amendment requiring states to implement 
formal safety management procedures for their air traffic services 
systems.
    FAA Order 1100.161 specifies the manner by which AOV, within the 
Office of the Associate Administrator for Aviation Safety (AVS), will 
oversee the Air Traffic Organization (ATO), and other organizations 
within the Federal Aviation Administration (FAA) regarding safety 
management of the air traffic system. AOV's safety oversight 
responsibilities remain the same whether certain Air Traffic 
requirements are contained in 14 CFR or in FAA Orders. Thus, there is 
no erosion of oversight of these important training and certification 
requirements.
    NATCA notes that military and Department of Defense civilian

[[Page 46793]]

controllers, as well as controllers working in Federal Contract Towers, 
are issued CTO certificates. NATCA states that these air traffic 
controllers, as well FAA air traffic controllers, regularly transfer 
between these employers. NATCA is concerned these transfers will be 
stifled or new bureaucracies will need to be created to ensure 
equivalent qualifications before transfer.
    The underlying requirements for the FAA Credential encompass those 
of the CTO certificate. In addition, the FAA Credential includes the 
biennial skills evaluation discussed previously. Therefore, the FAA 
does not expect movement between employers to be stifled.
    NATCA states that the FAA's final rule does not address how the FAA 
will maintain CTO certificates for incumbent employees for whom they 
will not be eliminated.
    The procedures for current CTO certificate holders have not 
changed. Therefore, no additional changes were needed to 14 CFR part 
65.
    NATCA states that FAA should have collaborated with them on the 
development of any changes to the CTO certification process.
    The FAA followed the procedures and requirements of the 
Administrative Procedure Act as well as those prescribed by FAA Order 
1320.1.
    Finally, NATCA requested that the FAA withdraw the rule and include 
FAA Credential holders in 14 CFR part 65. NATCA notes that under such 
an amendment, all certified controllers, whether holding a CTO 
certificate or an FAA Credential would be subject to the same rules, 
any subsequent rule changes would be subject to due process because 
they would require amendments to 14 CFR, and it would eliminate 
redundant processes.
    The FAA followed the requirements in the Administrative Procedure 
Act and FAA Order 1320.1. Because FAA Orders serve as the primary means 
within the FAA to issue, establish, and describe agency policies, 
organization, responsibilities, methods, and procedures for FAA 
employees, the FAA has determined its actions are appropriate and have 
eliminated redundant processes.

Conclusion

    After consideration of the comment submitted in response to the 
final rule, the FAA has determined that no revisions to the rule are 
warranted.

    Issued in Washington, DC on July 27, 2015.
Anthony S. Ferrante,
Director, Air Traffic Safety Oversight Service.
[FR Doc. 2015-19278 Filed 8-5-15; 8:45 am]
 BILLING CODE 4910-13-P