[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1292-1307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00199]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 183

[Docket No.: FAA-2010-1127; Amdt. Nos. 61-135 and 183-15]
RIN 2120-AJ42


Student Pilot Application Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action requires applicants to apply for a student pilot 
certificate through a Flight Standards District Office, designated 
pilot examiner, airman certification representative associated with a 
pilot school, or certified flight instructor. Aviation Medical 
Examiners will no longer issue a combination medical certificate and 
student pilot certificate. Student pilot certificates will be issued on 
the same medium as other pilot certificates and will have no expiration 
date. All student pilot certificates issued before the effective date 
of this final rule will expire according to their terms unless they are 
replaced by another pilot certificate. This final rule responds to 
section 4012 of the Intelligence Reform and Terrorism Prevention Act 
and facilitates security vetting by the Transportation Security 
Administration of student pilot applicants prior to certificate 
issuance. This action withdraws the proposal for pilot certificates to 
include a photograph of the individual pilot. Section 321 of the FAA 
Modernization and Reform Act of 2012 supersedes section 4022 of the 
Intelligence Reform and Terrorism Prevention Act, which provided the

[[Page 1293]]

basis for the proposed rule. The FAA intends to publish in the future a 
proposed rule that would implement section 321. Additionally, this 
action withdraws the proposal to implement fees for pilot certificates.

DATES: This rule is effective April 1, 2016.

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

FOR FURTHER INFORMATION CONTACT: Trey McClure, Airmen Certification and 
Training Branch, AFS-810, Flight Standards Service, Federal Aviation 
Administration, 55 M Street SE., 8th Floor, Washington, DC 20003; 
telephone (202) 267-1100; email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
    A. Purpose of Action
    B. Student Pilot Application Requirements: Summary of Current, 
Proposed, and Finalized Provisions
    C. Costs and Benefits of the Final Rule
II. Authority for This Rulemaking
III. Background
    A. Congressional Mandate
    B. Related Actions
    C. Summary of the NPRM
    D. General Overview of Comments
    E. Summary of Final Rule
IV. Discussion of Public Comments and Final Rule
    A. Photo on Pilot Certificates
    B. Application Process for Pilot Certificates With Photo Other 
Than Student Pilot Certificates
    C. Requiring Student Pilots To Obtain a Plastic Pilot 
Certificate
    D. Duration of Photo on Pilot Certificate
    E. Fees for Issuing Pilot Certificates With Photo
    F. Implementation Process
    G. Regulatory Evaluation
    H. Miscellaneous Comments
    1. Redesigning Pilot Certificate
    2. Proposed Sec.  61.3--Requirements for Certificates, Ratings, 
and Authorizations
V. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. Privacy Impact Assessment
    G. International Compatibility and Cooperation
    H. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 12866
    B. Executive Order 13132, Federalism
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory 
Cooperation
VII. How To Obtain Additional Information
    A. Rulemaking Documents
    B. Comments Submitted to the Docket
    C. Small Business Regulatory Enforcement Fairness Act

Abbreviations Frequently Used in This Document

ACR--Airman certification representative
AME--Aviation medical examiner
ASI--Aviation safety inspector
AST--Aviation safety technician
CFI--Certified flight instructor
DPE--Designated pilot examiner
FSDO--Flight standards district office
IRTPA--Intelligence Reform and Terrorism Prevention Act
KTC--Knowledge testing center
NPRM--Notice of proposed rulemaking

I. Executive Summary

A. Purpose of Action

    As discussed in greater detail throughout this document, this 
rulemaking requires student pilots to apply for, obtain, and carry a 
plastic pilot certificate to exercise the privileges of the pilot 
certificate. Additionally, it modifies the process by which student 
pilots apply for a certificate. This rulemaking withdraws the proposals 
to require all pilots to carry a pilot certificate with a photo of the 
pilot and to implement a fee structure for pilot certificates. A 
comparison of current requirements, requirements proposed in the 
November 19, 2010 notice of proposed rulemaking (NPRM) (75 FR 70871), 
and new requirements adopted by this final rule are included in the 
following table.

B. Student Pilot Application Requirements: Summary of Current, 
Proposed, and Finalized Provisions

----------------------------------------------------------------------------------------------------------------
             Scenario                 Current regulations             2010 NPRM          Final rule requirements
----------------------------------------------------------------------------------------------------------------
Digital Photos on all Pilot         No photo on        Photo on pilot    No change from
 Certificates.                      pilot certificate.         certificate.              current regulations.
                                    Pilot must have    Pilot must
                                    photo identification on    carry pilot certificate
                                    the person and in the      with photo according to
                                    physical possession or     proposed implementation
                                    readily accessible in      schedule.
                                    the aircraft when
                                    exercising the
                                    privileges of the pilot
                                    certificate or
                                    authorization.
Application and Certificate         A student pilot    A student pilot   A student pilot
 Issuance.                          typically obtains a        applicant would not be    applicant would not be
                                    combination medical        issued a student pilot    issued a student pilot
                                    certificate and student    certificate at the time   certificate at the time
                                    pilot certificate from     of application.           of application.
                                    an aviation medical        A student pilot   A student pilot
                                    examiner (AME).            must obtain a student     must obtain a student
                                    A student pilot    pilot certificate that    pilot certificate that
                                    applicant may obtain a     is issued by the Civil    is issued by the Civil
                                    student pilot              Aviation Registry prior   Aviation Registry prior
                                    certificate from an        to exercising the         to exercising the
                                    aviation safety            privileges of the         privileges of the
                                    inspector (ASI) or         student pilot             student pilot
                                    aviation safety            certificate.              certificate.
                                    technician (AST) located   An AME would      An AME would
                                    at a Flight Standards      not issue a combination   not issue a combination
                                    District Office (FSDO)     medical certificate and   medical certificate and
                                    throughout the country.    student pilot             student pilot
                                    A student pilot    certificate or accept     certificate or accept
                                    applicant may obtain a     an application for a      an application for a
                                    student pilot              student pilot             student pilot
                                    certificate from a         certificate.              certificate.
                                    designated pilot           A student pilot   A student pilot
                                    examiner (DPE).            applicant could apply     applicant could apply
                                                               in person with an ASI     in person with an ASI
                                                               or AST at a FSDO.         or AST at a FSDO.
                                                               A student pilot
                                                               applicant could apply
                                                               in person with a DPE.

[[Page 1294]]

 
                                                               A student pilot   A student pilot
                                                               applicant could apply     applicant could apply
                                                               in person at a            in person with a DPE.
                                                               Knowledge Testing         A student pilot
                                                               Center (KTC).             applicant may apply in
                                                                                         person at with an
                                                                                         airman certification
                                                                                         representative (ACR)
                                                                                         associated with a part
                                                                                         141 pilot school.
                                                                                         A student pilot
                                                                                         applicant may apply in
                                                                                         person with a certified
                                                                                         flight instructor
                                                                                         (CFI).
Implementation Schedule..........   None previously    A 5-year phased   An effective
                                    required. Proposals were   implementation schedule   date of 180 days from
                                    based upon the             that included a           the date of publication
                                    implementation of          ``trigger-based''         in the Federal
                                    digital photos on all      approach to issue pilot   Register.
                                    pilot certificates.        certificates with         Current student
                                                               photos to people          pilot certificate
                                                               interacting with the      holders may continue
                                                               FAA and a ``non-trigger   exercising the
                                                               based'' approach that     privileges of the
                                                               required pilots to        student pilot
                                                               obtain a pilot            certificate until the
                                                               certificate with a        certificate expires
                                                               photo during a 3-, 4-,    according to its
                                                               or 5-year period          current terms.
                                                               depending on the type     The FAA will
                                                               of certificate.           charge a $2 fee for
                                                               An effective      replacement of a pilot
                                                               date of the first day     certificate including a
                                                               of the calendar month     student pilot
                                                               following 60 days from    certificate which is
                                                               the date of publication   consistent with
                                                               in the Federal Register.  existing Sec.   187.5.
Fees.............................   The FAA charges    The FAA would
                                    a $2 fee for               charge $22 for initial
                                    replacement, duplicate,    issuance or renewal of
                                    or facsimile of a pilot    a pilot certificate.
                                    certificate.
Expiration date..................   The student        The student       The student
                                    pilot certificate is       pilot certificate would   pilot certificate has
                                    valid for a period of 24   have no expiration        no expiration date.
                                    or 60 calendar months      date, although the
                                    after the date of          photo would need to be
                                    issuance, depending on     updated every 8 years
                                    the age of the student     to continue exercising
                                    pilot.                     privileges of the
                                                               student pilot
                                                               certificate.
Student Pilot Endorsements.......   Flight             Flight            Flight
                                    Instructor endorses the    Instructor would          Instructor endorses the
                                    student pilot              endorse the student's     student's logbook.
                                    certificate and the        logbook.
                                    student's logbook.
----------------------------------------------------------------------------------------------------------------

C. Costs and Benefits of the Final Rule

    The FAA estimates that the total costs for the final rule will be 
from $17 to $20.9 million over a ten-year period (2015-2024), which has 
a present value of $12.2 to $14.9 million using a 7 percent discount 
rate and has a present value of $14.7 to $18 million using a 3 percent 
discount rate.
    Total costs to student pilots, including the time to complete and 
process paperwork, will be from $7.1 to $11 million during the next ten 
years, which has a present value of $5 to $7.7 million using a 7 
percent discount rate and has a present value of $6.1 to $9.4 million 
using a 3 percent discount rate.
    The FAA, in turn, will incur total unreimbursed costs of about $9.8 
million to process the information, which has a present value of about 
$7.1 million using a 7 percent discount rate and has a present value of 
$8.5 million using a 3 percent discount rate.
    Some authorized individuals \1\ will incur about $70,000 over the 
next 10 years in mailing expenses to send student pilot applications to 
FAA's Civil Aviation Registry, which has a present value of about 
$50,000 using a 7 percent discount rate and has a present value of 
$60,000 using a 3 percent discount rate.
---------------------------------------------------------------------------

    \1\ As discussed later in this document, an authorized 
individual is an ASI or AST at a FSDO, a DPE, an ACR associated with 
a part 141 pilot school, or a CFI who may accept a student pilot 
certificate application and verify the applicant's identity.
---------------------------------------------------------------------------

    This rulemaking facilitates security vetting of all pilot 
certificate applicants before the FAA issues a pilot certificate. The 
FAA notes that following the direction of Congress provides a 
sufficient reasoned determination to justify the costs. These potential 
benefits are not quantifiable. The following table provides a summary 
of the cost-benefit analysis.

                                                      Table of Costs and Benefits of the Final Rule
                                                                       [2015-2024]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Total cost                                     Present value
                                                         -----------------------------------------------------------------------------------------------
                     Affected group                                                                  7 Percent                       3 Percent
                                                               Lower           Upper     ---------------------------------------------------------------
                                                                                               Lower           Upper           Lower           Upper
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                (Millions, 2014 $)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Student Pilots..........................................            $7.1           $11.0            $5.0            $7.7            $6.1            $9.4
                                                         -----------------------------------------------------------------------------------------------

[[Page 1295]]

 
FAA.....................................................               $9.8
                                                                       $7.1
                                                                       $8.5
Authorized Individuals..................................               $0.07
                                                                       $0.05
                                                                       $0.06
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           $17.0           $20.9           $12.2           $14.9           $14.7           $18.0
--------------------------------------------------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                    Total benefits        PV benefits
------------------------------------------------------------------------
Total Social Benefit............             Not quantifiable
------------------------------------------------------------------------

    Note: The sum of individual items may not equal totals due to 
rounding.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    Under Subtitle VII, Part A, Subpart iii, Section 44703(b)(1)(C), 
the FAA may define the terms of an airman certificate that the FAA 
Administrator finds necessary to ensure safety in air commerce. 
Additionally, Subtitle VII, Part A, Subpart iii, Section 44703(g)(1) 
permits modifications to the airman certification system to make it 
more efficient in serving the needs of those enforcing laws related to 
combating acts of terrorism by ensuring verifiable identification of 
individuals applying for airman certificates. In Section 4012(a)(1) of 
the Intelligence Reform and Terrorism Prevention Act (IRTPA),\2\ 
Congress required the Transportation Security Administration (TSA), in 
coordination with the FAA, to vet individuals against the terrorist 
watch lists prior to FAA certificate issuance.
---------------------------------------------------------------------------

    \2\ Public Law 108-458, 118 Stat. 3638 (Dec. 17, 2004) (codified 
at 49 U.S.C. 44903(j)(2)(D)).
---------------------------------------------------------------------------

    This rulemaking is within the scope of that authority because it 
facilitates security vetting of all pilot certificate applicants before 
the FAA issues a pilot certificate.

III. Background

A. Congressional Mandate

    On December 17, 2004, the President signed IRTPA. Section 4022 of 
that law requires the FAA to issue improved pilot certificates that (1) 
are resistant to tampering, altering, or counterfeiting; (2) include a 
photograph of the individual to whom the certificate is issued; and (3) 
are capable of accommodating a digital photograph, a biometric 
identifier, or any other unique identifier the FAA Administrator 
considers necessary. The law also allows the Administrator to use 
designees to carry out this mandate. IRTPA also amended Title 49 of the 
United States Code by requiring TSA, in coordination with the FAA, to 
screen individuals ``against all appropriate records in the 
consolidated and integrated terrorist watchlist maintained by the 
Government before being certificated by the FAA.'' \3\
---------------------------------------------------------------------------

    \3\ 49 U.S.C. 44903(j)(2)(D).
---------------------------------------------------------------------------

    On February 14, 2012, the President signed the FAA Modernization 
and Reform Act of 2012.\4\ Section 321 of that law directs the FAA to 
issue improved pilot certificates consistent with certain requirements. 
The improved pilot certificates must be compliant with Federal 
Information Processing Standards-201 (FIPS-201) or Personal Identity 
Verification--Interoperability Standards (PIV-I) for processing through 
security checkpoints into airport sterile areas. The certificates must 
be resistant to tampering, alteration, and counterfeiting; must include 
a photograph of the individual to whom the certificate is issued for 
identification purposes; and must be a smart card, which is able to 
accommodate iris and fingerprint biometric identifiers. Additionally, 
section 122 of that Act directs the FAA to establish and collect fees 
for certain airman certification and aircraft registration activities 
to recover the cost of providing those services.
---------------------------------------------------------------------------

    \4\ Public Law 112-95, 126 Stat. 11 (Feb. 14, 2012).
---------------------------------------------------------------------------

    Sections 321 and 122 supersede the authority under which the FAA 
published the NPRM proposing to implement the requirements of IRTPA. 
Accordingly, the FAA withdraws the portions of the proposal that 
address photographs and fees for certificate issuance. The FAA has 
initiated other rulemakings to address the requirements stemming from 
sections 321 (RIN 2120-AK33) and 122 (RIN-2120-AK37). The FAA is 
issuing this final rule to address the requirements in section 4012 of 
IRTPA to ensure vetting of all student pilots prior to certificate 
issuance.

B. Related Actions

    The Federal Aviation Administration Drug Enforcement Assistance Act 
of 1988 (``DEA Act''),\5\ identified deficiencies in the FAA's aircraft 
registration and pilot certification systems.\6\ The FAA published an 
NPRM to address the deficiencies but withdrew the NPRM after 
determining that technological improvements could accomplish most 
requirements of the DEA Act.\7\ As part of the technological 
improvements, the FAA discontinued issuing paper pilot certificates and 
began issuing plastic pilot certificates in 2003. The plastic 
certificates are made of high quality plastic card stock and contain 
such tamper- and counterfeit-resistant features as micro printing, a 
hologram, and a UV-sensitive layer as well as a magnetic strip that 
contains a unique identifier.
---------------------------------------------------------------------------

    \5\ Public Law 100-690, 102 Stat. 4181 (Nov. 18, 1988).
    \6\ See sections 7203(a) and 7205(a), Public Law 100-690.
    \7\ 70 FR 72403 (Dec. 5, 2005).
---------------------------------------------------------------------------

    On January 5, 2007, the FAA published the Drug Enforcement 
Assistance NPRM.\8\ That NPRM proposed changes to the airman 
certification and aircraft registration requirements to comply with the

[[Page 1296]]

mandates of the DEA Act that could not be completed without rulemaking. 
Among other requirements, the NPRM proposed requiring holders of pilot 
certificates and other airmen certificates to hold a plastic 
certificate to exercise the privileges of that certificate.
---------------------------------------------------------------------------

    \8\ 72 FR 489.
---------------------------------------------------------------------------

    On February 28, 2008, the FAA published the Drug Enforcement 
Assistance final rule (``the DEA final rule'').\9\ In that rule, the 
FAA required all pilots, except student pilots, to obtain a plastic 
certificate by March 31, 2010. After that date, pilots without plastic 
certificates could not exercise the privileges of their certificates. 
The DEA final rule also satisfied the IRTPA requirement to issue pilot 
certificates that are resistant to tampering, altering, and 
counterfeiting.
---------------------------------------------------------------------------

    \9\ 73 FR 10662.
---------------------------------------------------------------------------

C. Summary of the NPRM

    On November 19, 2010, the FAA published an NPRM titled ``Photo 
Requirements for Pilot Certificates.'' \10\ The NPRM proposed to 
further fulfill the requirements of section 4022 of the IRTPA by 
requiring a photo of the pilot on all plastic pilot certificates, 
including student pilot certificates. The FAA also proposed a $22 fee 
to process an application for: (1) Exchanging an existing certificate 
without a photo for a certificate with photo; (2) issuing a new pilot 
certificate or student pilot certificate; and (3) replacing a pilot 
certificate with photo whenever a replacement certificate is requested 
by a pilot or required by regulation. The FAA proposed that pilots be 
required to update their photo every 8 years.
---------------------------------------------------------------------------

    \10\ 75 FR 70871.
---------------------------------------------------------------------------

    The FAA proposed to begin issuing a pilot certificate with photo to 
applicants for a new pilot certificate once the rule became effective. 
To minimize the burden of reissuance on existing certificate holders, 
the FAA proposed a 5-year implementation period. During the 
implementation period, the FAA proposed that pilots be required to 
exchange their non-photo pilot certificates for pilot certificates with 
photo when they interacted with the FAA. These ``triggering events'' 
included activities such as upgrading a certificate, obtaining or 
renewing a flight instructor certificate, or replacing a pilot 
certificate due to change of name, citizenship, date of birth, or 
change of gender. For pilots who would not otherwise have a need to 
interact with the FAA during the implementation period, the FAA 
proposed a phased approach, with different compliance dates for 
different categories of pilots.
    The NPRM also described the proposed process for submitting an 
application for a pilot certificate with photo. To receive their 
initial pilot certificates with photo, the FAA proposed that all pilots 
appear in person to have their identities verified. The FAA proposed 
allowing FSDOs or other approved FAA designees such as DPEs or KTCs to 
accept the applications and verify pilots' identities. Pilots would 
still be able to replace lost or destroyed certificates with or without 
photo by mail or via the Airman Certification Branch's Web page on the 
FAA Web site.
    The proposed rule applied to all pilots, including student pilots. 
The FAA proposed that student pilots obtain a plastic certificate with 
photo instead of a paper certificate. The plastic pilot certificate 
with photo would not have an expiration date. However, the FAA proposed 
that certificate holders be required to submit a new photo every 8 
years. Because the student pilot certificate would be plastic and 
contain a photo, the FAA proposed that AMEs no longer issue student 
pilot certificates or combination medical certificates and student 
pilot certificates. Students would continue to receive their medical 
certificates from AMEs but would go to a FSDO, DPE, KTC, or other 
approved FAA designee to apply for a student pilot certificate with 
photo. Additionally, because the new student pilot certificates would 
be plastic, the FAA proposed that flight instructors endorse only 
students' logbooks.

D. General Overview of Comments

    The FAA received approximately 470 comments to the NPRM. Most were 
from individual pilots. In addition, the agency received comments from 
Transport Canada, the Society of Aviation and Flight Educators (SAFE), 
the National Association of Flight Instructors (NAFI), the Air Line 
Pilots Association (ALPA), the Helicopter Association International 
(HAI), the Aircraft Owners and Pilots Association (AOPA), the 
Experimental Aircraft Association (EAA), the National Air 
Transportation Association (NATA), and the United States Pilots 
Association (USPA). Most of the commenters opposed the concept of 
adding a photo to the pilot certificate, as well as the proposal to 
require student pilots to have a certificate with a photo. Commenters 
also suggested changes to the proposals, which are discussed more fully 
later in this document.
    The FAA received comments on the following general areas of the 
proposal:
     Requirement of a photo on pilot certificates.
     Fees for obtaining new, replacement, or renewed a pilot 
certificate with photo.
     Inclusion of students in the requirement to have 
certificates with photo.
     Duration of the photo on the certificate.
     Application process for new, replacement, or renewed pilot 
certificates with photo.
     Implementation process using ``trigger'' events and phased 
deadlines.
     Regulatory evaluation.
     Lack of security benefits by adding a photograph.

E. Summary of Final Rule

    This rule adopts the proposal to require student pilots to carry a 
plastic certificate and apply in person for a student pilot certificate 
at a FSDO, through a DPE, with an ACR associated with a part 141 pilot 
school, or with a CFI. This rule withdraws the remaining proposals.
    Student pilots will receive plastic student pilot certificates 
instead of a paper student pilot certificate or combination medical 
certificate and student pilot certificate. The cost to replace a 
student pilot certificate will be $2, the same as other certificates. 
This current nominal fee defrays part of the Registry's cost of 
replacing the pilot certificate. The plastic certificates will not 
expire, which will give the student unlimited time to complete training 
without having to apply for another student pilot certificate.
    AMEs no longer will issue a combination medical certificate and 
student pilot certificate or accept an application for a student pilot 
certificate. An applicant must appear in person to apply for a student 
pilot certificate at a FSDO, through a DPE, with an ACR associated with 
a part 141 pilot school, or with a CFI. The Civil Aviation Registry 
will send a plastic student pilot certificate to the applicant after 
successful completion of security vetting by TSA. Receipt of a student 
pilot certificate is required prior to exercising the privileges of a 
student pilot certificate (i.e., prior to solo flight). Finally, 
because the student pilot certificate will be plastic, flight 
instructors will endorse only students' logbooks instead of their 
certificates and logbooks. After April 1, 2016, CFIs no longer must 
endorse a student pilot certificate regardless of certificate media. 
Thus, all endorsements for student pilots will be placed in the 
logbook. The validity period of a CFI's endorsement for a student pilot 
will remain unchanged at 90 days.

[[Page 1297]]

    Student pilots who have been issued a paper student pilot 
certificate or combination medical certificate and student pilot 
certificate may continue to use their paper certificate. These 
currently-issued student pilot certificates will expire according to 
the requirements of Sec.  61.19(b).\11\ Holders of a paper student 
pilot certificate (FAA form 8710-2 or FAA Form 8420-2 Medical 
Certificate and Student Pilot Certificate) may request from the Civil 
Aviation Registry a replacement (plastic) student pilot certificate 
that does not expire for a $2 fee, which is the current charge for a 
replacement.
---------------------------------------------------------------------------

    \11\ Regardless of whether the student pilot is issued a student 
pilot certificate or combination medical certificate and student 
pilot certificate, the student pilot certificate expires under a 
calculation from the medical certificate examination date according 
to the requirements of Sec.  61.19(b), which is either 24 or 60 
calendar months from the date of the medical examination, depending 
on the age of the pilot.
---------------------------------------------------------------------------

IV. Discussion of Public Comments and Final Rule

A. Photo on Pilot Certificates

    In the NPRM, the FAA proposed to include a photo of the individual 
pilot on all pilot certificates to comply with section 4022 of IRTPA.
    A total of 382 comments specifically addressed the issue of adding 
a photo to pilot certificates. Of these commenters, only 47 commenters 
supported the idea. Most of the supportive commenters stated that the 
proposal would ensure the certificate holder is who he or she claims to 
be and make certificates more difficult to forge. A few believed the 
addition of a photo would make the pilot certificate appear more 
``professional.'' The remainder expressed support for adding a photo 
without providing a reason. NAFI and NATA were among the supporters of 
adding a photo to the pilot certificate, but they expressed concern 
over some of the other proposals in the NPRM and suggested some 
changes. An additional four commenters, including EAA, supported the 
idea of a photo on the pilot certificate only if compliance was 
voluntary. Three commenters suggested also adding a photo to other 
certificates, such as mechanic and repairman certificates.
    A total of 335 commenters, including USPA, opposed the proposal to 
add a photo to the pilot certificate. Most of these commenters stated 
the current requirement to carry a form of government-issued photo 
identification in addition to the pilot certificate was simple, 
adequate, and should be continued. Many claimed the proposal would do 
nothing to increase security or safety, because certificates could 
still be forged, and a determined terrorist would not be deterred. 
Others stated that a photo on a certificate would not increase security 
because pilots were seldom, if ever, asked to present a pilot 
certificate before flying. Additionally, 10 commenters, including SAFE, 
NAFI, and AOPA, stated that the proposal would not effectively increase 
security or meet the requirements of IRTPA because the certificate 
would lack a biometric other than a photo.
    Thirty-one commenters proposed exemptions for certain categories of 
non-student pilots, such as flight instructors, sport pilots, and any 
already-certificated pilots. These commenters included SAFE, NAFI, HAI, 
and AOPA, who all called for exempting flight instructor certificates 
because those certificates must be renewed every 2 years. The 
commenters also stated that requiring instructors to pay the proposed 
certificate renewal fee more frequently than other pilots would impose 
an unfair burden on this pilot population. Additionally, because flight 
instructor certificates are not valid without an underlying pilot 
certificate, these organizations believed requiring a photo on the 
flight instructor certificates would be redundant. ALPA requested an 
exemption for part 121 and 135 pilots, stating that extensive 
background checks and TSA-issued credentials mean these pilots are less 
of a security threat than other pilots.
    Eleven commenters, including SAFE, supported pilot certificates 
with photo only if the new certificate provided additional benefits, 
such as allowing access through TSA checkpoints or replacing airport-
specific badges. Many of these commenters stated that pilots would be 
unwilling to pay a fee for the certificate with photo unless they saw a 
substantial personal benefit, such as allowing unescorted access to 
airports or faster checkpoint clearance. SAFE commented that if the FAA 
were to modify the pilot certificate in a manner that would be 
compliant with TSA security requirements, such as adding ``smart card'' 
or biometric features, the pilot certificate might be able to replace 
the airport-specific badges pilots currently must carry. Carrying one 
card instead of several would reduce the burden on pilots.
    As discussed earlier, sections 321 and 122 of Public Law 112-95, 
which was enacted while this rulemaking was pending, supersedes section 
4022 of IRTPA. Accordingly, the FAA withdraws the proposals to include 
a photo of the pilot on the pilot certificate and the proposed $22 
pilot certificate fee. The FAA has initiated other rulemakings to 
address sections 321 and 122.

B. Application Process for Pilot Certificates With Photo Other Than 
Student Pilot Certificates

    Currently, pilots must appear in person in order to upgrade a 
certificate or to add a rating. Additionally, a pilot who wants to 
change any vital information on the certificate must also appear in 
person. The FAA requires pilots to appear in person before an FAA ASI, 
AST, or an approved designee in these instances because they involve 
identity verification; an examination of skills or knowledge; 
verification of records; or a combination of these requirements. If a 
pilot certificate is lost or destroyed, the pilot may apply for a 
replacement online or by mail under current rules.
    In the NPRM, the FAA proposed that pilots must appear in person for 
the purpose of identity verification in the following circumstances: 
when applying for a non-student pilot certificate with photo for the 
first time; when changing vital information on the certificate (such as 
name, date of birth, citizenship, or gender); and when upgrading a 
certificate or adding a rating. For these in-person applications, the 
FAA proposed that a pilot must appear at a FSDO or an FAA designee. 
Applicants would also need to provide a photo as part of the 
application process. For a replacement of a lost or destroyed pilot 
certificate, a pilot could submit an application in person, through the 
mail, or online.
    Two commenters stated that the proposed non-student pilot 
certificate application process was adequate and would not impose a 
burden on pilots. Twenty-seven commenters stated that the proposed 
application process was too burdensome for pilots. They claimed that 
the hours of operation for FSDOs are inconvenient for most people, and 
that scheduling an appointment is difficult. They also asserted that 
many pilots live far away from FSDOs or FAA designees. Commenters 
contended the travel distance, fuel costs, time away from work, and 
possible hotel room costs incurred while traveling to a FSDO or 
approved FAA designee would put a financial strain on pilots. 
Additionally, commenters claimed that allowing DPEs to charge an 
unspecified fee for accepting applications would further increase the 
financial cost to pilots. Other commenters noted the difficulty of 
finding an FAA designee in foreign countries.
    Sixty-eight commenters suggested improvements to the proposed 
application process. Of these

[[Page 1298]]

commenters, 23 suggested using State Department of Motor Vehicle (DMV) 
offices in some way, since those offices have experience producing 
identifications with photos and most pilots already use DMVs to obtain 
driver's licenses. For instance, commenters suggested the FAA could 
designate DMVs as portals for accepting pilot certificate applications, 
or even authorize DMVs to issue pilot certificates. Some believed the 
FAA should access DMVs' databases and use those photos on pilot 
certificates, thus eliminating the need for pilots to provide an 
additional photo for their pilot certificates.
    The second most common suggestion was for the FAA to make the pilot 
certificate application process web-based. Twenty commenters stated 
that it would be more convenient and less costly for pilots to submit 
applications and photos through a web-based system, such as the FAA's 
Integrated Airman Certification and/or Rating Application (IACRA). They 
said that submitting applications online would save time for pilots, 
especially those pilots living in rural areas. Some commenters stated 
that even if the FAA still required in-person application submissions 
in some instances, electronic submissions would at least be easier for 
the FSDO or FAA designee to handle than paper submissions. Electronic 
submissions would also reach the FAA faster than paper submissions, 
reducing delays in processing applications and issuing certificates. 
SAFE, NAFI, and HAI supported this idea.
    Sixteen commenters suggested the FAA authorize the U.S. Postal 
Service to accept pilot certificate applications and photos and to 
verify the identity of the applicant, similar to the way many post 
offices accept passport applications. The commenters noted that most 
pilots live closer to a post office than to a FSDO or pilot school. The 
commenters also noted the hours of operation for post offices are often 
more convenient.
    Another suggestion from seven commenters was to work in conjunction 
with the U.S. State Department because of its experience issuing 
passports with photos. These commenters stated that pilots who already 
have U.S. passports could save time and money if the FAA had a method 
of accessing the passport photo database and adding those photos to 
pilot certificates. Since the FAA's proposal for photo requirements is 
identical to the requirements for passport photos, the commenters 
believed the photos in the passport database should be adequate for use 
on pilot certificates.
    Several commenters suggested increasing the types of persons the 
FAA could use as designees to accept applications and verify 
identities. Among the persons suggested as additional FAA designees 
were ACRs, flight instructors, and carrier personnel such as check 
airmen and directors of training and operations. The commenters 
believed that authorizing more persons to accept applications and 
verify identities would make the application process more convenient 
for pilots.
    Finally, a few commenters, including EAA, suggested that the FAA 
accept pilot certificate applications and photos at major aviation 
events such as AirVenture Oshkosh and Sun `n Fun. They stated that 
since the FAA usually sends representatives to such events, it would be 
logical to allow those representatives to accept applications and 
photos and verify identities. It would also be convenient for pilots 
who live far from a FSDO or other designated portal, but who regularly 
attend these events.
    As stated earlier, the FAA withdraws the proposal to issue pilot 
certificates with a photo. The FAA will consider the additional 
suggestions as it develops an NPRM for Pilot Certificate with 
Photograph and Biometric Information (RIN 2120-AK33).

C. Requiring Student Pilots To Obtain a Plastic Pilot Certificate

    Under current regulations, student pilots hold paper certificates. 
Paper student pilot certificates are valid for either 24 or 60 calendar 
months, depending on the age of the student pilot at the time of 
issuance.
    In the NPRM, the FAA proposed to treat student pilots like other 
pilots and require them to obtain a plastic student pilot certificate 
with a photo. The FAA proposed that the new student pilot certificate 
would not have an expiration date. However, the student pilot would 
have to renew the photo every 8 years in order to continue exercising 
the privileges of the student pilot certificate. The FAA proposed that 
only the FAA Civil Aviation Registry would issue pilot certificates 
with a photo. DPEs and AMEs would no longer issue student pilot 
certificates. DPEs, however, would be able to accept applications for 
student pilot certificates with photo. Additionally, the FAA proposed 
that because new student pilot certificates would be plastic, flight 
instructors would endorse only student pilot logbooks instead of 
student pilot certificates and logbooks.
    This final rule will require persons to apply for a student pilot 
certificate at a FSDO, through a DPE, with an ACR associated with a 
part 141 pilot school, or with a CFI. The applicant must receive a 
plastic student pilot certificate from the Civil Aviation Registry 
prior to exercising the privileges of a student pilot certificate 
(i.e., conducting a solo flight). However, the FAA will allow current 
student pilot certificate holders to continue exercising privileges of 
their student pilot certificate until the certificate expires according 
to Sec.  61.19(b). In other words, this final rule does not require the 
holder of a paper student pilot certificate to surrender that 
certificate and replace it with a plastic student pilot certificate. 
Student pilot applicants will no longer be able to obtain paper student 
pilot certificates at the time of application. This final rule 
eliminates the need for FAA Form 8710-2, the Student Pilot Certificate. 
As discussed earlier, the FAA withdraws the portion of this proposal 
related to including a photo of the pilot on the pilot certificate, as 
well as the requirement that the photo be renewed every 8 years.
    Numerous commenters questioned the proposed application process for 
a student pilot certificate, as discussed earlier with respect to all 
pilot certificates. An individual commenter suggested that CFIs could 
verify a student pilot applicant's photograph identification and enter 
the data into IACRA for transmittal to the Civil Aviation Registry. 
Permitting CFIs to accept applications for student pilot certificates 
would reduce the burden on applicants.
    In light of the comments, and because of the narrower scope of this 
final rule, the FAA has reconsidered who may accept an application.
    As proposed, AMEs will not issue a combination medical certificate 
and student pilot certificate at the time of a medical examination nor 
accept an application for a student pilot certificate. Accordingly, 
Sec.  183.21 is amended to remove the privilege for AMEs to issue 
student pilot certificates.
    Though not proposed, the FAA has concluded that permitting CFIs to 
accept a student pilot application significantly reduces the travel 
burden associated with a student pilot certificate application. A 
person applying for a student pilot certificate would engage and visit 
a CFI to conduct flight training, and an applicant could complete the 
application during any flight training session. Additionally, TSA 
regulations currently require CFIs to verify a student pilot's identity 
under 49 CFR 1552.3(h)(1). That section

[[Page 1299]]

requires a flight school \12\ to endorse a pilot logbook verifying that 
the student is a U.S. citizen and presented identification prior to 
flight training, which likely would be the same time that a person 
would apply for a student pilot certificate. Accordingly, the 
privileges of a CFI under Sec. Sec.  61.193 and 61.413 have been 
amended by this final rule to allow CFIs to accept a student pilot 
application, verify the applicant meets the eligibility requirements in 
Sec.  61.83, and verify the applicant's identity in accordance with TSA 
security vetting requirements as described in Appendix 2 of Advisory 
Circular 61-65, Certification: Pilots and Flight and Ground 
Instructors. CFIs will not be able to issue a student pilot certificate 
and will follow the application acceptance process as discussed in the 
following paragraphs.
---------------------------------------------------------------------------

    \12\ TSA defines a flight school as any pilot school, flight 
training center, air carrier training facility, or flight instructor 
certificated under 14 CFR parts 61, 121, 135, 141, or 142. 49 CFR 
1552.1(b).
---------------------------------------------------------------------------

    Additionally, an ASI or AST at a FSDO, a DPE, or an ACR associated 
with a part 141 pilot school will continue to be able to accept an 
application and verify the applicant's identity, but they will not be 
able to issue a student pilot certificate. These individuals, along 
with CFIs, are referred to collectively as authorized individuals for 
the purposes of application acceptance in this discussion.
    The FAA is withdrawing the proposal to permit KTCs to accept an 
application due to potential added costs to equip and train KTC 
personnel and also because KTC personnel currently are not authorized 
to accept an application for an airman certificate. Withdrawing the 
portion of the NPRM that requires all pilots to obtain a pilot 
certificate with a photo significantly reduces the number of 
individuals affected by this final rule. The reduced number of affected 
applicants does not justify the resources necessary to designate and 
train KTCs on accepting applications. Furthermore, by permitting CFIs 
to accept an application for a student pilot certificate, applicants 
will have no additional travel burden associated with their student 
pilot certificate application because they already will interact with a 
CFI for flight training.
    The FAA expects that all authorized individuals will utilize IACRA 
for the purpose of accepting a student pilot application. IACRA is a 
Web-based certification/rating application that guides the user through 
the FAA's application process. The FAA notes that IACRA currently may 
be used to submit a student pilot application and therefore will not 
require substantial modifications to the Web-based application system. 
However, IACRA will be modified so a student pilot certificate will not 
be issued at the time of application.
    A person who meets the eligibility requirements of a student pilot 
certificate may register as an applicant through IACRA which stores FAA 
form 8710-1 electronically until an authorized individual accesses the 
form. FAA form 8710-1 may be accessed by an authorized individual by 
searching for the person's unique FAA tracking number (FTN) assigned by 
an FAA internal system after the person has completed the required 
items on the student pilot application form. The authorized individual 
will verify that the applicant meets the regulatory eligibility 
requirements, and that the application has been completed properly. 
Additionally, the authorized individual will verify the applicant's 
identity in accordance with TSA security vetting requirements as 
described in Appendix 2 of Advisory Circular 61-65 and input the 
identification data into IACRA when prompted. Once the authorized 
individual has completed the application through IACRA, it will be 
transmitted electronically to the Civil Aviation Registry for 
processing.
    All authorized individuals will have the ability to accept a 
student pilot application in paper format to ensure all applicants have 
uninterrupted ability to apply for an FAA student pilot certificate. 
The same information captured on the paper FAA form 8710-1 is captured 
within IACRA. However, once the authorized individual verifies that the 
application is complete in accordance with the form's instructions and 
FAA Order 8900.1, the Flight Standards Information Management System, 
the individual will send the student pilot application to the Civil 
Aviation Registry via first-class mail. The FAA notes that the 
submittal of a paper FAA form 8710-1 may delay the issuance of a 
student pilot certificate because of mailing time. While an authorized 
individual has the ability to accept a paper FAA form 8710-1, the FAA 
anticipates that a majority of these applications will be submitted via 
IACRA.
    Once a student pilot application is received, the Civil Aviation 
Registry will verify compliance and the accuracy of the application and 
provide the applicant's information to TSA for security vetting prior 
to certificate issuance. Under current FAA procedures, the FAA 
transmits a student pilot's biographic information for security vetting 
to TSA after certificate issuance. However, under this final rule, the 
Civil Aviation Registry will issue the student pilot certificate only 
after receiving a successful response from TSA. The Civil Aviation 
Registry will mail the student pilot certificate via U.S. Postal 
Service to the address listed on the application. All pilots will 
continue to be vetted perpetually thereafter.
    Of the 65 commenters that addressed the proposal to require student 
pilots to obtain a plastic student pilot certificate with a photo, only 
two supported the proposal. They believed that students should be 
treated like any other pilot. One additional commenter stated that 
issuing student pilot certificates that do not expire would be an 
improvement over the current student pilot certificates that are only 
valid for 24 or 60 months, but the commenter did not address any other 
aspects of the student pilot certificate proposal.
    Forty-nine commenters believed student pilots should be exempt from 
the requirement to have a plastic certificate with a photo. Most of 
these commenters, including HAI, AOPA, NATA, EAA, NAFI, and SAFE, 
expressed the belief that the projected 6 to 8 week delay, as stated in 
the NPRM, in waiting for a plastic certificate with a photo would be a 
serious burden for student pilots, who could not fly solo without the 
certificate. Commenters believed that the wait time might discourage 
students from completing their training or from even starting training. 
The result, these commenters claimed, would be a negative impact on 
flight schools and flight instructors. Additionally, some commenters 
stated that since students are under the guidance and supervision of a 
flight instructor, they pose less of a security risk and should be 
exempt from the proposed requirements.
    The FAA will take steps to expedite student pilot applications in 
order for students to receive their student pilot certificates so they 
may exercise the privileges of the certificate as soon as feasible. The 
FAA estimates that the turnaround time for student pilot certificates 
can be reduced to an average of 3 weeks or less, provided that initial 
security vetting by TSA indicates that the applicant is eligible for 
the certificate. If an applicant is deemed ineligible by TSA on 
security grounds, he or she will be able to seek redress through TSA's 
administrative procedures.
    Thirteen commenters suggested that if students must obtain a 
plastic certificate with a photo, they should immediately receive a 
temporary paper certificate (with or without a photo) that would

[[Page 1300]]

allow them to fly solo while waiting to receive the plastic certificate 
with photo. Organizations that proposed a temporary student pilot 
certificate included SAFE, NAFI, and AOPA; although all three believed 
students should ideally be exempted from the requirement to hold a 
certificate with a photo.
    IRTPA required that security vetting of all individuals, including 
pilots, must be successfully completed by TSA before the FAA issues a 
certificate. Therefore, applicants for student pilot certificates must 
be vetted to receive their certificates and operate an aircraft as 
pilot in command.
    Seventeen commenters specifically addressed the proposal to remove 
AMEs from the student pilot certification process, including NATA, EAA, 
and SAFE. All 17 opposed the proposal. EAA and other commenters 
indicated that not allowing AMEs to issue student pilot certificates 
would create additional burdens for students, who would have to make a 
trip to another location for their certificate. NATA asked that the FAA 
continue the issuance and use policies and procedures already in place 
for paper student pilot certificates. Some, including SAFE, suggested 
that AMEs should at least be able to accept student pilot applications 
and photos. Others disagreed with the FAA's assertion that requiring 
AMEs to verify a student's identity would be a burden on the AME. They 
noted that AMEs already must verify an applicant's identity in order to 
assure the students they are examining are who they claim to be.
    To address the IRTPA mandates, the FAA's Civil Aviation Registry 
will issue plastic, tamper-resistant student pilot certificates 
following successful security vetting of the applicant. AMEs are 
required, under Sec.  67.4, to verify the identity of an applicant for 
a medical certificate; however, they are not required to have the 
capability to produce plastic, tamper-resistant certificates, nor do 
they have the authority to make security vetting determinations about 
applicants. The FAA considered allowing student pilot applicants to 
continue to make application with an AME to maintain convenience for 
student pilot applicants. Ultimately the Agency determined that AMEs, 
who are physicians, should focus on the medical qualifications of an 
applicant rather than on airman certification activities that are 
within the expertise of other FAA designees.
    In addition, the advent of IACRA, an online application system that 
replaces paper-based systems, has significantly increased FAA data 
safeguarding, maintenance, and safety oversight responsibilities. The 
current combination student pilot and medical certificate, issued by 
AMEs, dates from the paper-based era and does not take advantage of 
technological advances that have improved the airman certification 
process. Integrating the data collected by an AME into the centralized 
Civil Aviation Registry system presents significant technological and 
administrative challenges. By necessity for privacy reasons, the IACRA 
system and the medical certification systems must be kept separate. The 
FAA's recordkeeping and personal identity information protection would 
be compromised if the FAA's medical application and airman application 
databases were fully integrated. Currently, IACRA does not have a role 
developed to allow AMEs to utilize the system to process a student 
pilot application, and creation of such a role would require training 
and oversight by a different FAA line of business than that which 
typically supports AMEs. This duplication of oversight and use of 
multiple systems by AMEs would not only increase the likelihood of 
errors but also would reverse the FAA's efforts to decrease duplication 
and redundancy. Accordingly, the FAA has determined that data is better 
safeguarded by keeping medical and operational certification processes 
and oversight separate and distinct. Doing so necessitates separate 
medical and operational electronic portals to remove any possibility of 
data spillage. Keeping the processes and oversight separate also allows 
medical certification and airman certification personnel and designees 
to focus on the duties within their respective areas of expertise, thus 
improving regulatory compliance and the overall user experience.
    In addition, given the statutory requirement to complete security 
vetting before issuing a certificate, the AME process of issuing 
student pilot certificates is no longer viable. In this regard, the FAA 
realized that it would not be efficient to continue to issue two 
separate types of student pilot certificates. The most efficient option 
is to dedicate centralized Civil Aviation Registry resources to the 
certification process. Therefore, the Civil Aviation Registry will 
issue a student pilot certificate after successful completion of TSA 
security vetting based on a student pilot's application which is made 
either at a FSDO, through a DPE, with an ACR associated with a part 141 
pilot school, or with a CFI.
    This final rule permits CFIs (as well as other operational 
designees) to accept student pilot certificate applications to minimize 
burdens on those applicants. Streamlining the application process by 
expanding the use of CFIs and other operational designees, even though 
the Agency is removing AMEs, will maintain applicant portal options and 
allow for enhanced FAA oversight capability of the pilot certification 
process. In the overwhelming majority of circumstances, a person 
seeking to pursue pilot certification will encounter a CFI (or an ACR 
at a part 141 pilot school) significantly before that person encounters 
an AME. Accordingly, the FAA has determined this final rule reduces the 
burden on a student pilot applicant while also streamlining FAA 
processes.
    Because student pilot certificates now will be issued without an 
expiration date, the process for obtaining a replacement certificate if 
the certificate is lost or destroyed will be the process under Sec.  
61.29 as is currently in place for other pilot certificates. Similarly, 
the current replacement fee of $2 under Sec.  187.5 will apply.
    Finally, as proposed, the FAA is amending various requirements 
concerning endorsements for student pilots. Because the FAA will issue 
plastic student pilot certificates, endorsements will be made only in 
the student pilot's logbook upon the effective date of this final rule 
regardless of whether a paper or plastic pilot certificate had been 
issued to the student at the time of issuance. In addition to the 
amendments in the NPRM, the FAA is amending Sec. Sec.  61.415 and 
61.423 to remove the requirement to endorse the student pilot 
certificate.

D. Duration of Photo on Pilot Certificate

    The FAA proposed to add an expiration date to the photo on the 
pilot certificate. The pilot would need to renew the photo every 8 
years in order to continue to exercise the privileges of the 
certificate. Requiring pilots to update their photos would ensure that 
the photo on the certificate continued to resemble the pilot and to 
serve as an adequate proof of identity. The FAA's proposed 8-year photo 
duration matches the requirements for drivers licenses set forth in the 
Real ID Act of 2005.\13\ While the Real ID Act did not address pilot 
certificates, the FAA viewed the 8-year duration as Congress's latest 
expression on the appropriate validity for government identification.
---------------------------------------------------------------------------

    \13\ Public Law 109-12, 119 Stat. 231 (May 11, 2005).

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

[[Page 1301]]

    Of the 49 commenters who specifically mentioned the proposed photo 
duration period, 9 believed that 8 years was an acceptable timeframe. 
Among these supporters were NAFI and EAA. Five commenters objected to 
any photo expiration date, stating that the cost of having to renew the 
certificates was unacceptable. One commenter believed the photo should 
be updated more frequently than every 8 years, since an individual's 
appearance can change dramatically in a few years.
    Thirty-four commenters believed the photo should have a 10-year 
duration, similar to U.S. passports. They stated that since the 10-year 
period was acceptable for an official government and internationally-
recognized identification such as a passport, the same time period 
should be adequate for a pilot certificate. They also noted that 
increasing the time between required photo renewals would save pilots 
money over the course of a lifetime. Finally, some commenters favored a 
10-year duration simply because 10 was a round number and easier to 
remember than 8 years.
    As stated earlier, the FAA withdraws the proposal to issue pilot 
certificates with a photo and will consider the issue in a rulemaking 
to address the requirements of section 321 of Public Law 112-95. 
Accordingly, pilot certificates (including student pilot certificates) 
will continue to be issued without an expiration date.

E. Fees for Issuing Pilot Certificates With Photo

    The FAA proposed a $22 fee for all new, replacement, upgraded, or 
renewed pilot (including student pilot) certificates with photo. The 
fee was intended to recover some of the costs of producing the 
certificates. While production costs per certificate exceed this 
amount, $22 is the maximum amount the FAA was permitted to charge under 
49 U.S.C. 45302(b)-(c), which provided the statutory authority for the 
NPRM.
    Of the 76 commenters that specifically mentioned the proposed $22 
fee for a new, replacement, or renewed certificate with photo, 5 stated 
that the proposed amount was acceptable.
    Of the remaining 71 comments, 38 stated that the proposed fee was 
too high but did not suggest what they thought would be an acceptable 
amount. Five commenters stated that the certificate should cost ``no 
more than a driver's license,'' but again did not provide an amount. 
Twenty-two commenters stated that since the pilot certificate with a 
photo was a Congressional mandate, there should be no fee. They 
contended expenses should be funded from the FAA's budget, from 
aviation fuel taxes, or from other fees pilots already pay.
    Most commenters opposed to the fee claimed that it would be a 
financial burden on pilots in an already stressful economic climate. 
Many claimed the fee would decrease the number of people who would 
become pilots, and might force many current pilots to quit. Others said 
the fee should be rejected because it was just a way for the FAA to 
make money. One commenter believed the FAA is prohibited from enacting 
a user fee by a restriction placed in the FAA appropriations bill \14\ 
that prohibits the FAA from promulgating ``new aviation user fees not 
specifically authorized by law.'' Two others requested that the FAA 
make provisions for low-income pilots.
---------------------------------------------------------------------------

    \14\ Public Law 111-117, 123 Stat. 3040 (Dec. 16, 2009).
---------------------------------------------------------------------------

    The FAA withdraws the proposal to charge a fee for certificate 
issuance. The FAA notes, however, that section 122 of Public Law 112-95 
requires the FAA to charge a fee to recover the costs of certain airman 
certification and aircraft registration services. The FAA has initiated 
a rulemaking (RIN 2120-AK37) to implement that requirement and will 
publish an NPRM in the future.

F. Implementation Process

    The FAA proposed a ``trigger-based'' and phased implementation 
approach for issuing pilot certificates with photo. The ``trigger-
based'' approach would have required any pilot interacting with the FAA 
during the implementation period to apply for a pilot certificate with 
photo. Such interactions would have included obtaining or renewing 
flight instructor certificates, applying for a new pilot certificate or 
rating, applying for a student pilot certificate, or changing vital 
information (such as name, citizenship, date of birth or gender). The 
phased approach would have applied to pilots who do not have a 
triggering event during the implementation period. The phased approach 
would have consisted of different compliance dates for different 
categories of pilots. All pilots, whether affected by the ``trigger-
based'' or phased approach, would have been required to have a pilot 
certificate with a photo no later than 5 years after the effective date 
of the final rule. These approaches were designed to balance the FAA's 
ability to receive and timely process applications for the certificates 
while maintaining the existing range of Agency services.
    Of the 17 commenters that specifically addressed the proposed 
``trigger'' and phased implementation process, 8 stated the proposal 
was acceptable as written. They agreed that staggering the 
implementation dates for different certificate holders would reduce the 
burden on the FAA and may improve application processing times. They 
also contended that requiring an upgrade to a photo certificate at a 
``triggering'' event, such as adding a rating, would prevent pilots 
from waiting until the last minute to apply for their certificates with 
photo.
    Three commenters suggested using a ``trigger-only'' approach for 
pilot applications. They stated that it would reduce the burden on 
pilots to allow them to continue flying with their current non-photo 
certificates until they met one of the ``triggering'' events. 
Otherwise, the pilot may have to make an initial trip to a FSDO to 
upgrade to the photo certificate, and then have to make an additional 
trip back to the FSDO not long afterwards in order to add a rating, 
resulting in an increased burden.
    Three commenters suggested the FAA reduce the time pilots have to 
comply. They stated that because pilot certificates with a photo would 
increase safety and security, it would be better to have all pilots 
obtain the certificates as soon as possible. Three additional 
commenters, including NAFI, proposed having a single compliance date 
for all pilots. Two of these commenters, including NAFI, stated that a 
single compliance date would cause less confusion for pilots and would 
reduce the chances of a pilot accidentally failing to comply. The third 
commenter favored a single compliance date because staggered dates 
might give the impression of unequal treatment of one or more pilot 
communities.
    As stated earlier, the FAA withdraws the requirement to obtain a 
pilot certificate with a photo.

G. Regulatory Evaluation

    Four commenters, including AOPA, specifically mentioned the 
estimated total costs for airmen to comply with the proposal, as 
outlined in the Regulatory Evaluation. Each of the commenters disputed 
the accuracy of the cost figures and generally were opposed to 
expending scarce resources on the proposal given federal deficits and 
ongoing cost-cutting measures. One commenter stated that the high cost 
associated with the proposal was due to the FAA not considering more 
cost-effective and less onerous measures for accomplishing the same 
goal. All four commenters believed that the FAA

[[Page 1302]]

should not be pursuing regulations that add to federal spending while 
offering few, if any, safety and security benefits.
    AOPA commented that the FAA's 20-year cost estimates may be grossly 
underestimated, and stated that the actual total present value costs to 
airmen would likely be more than the estimated $235.8 million outlined 
in the proposal. AOPA also believed that total overall implementation 
costs would exceed the estimated $380.1 million, but did not provide 
additional input as to how it derived these conclusions. AOPA was 
further concerned that the true costs to airmen were uncertain 
considering the proposal discussed the possibility that fee increases 
may be imposed via the Federal Aviation Reauthorization bill (H.R. 
915), then pending before Congress. AOPA believed the proposal equated 
to a significant economic impact to airmen and the associated costs far 
outweighed any potential benefits.
    As stated earlier, the FAA withdraws most proposals in the NPRM. 
The FAA has revised the regulatory evaluation consistent with the 
adopted changes to student pilot certification. Further, and as stated 
earlier, the fees authorized in section 122 of Public Law 112-95 are 
being addressed in a separate rulemaking.

H. Miscellaneous Comments

1. Redesigning Pilot Certificate
    Twelve commenters suggested that if the FAA planned to add photos 
to pilot certificates, other changes should be made to the certificates 
at the same time. Most suggestions were offered to improve legibility, 
such as increasing the font size; reducing the visual clutter by 
removing some less critical information, such as the pilot's address; 
and removing the image of the Wright Brothers. Other commenters 
suggested making the different levels of certificates (e.g., private 
pilot, commercial pilot, and ATP) easily distinguishable, either by 
using different background colors or different images.
    Additionally, Transport Canada suggested the FAA replace the 
traditional pilot certificate with a certificate similar to the 
Canadian Aviation Document Booklet (ADB), to allow cross-sharing of 
data between Canada and the United States. The ADB resembles a passport 
and contains all of a pilot's licenses, permits, and medical 
certificates in one document. The licenses, permits, and medical 
certificates are issued through the mail as stick-on labels with 
security features. Security features include secure ink, bar codes, and 
complicated patterns designed to make forgery more difficult. As pilots 
add new ratings or licenses or update certificates, they add these 
labels to the ADB. The ADB also has a photo of the pilot. While no 
additional commenters specifically mentioned the ADB as a potential 
model, three commenters did suggest the FAA combine all certificates, 
including the medical certificate, into a single document to reduce the 
costs to pilots and to reduce the number of certificates a pilot must 
carry.
    The FAA has determined that these suggestions are outside the scope 
of this rulemaking. Any changes to the pilot certificate would need to 
be addressed in a separate rulemaking. The FAA notes, however, that 
since publication of the NPRM, the FAA has increased the size of the 
font for the pilot's name, certificate level or type, and certificate 
number.
2. Proposed Sec.  61.3--Requirements for Certificates, Ratings, and 
Authorizations
    Two commenters believed the proposed language in Sec.  
61.3(a)(1)(v) was misleading. The proposed language stated that, ``A 
person may not serve as a required crewmember of a civil aircraft of 
the United States, unless that person: when operating an aircraft in a 
foreign country, has a pilot license issued by that country.'' The 
commenters noted that the language could be interpreted as requiring 
the pilot to have a license issued by the foreign country. That was not 
the FAA's intent. In a separate rulemaking (Certified Flight Instructor 
Flight Reviews; Recent Pilot in Command Experience; Airmen Online 
Services (RIN 2120-AK23) (78 FR 56822, September 16, 2013; confirmed at 
78 FR 66261, November 5, 2013)), the FAA revised the language of Sec.  
61.3(a)(1)(v) to state that ``(v) When operating an aircraft within a 
foreign country, a pilot license issued by that country may be used.''

V. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule. The FAA suggests 
readers seeking greater detail read the full regulatory evaluation, a 
copy of which has been placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this final 
rule: (1) Has benefits that justify its costs, (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) will not have a 
significant economic impact on a substantial number of small entities; 
(5) will not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) will not impose an unfunded mandate on 
State, local, or tribal governments, or on the private sector, by 
exceeding the threshold identified above. These analyses are summarized 
below.
Total Benefits and Costs of This Rule
    This final rule responds to section 4012 of the Intelligence Reform 
and Terrorism Prevention Act (IRTPA) by facilitating security vetting 
of all student pilot certificate applicants before the FAA issues a 
student pilot certificate. The FAA notes that following the direction 
of Congress provides a sufficient reasoned determination to justify the 
costs. These potential benefits are not quantifiable. The estimated 
cost of this final rule over 10 years is shown in the following table:

[[Page 1303]]



                                                     Total and Present Value Costs of the Final Rule
                                                                       [2015-2024]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Total cost                                     Present value
                                                         -----------------------------------------------------------------------------------------------
                     Affected group                                                                  7 percent                       3 percent
                                                               Lower           Upper     ---------------------------------------------------------------
                                                                                               Lower           Upper           Lower           Upper
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                (Millions, 2014 $)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Student pilots..........................................            $7.1           $11.0            $5.0            $7.7            $6.1            $9.4
                                                         -----------------------------------------------------------------------------------------------
FAA.....................................................               $9.8
                                                                       $7.1
                                                                       $8.5
Authorized individuals..................................               $0.07
                                                                       $0.05
                                                                       $0.06
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................           $17.0           $20.9           $12.2           $14.9           $14.7           $18.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

Who is potentially affected by this Rule?
    Student pilots who are applying for a student pilot certificate are 
potentially affected by this rule. In the year 2014, there were 120,546 
active student pilots.\15\ Of these 120,546 active student pilots, 
49,959 \16\ (41.44 percent of the total) certificates were issued in 
2014. Original student pilot certificates issued that year comprised 
30.83 percent of the total for 2014, while the remaining 10.61 percent 
were replacement certificates. Since the total number of active student 
pilots is relatively stable over the years, the FAA assumes that an 
equal amount of students are leaving the program each year. The FAA 
estimates that these percentages will remain constant during the entire 
period of this analysis.
---------------------------------------------------------------------------

    \15\ FAA U.S. Civil Airmen Statistics, 2014, Table 1, Estimated 
Active Airmen Certificates Held, http://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/.
    \16\ FAA U.S. Civil Airmen Statistics, Table 16 and Table 17 
minus 1,854 since 1,854 is accounted for in Table 16 (49,261 - 
1,854) + 2,552 = 49,959 http://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/.
---------------------------------------------------------------------------

Cost Assumptions and Primary Sources of Information
     All costs are presented in 2014 dollars.
     Discount rates--a 7% base case with a 3% sensitivity 
analysis rate
     Period of analysis--2015 through 2024
     A range of $13 to $25.22 is used as the hourly rate of an 
airman's time as advised by Department of Transportation (DOT) 
guidance.
     $23.59 is the hourly rate for a CFI and ACR associated 
with a part 141 school.
     Numbers of student pilot certificates from the FAA U.S. 
Civil Airmen Statistics, 2014
Changes From the NPRM to the Final Rule
    This action withdraws the proposal for pilot certificates to 
include a photo of the individual pilot. Additionally, this action 
withdraws the proposal to implement fees for pilot certificates.
    Applicants must apply for a student pilot certificate through a 
FSDO, DPE, ACR associated with a part 141 pilot school, or CFI.
    Newly issued student pilot certificates will not have an expiration 
date.
    Comments on the NPRM recommended that FAA not remove the AME from 
the student pilot certificate application process because doing so will 
increase the financial burden on the student pilot by having him or her 
make an additional trip. The FAA has modified who may accept a student 
pilot application by withdrawing the KTCs and including CFIs as 
authorized individuals. This will reduce the burden on student pilot 
applicants since they already travel to CFIs for flight instruction.
    These changes resulted in lower cost estimates than those published 
in the NPRM.
Benefits of This Rule
    This final rule responds to section 4012 of the Intelligence Reform 
and Terrorism Prevention Act (IRTPA) by facilitating security vetting 
of all student pilot certificate applicants before the FAA issues a 
student pilot certificate. As Congress understood the unquantifiable 
benefits of section 4012 exceed the costs as discussed next.
Costs of This Rule
    The compliance costs have three distinct components and are 
estimated over a ten-year period. The first component is the student 
pilot applicants' direct and indirect costs valued from $7.1 to $11 
million. The second component is the costs incurred by the FAA's Civil 
Aviation Registry to process and issue a student pilot certificate for 
$9.8 million. TSA will not incur any additional costs as they already 
vet student pilots. Under this rule, TSA will conduct the vetting prior 
to the issuance of an FAA student pilot certificate. The third 
component is for the mailing expenses incurred by the authorized 
individual to mail the applications to FAA's Civil Aviation Registry 
for about $70,000. Total costs of this final rule are estimated to be 
from $17 to $20.9 million over a ten-year period.
Alternatives Considered
    The alternative represents a situation in which the FAA would only 
allow ACRs associated with part 141 pilot schools, DPEs, and FSDOs to 
act as authorized individuals for receiving student pilot certificate 
applications. The outcome would be that student pilot applicants who do 
not go to a part 141 pilot school for flight instruction would have to 
make an additional trip to a DPE or a FSDO to apply for a student pilot 
certificate. This would increase the travel costs to the student pilot 
applicants. The FAA estimated the cost of this alternative to be from 
$19 to $30.6 million ($13.5-$21.8 million using a 7 percent discount 
rate and $16.3-$26.3 million using a 3 percent discount rate.), which 
is more expensive than the final rule.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their

[[Page 1304]]

actions to assure that such proposals are given serious 
consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
Section 604 of the RFA requires agencies to prepare a final regulatory 
flexibility analysis (FRFA) describing the impact of final rules on 
small entities. Section 604(a) of the Act specifies the content of the 
FRFA.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
The FAA believes that this final rule will not have a significant 
economic impact on a substantial number of entities, because student 
pilots are not small entities. There were no comments regarding the 
economic impact on student pilots received in response to the NPRM. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking will not result in a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. 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 final rule and determined that it 
will have only a domestic impact and therefore will not create 
unnecessary obstacles to the foreign commerce of the United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 an expenditure of $100 million or more 
(in 1995 dollars) 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.'' The FAA currently 
uses an inflation-adjusted value of $155.0 million in lieu of $100 
million. This rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This final rule will revise an existing information collection. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the FAA has submitted these information collection amendments to OMB 
for its review. The Office of Management and Budget approved the 
amended information collection requirements under existing OMB Control 
Number 2120-0021.
    Title: Certification: Pilots and Flight Instructors.
    Abstract: 14 CFR part 61 prescribes certification standards for 
pilots, flight instructors, and ground instructors. The information 
collected is used to determine compliance with applicant eligibility, 
via FAA Form 8710-1.
    Use of: The Airman certificate and/or Rating Application form and 
the required records, logbooks, and statements required by the federal 
regulations are submitted to Federal Aviation Administration (FAA) 
Flight Standards District Offices or its representatives to determine 
qualifications of the applicant for issuance of a pilot or instructor 
certificate, or rating or authorization.
    Respondents (including number of): The FAA estimates, on average, 
there are 38,700 student pilots who will be required to provide 
information in accordance with the final rule annually. The respondents 
to this information requirement are student pilots regulated under part 
61.
    Frequency: The FAA estimates certificate holders will have a one-
time information collection, and will then collect or report 
information occasionally thereafter.
    Annual Burden Estimate: This final rule will result in a ten-year 
recordkeeping and reporting burden as follows:
Summary of Time and Costs
    The FAA estimates 38,700 applications for new and replacement 
student pilot certificates will take 0.5 hours each to complete. The 
student airman certification program imposes a 19,350 hours reporting 
burden. Equation 1 below provides the basis for 19,350 hours.
    (1) 38,700 new applications for original student pilot certificates 
x 0.5 hours = 19,350 hours
    The estimated annual cost to respondents for the hour burdens 
resulting from the collection of information is $251,550. This cost is 
determined by estimating the time required for the applicants to 
complete and submit FAA Form 8710-1 applications. Even though the FAA 
is using the IACRA system, no significant change in time required to 
complete and submit this form will occur. Equation 2 below provides the 
basis for $251,550 in costs.
    (2) 38,700 8710-1 Applications x 0.5 hours x $13 per hour \17\= 
$251,550;
---------------------------------------------------------------------------

    \17\ The lower rate of $13.00 is based on the Revised 
Departmental Guidance on Valuation of Travel Time in Economic 
Analysis, Table 4: Recommended Hourly Values of Travel Time Savings 
for in-vehicle local travel. This range is used to estimate the 
value of personal time forgone by the student pilot to complete an 
application form and related tasks. Further, these values have been 
grown by 1% for every year past 2014 as advised in DOT Departmental 
Guidance. https://www.dot.gov/sites/dot.gov/files/docs/USDOT%20VOT%20Guidance%202014.pdf. http://www.census.gov/hhes/www/income/data/historical/household/.
---------------------------------------------------------------------------

    The following table provides the total cost to respondents over ten 
years, and includes present and annualized values using a seven and 
three percent discount rate.

[[Page 1305]]



                                                Quantified Costs for Issuance of FAA Plastic Certificates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Nominal          PV at 7%      Annualized at       PV at 3%      Annualized at
                              Estimate                                  (millions)       (millions)     7%  (millions)     (millions)     3% (millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total..............................................................          $1.975            $1.39           $0.198            $1.67           $0.195
--------------------------------------------------------------------------------------------------------------------------------------------------------

F. Privacy Impact Assessment

    The FAA conducted a privacy impact assessment (PIA) of this rule as 
required by section 522(a)(5) of division H of the FY 2005 Omnibus 
Appropriations Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004). 
The assessment considers any impacts of the final rule on the privacy 
of information in an identifiable form and related matters. The final 
rule would impact the handling of personally identifiable information 
(PII). The FAA has evaluated the risks and effects the rulemaking might 
have on collecting, storing, and sharing PII and has evaluated 
protections and alternative information handling processes in 
developing the final rule in order to mitigate potential privacy risks. 
The risks to the student pilot population are the same as the risks for 
other individuals who are required to hold FAA-issued certificates. The 
PIA for the following system currently incorporates the student pilot 
population: AVS Registry, also known as the Registry Modernization 
System (RMS). This PIA is available for review in the docket for this 
rulemaking, as well as via http://www.transportation.gov/individuals/privacy/privacy-impact-assessments.

G. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

H. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f and involves no extraordinary 
circumstances.

VI. Executive Order Determinations

A. Executive Order 12866

    See the ``Regulatory Evaluation'' discussion in the ``Regulatory 
Notices and Analyses'' section elsewhere in this preamble.

B. Executive Order 13132, Federalism

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

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
is not a ``significant energy action'' under the executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policies and 
agency responsibilities of Executive Order 13609, and has determined 
that this action would have no effect on international regulatory 
cooperation.

VII. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may 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 Publishing Office's Web page at http://www.fdsys.gov.
    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) 267-9677.

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.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document may 
contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT, heading at the beginning of the preamble. 
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements, Security measures.

14 CFR Part 183

    Aircraft, Airmen, Reporting and recordkeeping requirements.

[[Page 1306]]

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 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302.


0
2. Amend Sec.  61.3 by revising paragraph (d)(2)(iv) to read as 
follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (d) * * *
    (2) * * *
    (iv) Endorse a logbook for solo operating privileges.
* * * * *

0
3. Amend Sec.  61.19 by revising the section heading and paragraphs 
(a), (b), and (c) to read as follows:


Sec.  61.19  Duration of pilot and instructor certificates and 
privileges.

    (a) General. (1) The holder of a certificate with an expiration 
date may not, after that date, exercise the privileges of that 
certificate.
    (2) Except for a certificate issued with an expiration date, a 
pilot certificate is valid unless it is surrendered, suspended, or 
revoked.
    (b) Paper student pilot certificate. A student pilot certificate 
issued under this part prior to April 1, 2016 expires:
    (1) For student pilots who have not reached their 40th birthday, 60 
calendar months after the month of the date of examination shown on the 
medical certificate.
    (2) For student pilots who have reached their 40th birthday, 24 
calendar months after the month of the date of examination shown on the 
medical certificate.
    (3) For student pilots seeking a glider rating, balloon rating, or 
a sport pilot certificate, 60 calendar months after the month of the 
date issued, regardless of the person's age.
    (c) Pilot certificates. (1) A pilot certificate (including a 
student pilot certificate issued after April 1, 2016 issued under this 
part is issued without a specific expiration date.
    (2) The holder of a pilot certificate issued on the basis of a 
foreign pilot license may exercise the privileges of that certificate 
only while that person's foreign pilot license is effective.
* * * * *

0
4. Revise Sec.  61.85 to read as follows:


Sec.  61.85  Application.

    An applicant for a student pilot certificate:
    (a) Must make that application in a form acceptable to the 
Administrator; and
    (b) Must submit the application to a Flight Standards District 
Office, a designated pilot examiner, an airman certification 
representative associated with a pilot school, a flight instructor, or 
other person authorized by the Administrator.

0
5. Amend Sec.  61.87 by revising paragraphs (n) and (p)(3), removing 
paragraph (p)(4), redesignating paragraph (p)(5) as (p)(4), and 
revising newly redesignated (p)(4) to read as follows:


Sec.  61.87  Solo requirements for student pilots.

* * * * *
    (n) Limitations on student pilots operating an aircraft in solo 
flight. A student pilot may not operate an aircraft in solo flight 
unless that student pilot has received an endorsement in the student's 
logbook for the specific make and model aircraft to be flown by an 
authorized instructor who gave the training within the 90 days 
preceding the date of the flight.
* * * * *
    (p) * * *
    (3) Determined the student pilot is proficient in the make and 
model of aircraft to be flown; and
    (4) Endorsed the student pilot's logbook for the specific make and 
model aircraft to be flown, and that endorsement remains current for 
solo flight privileges, provided an authorized instructor updates the 
student's logbook every 90 days thereafter.

0
6. Amend Sec.  61.93 by revising paragraphs (c)(1) and (c)(2) and 
adding paragraph (c)(3) to read as follows:


Sec.  61.93  Solo cross-country flight requirements.

* * * * *
    (c) * * *
    (1) A student pilot must have a solo cross-country endorsement from 
the authorized instructor who conducted the training that is placed in 
that person's logbook for the specific category of aircraft to be 
flown.
    (2) A student pilot must have a solo cross-country endorsement from 
an authorized instructor that is placed in that person's logbook for 
the specific make and model of aircraft to be flown.
    (3) For each cross-country flight, the authorized instructor who 
reviews the cross-country planning must make an endorsement in the 
person's logbook after reviewing that person's cross-country planning, 
as specified in paragraph (d) of this section. The endorsement must--
    (i) Specify the make and model of aircraft to be flown;
    (ii) State that the student's preflight planning and preparation is 
correct and that the student is prepared to make the flight safely 
under the known conditions; and
    (iii) State that any limitations required by the student's 
authorized instructor are met.
* * * * *

0
7. Amend Sec.  61.133 by revising paragraphs (a)(2)(i)(C) and 
(a)(2)(ii)(C) to read as follows:


Sec.  61.133  Commercial pilot privileges and limitations.

    (a) * * *
    (2) * * *
    (i) * * *
    (C) Endorse a pilot's logbook for solo operating privileges in an 
airship;
    * * *
    (ii) * * *
    (C) Endorse a pilot's logbook for solo operating privileges in a 
balloon; and
* * * * *

0
8. Amend Sec.  61.189 by revising paragraph (b)(1) to read as follows:


Sec.  61.189  Flight instructor records.

* * * * *
    (b) * * *
    (1) The name of each person whose logbook that instructor has 
endorsed for solo flight privileges, and the date of the endorsement; 
and
* * * * *

0
9. Revise Sec.  61.193 to read as follows:


Sec.  61.193  Flight instructor privileges.

    (a) A person who holds a flight instructor certificate is 
authorized within the limitations of that person's flight instructor 
certificate and ratings to train and issue endorsements that are 
required for:
    (1) A student pilot certificate;
    (2) A pilot certificate;
    (3) A flight instructor certificate;
    (4) A ground instructor certificate;
    (5) An aircraft rating;
    (6) An instrument rating;
    (7) A flight review, operating privilege, or recency of experience 
requirement of this part;
    (8) A practical test; and
    (9) A knowledge test.
    (b) A person who holds a flight instructor certificate is 
authorized, in a form and manner acceptable to the Administrator, to:
    (1) Accept an application for a student pilot certificate;

[[Page 1307]]

    (2) Verify the identity of the applicant; and
    (3) Verify the applicant meets the eligibility requirements in 
Sec.  61.83.

0
10. Amend Sec.  61.195 by revising paragraphs (d)(1) introductory text 
and (d)(2) to read as follows:


Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (d) * * *
    (1) Student pilot's logbook for solo flight privileges, unless that 
flight instructor has--
    * * *
    (2) Student pilot's logbook for a solo cross-country flight, unless 
that flight instructor has determined the student's flight preparation, 
planning, equipment, and proposed procedures are adequate for the 
proposed flight under the existing conditions and within any 
limitations listed in the logbook that the instructor considers 
necessary for the safety of the flight;
* * * * *

0
11. Revise Sec.  61.413 to read as follows:


Sec.  61.413  What are the privileges of my flight instructor 
certificate with a sport pilot rating?

    (a) If you hold a flight instructor certificate with a sport pilot 
rating, you are authorized, within the limits of your certificate and 
rating, to provide training and endorsements that are required for, and 
relate to--
    (1) A student pilot seeking a sport pilot certificate;
    (2) A sport pilot certificate;
    (3) A flight instructor certificate with a sport pilot rating;
    (4) A powered parachute or weight-shift-control aircraft rating;
    (5) Sport pilot privileges;
    (6) A flight review or operating privilege for a sport pilot;
    (7) A practical test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating;
    (8) A knowledge test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating; 
and
    (9) A proficiency check for an additional category or class 
privilege for a sport pilot certificate or a flight instructor 
certificate with a sport pilot rating.
    (b) A person who holds a flight instructor certificate with a sport 
pilot rating is authorized, in a form and manner acceptable to the 
Administrator, to:
    (1) Accept an application for a student pilot certificate;
    (2) Verify the identity of the applicant; and
    (3) Verify the applicant meets the eligibility requirements in 
Sec.  61.83.

0
12. Amend Sec.  61.415 by revising paragraphs (d)(1) introductory text, 
(d)(2), and (d)(3) introductory text to read as follows:


Sec.  61.415  What are the limits of a flight instructor certificate 
with a sport pilot rating?

* * * * *
    (d) * * *
    (1) Student pilot's logbook for solo flight privileges, unless you 
have--
    * * *
    (2) Student pilot's logbook for a solo cross-country flight, unless 
you have determined the student's flight preparation, planning, 
equipment, and proposed procedures are adequate for the proposed flight 
under the existing conditions and within any limitations listed in the 
logbook that you consider necessary for the safety of the flight.
    (3) Student pilot's logbook for solo flight in Class B, C, and D 
airspace areas, at an airport within Class B, C, or D airspace and to 
from, through or on an airport having an operational control tower, 
unless you have--
* * * * *

0
13. Amend Sec.  61.423 by revising paragraph (a)(2)(i) to read as 
follows:


Sec.  61.423  What are the recordkeeping requirements for a flight 
instructor with a sport pilot rating?

    (a) * * *
    (2) * * *
    (i) Each person whose logbook you have endorsed for solo flight 
privileges.
* * * * *

PART 183--REPRESENTATIVES OF THE ADMINISTRATOR

0
14. The authority citation for part 183 is revised to read as follows:

    Authority:  31 U.S.C. 9701; 49 U.S.C. 106(f), 106(g), 40113, 
44702, 45303.


0
15. Amend Sec.  183.21 by revising paragraph (c) and removing and 
reserving paragraph (d) to read as follows:


Sec.  183.21  Aviation Medical Examiners.

* * * * *
    (c) Issue or deny medical certificates in accordance with part 67 
of this chapter, subject to reconsideration by the Federal Air Surgeon 
or his or her authorized representatives within the FAA; and
    (d) [Reserved.]
* * * * *

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 44703, and Section 4022 of Public Law. 108-458 on December 
24, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2016-00199 Filed 1-11-16; 8:45 am]
BILLING CODE 4910-13-P