[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42799-42804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17494]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 3, 61, 63, and 65
[Docket No.: FAA-2018-0656; Amendment Nos. 3-2, 61-143, 63-42, and 65-
59]
RIN 2120-AL04
Security Threat Disqualification Update
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is amending and consolidating the security threat
disqualification regulations. This final rule establishes the FAA's
procedures in regulation for amending, modifying, suspending, and
revoking FAA-issued certificates and any part of such certificates
issued to individuals based on written notification by the
Transportation Security Administration (TSA) that a certificate holder
poses a security threat. The final rule also clarifies the FAA's
process for denying or holding in abeyance applications for
certificates and any parts of such certificates when the TSA notifies
the FAA that an applicant poses a security threat.
DATES: Effective October 18, 2019.
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: For questions concerning this action,
contact Courtney Freeman, Office of the Chief Counsel, AGC-200, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone (202) 267-3073; email [email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C). 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.
This rulemaking is promulgated under 49 U.S.C. 106(f), which
establishes the authority of the Administrator to promulgate
regulations and rules; and 49 U.S.C. 44701(a)(5), which requires the
Administrator to promote safe flight of civil aircraft in air commerce
by prescribing regulations and setting minimum standards for other
practices, methods, and procedures necessary for safety in air commerce
and national security.
This rulemaking is also promulgated pursuant to 49 U.S.C. 46111,
which requires the Administrator to amend, modify, suspend, or revoke
any certificate or any part of a certificate issued under Title 49 when
the TSA notifies the FAA that the holder of the certificate poses or is
suspected of posing a risk of air piracy or terrorism or a threat to
airline or passenger safety.
Additionally, this rulemaking is promulgated pursuant to 49 U.S.C.
44903(j)(2)(D)(i), which requires that TSA coordinate with the
Administrator of the FAA to ensure that individuals are screened before
being certificated by the FAA. Thus, the FAA will not issue a
certificate to a screened individual identified by TSA as a security
threat.
I. Executive Summary
A. Purpose of the Regulatory Action
This rulemaking amends the current FAA security threat
disqualification regulations in title 14 of the Code of Federal
Regulations (14 CFR) Sec. Sec. 61.18, 63.14, and 65.14 and
consolidates them into part 3 of 14 CFR. Those regulations provide, in
sum, that no person is eligible to hold a certificate, rating, or
authorization issued under each corresponding or respective part when
the TSA notifies the FAA in writing of an adverse security threat
determination.
Since 2004, the FAA has not applied these regulations to United
States (U.S.) citizens or resident aliens, instead relying on the
statutory authority in 49 U.S.C. 46111, Public Law 108-176 (December
12, 2003), and 49 U.S.C. 44903(j)(2)(D)(i), Public Law 108-458
(December 17, 2004), enacted after the FAA issued its security threat
disqualification regulations. Section 46111 directs the FAA to take
action against ``any part of a certificate'' issued under Title 49 in
response to a security threat determination by the TSA and also
provides a hearing and appeal
[[Page 42800]]
process for U.S. citizens. Section 44903(j)(2)(D)(i) provides that
individuals will be screened against the consolidated and integrated
terrorist watchlist maintained by the federal government prior to being
certificated by the FAA. This final rule is necessary to conform the
previously-cited FAA regulations to 49 U.S.C. 46111 and
44903(j)(2)(D)(i) and to clarify the FAA's process for preventing the
issuance of certificates to applicants that the TSA finds to be
security threats.
Consistent with 49 U.S.C. 46111 and 44903(j)(2)(D)(i), the security
threat regulations in this final rule describe the actions the FAA will
take on a certificate or certificate application when it receives
notification from the TSA that an individual is a security threat. The
FAA will not issue a certificate or any part of a certificate when the
TSA has notified the FAA in writing that the individual poses, or is
suspected of posing, a risk of air piracy or terrorism or a threat to
airline or passenger safety. For certificates already issued, the FAA
will amend, modify, suspend, or revoke any FAA-issued certificate or
part of such certificate upon written notification from the TSA that
the certificate holder poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.\1\
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\1\ The TSA directs the specific action the FAA should take on
the certificate and includes that information in the letter
notifying the FAA of the security threat determination.
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B. Costs and Benefits
The final rule provides similar requirements found in the existing
security threat disqualification regulations. Thus, the final rule will
not impose any new costs to the industry.
II. Background
A. Current Statutory and Regulatory Structure Governing Security Threat
Disqualification
In response to the attack on the U.S. on September 11, 2001, the
FAA issued the current security threat disqualification regulations to
prevent a possible imminent hazard to aircraft, persons, and property
within the United States. Specifically, in 2003, the FAA, in
consultation with the TSA, determined that security threat
disqualification regulations were necessary to minimize security
threats and potential security vulnerabilities to the fullest extent
possible. The FAA, the TSA, and other federal security agencies were
concerned about the potential use of aircraft to carry out further
terrorist acts in the United States. Accordingly, the FAA issued a
final rule, Ineligibility for an Airman Certificate Based on Security
Grounds, 68 FR 3772 (January 24, 2003). This 2003 final rule provides
that an individual determined by the TSA to be a security threat is
ineligible for airman certification and thus cannot hold an FAA-issued
airman certificate. The FAA took this action because a person who poses
a security threat should not be in a position that could be used to
take actions that are contrary to civil aviation security and,
therefore, safety in air commerce. These security threat
disqualification regulations are found in current Sec. Sec. 61.18,
63.14, and 65.14.
Subsequent to the issuance of the current FAA security threat
disqualification regulations, the President signed into law 49 U.S.C.
46111 \2\ and 49 U.S.C. 44903(j)(2)(D)(i).\3\ Section 46111 requires
the FAA to amend, modify, suspend, or revoke certificates or any part
of a certificate issued under Title 49, when the TSA informs the FAA
that the holder ``poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.'' Under
Sec. 44903(j)(2)(D)(i), the TSA and the FAA must work together to
``ensure that individuals are screened before being certificated by the
[FAA].''
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\2\ Vision 100--Century of Aviation Reauthorization Act, Public
Law 108-176, 117 Stat. 2490 (Dec. 12, 2003).
\3\ Intelligence Reform and Terrorism Prevention Act, Public Law
108-458, 118 Stat. 3638 (Dec. 17, 2004).
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After the enactment of these statutory provisions, the FAA did not
update its regulations. However, the FAA did publish in the Federal
Register its disposition of comments to the 2003 final rule.\4\ In the
comment disposition, the FAA noted that, if additional rulemaking was
necessary to reflect the statutory requirements of Sec. 46111, the FAA
would utilize notice and comment rulemaking. In addition, the FAA
summarized two D.C. Circuit cases from 2004 that sought judicial review
of the FAA and the TSA security threat disqualification regulations. In
one of those cases, Coalition of Airline Pilots Associations v. FAA,
370 F.3d 1184 (D.C. Cir. 2004), the FAA, the TSA, and the Department of
Justice pledged that they would not apply existing regulations to U.S.
citizens or resident aliens. This case is further addressed in the
Discussion of Final Rule section of this preamble.\5\
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\4\ Ineligibility for an Airman Certificate Based on Security
Grounds, 70 FR 25761 (May 16, 2005).
\5\ Memorandum to the Dockets, TSA Rulemaking Dockets Nos. TSA-
2002-13732 and TSA-2002-13733, Transportation Security
Administration, U.S. Department of Homeland Security (Mar. 16,
2004).
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B. Summary of the Notice of Proposed Rulemaking
The FAA published the Notice of Proposed Rulemaking (NPRM) on July
23, 2018.\6\ Generally, the proposal would establish in regulation the
security threat disqualification requirement mandated in 49 U.S.C.
46111 and 44903(j)(2)(D)(i). In the NPRM, the FAA proposed to establish
in regulation the FAA's process for amending, modifying, suspending,
and revoking FAA-issued certificates and any part of such certificates
issued to individuals under Title 49 based on the TSA's written
notification that a certificate holder poses a security threat. The FAA
also proposed to clarify the FAA's process for denying or holding in
abeyance applications for certificates and any parts of such
certificates when the TSA notifies the FAA that an applicant poses a
security threat.
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\6\ 83 FR 34795 (July 23, 2018)
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C. General Overview of Comments
The FAA received one comment on the NPRM, and it was not within the
scope of the proposal.
III. Discussion of Final Rule
A. Scope
The final rule codifies, in 14 CFR, the FAA's authority to amend,
modify, suspend, and revoke FAA-issued certificates and any part of
such certificates issued to individuals under Title 49 of the United
States Code based on the TSA's written notification that a certificate
holder poses a security threat. The final rule also clarifies the FAA's
authority to deny or hold in abeyance applications for certificates and
any parts of such certificates when the TSA notifies the FAA that an
applicant poses a security threat. The final rule also codifies the
security threat disqualification requirement mandated in 49 U.S.C.
46111 and 44903(j)(2)(D)(i).
Both 49 U.S.C. 46111 and 44903(j)(2)(D)(i), on which this rule
relies, refer to certificate holders and applicants in terms of
individuals, rather than entities.\7\ Accordingly, this
[[Page 42801]]
final rule addresses only individuals who hold or are applying for
certificates issued under Title 49. There is separate statutory
authority for FAA certificate action against entities based on TSA
security threat determinations.\8\
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\7\ See, e.g., 49 U.S.C. 46111(b) (allowing ``individuals'' who
are U.S. citizens to have a hearing on the record); Sec. 46111(f)
(``An individual who commences an appeal''); Sec. 46111(g)(3)
(``upon request of the individual adversely affected by an order of
the [FAA] Administrator''); 49 U.S.C. 44903(j)(2)(D)(i) (requiring
screening of ``individuals''); Cf. Transportation Security
Administration (TSA) Vetting of Airmen Certificates and General
Aviation Airport Access and Security Procedures, DHS OIG (July
2011), https://www.oig.dhs.gov/assets/Mgmt/OIG_11-96_Jul11.pdf;
Memorandum To The Dockets, TSA Rulemaking Dockets Nos. TSA-2002-
13732 and TSA-2002-13733, Transportation Security Administration,
U.S. Department of Homeland Security (Mar. 16, 2004).
\8\ For example, 49 U.S.C. 44924, provides for FAA suspension or
revocation of a repair station's certificate based on a TSA
determination regarding the repair station's security measures and
security risk.
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B. Certificate Applicants
While 49 U.S.C. 46111 sets out a mechanism by which the FAA handles
the amendment, modification, suspension, or revocation of an
individual's certificate, it is silent as to how the FAA should handle
security threat determinations at the certificate application stage.
This final rule codifies the FAA's current process for preventing the
issuance of any certificate to an individual at the application stage
when the TSA finds the individual to be a security threat. The FAA's
authority to deny or hold in abeyance an individual's certificate
application based on the TSA's written notification that an individual
poses a security threat is necessary to implement 49 U.S.C.
44903(j)(2)(D)(i), which requires the FAA to coordinate with the TSA to
ensure that certificate applicants are screened against all appropriate
records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government before being certificated by the
FAA.
The FAA must not issue certificates to any individual who the TSA
finds to be a security threat. This final rule provides that, upon
notification from the TSA, the FAA would hold in abeyance the
individual's application(s) during an appeal to the TSA of its security
threat determination. The FAA will deny an application only upon the
TSA's notification of a final security threat determination.
Alternatively, if the TSA notifies the FAA that it has withdrawn its
security threat determination, the FAA will continue processing the
application.
C. Application of Regulations to U.S. Citizens and Resident Aliens
The FAA will apply the security threat disqualification regulations
to all individuals, including U.S. citizens and resident aliens, who
hold FAA-issued certificates or are applying for these certificates.
This approach will conform the security threat disqualification
regulations with 49 U.S.C. 46111 and 44903(j)(2)(D)(i). It will also
close a gap in the FAA's security threat disqualification regulations
which are currently not applied to U.S. citizens and resident aliens
pursuant to a pledge made by the FAA and the TSA as a result of
Coalition of Airline Pilots Associations v. FAA, 370 F.3d 1184 (D.C.
Cir. 2004). In Coalition of Airline Pilots Associations, unions
representing aviation workers raised various challenges to the current
TSA and the FAA security threat disqualification regulations. The D.C.
Circuit never reached the merits of the unions' claims. Instead, the
Court dismissed the unions' petition for review, finding that
intervening events had mooted their claims, specifically the new laws
enacted by Congress. Both the TSA and the FAA pledged that the existing
security threat regulations would no longer be applied to U.S. citizens
or resident aliens as a result of the enactment of 49 U.S.C. 46111,
which provides a different mechanism for TSA security threat
determinations and appeal procedures for U.S. citizens.\9\ The agencies
also noted that, when they issued new security threat disqualification
regulations, they would do so pursuant to notice and comment
rulemaking. Another D.C. Circuit decision, decided on the same day as
Coalition of Airline Pilots Associations, upheld the application of the
same FAA security threat disqualification regulations to non-resident
aliens because the regulations provide sufficient due process for non-
resident aliens. Jifry v. FAA, 370 F.3d 1174 (D.C. Cir. 2004).
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\9\ Memorandum to the Dockets, TSA Rulemaking Dockets Nos. TSA-
2002-13732 and TSA-2002-13733, Transportation Security
Administration, U.S. Department of Homeland Security (Mar. 16,
2004).
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This final rule establishes regulations that apply equally to all
certificate holders and applicants.
D. TSA Security Threat Determinations and Appeals
In the case of a security threat disqualification, the certificate
action or application denial will be based solely on the TSA's
applicant vetting and security threat determinations, as mandated under
49 U.S.C. 46111 and 44903(j)(2)(D)(i). TSA's vetting and security
threat determination authority is provided for in the Aviation and
Transportation Security Act, Public Law 107-71 (115 stat. 597, November
19, 2001). The FAA relies on TSA to make these security threat
determinations and is not privy to the evidentiary basis for them.
Therefore, the FAA's certificate actions and application denials are
based solely on written notification by the TSA of a security threat
determination against an individual. Accordingly, appeals of the
security threat determinations made by the TSA are made through the
TSA's administrative appeal process.\10\
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\10\ See 49 U.S.C. 46111. TSA currently is using interim redress
procedures for U.S. citizens, U.S. non-citizen nationals, and lawful
permanent resident certificate holders. While Sec. 46111 does not
require that TSA provide review by an Administrative Law Judge (ALJ)
to U.S. non-citizen nationals and lawful permanent residents, TSA
has chosen to do so in its interim procedures. TSA also provides
U.S. non-citizen nationals and lawful permanent residents with
review by the TSA Final Decision Maker if those individuals choose
to appeal an ALJ's decision.
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The FAA's certificate denials are generally covered under 49 U.S.C.
44703 and, therefore, are appealable to the National Transportation
Safety Board (NTSB). In cases of security threat disqualifications, if
the certificate action is appealable to the NTSB, the FAA does not
anticipate that the scope of these appeals will extend beyond an
examination of the procedural ground for the certificate action or
application denial because an affected individual will be provided the
opportunity to challenge the substance of TSA's security threat
determination under TSA's appeal process.\11\
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\11\ The appropriate venue for appealing a certificate action
based on a security threat determination was also discussed
substantially in Jifry v. FAA, 370 F.3d 1174 (D.C. Cir. 2004). The
court stated that ``Section 46111 makes no provision for NTSB review
even for citizens, and the Conference Report states that non-
resident aliens `have the right to the appeal procedures that [TSA]
has already provided for them.' H.R. Conf. Rpt. 108-334 at 152
(2003). In addition, Sec. 46111(a) requires the FAA to respond
automatically to TSA threat assessments . . . if these pilots retain
any right to NTSB review at all, it is no broader than the review
for procedural regularity that they have received . . .'' Jifry at
1180.
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IV. 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, the 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.
[[Page 42802]]
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 existing security threat disqualification regulations in 14 CFR
61.18, 63.14, and 65.14 disqualify any person who the TSA has found to
be a security threat from obtaining an FAA certificate. These
regulations went into effect on January 24, 2003. A year later, the
authority in 49 U.S.C. 46111 and 49 U.S.C. 44903(j)(2)(D)(i) became
law. Section 46111 directs the FAA to take action against the holder of
any part of a certificate in response to a security threat
determination by the TSA and also provides an appeal process for U.S.
citizens. Section 44903(j)(2)(D)(i) directs TSA to coordinate with the
FAA to ensure that individuals are screened against a consolidated and
integrated terrorist watchlist maintained by the Federal Government
prior to being certificated by the FAA. The existing regulations and
the statutory authority are virtually identical, and the FAA has been
relying on the statutory authority, not the existing regulations, to
prevent individuals who are security threats from obtaining or holding
a certificate. The FAA has not updated its regulations since the
enactment of statutory authority 49 U.S.C. 46111 and 49 U.S.C.
44903(j)(2)(D)(i). Since there are no new requirements in the final
rule, the expected outcome will be a minimal cost, if any.
The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866.
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 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.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
The final rule provides requirements based on the existing
statutory authority located at 49 U.S.C. 46111 and 49 U.S.C.
44903(j)(2)(D)(i). Thus, the final rule will not impose any new costs
to the industry. The expected outcome would be a minimal economic
impact on any small entity affected by this rulemaking action.
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.
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 U.S.,
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 the objective
of the rule is for the safety of the American public and is therefore
not considered an unnecessary obstacle 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 million in lieu of $100
million. This final 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. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
F. 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
determined that there are no ICAO Standards and Recommended Practices
that correspond to this final rule.
G. 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 5-6.6 and involves no extraordinary
circumstances.
H. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a `major rule', as defined by 5 U.S.C. 804(2).
[[Page 42803]]
V. Executive Order Determinations
A. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This rule is not subject to the requirements of E.O. 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to a national
security function of the United States.
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, International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, 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.
VI. 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 Printing Office's web page at http://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
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 3
Aviation safety.
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 63
Aircraft, Airman, Alcohol abuse, Aviation safety, Drug abuse,
Navigation (air), Reporting and recordkeeping requirements, Security
measures.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety, Drug abuse, Reporting and recordkeeping requirements,
Security measures.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter 1 of title 14, Code of Federal
Regulations as follows:
PART 3--GENERAL REQUIREMENTS
0
1. The authority citation for part 3 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44704, and 46111.
0
2. Add a new subpart A to part 3 to read as follows:
Subpart A--General Requirements Concerning Type Certificated
Products or Products, Parts, Appliances, or Materials That May Be
Used on Type-Certificated Products
0
3. Redesignate Sec. Sec. 3.1 and 3.5 to subpart A.
0
4. Add new subpart B to read as follows:
Subpart B--Security Threat Disqualification
Sec.
3.200 Effect of Transportation Security Administration notification
on a certificate or any part of a certificate held by an individual.
3.205 Effect of Transportation Security Administration notification
on applications by individuals for a certificate or any part of a
certificate.
Sec. 3.200 Effect of Transportation Security Administration
notification on a certificate or any part of a certificate held by an
individual.
When the Transportation Security Administration (TSA) notifies the
FAA that an individual holding a certificate or part of a certificate
issued by the FAA poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety, the FAA
will issue an order amending, modifying, suspending, or revoking any
certificate or part of a certificate issued by the FAA.
Sec. 3.205 Effect of Transportation Security Administration
notification on applications by individuals for a certificate or any
part of a certificate.
(a) When the TSA notifies the FAA that an individual who has
applied for a certificate or any part of a certificate issued by the
FAA poses, or is suspected of posing, a risk of air piracy or terrorism
or a threat to airline or passenger safety, the FAA will hold the
individual's certificate applications in abeyance pending further
notification from the TSA.
(b) When the TSA notifies the FAA that the TSA has made a final
security threat determination regarding an individual, the FAA will
deny all the individual's certificate applications. Alternatively, if
the TSA notifies the FAA that it has withdrawn its security threat
determination, the FAA will
[[Page 42804]]
continue processing the individual's applications.
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
5. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).
Sec. 61.18 [Removed and Reserved]
0
6. Remove and reserve Sec. 61.18.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
7. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Sec. 63.14 [Removed and Reserved]
0
8. Remove and reserve Sec. 63.14.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
9. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g). 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.
Sec. 65.14 [Removed and Reserved]
0
10. Remove and reserve Sec. 65.14.
Issued, under the authority provided by 49 U.S.C. 106(f), 46111,
and 44903(j) in Washington, DC, on August 1, 2019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-17494 Filed 8-16-19; 8:45 am]
BILLING CODE 4910-13-P