[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26326-26350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141

[Docket No.: FAA-2020-0446; Amdt. No(s). Amendment numbers 21-102, 61-
145, 63-43, 65-60, 91-357, 107-3, 125-69, and 141-21]
RIN 2120-AL63


Relief for Certain Persons and Operations During the Coronavirus 
Disease 2019 (COVID-19) Outbreak

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This Special Federal Aviation Regulation (SFAR) provides 
regulatory relief to persons who have been unable to comply with 
certain training, recent experience, testing, and checking requirements 
due to the Coronavirus Disease 2019 (COVID-19) outbreak. This relief 
allows operators to continue to use pilots and other crewmembers in 
support of essential operations during this period. Additionally, this 
SFAR provides regulatory relief to certain persons and pilot schools 
unable to meet duration and renewal requirements due to the outbreak. 
This rule also allows certain air carriers and operators to fly 
temporary overflow aircraft, a need resulting from the outbreak, to a 
point of storage pursuant to a special flight permit with a continuing 
authorization.

DATES: Effective April 30, 2020 through March 31, 2021.

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 technical questions concerning 
this action for pilots, contact Craig Holmes, General Aviation and 
Commercial Division; Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-1100; email [email protected]. For technical questions 
concerning this action for mechanics and special flight permits, 
contact Kevin Morgan, Aircraft Maintenance Division; Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-1675; email [email protected]. For

[[Page 26327]]

technical questions concerning this action for aircraft dispatchers and 
flight engineers, contact Theodora Kessaris and Sheri Pippin, Air 
Transportation Division, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8166; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' In addition, section 553(d) of the APA requires that 
agencies publish a rule not less than 30 days before its effective 
date, except a substantive rule that relieves a restriction or ``as 
otherwise provided by the agency for good cause found and published 
with the rule.'' 5 U.S.C. 553(d)(1) and (3).
    The FAA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive prior 
notice and the opportunity for public comment. The provisions in this 
final rule provide temporary relief to persons who have been unable to 
meet certain requirements during the national emergency concerning 
COVID-19. Without this final rule, certain individuals will not be able 
to continue exercising privileges in support of essential operations 
due to their inability to satisfy certain training, recent experience, 
testing, and checking requirements. Additionally, other individuals 
may--to the extent possible given closures--attempt to satisfy 
requirements through means contrary to the national social distancing 
guidelines in order to avoid economic burdens resulting from non-
compliance with FAA regulations.
    The FAA recognizes that there are aviation operations outside of 
air carrier and commercial operations conducted under part 119 of title 
14 of the Code of Federal Regulations (14 CFR) that are critical during 
the COVID-19 outbreak, including operations that support essential 
services and flights that support fighting the outbreak. These 
operations are likely to face disruption due to a decreased supply of 
qualified pilots. Since March 2020 and with each month thereafter, a 
new group of pilots becomes unavailable to perform critical operations 
because they cannot comply with certain training, recent experience, 
testing, or checking requirements. This SFAR will provide temporary 
relief to certain individuals whose qualifications would otherwise 
lapse, to ensure there are a sufficient number of qualified personnel 
available to conduct essential aviation activities during this period. 
The FAA finds that this temporary action is needed to enable 
individuals to continue to exercise their airman certificate privileges 
during the national emergency.
    This action is also needed to provide immediate notification to 
individuals facing impending expiration dates for certificates, 
endorsements, and test results.\1\ With the cessation of many non-
essential aviation training and testing activities, many individuals 
have been unable to complete certain activities before encountering 
expiration dates. Absent the relief in this rule, persons may attempt 
to satisfy certain requirements to avoid economic burdens associated 
with non-compliance, despite the fact that compliance would require 
acting contrary to the national social distancing guidelines. This 
final rule provides immediate relief from certain duration and renewal 
requirements to reduce unnecessary risk of exposure and to assure 
persons that they will not endure economic burdens due to non-
compliance with certain regulations.
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    \1\ Certain FAA regulations require a person to take action 
within a particular timeframe in order to avoid an expiration. For 
example, a knowledge test result is generally valid for 24 months. A 
person must take the practical test before the knowledge test result 
expires or he or she must retake the knowledge test at additional 
cost.
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    Accordingly, the FAA finds that providing notice and an opportunity 
to comment is contrary to the public interest, because it would delay 
implementation of this final rule, could result in disruption to 
critical aviation operations, and could increase the incidence of 
exposure during this public health emergency.
    In addition, for the same reasons stated above, the FAA finds good 
cause to waive the 30-day delay in effective date of this final rule 
under 5 U.S.C. 553(d)(3) for the SFAR provisions that address the 
training and qualification requirements. Because the APA also allows a 
substantive rule that relieves a restriction to become effective in 
less than 30 days after publication, the FAA finds that the SFAR 
provisions that provide relief by extending duration and renewal 
requirements may also be immediately effective. 5 U.S.C. 553(d)(1).

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 the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security; and 49 U.S.C. 44703(a), which requires 
the Administrator to prescribe regulations for the issuance of airman 
certificates when the Administrator finds, after investigation, that an 
individual is qualified for, and physically able to perform the duties 
related to, the position authorized by the certificate. This rulemaking 
provides airmen relief from certain training, recency, testing, and 
checking requirements, and establishes qualification requirements for 
airmen seeking to conduct essential operations during the COVID-19 
outbreak. For these reasons, this rulemaking is within the scope of the 
FAA's authority.

List of Abbreviations and Acronyms Frequently Used In This Document

ATP--Airline Transport Pilot
COVID-19--Coronavirus Disease 2019
IFR--Instrument Flight Rules
PIC--Pilot in Command
SIC--Second in Command
UAS--Unmanned Aircraft Systems

Table of Contents

I. Overview of Final Rule
II. Background
III. Discussion of Final Rule
    A. Relief From Certain Training, Recency, Testing and Checking 
Requirements
    1. Part 61
    a. Second-in-Command Qualifications (Sec.  61.55)
    b. Flight Review (Sec.  61.56)
    c. Recent Flight Experience: Pilot in Command (Sec.  61.57)
    d. Pilot-in-Command Proficiency Check: Operation of an Aircraft 
That Requires More Than One Pilot Flight Crewmember or Is Turbojet-
Powered (Sec.  61.58)
    2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.  
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091, 
91.1093, 91.1095, 91.1099, 91.1107)
    3. Mitsubishi MU-2B Series Special Training, Experience, and 
Operating Requirements (Part 91, Sec. Sec.  91.1703, 91.1705, 
91.1715)
    4. Aeronautical Knowledge Recency (Sec.  107.65)

[[Page 26328]]

    5. Part 125 Flight Crewmember Requirements (Sec. Sec.  125.285, 
125.287, 125.289, 125.291, 125.293)
    6. Robinson R-22/R-44 Special Training and Experience 
Requirements (SFAR 73)
    B. Relief From Certain Duration and Renewal Requirements
    1. Part 61
    a. Medical Certificates: Requirement and Duration (Sec.  61.23)
    b. Prerequisites for Practical Tests (Sec.  61.39)
    c. Renewal Requirements for Flight Instructor Certification 
(Sec.  61.197)
    2. Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations (SFAR 100-2)
    3. Part 63
    a. Certificates and Ratings Required (Sec.  63.3)
    b. Knowledge Requirements (Sec.  63.35)
    4. Part 65
    a. [Dispatcher] Knowledge Requirements (Sec.  65.55)
    b. Eligibility Requirements: General (Sec.  65.71)
    c. Inspection Authorization: Renewal (Sec.  65.93)
    d. Military Riggers or Former Military Riggers: Special 
Certification Rule (Sec.  65.117)
    5. Part 141
    a. Requirements for a Pilot School Certificate (Sec.  141.5)
    b. Renewal of Certificates and Ratings (Sec.  141.27)
    C. Other Relief for Special Flight Permits (Sec.  21.197)
IV. Regulatory Notices and Analyses
V. Executive Order Determinations
VI. How to Obtain Additional Information

I. Overview of Final Rule

    The FAA's regulations contain several training, recent experience, 
testing, and checking requirements that persons must comply with prior 
to exercising their airman or crewmember privileges. The FAA's 
regulations also contain duration requirements, such as those 
pertaining to medical certificates, the validity of knowledge tests, 
and general procedures for completing a practical test. Additionally, 
the FAA prescribes renewal requirements for inspection authorization 
holders, flight instructors, and pilot school certificates. Because of 
the national social distancing guidelines to prevent the transmission 
of COVID-19, persons have been unable to comply with several of the 
FAA's requirements. As a result, ``lapses'' in qualifications, which 
occur on the last day of each month, will affect an additional cohort 
of regulated parties at the end of each month during which stay-at-home 
advisories are in place and even as routine activities begin to resume. 
The regulatory relief provided in this SFAR will enable the continuity 
of aviation operations that are critical during the COVID-19 outbreak, 
including operations that support essential services and flights that 
support response efforts. Additionally, the SFAR contains regulatory 
relief for persons who are unable to satisfy certain requirements, to 
prevent those persons from enduring unnecessary economic burdens due to 
circumstances related to the outbreak that are outside of their 
control.
    The FAA's regulations also contain requirements for special flight 
permits. The COVID-19 public health emergency has resulted in a number 
of air carriers and operators needing to store aircraft long term. This 
SFAR provides regulatory relief to temporary overflow aircraft to be 
flown to a point of storage with a continuing authorization.
    This SFAR is effective through March 31, 2021, which is the longest 
duration of relief under this rule, provided to airman who hold 
inspection authorizations under part 65. The FAA advises, however, that 
this date does not reflect the duration for every provision in the 
SFAR. Each person exercising relief provided by this SFAR should 
understand the conditions and duration of such relief.

II. Background

    Generally, the FAA issues airman certificates to individuals upon 
successful completion of a knowledge test and practical test. Once an 
airman holds a certificate, the FAA's regulations contain additional 
training and qualification requirements that an airman must satisfy to 
continue exercising the privileges of the certificate or to conduct a 
particular operation in a specific aircraft.
    Part 61 contains various recent experience \2\ (``recency'') and 
recurrent training and checking requirements \3\ that a pilot must 
satisfy prior to acting as pilot in command (PIC).\4\ Several 
regulations require pilots to obtain proficiency checks from someone 
authorized by the Administrator prior to serving as PIC (or in some 
cases, second in command (SIC)) of an aircraft.\5\ Part 91, subpart K, 
and part 125 contain specific qualification requirements for 
crewmembers.\6\ Part 107 contains an aeronautical knowledge recency 
requirement that must be met prior to operating a small unmanned 
aircraft system (UAS).\7\ FAA also has recurrent training and recent 
experience requirements specific to the Mitsubishi MU-2B \8\ and recent 
experience requirements specific to the Robinson R-22/R-44.\9\
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    \2\ Recent flight experience requirements generally may be 
accomplished by a pilot without having on board an instructor or 
other person authorized by the Administrator.
    \3\ Recurrent training and checking requirements generally must 
be accomplished with an instructor or a person authorized by the 
Administrator to conduct proficiency checks on board.
    \4\ 14 CFR 61.56 and 61.57.
    \5\ 14 CFR 61.55 and 61.58.
    \6\ 14 CFR 91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 
91.1091, 91.1093, 91.1095, 91.1099, 91.1107, 125.285, 125.287, 
125.289, 125.291, and 125.293.
    \7\ 14 CFR 107.65.
    \8\ 14 CFR 91.1703, 91.1705, and 91.1715.
    \9\ SFAR No. 73.
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    In addition, the FAA prescribes several duration requirements, such 
as those pertaining to the validity of knowledge tests and procedures 
for completing practical tests.\10\ The FAA's regulations also contain 
renewal requirements for persons holding flight instructor certificates 
issued under part 61 and for schools holding pilot school certificates 
and provisional pilot school certificates issued under part 141.
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    \10\ 14 CFR 61.39 and 61.43.
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    On January 31, 2020, the Secretary of Health and Human Services 
declared a public health emergency for the United States to aid in 
responding to COVID-19. On March 13, 2020, the President declared that 
the COVID-19 outbreak in the United States constitutes a national 
emergency. COVID-19 cases have been reported in all 50 States as well 
as the District of Columbia, Puerto Rico, Guam, the Northern Mariana 
Islands, and the U.S. Virgin Islands. On March 16, 2020, the President 
and the White House Coronavirus Task Force announced a program called 
``15 Days to Slow the Spread,'' \11\ a nationwide effort to slow the 
spread of COVID-19 in the United States through the implementation of 
social distancing at all levels of society. On March 31, 2020, the 
President and the White House Coronavirus Task Force announced ``30 
Days to Slow the Spread,'' which extended the social distancing 
guidelines for 30 days.\12\
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    \11\ The White House & Centers for Disease Control and 
Prevention, 15 Days to Slow the Spread (Mar. 16, 2020), available at 
https://www.whitehouse.gov/articles/15-days-slow-spread/.
    \12\ The White House & Centers for Disease Control and 
Prevention, 30 Days to Slow the Spread (Mar. 31, 2020), available at 
https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirus-guidance_8.5x11_315PM.pdf.
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    The FAA has received several letters from industry associations 
petitioning the FAA for relief and extensions from certain requirements 
during the COVID-19 public health emergency.\13\ In a letter from the 
Aircraft Owners and Pilots Association (AOPA), National Business 
Aviation Association (NBAA), General Aviation Manufacturers Association 
(GAMA) and Experimental Aircraft

[[Page 26329]]

Association (EAA),\14\ the associations asked the FAA to provide the 
maximum amount of flexibility within its authority by granting 
exemptions or relief from certain regulatory requirements applicable to 
general aviation pilots.\15\
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    \13\ These letters are available in the rulemaking docket.
    \14\ Letter from AOPA, NBAA, GAMA and EAA, to Honorable Steve 
Dickson, Administrator, FAA (March 20, 2020) (available in the 
rulemaking docket).
    \15\ For a complete list of the relief requested, please see the 
associations' letter, which is posted in the rulemaking docket.
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    In another letter,\16\ NBAA noted that private and recreational 
aircraft are used by businesses around the country to provide essential 
support.\17\ NBAA provided examples of critical operations that 
included medical equipment manufacturers' transportation of equipment, 
the use small aircraft to observe the condition of power lines and 
pipelines, and the performance of aerial operations to sustain 
agriculture during planting season. NBAA cited a February 
PricewaterhouseCoopers LLP study that concluded general aviation 
contributes 1.1 million jobs and $247 billion in economic activity to 
the U.S. economy. NBAA emphasized that it is imperative to ensure 
continuity of these operations as our Nation recovers from the COVID-19 
emergency.\18\
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    \16\ Letter from Brian Koester, Director of Flight Operations 
and Regulations, NBAA, to Mr. Bruce DeCleene, Flight Standards 
Service, FAA (March 31, 2020) (available in the rulemaking docket).
    \17\ https://www.cisa.gov/transportation-systems-sector.
    \18\ NBAA expressly sought relief for part 91 (including part 
91, subpart K) and part 125 operators who are unable to comply with 
the PIC proficiency check requirements of Sec.  61.58 during the 
public health emergency.
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    In another letter, several industry associations \19\ sought broad 
relief on behalf of the general aviation industry.\20\ The associations 
recognized the FAA's efforts aimed at air carrier operations, training 
centers, pilot schools, manufacturers, and maintenance providers to 
sustain operations through exemptions and deviations from regulations 
and policies. The associations emphasized, however, that the general 
aviation industry also needs relief to ensure the continuity of 
operations and commerce during the COVID-19 public health 
emergency.\21\ The associations noted that, internationally, other 
civil aviation authorities have already provided exemptions to both 
commercial and noncommercial operators.\22\
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    \19\ This letter was signed by the Aircraft Owners and Pilots 
Association, Air Medical Operators Association, Experimental 
Aircraft Association, General Aviation Manufacturers Association, 
Helicopter Association International, National Agricultural Aviation 
Association, National Air Transportation Association, and National 
Business Aviation Association.
    \20\ Joint industry letter to Mr. Ali Bahrami, Associate 
Administrator for Aviation Safety, FAA (April 1, 2020) (available in 
the rulemaking docket).
    \21\ The associations sought extensions from the timelines set 
forth in several regulations including, but not limited to, part 61 
currency requirements, flight instructor renewal requirements, 
expiration of knowledge tests, and duration requirements for 
completing practical tests.
    \22\ The letter cited to relief provided by civil aviation 
authorities of Brazil, the European Union, Italy, and the United 
Kingdom. The letter as posted in the rulemaking docket contains 
links to access the documents issued by these foreign civil aviation 
authorities.
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    The industry associations also explained how various general 
aviation operations can be critical to the Nation and can play a 
crucial role in the U.S. and worldwide economy. For example, they noted 
that general aviation directly connects more than 5,000 public airports 
compared to the 500 airports used by scheduled airlines. Additionally, 
the associations stressed the importance of general aviation operations 
for lifesaving air medical missions, the movement of essential 
personnel and medical equipment, aerial applications for crops, 
forestry treatments, firefighting, and eradication of mosquitoes and 
other disease-carrying pests. The associations further emphasized the 
importance of rotorcraft operations due to the vertical lift 
capability, which expands the range of locations at which operations 
can take place to support the movement of people, supplies, and 
critical services. The associations also noted that rotorcraft support 
operations of a wide range of public safety service providers, 
including law enforcement, firefighting, and search and rescue.

III. Discussion of Final Rule

    Without the relief provided in this SFAR, certain persons are at 
risk of ceasing operations due to their inability to satisfy training 
and qualification requirements due to disruptions caused by the COVID-
19 outbreak. Airmen have experienced difficulty complying with certain 
training, recency, checking, testing, duration, and renewal 
requirements as a result of stay-at-home advisories and social 
distancing implemented to slow the spread of the virus. To comply with 
many of these requirements, an airman would have been required to be in 
close proximity to another individual, often in a small, confined space 
such as the flight deck of an aircraft or inside a simulator. As such, 
the airman would have had to increase the risk of transmission of the 
virus.
    Even as routine activity begins to resume, the disruption caused by 
such public health measures has impeded and will continue to impede 
training and qualification activities in the near-term, resulting in 
airmen qualifications lapsing either because persons cannot access 
training facilities or FAA inspectors are unavailable to conduct 
required tests, checks, or observations. Furthermore, classroom-
training environments, such as those provided by part 141 pilot 
schools, may continue to introduce personnel to unnecessary risks of 
exposure. To enable the continuity of aviation operations that are 
critical to the Nation, the FAA finds it necessary to provide short-
term relief from certain training, qualification, duration, and renewal 
requirements. Because this SFAR addresses multiple regulations from 
several parts of the Federal Aviation Regulations, the FAA has provided 
the necessary background information in the relevant sections of the 
Discussion of the Final Rule. The FAA emphasizes that, apart from the 
limited relief granted in this SFAR, individuals must continue to 
comply with all applicable FAA regulations.\23\
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    \23\ The FAA notes, in particular, that Sec.  61.51(a) requires 
an individual to log training and aeronautical experience used to 
meet the requirements for a certificate, rating, or flight review 
and aeronautical experience required for meeting the recent flight 
experience requirements of part 61. Likewise, Sec.  61.51(i) 
requires a person to present their pilot certificate, medical 
certificate, logbook, or any other record required by part 61 for 
inspection upon a reasonable request by (i) the Administrator; (ii) 
an authorized representative from the National Transportation Safety 
Board; or (iii) any Federal, State, or local law enforcement 
officer.
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    Each of the following sections explains the relief being granted, 
the airmen or air agencies eligible for the relief, and the mitigations 
the FAA finds necessary to ensure aviation safety is maintained.\24\ 
The temporary relief provided here reflects and is limited to the 
extraordinary circumstances of the COVID-19 outbreak.
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    \24\ As explained further in Section IV.F of this SFAR 
(International Compatibility), certain relief provided in this SFAR 
does not conform with the International Civil Aviation Organization 
(ICAO) Standards and Recommended Practices (SARPs). Certificate 
holders or operators may dispatch or release flights and pilots and 
crewmembers may operate outside of the United States under this 
SFAR, unless otherwise prohibited by a foreign country. For 
international operations where pilots and crewmembers will exercise 
the relief identified here, anyone exercising this relief must have 
access to the SFAR when outside the United States and present a copy 
of this SFAR for inspection upon request by a foreign civil aviation 
authority.
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A. Relief From Certain Training, Recency, Testing and Checking 
Requirements

    As noted in the letters from industry, general aviation operators 
and crewmembers can be a key part of the U.S. infrastructure. The 
support that

[[Page 26330]]

general aviation provides is particularly critical at this time given 
the unprecedented disruption caused by the public health emergency. 
Because public health measures requiring or recommending people to stay 
at home resulted in the inability of airmen to complete certain 
regulatory requirements and such disruptions are likely to continue in 
the short-term as routine activities begin to resume, the FAA finds 
temporary relief from some requirements is warranted to maintain 
critical operations and reduce burdens on airmen.
    Relief granted in this section to certain eligible pilots and 
crewmembers applies only to persons conducting specific operations for 
which the FAA has determined relief is appropriate.
    The relief applies to any operation that requires the pilot to hold 
at least a commercial pilot certificate. This provision will support 
the continuity of essential commercial operations, which include aerial 
observation of critical infrastructure, aerial applications (e.g., 
crops), and private carriage of medical supplies and equipment, which 
are conducted under part 91, subpart K, and parts 125, 133, and 
137.\25\
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    \25\ In accordance with Sec.  137.19, a private operator pilot 
that holds a private pilot certificate is also eligible for relief.
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    Additionally, this relief applies to some operations conducted by 
pilots exercising private pilot privileges, provided the pilot has at 
least 500 hours of total time as a pilot of which 400 hours is as PIC 
and 50 of the PIC hours were accrued in the last 12 calendar months. 
The kinds of operations permitted are those that are:
     Incidental to business or employment,
     in support of family medical needs or to transport 
essential goods for personal use,
     necessary to fly an aircraft to a location in order to 
meet a requirement of this chapter, or
     a flight to transport essential goods and/or medical 
supplies to support public health needs.
    This SFAR also extends to pilots conducting charitable medical 
flights for a volunteer pilot organization pursuant to an exemption 
issued under part 11, provided the pilots continue to comply with the 
conditions and limitations of the exemption. For flights conducted by 
private pilots under this relief, no one may be carried on the aircraft 
unless that person is essential to the purpose of the flight, such as 
when transporting doctors for the purpose of providing medical care. 
This relief does not permit private pilots to conduct these operations 
for compensation or hire unless permitted under the exception in Sec.  
61.113(b), (d), (e), or (h), or by exemption.\26\
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    \26\ The FAA has consistently construed compensation under Sec.  
61.113(a) broadly. Compensation does not require a profit, profit 
motive, or the actual payment of funds. Rather, compensation is the 
receipt of anything of value, including the reimbursement of 
expenses. For additional discussion, the FAA has issued legal 
interpretations with respect to what constitutes compensation. 
Furthermore, nothing in this SFAR relieves a person from the 
requirement to hold a part 119 certificate if applicable FAA 
regulations require a part 119 certificate. See generally FAA 
Advisory Circular 120-12A (Apr. 24, 1986) and FAA Advisory Circular 
61-142 (Feb. 25, 2020).
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    This relief also extends to flight attendant crewmembers, check 
pilots, and flight instructors under part 91, subpart K, and part 125. 
Finally, this relief applies to operations conducted under part 107 of 
this chapter by a person who holds a remote pilot certificate issued 
under part 107. Pilots exercising commercial pilot privileges have at 
least 190 hours of flight time as a pilot and have been tested to a 
higher standard than private pilots. The eligibility requirements for 
private pilots are consistent with conditions and limitations imposed 
on private pilots conducting charitable flights under a part 11 
exemption.
    This SFAR addresses crewmember qualifications that have already 
lapsed as well as those that may lapse in the next few months, provided 
the crewmember is eligible for the relief and satisfies the safety 
mitigations before exercising their privileges. The eligibility 
requirements and mitigations are discussed more fully in each 
subsection.
1. Part 61
    Part 61 prescribes the requirements for pilot, flight instructor, 
and ground instructor certification, which include training, recency, 
testing, and checking requirements. The FAA is providing relief for 
second-in-command (SIC) qualifications, pilot flight reviews, specific 
recency of experience requirements, and the PIC proficiency check for 
pilots that operate aircraft that require more than one pilot flight 
crewmember or are turbojet-powered. The specific relief is described in 
paragraphs A.1.a. through A.1.d.
a. Second-in-Command Qualifications (Sec.  61.55)
    Section 61.55(b) states that no person may serve as SIC of an 
aircraft certificated for more than one required pilot flight 
crewmember or in operations requiring a SIC unless that person has, 
within the previous 12 calendar months, become familiar with certain 
information specific to the type of aircraft and performed and logged 
pilot time in the type of aircraft or in a flight simulator that 
represents the type of aircraft.\27\ Although paragraph (c) provides 
SICs a grace month \28\ for accomplishing this recency requirement, the 
public health emergency is creating challenges for accomplishing this 
requirement even within that additional timeframe.
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    \27\ Section 61.55(b)(1)(i) specifies SICs must become familiar 
with operational procedures applicable to the powerplant, equipment, 
and systems; performance specifications and limitations; normal, 
abnormal, and emergency operating procedures; flight manual; and 
placards and markings. As prescribed in paragraph (b)(2), the SIC 
must also log pilot time and perform at least three takeoffs and 
three landings to a full stop as the sole manipulator of the flight 
controls; engine-out procedures and maneuvering with an engine out 
while executing the duties of pilot in command; and receive crew 
resource management training.
    \28\ The ``grace month'' is the month after the month in which 
training is due.
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    As a result, the FAA finds, under the extraordinary circumstances 
of the COVID-19 outbreak, that allowing eligible SICs two additional 
grace months for completing the requirements of Sec.  61.55(b) would 
not present additional risk to aviation safety that cannot be 
mitigated, as explained in the next paragraph. The additional grace 
months are available to pilots whose base month falls in March, April, 
May, or June 2020. The ``base month'' is the month in which training is 
due. The ``grace months'' are the months after the month in which 
training is due, during which the pilot is still eligible to maintain 
recency. Under this SFAR, pilots will have a total of three grace 
months after the base month to accomplish the requirements of Sec.  
61.55(b).\29\ If these requirements are completed during the grace 
period, they will be considered to have been completed during the base 
month.
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    \29\ The three grace months consist of the grace month provided 
in Sec.  61.55(c) and the two additional grace months provided by 
this SFAR.
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    To attain the two additional grace months, eligible pilots must 
complete the following requirements prior to serving as an SIC: (1) 
Review the information for the specific type of aircraft for which they 
are seeking SIC privileges as prescribed in Sec.  61.55(b)(1)(i)-(v); 
and (2) have logged at least three takeoffs and landings to a full stop 
as the sole manipulator of the flight controls of the aircraft they 
will serve as an SIC in within the 180 days prior to serving as an SIC 
in that aircraft.
b. Flight Review (Sec.  61.56)
    Section 61.56(c) states that no person may act as PIC of an 
aircraft, unless since the beginning of the 24th calendar

[[Page 26331]]

month before the month in which that person acts as PIC, that person 
has accomplished a flight review in an aircraft for which that person 
is rated and the person's logbook has been endorsed for that review by 
an authorized instructor certifying the review was satisfactorily 
completed.\30\
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    \30\ Section 61.56(a) requires the flight review to consist of a 
minimum of 1 hour of flight training and 1 hour of ground training.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that extending the 24 calendar month requirement of Sec.  
61.56(c) by up to three calendar months will not adversely affect 
safety, provided the extension applies to active pilots and certain 
risk mitigations are met. The three calendar month extension applies to 
pilots who were current to act as PIC of an aircraft in March 2020 and 
whose flight review was due in March 2020 through June 2020. To 
mitigate any safety risk, the pilot must have logged at least 10 hours 
of PIC time within the twelve calendar months preceding the month the 
flight review was due. This flight time must be obtained in an aircraft 
for which that pilot is rated.\31\ In addition, eligible pilots will 
need to complete FAA Safety Team online courses totaling at least three 
WINGS credits.\32\ The courses must have been completed in January 2020 
or later to meet this requirement. Completion of the safety courses 
demonstrates continued learning and pilot professional development.
---------------------------------------------------------------------------

    \31\ The FAA notes that requiring the flight time to be 
completed in an aircraft for which the pilot is rated is consistent 
with the requirement in Sec.  61.56 for the flight review to be 
accomplished in an aircraft for which the pilot is rated.
    \32\ The WINGS--Pilot Proficiency Program was developed to 
address accident causal factors in general aviation by promoting 
continuous learning and training through online courses, seminars, 
and other events along with opportunities to fly with an instructor. 
The FAA and third-party vendors offer courses, many of which are 
free, for credit. Eligible WINGS courses for pilots can be found on 
the FAA Safety Team website at www.faasafety.gov. The credit 
assigned to each course is listed in the catalog of available 
courses.
---------------------------------------------------------------------------

c. Recent Flight Experience: Pilot in Command (Sec.  61.57)
    Section 61.57 contains the recent flight experience requirements to 
serve as a PIC in an aircraft under various conditions. These 
conditions include the recency requirements for carrying passengers 
during day and night operations and operations under instrument flight 
rules (IFR). After reviewing the recent flight experience requirements 
of this section, the FAA has determined that only relief for instrument 
recency is warranted.
    Section 61.57(c) specifies the requirements to serve as a PIC under 
IFR or weather conditions less than the minimums prescribed for visual 
flight rules (VFR). To be current under Sec.  61.57(c),\33\ a pilot 
must have performed and logged, within the six calendar months 
preceding the month of the flight, six instrument approaches, holding 
procedures and tasks, and intercepting and tracking courses through the 
use of navigational electronic systems. This experience can be 
performed in actual weather conditions or under simulated conditions 
using a view-limiting device in an airplane, powered-lift, helicopter, 
or airship, as appropriate, or in a full flight simulator (FFS), flight 
training device (FTD), or aviation training device (ATD) if the device 
represents the category of aircraft for the instrument rating 
privileges to be maintained.\34\
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    \33\ Section 61.57(c)(1) contains the requirements for 
maintaining instrument experience in an airplane, powered-lift, 
helicopter, or airship. Section 61.57(c)(3) contains the 
requirements for maintaining instrument experience in a glider.
    \34\ Section 61.57(c)(2) further allows the person to complete 
the instrument experience required by paragraph (c)(1) in any 
combination of aircraft, FFS, FTD, or ATD.
---------------------------------------------------------------------------

    If a pilot is unable to establish instrument recency in accordance 
with Sec.  61.57(c), paragraph (d) prescribes how a pilot may 
reestablish instrument recency. If a pilot does not have the required 
approaches, holding, and intercepting and tracking courses in the 
preceding six calendar months, the pilot has an additional six calendar 
months to obtain the required experience by flying with a view-limiting 
device and a safety pilot \35\ or using a training device. During this 
period, the pilot may not serve as the PIC under IFR or weather 
conditions less than the minimums prescribed for VFR. If the pilot 
fails to meet the instrument experience requirements for more than six 
calendar months, the pilot must complete an instrument proficiency 
check administered by an authorized instructor, company check pilot, 
designated pilot examiner, or person approved by the Administrator.\36\
---------------------------------------------------------------------------

    \35\ A safety pilot is a person who occupies a control seat in 
an aircraft and maintains a visual watch when the pilot manipulating 
the flight controls of the aircraft is using a view-limiting device 
to simulate flight by reference to instruments. 14 CFR 91.109(c).
    \36\ Section 61.57(d)(3) contains the list of persons who may 
administer an instrument proficiency check.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that relief for instrument recency is appropriate under 
certain conditions. The FAA is extending the six calendar month 
requirement of Sec.  61.57(c)(1) by an additional three calendar 
months. This will enable a pilot to continue exercising instrument 
privileges, provided the pilot has performed the required tasks within 
the nine calendar months preceding the month of the flight, instead of 
the preceding six calendar months.
    To be eligible for the relief, a pilot will need to have some 
recent experience in instrument flight. More specifically, the FAA is 
requiring that the pilot have logged, in the preceding six calendar 
months, three instrument approaches in actual weather conditions, or 
under simulated conditions using a view-limiting device. Eligible 
pilots may exercise the relief in this SFAR through June 30, 2020. 
After that date, a pilot must be current in accordance with Sec.  
61.57(c). If the pilot does not meet the instrument experience 
requirements before June 30, 2020, the pilot retains the ability to 
reestablish recency in accordance with Sec.  61.57(d). However, the 
pilot will no longer have six months to reestablish instrument recency. 
Instead, the number of months available for a pilot to attain the 
instrument experience prior to requiring completion of the instrument 
proficiency check will depend on when the person last established 
instrument recency in accordance with Sec.  61.57(c).\37\
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    \37\ For example, if the pilot performed and logged the tasks 
required by Sec.  61.57(c)(1) in October 2019, that pilot may 
continue exercising instrument privileges under this SFAR after 
April 2020, provided the pilot meets the qualification requirements. 
This SFAR would allow that pilot to continue acting as PIC under IFR 
or in weather conditions less than the minimums prescribed for VFR 
until June 30, 2020. After June 30, 2020, that pilot would be 
required to comply with Sec.  61.57(c). As previously mentioned, 
Sec.  61.57(d) gives a pilot who has failed to meet the instrument 
experience requirements of paragraph (c) a grace period of six 
calendar months to reestablish instrument recency. A pilot who does 
not reestablish instrument recency during those additional six 
calendar months may reestablish instrument recency only by 
completing an instrument proficiency check. Therefore, if the pilot 
in this hypothetical fails to complete the tasks required by Sec.  
61.57(c)(1) by June 30, 2020, that pilot would have four calendar 
months (until October 31, 2020) available to attain the instrument 
experience prior to requiring completion of an instrument 
proficiency check.
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d. Pilot-in-Command Proficiency Check: Operation of an Aircraft That 
Requires More Than One Pilot Flight Crewmember or Is Turbojet-Powered 
(Sec.  61.58)
    Section 61.58 requires a PIC proficiency check for those pilots 
that fly an aircraft that requires more than one pilot flight 
crewmember or is turbojet-powered. Paragraph (a)(1) requires a pilot to 
complete a PIC proficiency check within the preceding

[[Page 26332]]

twelve calendar months in an aircraft that is type certificated for 
more than one required pilot flight crewmember or is turbojet-powered. 
In addition, paragraph (a)(2) requires a pilot to accomplish, within 
the preceding 24 calendar months, a PIC proficiency check in the 
particular type of aircraft in which that person will serve as PIC that 
is type-certificated for more than one required pilot flight crewmember 
or is turbojet-powered.\38\ Paragraph (i) establishes a grace month for 
completing the PIC proficiency check. Specifically, it allows the check 
to be completed in the month prior to or the month after the month in 
which the check is due.
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    \38\ In accordance with Sec.  61.58(b), this section does not 
apply to persons conducting operations under subpart K of part 91, 
or part 121, 125, 133, 135, or 137. In accordance with Sec.  
61.57(c), the PIC proficiency check given in accordance with subpart 
K of part 91, parts 121, 125, or 135 may be used to satisfy the 
requirements of this section.
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    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing two additional grace months for completing 
the PIC proficiency checks required by Sec.  61.58(a)(1) and (2) does 
not present a risk to aviation safety that cannot be mitigated, as 
explained in the next paragraph. Eligible pilots are those pilots who 
are required to complete a proficiency check in accordance with Sec.  
61.58(a)(1) and whose base month falls within the time period of March 
2020 through June 2020. In accordance with Sec.  61.58(a)(2), pilots 
who have not completed a proficiency check in the aircraft they intend 
to fly within the preceding 24 calendar months and whose base month 
falls between March 2020 and June 2020, are also eligible for the 
relief in this SFAR.\39\ Pilots will have a total of three grace months 
after the base month to accomplish the PIC proficiency check required 
by Sec.  61.58(a)(1) and (2).\40\ A PIC proficiency check completed 
during the grace period will be considered to have been completed in 
the base month.
---------------------------------------------------------------------------

    \39\ If a pilot's base month is June 2020, this SFAR extends the 
validity through September 30, 2020.
    \40\ This three-month grace period includes the grace month that 
is already provided by Sec.  61.58(i) and the two additional grace 
months provided by this SFAR.
---------------------------------------------------------------------------

    To obtain the two additional grace months provided by this SFAR, a 
pilot must meet certain qualification requirements to ensure the pilot 
has recent flight experience and is knowledgeable on the procedures and 
performance limitations for the specific type of aircraft the PIC will 
operate. First, an eligible pilot must meet the recent flight 
experience required by Sec.  61.57 as applicable to the flight being 
conducted.\41\ Additionally, an eligible pilot must have reviewed, 
within the previous three calendar months preceding the month of the 
flight, the following for each specific aircraft type for which PIC 
privileges are desired:
---------------------------------------------------------------------------

    \41\ A pilot may use the relief to Sec.  61.57 for instrument 
recency in conjunction with the relief provided for Sec.  61.58 in 
this SFAR.
---------------------------------------------------------------------------

    a. Operational procedures applicable to the powerplant, equipment, 
and systems.
    b. Performance specifications and limitations.
    c. Normal, abnormal, and emergency operating procedures.
    d. Flight manual.
    e. Placards and markings.
2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.  
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091, 91.1093, 
91.1095, 91.1099, 91.1107)
    Part 91, subpart K, prescribes the additional rules that apply to 
private, general aviation fractional ownership programs. The subpart 
provides the regulatory definitions and safety standards for fractional 
ownership programs; defines the program and program elements; allocates 
operational control responsibilities and authority to the owners and 
program manager; and provides increased operational and maintenance 
safety requirements for fractional ownership programs. There are 
currently nine fractional ownership programs operating under part 91, 
subpart K. They range in size from managers with two aircraft to 
managers with over 500 airplanes and helicopters.
    The crewmember testing and checking requirements are established in 
Sec. Sec.  91.1065, 91.1067, 91.1069, and 91.1071. Recurrent training 
requirements for crewmembers are specified in Sec. Sec.  91.1073, 
91.1099, and 91.1107. These requirements cover the following activities 
and timelines for completion:
     Section 91.1065--pilot knowledge testing and competency 
checking requirements (completed within the previous twelve months 
before the pilot serves as a required crewmember);
     Section 91.1067--flight attendant crewmember testing 
requirements (completed within the previous twelve months before 
serving as a flight attendant crewmember);
     Section 91.1069(a) and (b)--instrument proficiency 
checking requirements for PICs (completed within the previous six 
months) and SICs (completed in previous twelve months);
     Section 91.1099--initial or recurrent training (completed 
within the previous twelve months before serving as a crewmember);
     Section 91.1107--crewmember recurrent training (completed 
within the previous twelve months before serving as a crewmember);
     Section 91.1069(c)--instrument approach procedure recency 
(demonstrated that type of approach within previous six months);
     Section 91.1071(a)--creates a grace month that allows a 
crewmember test or flight check required by subpart K to be completed 
in the month before or after the month it is required; and
     Section 91.1073(b)--creates a grace month that allows 
crewmember recurrent training required by subpart K to be completed in 
the month before or after the month it is required.
    Subpart K of part 91 also contains instructor and check pilot 
qualifications in Sec. Sec.  91.1089 through 91.1095. Sections 91.1089 
and 91.1091 require check pilots and flight instructors qualified in 
simulators to fly at least two flight segments as a required crewmember 
for the type, class, or category of aircraft involved within the 
previous twelve-month period or complete an approved line-observation 
program within the period prescribed by that program. Paragraph (g) in 
both sections provides a grace month stating that the flight segments 
or line observations are considered complete if completed in the month 
before or the month after in which they are due. Sections 91.1093 and 
91.1095 require that a person who conducts checking or instruction have 
satisfactorily completed an observation check within the preceding 24 
months. Paragraph (b) in both sections also provides a grace month for 
the checks to be completed.
    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing a total of three grace months after the base 
month for completing the covered training, testing, and checking 
requirements for crewmembers, check pilots, and flight instructors 
whose base month is in March, April, May, or June 2020--many of which 
already permit one grace month--does not present a risk to aviation 
safety that cannot be mitigated under the conditions of this SFAR. 
Management specifications holders must conduct a safety analysis and 
provide appropriate mitigations in an acceptable plan to their FAA 
principal inspector. This plan would address any potential risk 
introduced by extending crewmember, check pilot, and flight instructor 
qualifications, training, and checking. The plan must ensure 
crewmembers remain adequately trained and currently proficient for each

[[Page 26333]]

aircraft, crewmember position, and type of operation in which the 
crewmember serves in accordance with Sec.  91.1081(e). The relief 
applies to requirements for currently qualified crewmembers, check 
pilots, and flight instructors only. It does not apply to requirements 
for the training and qualification of new personnel.
3. Mitsubishi MU-2B Series Special Training, Experience, and Operating 
Requirements (Sec. Sec.  91.1703, 91.1705, 91.1715)
    Subpart N of part 91 contains training, experience, and operating 
requirements specific to the Mitsubishi MU-2B series airplane. Except 
as specified in Sec.  91.1703(b),\42\ a person may not manipulate the 
controls, act as PIC, or act as SIC of a MU-2B series airplane for the 
purpose of flight unless that person satisfies certain ground and 
flight training requirements,\43\ including recurrent training 
requirements, in an FAA-approved MU-2B training program that meets the 
standards of subpart N of part 91. This requirement is contained in 
Sec.  91.1705(a)(1).\44\
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    \42\ Section 91.1703(b) states that a person who does not meet 
the requirements of subpart N of part 91 may manipulate the controls 
of a Mitsubishi MU-2B series airplane if a PIC who meets the 
requirements of subpart N of part 91 is occupying a pilot station, 
no passengers or cargo are carried on board the airplane, and the 
flight is being conducted for one of the reasons specified in Sec.  
91.1703(b)(1) through (3).
    \43\ The requirements for ground and flight training are on 
initial/transition, requalification, recurrent, and differences 
training. 14 CFR 91.1705(a)(1).
    \44\ Section 91.1705(a)(2) requires the person's logbook to have 
been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    In addition, Sec.  91.1705(b)(1) states that, except as specified 
in Sec.  91.1703(b), a person may not manipulate the controls, act as 
PIC, or act as SIC, of a MU-2B series airplane for the purpose of 
flight unless that person satisfactorily completes, if applicable, 
recurrent pilot training on the special emphasis items and all items 
listed in the Training Course Final Phase Check in accordance with an 
FAA-approved MU-2B training program that meets the standards of subpart 
N of part 91.\45\
---------------------------------------------------------------------------

    \45\ Section 91.1705(b)(2) also requires the person's logbook to 
have been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    Section 91.1703(e) requires a person to complete recurrent training 
within the preceding twelve months without the option of a grace 
month.\46\ Under Sec.  91.1705(e), however, a person has one grace 
month to comply with the training requirements of Sec.  91.1705(a) or 
(b). Therefore, Sec.  91.1705(e) allows a person to accomplish the 
recurrent training one month after the month it is due.
---------------------------------------------------------------------------

    \46\ Successful completion of initial/transition training or 
requalification training within the preceding twelve months 
satisfies the requirement of recurrent training. A person must 
successfully complete initial/transition training or requalification 
training before being eligible to receive recurrent training. 14 CFR 
91.1703(e).
---------------------------------------------------------------------------

    Section 91.1715(c) stipulates that completion of a flight review to 
satisfy the requirements of Sec.  61.56 is valid for operation of a 
Mitsubishi MU-2B series airplane only if that flight review is 
conducted in a Mitsubishi MU-2B series airplane, or an MU-2B simulator 
approved for landings with an approved course conducted under part 142.
    Under the extraordinary circumstances of the COVID-19 outbreak, the 
FAA supports relief for certain experienced pilots flying MU-2B series 
airplanes. This relief is not applicable to pilots that are required to 
complete initial/transition or requalification training in an MU-2B 
series airplane,\47\ because these pilots could not meet the 
qualification requirements.
---------------------------------------------------------------------------

    \47\ See Sec.  91.1703(c) or (d).
---------------------------------------------------------------------------

    Under this SFAR, a person may obtain two additional grace months to 
complete the recurrent training requirements.\48\ To be eligible for 
this relief, pilots must be qualified under part 91, subpart N, and 
their base month for completing the recurrent training must fall in 
March, April, May, or June 2020. If a pilot completes the recurrent 
training requirements within the grace period provided by this SFAR, 
the requirements will be considered to have been completed in the base 
month. Additionally, to ensure there is no adverse impact to safety, 
the FAA has determined it is necessary to impose certain qualification 
requirements on pilots seeking to exercise this relief. The 
qualification requirements are intended to serve as risk mitigations to 
ensure that pilots exercising the temporary relief under this SFAR are 
active pilots with recent flight experience in the MU-2B. To exercise 
the relief, a pilot must also have a minimum of 10 hours of flight time 
in an MU-2B series airplane within the previous twelve calendar months 
of the base month. Three of those hours must be obtained within three 
calendar months preceding the base month. In addition, as required by 
Sec.  91.1715(a), the pilot must have at least three takeoffs and 
landings to a full stop as sole manipulator of the controls in an MU-2B 
series airplane within the last ninety days prior to the flight.
---------------------------------------------------------------------------

    \48\ This means a person will have a total of three grace months 
after the due month, because Sec.  91.1705(e) already provides one 
grace month. The ``grace months'' are months after the month in 
which training is due, during which the pilot is still eligible to 
meet the recurrent training requirements.
---------------------------------------------------------------------------

    Furthermore, prior to manipulating the controls of an MU-2B series 
airplane in accordance with this SFAR, pilots must complete three hours 
of self-study since January 1, 2020, and preceding the date of the 
flight. This self-study must include the ground training required by 
Sec.  91.1705(h)(1) and the special emphasis items listed in the 
approved MU-2B training program last completed. In addition, pilots 
must review the limitations, procedures, aircraft performance, and MU-
2B Cockpit Checklist procedures applicable to the flight training 
curriculum required by Sec.  91.1705(h)(2) for the MU-2B model flown 
and the current general operating and flight rules of part 91. 
Consistent with the flight review requirements of this SFAR, MU-2B 
series pilots must complete online courses for three WINGS credits. 
These courses must have been completed since January 1, 2020.
4. Aeronautical Knowledge Recency (Sec.  107.65)
    Section 107.65 requires remote pilots certificated under part 107 
to establish recency of knowledge every 24 calendar months. To meet the 
recency of knowledge requirement per Sec.  107.65(a) or (b), remote 
pilots must pass an FAA knowledge test at a knowledge testing center. 
The initial and recurrent knowledge tests required by Sec.  107.65(a) 
or (b) cover the comprehensive list of knowledge areas specified in 
Sec.  107.73(a) or (b), respectively. Section 107.65(c) allows remote 
pilots who are also certificated under part 61 and have a current 
flight review in accordance with Sec.  61.56 to complete online 
training to meet aeronautical knowledge recency. The initial or 
recurrent training course covers the condensed list of knowledge areas 
specified in Sec.  107.74(a) or (b), respectively, because the part 61 
pilot who has a current flight review has already demonstrated 
knowledge of many of the topic areas tested on the UAS knowledge 
test.\49\
---------------------------------------------------------------------------

    \49\ Final Rule, Operation and Certification of Small Unmanned 
Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016).
---------------------------------------------------------------------------

    Even if open, some knowledge testing centers may introduce airmen 
to risks of exposure to COVID-19. The inability of part 107 operators 
to remain current could have a negative impact on a community's ability 
to support the safe inspection of infrastructure, including power 
lines, fire and rescue, flood responses, law enforcement, and overall 
public safety.
    Under the extraordinary circumstances of the COVID-19 outbreak, 
eligible remote pilots who

[[Page 26334]]

would normally establish recency of knowledge in accordance with Sec.  
107.65(a) or (b) may complete online training as an alternative if 
required to establish recency between April 2020 and June 2020. The 
remote pilot may complete the FAA-developed initial or recurrent online 
training courses \50\ at www.faasafety.gov one time to establish 
knowledge recency for six calendar months.\51\ As previously stated, 
the initial or recurrent online training course covers a condensed list 
of UAS-specific knowledge areas because it is intended for persons who 
hold part 61 pilot certificates and satisfy the flight review 
requirements of Sec.  61.56. The FAA finds that, for a limited duration 
of time, allowing remote pilots to complete one of these online 
training courses is an adequate alternative to passing a knowledge 
test. However, because these courses do not include all of the 
knowledge areas under Sec.  107.73(a) or (b) that a remote pilot is 
required to be tested on every 24 calendar months, the remote pilot 
will need to establish knowledge recency in accordance with Sec.  
107.65 at the conclusion of the six calendar months. Remote pilots who 
qualify to establish recency of aeronautical knowledge per Sec.  
107.65(c) are not included in this relief. Pilots who use the relief 
from Sec.  61.56 in this SFAR may establish recency of aeronautical 
knowledge per Sec.  107.65(c) and retain remote pilot privileges for 24 
calendar months.
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    \50\ ALC-451 (Part 107 Small Unmanned Aircraft Systems (small 
UAS) Initial); ALC-515 (Part 107 Small Unmanned Aircraft Systems 
(small UAS) Recurrent).
    \51\ On February 13, 2019, the FAA published an NPRM that, if 
adopted, would update the regulations that govern part 107 
operations. In the NPRM, the FAA proposed to amend Sec.  107.65(b) 
to allow a remote pilot to meet the recency requirements by 
completing recurrent training (rather than a recurrent knowledge 
test) covering the areas of knowledge specified in Sec.  107.73. The 
FAA is therefore actively engaged in rulemaking that, if adopted, 
would provide the option for taking an online recurrent training 
course in lieu of a UAS knowledge test to all part 107 certificate 
holders. The proposed recurrent training course would cover the 
comprehensive list of knowledge areas set forth in Sec.  107.73, 
rather than the condensed list of knowledge areas in Sec.  107.74, 
which are intended for part 61 certificate holders who satisfy the 
flight review requirements specified in Sec.  61.56. NPRM, Operation 
of Small Unmanned Aircraft Systems Over People, 84 FR 3856 (Feb. 13, 
2019).
---------------------------------------------------------------------------

5. Part 125 Flight Crewmember Requirements (Sec. Sec.  125.285, 
125.287, 125.289, 125.291, 125.293)
    Part 125 certificated operators conduct non-common carriage 
operations. Part 125 operators are not permitted to hold out to the 
public either directly or indirectly but can operate incidental to 
their business and have up to three long-term contracts for commercial 
operations. These contracts are normally for the carriage of cargo, 
sports teams, and orchestras. Section 125.3 establishes deviation 
authority for part 125. This allows operators to deviate from specified 
sections of part 125, under certain circumstances.\52\ The FAA issues a 
Letter of Deviation Authority (LODA) for various kinds of operations to 
include airplane ferry, sales demonstrations, or training.\53\ These 
LODA-holders conduct operations under part 91 and may hold an operating 
certificate and have operations specifications (OpSpecs).\54\ The FAA 
also issues a LODA to an operator that conducts only non-commercial 
operations (i.e., private use only)--specifically an A125 LODA. Holders 
of an A125 LODA do not hold an operating certificate or have OpSpecs. 
Instead, they are issued a letter of authorization (LOA) because the 
flightcrew members operating under an A125 LODA must comply with the 
recency, recurrent testing, and proficiency checking requirements of 
part 125.
---------------------------------------------------------------------------

    \52\ Advisory Circular 125-1A further describes the 
applicability of part 125 to certain large airplane operations in 
other than common carriage and the exceptions to the applicability.
    \53\ These are A510, A511, or A512 LODA holders, respectively.
    \54\ Pilots of these LODA-holders comply with the recency, 
training, and checking requirements of part 61.
---------------------------------------------------------------------------

    Section 125.287 requires a pilot of a part 125 operation to have 
passed a written or oral test given by the Administrator or a check 
airman every twelve calendar months and pass a competency check in the 
type of airplane flown in part 125 operations every twelve calendar 
months.\55\ Section 125.289 requires a flight attendant to complete 
recurrent testing every twelve calendar months. Section 125.293(a) 
provides for a grace month for crewmembers to complete testing or 
checking.\56\ Section 125.291(a) requires that since the beginning of 
the sixth calendar month before service, the PIC of an airplane in a 
part 125 operation under IFR must have passed an instrument proficiency 
check and the Administrator or an authorized check airman has so 
certified in a letter of competency.\57\ Finally, Sec.  125.285(a) 
requires that pilot flight crewmembers complete three takeoffs and 
landings within the preceding 90 days in the type airplane in which 
that person is to serve.
---------------------------------------------------------------------------

    \55\ This section also requires the certificate holder to use a 
pilot who has passed the written or oral test and competency check 
within the preceding 12 calendar months.
    \56\ If a crewmember who is required to take a test or check 
under part 125, if he or she completes the test or check in the 
calendar month before or after the calendar month in which it is 
required, that crewmember is considered to have completed the test 
or check in the calendar month in which it is required.
    \57\ The certificate holder is also required to use a PIC in an 
airplane of a part 125 IFR operation who has completed the 
instrument proficiency check within the preceding six calendar 
months.
---------------------------------------------------------------------------

    Part 125 certificate holders and those that hold an A125 LODA 
operate airplanes with 20 seats or more, or a payload capacity of 6,000 
pounds or more. These large airplanes are typically used to move 
personnel and materials to where they are needed and are an essential 
part of the U.S. supply chain. Part 125 certificate holders and A125 
LODA holders are part of the U.S. economic infrastructure.
    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that allowing two additional grace months for completing 
the recurrent testing, checking, and training requirements does not 
present a risk to aviation safety that cannot be mitigated. In 
addition, the FAA is granting an additional sixty days for completing 
the three required takeoffs and landings. The requirements of this SFAR 
ensure that certificate holders and A125 LODA holders demonstrate a 
plan to mitigate any potential risk introduced by extending flight 
crewmember qualifications.\58\ The relief applies to requirements for 
currently qualified flight crewmembers only, whose base month is March, 
April, May, or June 2020. It does not apply to requirements for the 
training and qualification of new personnel. In order to utilize the 
relief provided by this SFAR, the certificate holder or A125 LODA 
holder must provide an acceptable plan to its assigned principal 
operations inspector for acceptance that contains the following 
information--
---------------------------------------------------------------------------

    \58\ Pilots of other LODA-holders would comply with the 
applicable relief to part 61 training, recency, testing, and 
checking requirements.
---------------------------------------------------------------------------

    (i) A safety analysis and corresponding risk mitigations to be 
implemented by the certificate holder or A125 LODA holder; and
    (ii) The method the certificate holder or A125 LODA holder will use 
to ensure that each crewmember remains adequately tested and currently 
proficient for each aircraft, duty position, and type of operation in 
which the person serves.
6. Robinson R-22/R-44 Special Training and Experience Requirements 
(SFAR 73)
    SFAR 73 established special training and experience requirements 
for pilots

[[Page 26335]]

operating the Robinson model R-22 or R-44 helicopters to maintain safe 
operation of these helicopters. The FAA determined that SFAR 73 was 
needed to increase awareness of, and training for, potential hazards of 
particular flight operations in the Robinson helicopters.
    To act as PIC of a Robinson R-22 or R-44 helicopter, SFAR 73 
requires the person to complete the flight review required under Sec.  
61.56 in an R-22 or R-44 helicopter, as appropriate to the PIC 
privileges sought, if the person has at least 200 flight hours in 
helicopters of which at least 50 flight hours are in the applicable 
Robinson model helicopter for which the person has PIC privileges.\59\ 
Otherwise, it requires the person to comply with the endorsement 
requirements of SFAR 73.\60\
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    \59\ An R-44 PIC may credit up to 25 hours of R-22 PIC time 
towards the 50 hours of PIC time required in the R-44.
    \60\ See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or 
(2) Aeronautical Experience.
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    Under the extraordinary circumstances of the COVID-19 outbreak, the 
FAA has determined that the PIC of an R-22 or R-44 is compliant with 
SFAR 73 if the person meets the recency requirements of Sec.  61.56 
established in this SFAR in an R-22 or R-44, or both, as appropriate. 
This relief is limited to Robinson pilots that have at least 200 hours 
in helicopters of which at least 50 hours are in the applicable 
Robinson model helicopter for which the person has PIC privileges. Low-
time Robinson pilots that are required to complete a flight review 
every twelve calendar months in accordance with SFAR 73 must continue 
to comply with that SFAR.
    For the relief in this SFAR, the flight review must include SFAR 73 
awareness training subjects in paragraph 2(a)(3) and the flight 
training subjects in paragraph 2(b). R-22 or R-44 pilots whose flight 
review is due in March through June 2020 may extend an additional three 
calendar months, provided the pilots have at least 10 hours of PIC time 
in an R-22 or R-44 as applicable, in the preceding twelve calendar 
months, of which three hours must be in the three calendar months 
preceding the month in which the flight review is due. R-22 and R-44 
pilots must also complete a minimum of three hours of self-study since 
January 1, 2020 and prior to the flight being conducted on the 
following subjects--
    1. SFAR 73 awareness training in 2(a)(3)(i)-(v);
    2. 14 CFR part 91 regulations;
    3. Robinson R-22 or R-44 Maneuvers Guide applicable to the model 
(R-22 or R-44) for which the airman has PIC privileges; or both 
maneuver guides, if the airman has PIC privileges in both Robinson 
model helicopters; \61\
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    \61\ The Robinson Maneuver Guides contain the flight training 
subjects identified in SFAR 73 paragraph 2(b).
---------------------------------------------------------------------------

    4. Complete Course ALC-103: Helicopter Weight and Balance, 
Performance at www.faasafety.gov; and
    5. Complete ALC-104: Helicopter--General and Flight Aerodynamics at 
www.faasafety.gov.
    The courses identified in 4 and 5 may be used to satisfy the WINGS 
credit as required by the relief to Sec.  61.56 of this SFAR.\62\
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    \62\ Each course is worth 0.5 credits. R-22 and R-44 pilots will 
need to select additional courses for WINGS credit to fully meet the 
requirements of Sec.  61.56 in this SFAR.
---------------------------------------------------------------------------

B. Relief From Certain Duration and Renewal Requirements

    Maintaining the continuity of operations through the relief in 
section A of this document is important to ensure the stability of 
essential functions of the U.S. transportation system. The FAA also 
finds that it is appropriate to grant relief for certain duration and 
renewal requirements because the COVID-19 outbreak has made compliance 
difficult or in some instances impossible. Without this short-term 
relief, certificate holders will have to choose between attempting to 
comply with FAA requirements or abiding by public health measures.
    The relief discussed more fully in the following sections responds 
to initial disruptions that have prevented certificate holders from 
seeking timely renewals of certificates or from completing certain 
testing activity before expiration dates have passed. Because these 
disruptions may continue for a brief time as routine activities begin 
to resume, the FAA is providing relief for periods of time deemed 
necessary to alleviate the burden. The FAA has determined, under the 
extraordinary circumstances of the COVID-19 outbreak, that this relief 
will not adversely affect safety because it is narrowly focused on a 
small segment of the regulated community, it will be in effect for a 
short duration, and the regulations will provide safeguards to ensure 
an appropriate level of safety is maintained.
1. Part 61
    The FAA is granting temporary regulatory relief from the validity 
dates for medical certificates. This relief is further described in 
B.1.a and B.3.a. The FAA also recognizes that the inability to complete 
a practical test at this time is outside the applicant's control due to 
the cessation of practical tests. As a result, the FAA is providing 
relief to extend the knowledge test validity period as described in 
B.1.b. Finally, because reduced staffing at FAA Flight Standards 
offices, as well as stay-at-home advisories, prevented some flight 
instructors from renewing their certificate based on activity, FAA is 
providing relief to instructors whose certificate expired as described 
in B.1.c.
a. Medical Certificates: Requirement and Duration (Sec. Sec.  61.2, 
61.23)
    Section 61.2(a)(5) states that no person may exercise privileges of 
a medical certificate issued under 14 CFR part 67 if the medical 
certificate is expired according to the duration standards set forth in 
Sec.  61.23(d). Section 61.23(d) states that the duration of a medical 
certificate depends on the age of the person on the date of the medical 
examination, the duty position in which the person is serving, the type 
of operation the person is conducting, and the class of certificate.
    On April 1, 2020, the FAA published an Enforcement Policy for 
Expired Airman Medical Certificates in the Federal Register (85 FR 
18110) notifying the public that the Agency would not take legal 
enforcement action against any person serving as a required pilot 
flight crewmember or flight engineer based on noncompliance with 
medical certificate duration standards. The policy is limited to 
specified certificate expiration dates and to operations within U.S. 
airspace. The FAA also granted two exemptions relating to the duration 
of medical certificates, No. 18516 (Regulatory Docket No. FAA-2020-
0318) and No. 18515 (Regulatory Docket No. FAA-2020-0317) limited to 
operations outside U.S. airspace conducted by certain 14 CFR part 119 
certificate holders. The FAA is incorporating the relief granted in 
those exemptions into this SFAR and expanding it to all pilots to 
encompass all operations subject to Sec. Sec.  61.2, 61.23, and 
63.3.\63\
---------------------------------------------------------------------------

    \63\ Because the medical certification requirement for flight 
engineers falls under part 63, rather than part 61, the SFAR relief 
pertaining to Sec.  63.3 is addressed in Section B.3 of this 
preamble.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 outbreak, the 
FAA has determined that it is not appropriate at this time to maintain 
the requirement of an FAA medical examination, which is a nonemergency 
medical service, in order for pilots with expiring medical certificates 
to obtain new medical certificates. Aviation medical examinations 
increase the risk of

[[Page 26336]]

transmission of the virus through personal contact between the 
physician and the applicant for a medical certificate. Even as routine 
activity begins to resume, the disruption to medical examinations may 
continue.
    The FAA notes that the provisions of this SFAR do not extend to the 
requirements of Sec.  61.53 regarding prohibition on operations during 
medical deficiency. These prohibitions remain critical for all pilots 
to observe, especially given the policy of emergency accommodation 
announced here and the health threat of COVID-19. Accordingly, the FAA 
emphasizes that under Sec.  61.53, no person who holds a medical 
certificate issued under 14 CFR part 67 may act as a required pilot 
flight crewmember while that person:
    (1) Knows or has reason to know of any medical condition that would 
make the person unable to meet the requirements for the medical 
certificate necessary for the pilot operation; or
    (2) is taking medication or receiving other treatment for a medical 
condition that results in the person being unable to meet the 
requirements for the medical certificate necessary for the pilot 
operation.
    The FAA has determined that pilots may operate beyond the validity 
period of their medical certificate for a limited time without creating 
a risk to aviation safety that is unacceptable under the extraordinary 
circumstances surrounding the COVID-19 outbreak. For the reasons cited, 
for medical certificates that expire from March 31, 2020 through May 
31, 2020, the FAA is extending the validity period of these medical 
certificates to June 30, 2020.
b. Prerequisites for Practical Tests (Sec.  61.39)
    Section 61.39 establishes the eligibility requirements for an 
applicant seeking to take a practical test for a certificate or rating 
issued under part 61. Among these requirements, an applicant must have 
passed the required FAA knowledge test within a specified period of 
time. With the exception of the multiengine airplane airline transport 
pilot (ATP) certificate, FAA knowledge tests are valid for 24 calendar 
months.\64\ The multiengine airplane ATP knowledge test is valid for 
sixty calendar months.\65\
---------------------------------------------------------------------------

    \64\ Section 61.39(a)(1)(i) requires the applicant to have 
passed the required knowledge test within the 24-calendar month 
period preceding the month the applicant completes the practical 
test, if a knowledge test is required.
    \65\ Section 61.39(a)(1)(ii) requires the applicant to pass the 
required knowledge test within the sixty-calendar month period 
preceding the month the applicant completes the practical test for 
those applicants who complete the ATP certification training program 
in Sec.  61.156 and pass the knowledge test for an ATP certificate 
with a multiengine class rating after July 31, 2014.
---------------------------------------------------------------------------

    As a result of the COVID-19 outbreak, an applicant may not have 
been able to complete a practical test, as planned, prior to the 
expiration of his or her knowledge test. The majority of practical 
tests, if not all, have been temporarily suspended or cancelled. Most 
examiners are unwilling to provide testing until State and Federal 
public health measures have been lifted. Knowledge testing centers 
delivered more than 60,000 knowledge tests between March and June 
2018.\66\ Although the FAA does not know the number of applicants who 
have subsequently completed the practical test, the number of test 
results set to expire during this time period could be significant.
---------------------------------------------------------------------------

    \66\ FAA Regulatory Support Division provided knowledge test 
data from their Airman Testing Standards database.
---------------------------------------------------------------------------

    If an applicant's knowledge test expires before he or she can 
complete the practical test, that applicant is required to pass another 
knowledge test prior to completing the practical test. It costs a 
person $96-160 per test,\67\ depending upon the testing location, to 
take an FAA knowledge test. Therefore, requiring a person whose 
knowledge test result expired during the COVID-19 outbreak to take 
another knowledge test would result in an additional economic burden on 
the applicant.
---------------------------------------------------------------------------

    \67\ FAA Regulatory Support Division provided knowledge test 
cost information on April 14, 2020.
---------------------------------------------------------------------------

    Where avoidable, it is not in the public interest to induce persons 
to attempt to complete a practical test, contrary to social distancing 
guidelines, solely to avoid an economic burden resulting from 
expiration of their knowledge test.
    The FAA has determined, under the extraordinary circumstances of 
the COVID-19 outbreak, that it is necessary to provide reasonable 
regulatory relief to the specific class of individuals who have 
knowledge tests expiring between March 2020 and June 2020. To ensure 
these individuals are not penalized by having to take another knowledge 
test, the FAA is extending the validity of knowledge tests by a 
duration of three calendar months. Therefore, this SFAR will allow an 
individual who has a knowledge test expiring between March 2020 and 
June 2020 to present the expired knowledge test to show eligibility 
under Sec.  61.39(a)(1) to take a practical test for a certificate or 
rating issued under part 61 for an additional three calendar 
months.\68\
---------------------------------------------------------------------------

    \68\ Except for a multiengine ATP knowledge test, a knowledge 
test taken for a pilot certificate or rating in May 2018 would 
expire in May 2020. With the relief in this SFAR, the passing 
knowledge test results are valid until August 2020.
---------------------------------------------------------------------------

    In addition to passing a knowledge test, the eligibility 
requirements for taking a practical test require an applicant to 
satisfactorily accomplish the required training and obtain the 
aeronautical experience required for the certificate or rating 
sought.\69\ The regulations also require the applicant to have received 
flight training from an authorized instructor in preparation for the 
practical test within the two months preceding the month of the 
test.\70\ The authorized instructor must endorse the applicant's 
logbook or training record certifying that the applicant has received 
and logged this training and is prepared for the required practical 
test.\71\ While this SFAR will allow certain individuals to use an 
expired knowledge test, the other requirements in part 61 will ensure 
the individual is prepared for the practical test, and the evaluator 
administering the practical test will have the opportunity to determine 
whether the person is qualified to hold the certificate.\72\ Under the 
extraordinary circumstances of the COVID-19 outbreak, and because the 
relief applies to a specific group of individuals and is limited in 
duration, the FAA has determined that these regulatory requirements 
will provide sufficient assurance that there will be no adverse impact 
to safety.
---------------------------------------------------------------------------

    \69\ 14 CFR 61.39(a)(3).
    \70\ 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313.
    \71\ 14 CFR 61.39(a)(6).
    \72\ The regulations require the applicant to pass the practical 
test on the areas of operation required for the certificate or 
rating sought. 14 CFR 61.96(b)(7), 61.103(h), 61.123(g), 61.153(h), 
61.165(e)(4) and (f)(5), 61.183(h), 61.307(b), 61.405(b)(2).
---------------------------------------------------------------------------

c. Renewal Requirements for Flight Instructor Certification (Sec.  
61.197)
    Unlike other airman certificates, flight instructor certificates 
have expiration dates. Section[thinsp]61.197 establishes renewal 
requirements for flight instructor certificates. In accordance with 
paragraph (a), a person who holds a flight instructor certificate that 
has not expired may renew that flight instructor certificate through 
various methods. Generally, a flight instructor must renew his or her 
certificate every 24 calendar months.\73\
---------------------------------------------------------------------------

    \73\ Section 61.197(a)(1) permits a flight instructor to renew 
automatically by passing a practical test for a current instructor 
rating or an added instructor rating.
---------------------------------------------------------------------------

    Section 61.197(a)(2) offers four methods for renewal that require 
submitting a completed and signed application with the FAA. The 
application can be submitted in the

[[Page 26337]]

renewal month or up to three calendar months preceding the renewal 
month. Section 61.197(a)(2) requires the flight instructor to 
satisfactorily complete one of the following renewal requirements:
     Train and endorse at least five students for a practical 
test for a certificate or rating during the preceding 24 calendar 
months with at least 80 percent of those students passing on the first 
attempt;
     serve, within the preceding 24 calendar months, as a 
company check pilot, chief flight instructor, company check airman, or 
flight instructor in a part 121 or 135 operation, or in a position 
involving the regular evaluation of pilots;
     successfully complete an approved flight instructor 
refresher course (FIRC), either in-person or online, within the 
preceding three calendar months preceding the expiration date of the 
certificate; or
     pass, within the preceding 24 calendar months, an official 
U.S. Armed Forces military instructor pilot or pilot examiner 
proficiency check in an aircraft for which the military instructor 
already holds a rating or in an aircraft for an additional rating.
    A flight instructor certificate will expire if the flight 
instructor fails to comply with the renewal requirements set forth in 
Sec.  61.197. The holder of an expired flight instructor certificate 
who has not complied with the renewal requirements may reinstate that 
flight instructor certificate and ratings only by passing a practical 
test for one of the ratings held on the flight instructor certificate 
or for an additional rating.\74\
---------------------------------------------------------------------------

    \74\ 14 CFR 61.199.
---------------------------------------------------------------------------

    The COVID-19 outbreak has disrupted certificated flight 
instructors' plans for renewing their certificates using the methods 
prescribed in Sec.  61.197(a)(2). For example, a flight instructor may 
have enrolled in an in-person FIRC that was subsequently cancelled due 
to stay-at-home advisories. Additionally, flight instructors who have 
satisfactorily completed one of the renewal requirements in Sec.  
61.197(a)(2)(i), (ii), or (iv) may be unable to travel to an FAA Flight 
Standards office to present records demonstrating eligibility for 
renewal.
    During the COVID-19 outbreak, the FAA recommends that flight 
instructors take advantage of the option to renew their flight 
instructor certificates by satisfactorily completing an online FIRC in 
accordance with Sec.  61.197(a)(2)(iii).\75\ The FAA recognizes, 
however, that this is not an equitable option for all flight 
instructors as certain flight instructors may have already satisfied a 
renewal requirement other than a FIRC. For example, a flight instructor 
may have already trained and endorsed at least five students in the 
preceding 24 calendar months with an 80 percent pass rate.
---------------------------------------------------------------------------

    \75\ There are seven existing FIRCs that are taught using an 
online platform that require no face-to-face contact. Those online 
FIRC providers also offer Airman Certification Representative (ACR) 
services. These ACRs are authorized to renew a flight instructor 
certificate after successful completion of their FIRC.
---------------------------------------------------------------------------

    The FAA has therefore determined, under the extraordinary 
circumstances of the COVID-19 outbreak, that flight instructors who 
satisfy a renewal requirement listed in Sec.  61.197(a)(2)(i), (ii), or 
(iv) should not be required to also complete an online FIRC, which is 
an additional economic burden, simply because the flight instructor is 
unable to process his or her renewal at an FAA Flight Standards office. 
Accordingly, to accommodate flight instructors who have flight 
instructor certificates expiring between March 31, 2020 and May 31, 
2020, the FAA is extending the validity of these flight instructor 
certificates until June 30, 2020. Therefore, under this SFAR, a flight 
instructor who has a certificate expiring in March, April, May, or June 
2020 may submit a completed and signed application with the FAA and 
show satisfactory completion of the one of the renewal requirements 
listed in Sec.  61.197(a)(2)(i) through (iv) until June 30, 2020. A 
person who renews his or her flight instructor certificate during this 
grace period will retain the original expiration month on the flight 
instructor certificate. For example, if a person's flight instructor 
certificate expires in March 31, 2020, and that person renews his or 
her flight instructor certificate in accordance with this SFAR in June 
2020, that person's renewed flight instructor certificate will still 
expire on March 31, 2022.
    After June 30, 2020, a flight instructor who holds an expired 
flight instructor certificate must reinstate that certificate in 
accordance with Sec.  61.199.
2. Relief for U.S. Military and Civilian Personnel Who Are Assigned 
Outside the United States in Support of U.S. Armed Forces Operations 
(SFAR 100-2)
    SFAR 100-2 allows the FAA Flight Standards offices to accept 
expired flight instructor certificates and inspection authorizations 
for renewals and expired airman written test reports for certain 
practical tests from U.S. military and civilian personnel (U.S. 
personnel) who are assigned outside the United States in support of 
U.S. Armed Forces operations. SFAR 100-2 is necessary to avoid 
penalizing U.S. personnel who are unable to meet the regulatory time 
limits of their flight instructor certificate, inspection 
authorization, or airman written test report because they are serving 
outside the United States in support of U.S. Armed Forces operations 
when they expire. The effect of SFAR 100-2 is to give U.S. personnel 
who are assigned outside the United States in support of U.S. Armed 
Forces operations extra time to meet certain eligibility requirements 
in the current rules.
    Due to social distancing guidelines and stay-at-home advisories, 
persons affected by this SFAR may not be able to comply with paragraph 
2.(c) of SFAR 100-2, which states the person must comply with Sec.  
61.197 or Sec.  65.93, as appropriate, or complete the appropriate 
practical test within six calendar months after returning to the United 
States. Therefore, under the extraordinary circumstances of the COVID-
19 outbreak, the FAA is extending the relief granted by SFAR 100-2 by 
an additional three calendar months for eligible persons who returned 
to the U.S. from deployment in October 2019 through March 2020. This 
relief will enable those persons to complete the requirements of 
paragraph 2.(c) within nine calendar months after returning to the 
United States.\76\ If a person returns from deployment after March 
2020, that person must comply with SFAR-100-2.
---------------------------------------------------------------------------

    \76\ A person who otherwise meets the eligibility requirements 
in SFAR 100-2 who returned from deployment in November 2019 will now 
have until August 2020 to complete the desired certificate 
requirements instead of completing them in May 2020.
---------------------------------------------------------------------------

3. Part 63
    As previously described, the FAA has determined to grant temporary 
relief from the expiration of medical certificates to provide 
additional time for airmen to accomplish medical examinations and 
obtain new medical certificates. Similarly, medical relief for flight 
engineers is necessary as described in B.3.a. Extending knowledge test 
passing results for flight engineers is also necessary and explained in 
B.3.b.
a. Certificates and Ratings Required (Sec.  63.3)
    Section 63.3(b) states that a person may act as a flight engineer 
of an aircraft only if that person holds a current second-class medical 
certificate issued to that person under 14 CFR part 67. For the reason 
previously stated in section

[[Page 26338]]

B.1.a and subject to the same conditions and limitations, the FAA has 
determined that flight engineers may operate beyond the validity period 
of their medical certificate for a limited time without creating a risk 
to aviation safety that is unacceptable under the extraordinary 
circumstances surrounding the COVID-19 outbreak. Accordingly, for 
medical certificates that expire from March 31, 2020 through May 31, 
2020, the FAA is extending the validity period of these medical 
certificates to June 30, 2020.
    The FAA notes that the provisions of this SFAR do not extend to the 
requirements of Sec.  63.19 regarding prohibition on operations during 
physical deficiency. These prohibitions remain critical for all flight 
engineers to observe, especially given the policy of emergency 
accommodation announced here and the health threat of COVID-19. 
Accordingly, the FAA emphasizes that under Sec.  63.19, no person who 
holds a medical certificate issued under 14 CFR part 67 may serve as a 
flight engineer during a period of known physical deficiency, or 
increase in physical deficiency, that would make him or her unable to 
meet the physical requirements for his or her current medical 
certificate.
b. Flight Engineer Knowledge Requirements (Sec.  63.35)
    Section 63.35 establishes the knowledge requirements for a person 
seeking a flight engineer certificate. Paragraph (d) states the 
applicant for a flight engineer certificate or rating must have passed 
the written tests required by paragraphs (a) and (b) since the 
beginning of the 24th calendar month before the month in which the 
flight is taken.\77\
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    \77\ Exceptions to the 24 calendar month limitation are 
prescribed in paragraphs (d)(1) for applicants employed as a flight 
crewmember or mechanic by an air carrier; or (d)(2) for applicants 
that participated in a military flight engineer or maintenance 
program.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble and 
subject to the same condition and limitations, the FAA is also 
providing relief to persons seeking a flight engineer certificate under 
part 63 who have written tests expiring between March 2020 and June 
2020. Consistent with the relief provided to pilot applicants under 
part 61, the FAA is extending the validity of written tests under part 
63 for a duration of three calendar months. The FAA finds, under the 
extraordinary circumstances of the COVID-19 outbreak, that this relief 
will not adversely affect safety because it is narrowly focused on a 
small segment of the regulated community, it will be in effect for a 
short period of time, and the regulations will provide adequate 
safeguards to ensure an appropriate level of safety is maintained.
4. Part 65
    As described for pilots and flight engineers, extending knowledge 
test and written test results for aircraft dispatchers and mechanics, 
respectively, is also warranted and further described in B.4.a. and 
B.4.b. The ability for some mechanics to renew their inspector 
authorization (IA) has also been made more difficult as a result of the 
COVID-19 outbreak; therefore, the FAA is extending relief to eligible 
persons as described in B.4.c. Finally, the ability for former military 
parachute riggers to apply for a senior parachute rigger certificate is 
temporarily difficult, resulting in some limited relief as described in 
B.4.d.
    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that the relief provided to part 65 airmen will not 
adversely affect safety because it is narrowly focused on a small 
segment of the regulated community, it will be in effect for a short 
period of time, and the regulations will provide adequate safeguards to 
ensure an appropriate level of safety is maintained.
a. Dispatcher Knowledge Requirements (Sec.  65.55)
    Section 65.55 establishes the knowledge requirements for a person 
seeking an aircraft dispatcher certificate. Paragraph (b) requires the 
applicant for an aircraft dispatcher certificate to present passing 
knowledge test results within the preceding 24 calendar months.
    For the reasons discussed in section B.1.b and subject to the same 
conditions and limitations, the FAA, under the extraordinary 
circumstances of the COVID-19 outbreak, is also providing relief to 
persons seeking an aircraft dispatcher certificate under part 65 who 
have knowledge tests expiring between March 2020 and June 2020. 
Therefore, consistent with the relief provided to pilot applicants 
under part 61 and flight engineer applicants under part 63, the FAA is 
extending the validity of knowledge tests under Sec.  65.55 for a 
duration of three calendar months. Accordingly, an individual who has a 
knowledge test expiring between March 2020 and June 2020 may present 
the expired knowledge test to show eligibility under Sec.  65.55 to 
take a practical test for an aircraft dispatcher certificate for a 
period of three calendar months.
b. Eligibility Requirements: General (Sec.  65.71)
    Section 65.71 establishes the eligibility requirements for a 
mechanic certificate and associated ratings. Paragraph (a)(3) requires 
an applicant to have passed all of the prescribed tests within a period 
of 24 months from the initiation of testing. Testing for a FAA mechanic 
certificate includes three tests, which are the written, oral, and 
practical.\78\ Section 65.75 establishes the knowledge requirements, 
including the requirement to pass a written test. Section 65.79 
contains the skill requirements, including the requirement to pass an 
oral and practical test. Additionally, Sec.  65.71(b) requires a 
certificated mechanic who applies for an additional rating to meet the 
experience requirements of Sec.  65.77 and, within a period of 24 
months, pass the written test required by Sec.  65.75 and the oral and 
practical tests required by Sec.  65.79 for the additional rating 
sought.
---------------------------------------------------------------------------

    \78\ Under part 65, subpart D, the FAA may issue an airframe or 
powerplant rating. 14 CFR 65.73.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble, the 
FAA, under the extraordinary circumstances of the COVID-19 outbreak, is 
also providing relief to persons seeking a mechanic certificate or 
rating issued under part 65 who have testing periods expiring between 
March 2020 and June 2020. Therefore, consistent with the relief 
provided under parts 61 and 63, the FAA is extending the validity of 
the testing period under Sec.  65.71 for a duration of three months. 
Accordingly, an individual who has a testing period expiring in March, 
April, May, or June 2020 may show eligibility under Sec.  65.71 to take 
a practical test for a mechanic certificate or rating provided the 
testing period does not exceed 27 months.\79\
---------------------------------------------------------------------------

    \79\ If a testing period was to expire on April 30, 2020, this 
SFAR extends the testing period to July 31, 2020.
---------------------------------------------------------------------------

c. Inspection Authorization: Renewal (Sec.  65.93)
    There are more than 30,000 FAA-certificated mechanics \80\ that 
hold inspection authorizations (IA), which enable them to perform vital 
aircraft maintenance services to the general aviation community. With 
the exception of any aircraft maintained in accordance with a 
continuous airworthiness program under part 121, mechanics with IA can 
inspect and approve for return to service any aircraft or related part 
or appliance after a major repair or major alteration to it if the work 
was done in accordance with technical data

[[Page 26339]]

approved by the FAA.\81\ The COVID-19 outbreak has posed a challenge 
for some of these mechanics to meet their renewal requirements under 
Sec.  65.93.
---------------------------------------------------------------------------

    \80\ Information provided by the FAA Aircraft Maintenance 
Division on April 10, 2020.
    \81\ See 14 CFR 65.95(a) (containing inspection authorization 
privileges and limitations) and 43.7(b) (specifying persons 
authorized to approve aircraft, airframes, aircraft engines, 
propellers, appliances, or component parts for return to service 
after maintenance, preventive maintenance, rebuilding, or 
alteration).
---------------------------------------------------------------------------

    Each inspection authorization expires on March 31st of each odd-
numbered year.\82\ However, a person holding an IA may only exercise 
the privileges of an IA if that person meets one of the annual activity 
requirements for each year of the two-year IA renewal period under 
Sec.  65.93. The annual activity requirements prescribed in Sec.  
65.93(a) are: (1) Perform at least one annual inspection for each 
ninety days that the applicant held the current authority; (2) perform 
at least two major repairs or major alterations for each ninety days 
the applicant held the current authority; (3) perform or supervise and 
approve at least one progressive inspection; (4) complete an IA 
refresher course; or (5) pass an oral test by the FAA.
---------------------------------------------------------------------------

    \82\ The next IA renewal is in March 2021. An IA must provide 
evidence of activity for the even year (April 2019-March 2020 and 
the odd year (April 2020-March 2021) in order to renew in March 
2021.
---------------------------------------------------------------------------

    As a result of the COVID-19 outbreak, general aviation flight hours 
have declined dramatically, causing a reduction in aircraft 
maintenance. In some localities, many aircraft maintenance facilities 
are closed. The closure of these facilities could make the IA renewal 
option of conducting major repair and alterations, annual inspections, 
and progressive inspections extremely difficult to accomplish. In 
addition, a majority of FAA-sponsored IA renewal seminars, which are 
typically held in-person at local FAA offices, were cancelled in March 
2020. Finally, in person staffing at Flight Standards offices has been 
reduced with a majority of the employees teleworking, which has made 
the oral testing option more challenging. The only remaining option was 
to complete an IA refresher course online. Due to the confusion and 
uncertainty surrounding the COVID-19 outbreak, many mechanics may have 
been caught off-guard and without a plan to meet their annual 
requirement. If an IA holder was unable to meet the annual activity 
requirement for the 2019/2020 calendar year, he or she would not be 
eligible to renew in March of 2021, and the only option to regain the 
authorization would be by retaking and passing the FAA written test and 
an oral test.
    The FAA has decided, under the extraordinary circumstances of the 
COVID-19 outbreak, to provide relief for IA holders that were unable to 
meet the first year (even-numbered year) renewal requirements by March 
2020 as prescribed in Sec.  65.93. The extension provides an IA holder 
an additional three months (April-June 2020) to complete one of the 
listed activities in accordance with Sec.  65.93(a)(1) through (5) to 
meet the first year renewal requirements. Consistent with the 
prohibition in Sec.  65.93(c), an IA holder who has not met one of the 
five activities in Sec.  65.93(a)(1) through (5) by June 30, 2020, may 
not exercise IA privileges after June 30, 2020. A person who has 
completed one of the listed activities in accordance with Sec.  
65.93(a)(1) through (5) by June 30, 2020, will be considered to have 
completed it by March 31, 2020, (first year of 2-year IA period) for 
the purposes of determining compliance with the renewal requirements of 
Sec.  65.93(a).
    The FAA emphasizes, however, that an activity performed between 
April and June 2020 to satisfy the first year renewal requirements 
under this SFAR cannot also be used to meet the year two renewal 
requirements. An IA holder is still required to complete one of the 
five activities specified in Sec.  65.93(a)(1) through (5) by March 31, 
2021 to satisfy the renewal requirements for the second year of the 
two-year period. The requirements in Sec.  65.93(a)(1) and (2), which 
require the activity to be performed ``each 90 days,'' do not mean the 
requirement must be completed each quarter. The requirement only sets 
the number of activities that an applicant must perform during the 
renewal period (since an applicant may not have held their rating for 
an entire year). Accordingly, these activities could be performed at 
any point during the renewal period.\83\ For this reason, the FAA has 
determined it is unnecessary to provide relief to individuals who are 
unable to meet these activities during the COVID-19 outbreak in the 
second-year renewal period because they are still able to comply with 
the requirements thereafter.
---------------------------------------------------------------------------

    \83\ Legal Interpretation to Mr. Rhein (Mar. 17, 1995) at: 
https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/?year=all&q=Rhein&bSubmit=Search.
---------------------------------------------------------------------------

d. Military Riggers or Former Military Riggers: Special Certification 
Rule (Sec.  65.117)
    Parachute riggers provide a vital service to the parachuting 
industry to include firefighting smoke jumpers and other operations. 
Former military parachute riggers are essential to these operations. A 
special certification has been granted to military or former military 
parachute rigger applicants for a senior parachute rigger certificate 
under Sec.  65.117. A military applicant is required to pass a written 
test, present evidence of current or past military experience within 
the previous twelve months where he or she has served as a parachute 
rigger in the military,\84\ and have the experience packing parachutes 
as prescribed in Sec.  65.115(a).\85\
---------------------------------------------------------------------------

    \84\ Section 65.117(a) states the military applicant must be a 
member or civilian employee of an Armed Force of the United States, 
or is a civilian employee of a regular armed force of a foreign 
country, or has, within the 12 months before he or she applies, been 
honorably discharged or released; is serving, or has served within 
the 12 months before he or she applies, as a parachute rigger for 
such an Armed Force.
    \85\ Section 65.115(a) requires the applicant to present 
evidence that he has packed at least 20 parachutes of each type for 
which he seeks a rating, in accordance with the manufacturer's 
instructions and under the supervision of a certificated parachute 
rigger holding a rating for that type or a person holding an 
appropriate military rating.
---------------------------------------------------------------------------

    Reduced staffing at Flight Standards offices, public health 
guidelines for social distancing, and travel restrictions in some 
localities significantly diminish a former military parachute rigger's 
ability to apply for a senior parachute rigger certificate within the 
prescribed twelve-month requirement under Sec.  65.117. As a result, 
under the extraordinary circumstances of the COVID-19 outbreak, the FAA 
is extending the period for former military parachute riggers to apply 
for a senior parachute rigger certificate by three months. Eligible 
persons are those former members or former civilian employees of an 
Armed Force of the United States or former civilian employees of a 
regular armed force of a foreign country who were honorably discharged 
or released beginning in March 2019 through June 2019.\86\ The 
extension provides these applicants a total time of fifteen months to 
submit their application to the responsible Flight Standards office. 
The applicant must meet all applicable requirements prior to 
application within the extended deadline.
---------------------------------------------------------------------------

    \86\ If a military parachute rigger was released in May 2019, 
that person will now have until August 2020 to apply for a senior 
parachute rigger certificate.
---------------------------------------------------------------------------

5. Part 141
a. Requirements for a Pilot School Certificate (Sec.  141.5)
    An applicant for a pilot school certificate must meet the 
requirements of Sec.  141.5 within the preceding 24 calendar months 
before the date that application is made for that pilot school

[[Page 26340]]

certificate. As part of the provisional pilot school approval process, 
the FAA is required to inspect training equipment, inspect training 
facilities, and approve training course outlines and their associated 
syllabi, and additionally all chief instructors and assistant chief 
instructors are required to have a proficiency test performed by an FAA 
Aviation Safety Inspector to ensure Sec.  141.5(c) is met. Paragraphs 
(d) and (e) require the school to have an 80 percent pass rate of its 
applicants for practical tests and ratings, and the school must have 
graduated at least ten different people from the school's approved 
training courses. If a provisional pilot school does not meet the 
requirements of Sec.  141.5(d) and (e), its provisional status cannot 
be renewed and the school must cease operations.\87\ Many areas 
throughout the U.S. are under stay-at-home advisories, which prevent 
flight training activities, and many colleges and universities with 
aviation programs have cancelled classes for the remainder of the 
academic year. The inability for pilot schools and provisional pilot 
schools to graduate students from their programs jeopardizes their 
ability within the 24 calendar month timeframe to meet the 80 percent 
pass rate of their applicants for knowledge tests, practical tests, and 
end-of-course tests for special curriculum courses and courses approved 
under appendix K of part 141, and graduate at least ten different 
people from the school's approved training courses. Therefore, under 
the extraordinary circumstances of the COVID-19 outbreak, the FAA is 
providing provisional pilot schools \88\ whose 24 calendar-month window 
expires in April through June 2020, until December 31, 2020, to meet 
Sec.  141.5(d) and (e), subject to the following conditions for 
provisional pilot schools taking advantage of this relief:
---------------------------------------------------------------------------

    \87\ Currently there are 32 provisional pilots schools with 
three provisional pilot schools that are Institutions of Higher 
Education (IHE), as defined by the Department of Education in 34 
Code of Federal Regulation (CFR) 600.4. The IHEs provide semester 
credit hours of aviation and aviation-related coursework that have 
been recognized by the Administrator as coursework designed to 
improve and enhance the knowledge and skills of a person seeking a 
career as a professional pilot. Currently there are 125 part 141 
pilot schools that hold an air agency certificate. Out of these 125 
pilot schools, there are 45 associated with IHEs. There are 67 pilot 
school and provisional pilot school certificates with an expiration 
date between April and June 2020.
    \88\ Pilot school certificate renewals are addressed in B.5.b.
---------------------------------------------------------------------------

    (1) Each part 141 provisional pilot school must notify its 
responsible Flight Standards office that it is applying for a pilot 
school certificate in accordance with this SFAR.
    (2) In this notification, the part 141 provisional pilot school 
must submit an acceptable plan that explains the method to meet the 
requirements of Sec.  141.5(d) and (e), which includes ensuring each 
instructor used for ground or flight training is current and proficient 
and evaluating students to determine if they are assigned to the proper 
stage of the training course and if additional training is necessary.
b. Renewal of Certificates and Ratings (Sec.  141.27)
    Section 141.27 requires all part 141 schools to renew their pilot 
school certificates every 24 calendar months. A provisional pilot 
school, in accordance with paragraph (b), must obtain a pilot school 
certificate by the end of the 24 months since the date of the issuance 
of its pilot school certificate. Otherwise, its pilot school 
certificate expires. Should it expire, the provisional pilot school 
cannot apply for another provisional pilot school certificate for 180 
days. Section 141.27 also requires a pilot school to comply with 
training ability and quality standards established in Sec.  141.5--that 
is, the pass rate of its applicants for practical tests and the number 
of graduates as described in B.5.a.
    During the COVID-19 outbreak, many part 141 schools have ceased 
flight operations for their students. Some schools are utilizing online 
classroom instruction for the ground content of a course. However, not 
all part 141 schools may be capable of providing ground instruction 
online. The FAA has determined, under the extraordinary circumstances 
of the COVID-19 outbreak, that it is appropriate to allow pilot schools 
additional time to meet the requirements of Sec.  141.5.
    Pilot school certificates with an expiration date of April 2020 
\89\ through June 2020, are extended to December 31, 2020, subject to 
the following conditions for pilot schools taking advantage of this 
relief:
---------------------------------------------------------------------------

    \89\ Because all part 141 pilot schools that were due to renew 
in March 2020 were able to do so, relief for March 2020 is not 
necessary.
---------------------------------------------------------------------------

    (1) Each part 141 pilot school must notify its responsible Flight 
Standards office that it will renew its pilot school certificate in 
accordance with this SFAR.
    (2) In this notification, the part 141 pilot school must submit an 
acceptable plan that explains the method to regain currency that 
includes ensuring each instructor used for ground or flight training is 
current and proficient and evaluating students to determine if they are 
assigned to the proper stage of the training course and if additional 
training is necessary.

C. Other Relief for Special Flight Permits (Sec.  21.197)

    Section 21.197(c) states in part, ``. . . a special flight permit 
with a continuing authorization may be issued for aircraft that may not 
meet applicable airworthiness requirements, but are capable of safe 
flight for the purpose of flying aircraft to a base where maintenance 
or alterations are to be performed . . .''
    Due to the COVID-19 outbreak and restrictions on flights, airlines 
have significantly reduced capacity in the National Airspace System 
(NAS). As domestic airlines work to find space to park much of their 
fleets, airport operators are working to find locations to support 
temporary overflow aircraft. Because extensive overflow parking 
presents an extraordinarily unusual operational environment and may 
adversely affect safety, it is helpful during this time for operators 
to have the ability to ferry aircraft to different points of storage.
    Relief for Sec.  21.197(c) is necessary to allow certificate 
holders or operators, authorized to conduct operations under part 119 
or under subpart K of part 91, to ferry aircraft that may not meet all 
airworthiness requirements, but are capable of safe flight, to a point 
of storage.
    In order to fly an aircraft that may not meet applicable 
airworthiness requirements but is capable of safe flight to a point of 
storage, a special flight permit must be issued under Sec.  
21.197(a)(1) for each affected aircraft.
    The number of aircraft that are and may become affected due to 
personnel and logistical issues resulting from the COVID-19 outbreak 
will place a significant burden on certificate holders and operators as 
well as the responsible FAA Flight Standards offices that oversee them. 
Further, issuance of individual special flight permits by the FAA in a 
timely manner may not be feasible.
    Under the extraordinary circumstances presented by the COVID-19 
outbreak, the FAA will allow a special flight permit with continuing 
authorization to be issued for the purpose of flying the aircraft to a 
point of storage through December 31, 2020. By allowing these permits 
to be issued with continuing authorization through December, a majority 
of operators will have the opportunity to move the bulk of their 
aircraft to a point of storage. The FAA expects the volume of aircraft 
that

[[Page 26341]]

require movement to storage to return to a manageable level in 2021. 
Therefore, certificate or management specification holders that have a 
special flight permit with continuing authorization to conduct a ferry 
flight program may include the purpose of flying the aircraft to a 
point of storage in their program. To provide an acceptable level of 
safety, the certificate holder exercising this privilege must notify 
the responsible Flight Standards office each time the certificate 
holder uses it.

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several analyses. 
First, Executive Orders 12866 and 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), as codified in 
5 U.S.C. 603 et seq., requires agencies to analyze the economic impact 
of regulatory changes on small entities. Third, the Trade Agreements 
Act of 1979 (Pub. L. 96-39), as codified in 19 U.S.C. Chapter 13, 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements 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), as codified in 2 U.S.C. Chapter 25, 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). The FAA also analyzes this regulation under the Paperwork 
Reduction Act. This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    In conducting these analyses, the FAA has determined this rule is 
not a significant regulatory action, as defined in section 3(f) of 
Executive Order 12866. As notice and comment under 5 U.S.C. 553 are not 
required for this final rule, the regulatory flexibility analyses 
described in 5 U.S.C. 603 and 604 regarding impacts on small entities 
are not required. This rule will not create unnecessary obstacles to 
the foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or tribal governments, or on the 
private sector, by exceeding the threshold identified previously. In 
order to take advantage of the relief from this SFAR, this rule will 
result in a one-time collection of information for affected operators 
and pilot schools to submit plans to mitigate safety risks and ensure 
proficiencies.

A. Regulatory Evaluation

i. Safety and Regulatory Relief Benefits
    The provisions in this final rule provide temporary relief to 
persons who are unable to meet certain requirements during the COVID-19 
outbreak and prevents persons from encountering situations that would 
unnecessarily increase the risk of transmission of the virus through 
personal contact. Without this final rule, certain pilots who perform 
critical operations would not be able to continue flying due to their 
inability to satisfy certain training, recency, testing and checking 
requirements, or would attempt to satisfy requirements by means 
contrary to the national social distancing guidelines to avoid economic 
burdens resulting from non-compliance with FAA regulations. Providing 
accommodation for such pilots is especially important, as because of 
the COVID-19 outbreak, essential operations are likely to face 
disruption due to a decreased supply of pilots, including pilots who 
may need to self-quarantine due to exposure to the virus or because 
they are among the population that the Centers for Disease Control and 
Prevention (CDC) has identified as high risk. Additionally, each month, 
a new group of pilots will be unavailable to perform essential 
operations because they cannot comply with certain training, recency, 
testing, or checking requirements during the course of the outbreak. To 
ensure the continuity of essential operations during the COVID-19 
outbreak, this SFAR provides relief to certain individuals whose 
qualifications would otherwise lapse, thereby supporting the 
availability of qualified pilots to conduct essential operations. This 
relief allows operators to continue to use pilots and other crewmembers 
in support of essential operations.\90\
---------------------------------------------------------------------------

    \90\ This rule also allows certain air carriers and operators to 
fly temporary overflow aircraft, a need resulting from the COVID-19 
outbreak, to a point of storage pursuant to a special flight permit 
with a continuing authorization.
---------------------------------------------------------------------------

    Additionally, this relief applies to some operations conducted by 
pilots exercising private pilot privileges, provided the pilot has at 
least 500 hours of total time as a pilot of which 400 hours is as PIC 
with 50 of the PIC hours accrued in the last twelve calendar months. As 
previously discussed, the kinds of operations permitted include, but 
are not limited to, flights to transport essential goods and/or medical 
supplies to support public health needs. This SFAR also extends to 
pilots conducting charitable medical flights for a volunteer pilot 
organization pursuant to an exemption issued under part 11, provided 
the pilots continue to comply with the conditions and limitations of 
the exemption.
    This rule also provides relief for U.S. military and civilian 
personnel assigned outside the United States in support of U.S. Armed 
Forces Operations. It allows the FAA Flight Standards offices to accept 
expired flight instructor certificates and inspection authorizations 
for renewals and expired airman written test reports for certain 
practical tests. This avoids penalizing U.S. personnel who are unable 
to meet the regulatory time limits of their flight instructor 
certificates, inspection authorizations, or airman written test reports 
because they are serving outside the United States in support of U.S. 
Armed Forces operations when they expire, giving affected U.S. 
personnel extra time to meet certain eligibility requirements in the 
current rules.
    In addition to pilots, this rule provides temporary relief to other 
persons such as flight attendant crewmembers, aircraft dispatchers, 
flight engineers, mechanics, flight instructors, ground instructors, 
and schools. This relief extends to flight attendant crewmembers, check 
pilots, and flight instructors under subpart K of part 91, and part 
125. Finally, this relief applies to operations conducted under part 
107 by a person who holds a remote pilot certificate issued under part 
107.
ii. Costs To Utilize Relief
    This SFAR will result in small costs for affected operators and 
pilot schools to notify the FAA and submit plans to mitigate safety 
risks and ensure proficiencies. In order to utilize the relief provided 
by this SFAR, an affected certificate holder or A125 LODA holder must 
provide a plan to its assigned FAA principal operations inspector. The 
plan is to contain a safety analysis and corresponding risk mitigations 
and methods to ensure that each crewmember remains adequately tested 
and currently proficient for each aircraft, duty position, and type of 
operation in which the person serves. Similarly, part 91 management 
specifications holders must also conduct a safety analysis and provide 
appropriate mitigations in a plan to their FAA principal inspector that

[[Page 26342]]

addresses potential risks introduced by extending crewmember, check 
pilot, and flight instructor qualifications, training, and checking. 
The plan must ensure crewmembers remain adequately trained and 
currently proficient for each aircraft, crewmember position, and type 
of operation in which the crewmember serves.
    In addition, pilot schools or provisional pilot schools taking 
advantage of this relief will incur small costs to notify their 
responsible Flight Standards offices that they will renew certificates 
in accordance with this SFAR and submit a plan that explains the 
methods to regain currency and to ensure the training of their 
instructors and students is current and proficient.
    The FAA expects these plans to contain existing information 
maintained by affected operators and pilot schools. The FAA does not 
expect these plans to be burdensome.
    Therefore, the FAA expects the benefits of this action exceed the 
costs since it provides immediate relief to enable operators to 
continue to use pilots and other crewmembers in support of essential 
operations. As a result, this SFAR will reduce disruption to the 
continuity of essential services in response to the COVID-19 outbreak. 
This SFAR also provides immediate relief from certain duration and 
renewal requirements to reduce unnecessary risk of exposure and to 
assure persons that they will not endure economic burdens due to non-
compliance with certain regulations.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553, or any other law, to publish a general notice of proposed 
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an 
agency to prepare a final regulatory flexibility analysis when an 
agency issues a final rule under 5 U.S.C. 553, after being required by 
that section or any other law to publish a general notice of proposed 
rulemaking. The FAA found good cause to forgo notice and comment and 
any delay in the effective date for this rule. As notice and comment 
under 5 U.S.C. 553 are not required in this situation, the regulatory 
flexibility analyses described in 5 U.S.C. 603 and 604 are not 
required.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 this Act, 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 its purpose has a legitimate domestic objective to 
promote the continuity and safety of U.S. civil aviation from risks of 
the COVID-19 outbreak while supporting essential services necessary to 
fight the outbreak. Therefore, the FAA has determined this final rule 
complies with the Trade Agreements Act of 1979.

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.
    As previously discussed, in order to utilize the temporary relief 
provided by this SFAR, an affected certificate holder or A125 LODA 
holder must provide a plan to its assigned FAA principal operations 
inspector. The plan is to contain a safety analysis and corresponding 
risk mitigations and methods to ensure that each crewmember remains 
adequately tested and currently proficient for each aircraft, duty 
position, and type of operation in which the person serves. Part 91 
management specifications holders must also conduct a safety analysis 
and provide appropriate mitigations in an acceptable plan to their FAA 
principal inspector that addresses potential risks introduced by 
extending crewmember, check pilot, and flight instructor 
qualifications, training, and checking. The plan must ensure 
crewmembers remain adequately trained and currently proficient for each 
aircraft, crewmember position, and type of operation in which the 
crewmember serves.
    The FAA estimates that of the 69 part 125 certificate holders and 
A125 LODA holders, all would avail themselves of the relief provided by 
this SFAR, and therefore would be required to provide mitigation plans 
to their assigned principal operations inspector. The FAA further 
estimates that each respondent would spend two hours preparing and 
submitting its plan, for a total of 138 hours. The FAA believes the 
additional paperwork burden would be borne by the director of 
operations. At $51 per hour multiplied by 138 total hours, the FAA 
estimates the total burden to part 125 certificate holders and A125 
LODA holders to be $7,038.\91\
---------------------------------------------------------------------------

    \91\ The FAA is using the BLS wage rate for commercial pilots of 
$39.54 per hour (https://www.bls.gov/ooh/transportation-and-material-moving/airline-and-commercial-pilots.htm) ($82,240/2080 
hours=$39.54) multiplied by a fringe benefit multiplier of 29.9 
percent (https://www.bls.gov/news.release/ecec.nr0.htm) which 
results in an hourly wage of $51.
---------------------------------------------------------------------------

    In addition, each pilot school or provisional pilot school taking 
advantage of this relief must notify its responsible Flight Standards 
office that it will renew its pilot school certificate, or seek a pilot 
school certificate if currently a provisional pilot school certificate 
holder, in accordance with this SFAR. Each pilot school or provisional 
pilot school must submit a plan that includes an explanation of the 
methods to regain currency and to ensure its instructors are current 
and proficient and how students will be evaluated to determine if they 
are assigned to the proper stage of the training course and if 
additional training is necessary. The FAA estimates that all 10 
provisional pilot schools and 57 pilot schools would request this 
relief, and would therefore be required to submit a plan to their 
responsible Flight Standards offices. The FAA further estimates that 
the preparation and submission of these plans would take one hour, for 
a total of 67 hours. The FAA believes the chief flight instructor will 
develop and submit the plan. At $27 per hour multiplied by 67 hours, 
the FAA estimates the total burden to part 141

[[Page 26343]]

pilot schools and provisional pilot schools to be $1,809.\92\
---------------------------------------------------------------------------

    \92\ The FAA uses a flight instructor hourly wage of $20.54 
multiplied by a fringe benefit multiplier of 29.9 percent, which 
results in a wage of approximately $27 per hour. This information is 
derived from the Bureau of Labor Statistics, Education, Training, 
and Library Occupations (code 25-0000) in the Nonscheduled Air 
Transportation Industry (NAICS 481200), and is assumed to be 
representative of flight instructor and representative occupations. 
http://www.bls.gov/oes/current/naics4_481200.htm
---------------------------------------------------------------------------

    The combined burden, for both part 125 certificate holders and A125 
LODA holders and part 141 pilot schools and provisional pilot schools 
is $7,038 + $1,809 = $8,847.
    The FAA estimates that it would require an Aviation Safety 
Inspector (ASI) one hour to review and analyze a plan submitted by a 
part 125 certificate holder or A125 LODA holder. With 69 part 125 
certificate holders or A125 LODA holders estimated to submit a plan 
multiplied by the hourly wage of a GS-13 FAA ASI, the resulting burden 
to the FAA is estimated to be $6,860 (69 responses x 1 hour x $99.42 = 
$6,860).\93\
---------------------------------------------------------------------------

    \93\ The FAA assumes a mid-grade GS-13 salary, Rest of USA 
locality. Annual salary is $103,396 (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/RUS.pdf) divided by 2,080 hours for an hourly rate of $49.70. The 
FAA uses a fringe benefits and overhead cost, for FAA employees, of 
100%, which results in a fully loaded wage of $99.42 per hour. The 
U.S. Department of Health and Human Services, ``Guidelines for 
Regulatory Impact Analysis'' (2016), on page 30, HHS states, ``As an 
interim default, while HHS conducts more research, analysts should 
assume overhead costs (including benefits) are equal to 100 percent 
of pretax wages . . .'' (https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf).
---------------------------------------------------------------------------

    The FAA estimates that it would require an ASI 30 minutes to review 
and accept a plan submitted by a part 141 pilot school or provisional 
pilot school certificate holder and place it in the school's file. With 
67 total pilot schools and provisional pilot schools estimated to 
submit a plan multiplied by the hourly wage of a GS-13 FAA ASI, the 
resulting burden to the FAA is estimated to be $3,331 (67 responses x 
0.5 hours x $99.42 = $3,331).
    The combined burden to the FAA is therefore $6,860 + 3,331 = 
$10,191.
    As provided under 5 CFR 1320.13, Emergency Processing, DOT is 
requesting emergency processing for this temporary collection of 
information as specified in the Paperwork Reduction Act and its 
implementing regulations. DOT cannot reasonably comply with normal 
clearance procedures because the information is necessary to provide 
temporary relief to persons who have been unable to meet certain 
requirements during the COVID-19 outbreak. Without this information, 
certain individuals will not be able to continue exercising privileges 
in support of essential operations due to their inability to satisfy 
certain training, recent experience, testing, and checking 
requirements. Additionally, other individuals may--to the extent 
possible given closures--attempt to satisfy requirements contrary to 
the national social distancing guidelines solely to avoid economic 
burdens resulting from non-compliance with FAA regulations. The use of 
normal clearance procedures will result in increased economic burden, 
disruption to critical aviation operations, and increased risk of 
exposure during this public health emergency. Due to the pressing 
considerations associated with the COVID-19 outbreak, it is not 
practicable to afford ninety days of public comment on this collection 
of information. Therefore, FAA is requesting OMB approval of this 
temporary collection of information upon the date that this SFAR is 
placed on public inspection at the Federal Register. Upon OMB approval 
of its Emergency clearance request, FAA will follow the normal 
clearance procedures for the information collection associated with 
this SFAR.

F. International Compatibility

    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 (SARPs) to the maximum extent practicable. On 
April 3, 2020, ICAO issued a State Letter (AN 11/55-20/50) to address 
operational measures States are taking to ensure safe operations during 
the COVID-19 outbreak. ICAO recognized the varying needs of the States 
to provide relief and encouraged States to be flexible in their 
approaches for relief while also adhering to their obligations under 
the Convention on International Civil Aviation. During this period of 
relief, ICAO is paying particular attention to the SARPs related to 
certificates and licenses. ICAO has established a process for States to 
file temporary differences through a COVID-19 Contingency-Related 
Differences (CCRDs) sub-system, which is accessible through ICAO's 
Continuous Monitoring Approach (CMA) Online Framework of Electronic 
Filing of Differences (EFOD) dashboard that States use normally to file 
differences related to the Annexes. When States are submitting their 
differences, ICAO is requiring the State also to indicate whether or 
not it will recognize the differences of other States. FAA has already 
filed temporary differences with some of the relief it has given 
through exemptions under 14 CFR part 11 and has indicated it will 
recognize other States' differences unless the FAA deems safety is 
being compromised. ICAO tentatively plans to maintain the CCRD sub-
system through March 31, 2021.
    The FAA has reviewed the corresponding ICAO SARPs and has 
identified the following differences with these proposed regulations. 
In Annex 1, section 1.2.4.4.1, a medical assessment can be extended at 
the FAA's discretion up to 45 days. With this final rule, the FAA is 
extending the validity period up to three calendar months for pilots 
with expiring medicals between March 2020 and May 2020. As a result, 
the FAA will file a temporary difference with ICAO.
    In Annex 6, Part 2, Section 3.9.4.2, a PIC is required to have made 
three takeoffs and landings within the preceding ninety days on the 
same type of airplane or in a flight simulator prior to serving as a 
PIC in that airplane. With this final rule, the FAA is extending the 
look-back period by sixty days for PICs conducting operations under 
part 91, subpart N, and part 125 operations. As a result, the FAA will 
file a temporary difference with ICAO.
    In Annex 6, Part 2, Section 3.9.4.3, an SIC is required to have 
made three takeoffs and landings within the preceding ninety days on 
the same type of airplane or in a flight simulator prior to serving as 
a SIC in that airplane. With this final rule, the FAA is extending the 
look-back period by sixty days for SICs conducting operations under 
part 91, subpart N, and part 125 operations. As a result, the FAA will 
file a temporary difference with ICAO.
    Certificate holders or operators may dispatch or release flights 
and pilots and crewmembers may operate outside of the United States 
under this SFAR, unless otherwise prohibited by a foreign country. For 
international operations where pilots and crewmembers will exercise the 
relief identified here, they must have access to this SFAR when outside 
the United States. In accordance with the Convention on International 
Civil Aviation (Chicago Convention), and its Annexes, pilots and 
crewmembers must present a copy of this SFAR for inspection upon 
request by a foreign civil aviation authority.

V. Executive Order Determinations

A. Executive Order 12114, Environmental Effects Abroad of Major Federal 
Actions

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions (44 FR 1957, 
January 4,

[[Page 26344]]

1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114 
requires the FAA to be informed of environmental considerations and 
take those considerations into account when making decisions on major 
Federal actions that could have environmental impacts anywhere beyond 
the borders of the United States. The FAA has determined that this 
action is exempt pursuant to Section 2-5(a)(i) of Executive Order 12114 
because it does not have the potential for a significant effect on the 
environment outside the United States.
    In accordance with FAA Order 1050.1F, Environmental Impacts: 
Policies and Procedures, paragraph 8-6(c), FAA has prepared a 
memorandum for the record stating the reason(s) for this determination 
and has placed it in the docket for this rulemaking.

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, 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. As described in 
Section IV. F., International Compatibility, the FAA is working with 
ICAO and other foreign CAAs on the kind of relief provided by this 
SFAR. 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. 
The provisions in this final rule provide temporary relief to persons 
who are unable to meet certain requirements during the COVID-19 
outbreak and prevents persons from encountering situations that would 
unnecessarily increase the risk of transmission of the virus through 
personal contact.

F. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

VI. How To Obtain Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using 
the internet--
    1. Search the Federal eRulemaking Portal (https://www.regulations.gov/);
    2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at https://www.govinfo.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. 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, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and 
recordkeeping requirements.

14 CFR Part 61

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

14 CFR Part 63

    Aircraft, Airman, Aviation safety, Navigation (air), Reporting and 
recordkeeping requirements, Security measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Aviation 
safety, Reporting and recordkeeping requirements, Security measures.

14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Charter flights, Freight, Reporting and 
recordkeeping requirements, Transportation.

14 CFR Part 107

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

14 CFR Part 125

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

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

The Amendment

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

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES

0
1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.


0
2. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 21 to 
read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

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

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


[[Page 26345]]


    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).


0
4. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 61 to 
read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to--
    (a) Certain persons who are unable to meet the following 
requirements during some period of time between March 1, 2020 and June 
30, 2020--
    (1) Training, recency, testing, and checking requirements specified 
in this part, parts 91, 107, and 125 of this chapter, and SFAR No. 73 
of this part; and
    (2) Duration and renewal requirements specified in this part, parts 
63, 65, and 141 of this chapter, and SFAR No. 100-2 of this part; and
    (b) Certain air carriers and operators who are unable to obtain 
special flight permits with a continuing authorization under part 21 of 
this chapter for the purpose of flying the aircraft to a point of 
storage.
    2. Training, recency, testing, and checking requirements.
    (a) Applicability. The relief provided by paragraph 2 of this SFAR 
applies to--
    (1) Operations conducted for compensation or hire under parts 91, 
125, 133, and 137 of this chapter by persons who are exercising the 
privileges of at least a commercial pilot certificate issued under this 
part;
    (2) Operations conducted by persons who are exercising the 
privileges of a private pilot certificate issued under this part, 
provided the person meets one of the following paragraphs--
    (i) The person is conducting a charitable medical flight for a 
volunteer pilot organization pursuant to an exemption issued under part 
11 of this chapter, and the flight involves only the carriage of 
persons considered essential for the flight;
    (ii) The person is conducting an agricultural aircraft operation 
under a private agricultural aircraft operating certificate issued in 
accordance with Sec.  137.19 of this chapter;
    (iii) The person has at least 500 hours of total time as a pilot, 
that includes at least 400 hours as a pilot in command and at least 50 
hours that were accrued within the preceding 12 calendar months, and 
the person is conducting one of the following operations consistent 
with the compensation or hire prohibitions specified in Sec.  61.113:
    (A) A flight incidental to that person's business or employment;
    (B) A flight in support of family medical needs or to transport 
essential goods for personal use;
    (C) A flight necessary to fly an aircraft to a location in order to 
meet a requirement of this chapter; or
    (D) A flight to transport essential goods and medical supplies to 
support public health needs;
    (3) For operations conducted under part 91, subpart K, and part 125 
of this chapter, persons who are serving as flight attendant 
crewmembers, check pilots, and flight instructors; and
    (4) Operations conducted under part 107 of this chapter by a person 
who holds a remote pilot certificate issued under part 107 of this 
chapter.
    (b) This Part.
    (1) Second-in-command qualifications of Sec.  61.55.
    (i) Notwithstanding the period specified in Sec.  61.55(c), a 
person who is required to complete the second-in-command 
familiarization and currency requirements under Sec.  61.55(b)(1) and 
(2) between March 1, 2020 and June 30, 2020 for purposes of maintaining 
second-in-command privileges may complete the requirements of Sec.  
61.55(b)(1) and (2) in the month before or three months after the month 
in which they are required, provided the pilot meets the requirements 
of paragraph 2.(b)(1)(ii) of this SFAR. A pilot who meets the 
requirements of Sec.  61.55(b)(1) and (2) within the period prescribed 
by this paragraph 2.(b)(1)(i) will be considered to have completed the 
requirements in the month in which they were due.
    (ii) Qualification requirements. To complete the requirements of 
Sec.  61.55(b)(1) or (2) within the period specified in paragraph 
2.(b)(1)(i) of this SFAR, the person--
    (A) Must review and become familiar with the following information 
for the specific type of aircraft for which second-in-command 
privileges are sought--
    (1) Operational procedures applicable to the powerplant, equipment, 
and systems;
    (2) Performance specifications and limitations;
    (3) Normal, abnormal, and emergency operating procedures;
    (4) Flight manual; and
    (5) Placards and markings; and
    (B) Prior to serving as second-in-command, must have logged at 
least three takeoffs and landings to a full stop as the sole 
manipulator of the flight controls within the 180 days preceding the 
date of the flight.
    (2) Flight review requirements of Sec.  61.56. A person who has not 
completed a flight review within the previous 24 calendar months in 
accordance with Sec.  61.56 may continue to act as pilot in command of 
an aircraft, provided the following requirements are met--
    (i) Airmen requirements. The person was current to act as pilot in 
command of an aircraft in March 2020 and, to maintain currency, is 
required to complete a flight review under Sec.  61.56 between March 1, 
2020 and June 30, 2020.
    (ii) Qualification requirements. To act as pilot in command of an 
aircraft during the period specified in paragraph 2(b)(2)(iii) of this 
SFAR, the person must have--
    (A) Within the 12 calendar months preceding the month in which the 
flight review is due, logged at least 10 hours of flight time as pilot 
in command in an aircraft for which that pilot is rated; and
    (B) Since January 1, 2020 and preceding the date of flight, 
completed online Wings courses for pilots from the FAA Safety Team 
website, available at https://www.faasafety.gov. The online training 
courses must total at least 3 Wings credits.
    (iii) Grace period. The person may act as pilot in command of an 
aircraft for a duration of three calendar months from the month in 
which the flight review was due. Before acting as pilot in command of 
an aircraft in the fourth month after the month in which the flight 
review was due, the person must satisfactorily complete a flight review 
in accordance with Sec.  61.56.
    (3) Instrument experience requirements of Sec.  61.57. A person who 
has not performed and logged the tasks required by Sec.  61.57(c)(1) 
within the 6 calendar months preceding the month of the flight may 
continue to act as pilot in command under IFR or in weather conditions 
less than the minimums prescribed for VFR, provided the following 
requirements are met--
    (i) Qualification requirements. The person has--
    (A) Within the 6 calendar months preceding the month of the flight, 
performed and logged at least three instrument approaches in actual 
weather conditions, or under simulated conditions using a view-limiting 
device; and
    (B) Within the 9 calendar months preceding the month of the flight, 
performed and logged the tasks required by Sec.  61.57(c)(1).
    (ii) Grace period. Between April 30, 2020 and June 30, 2020, a 
person who meets the qualification requirements of paragraph 
2.(b)(3)(i) of this SFAR may

[[Page 26346]]

act as pilot in command under IFR or in weather conditions less than 
the minimums prescribed for VFR.
    (iii) Instrument currency after June 30, 2020. Before acting as 
pilot in command under IFR or in weather conditions less than the 
minimums prescribed for VFR after June 30, 2020, the person must comply 
with Sec.  61.57(c).
    (4) Pilot in command proficiency check requirements of Sec.  61.58.
    (i) Notwithstanding the period specified in Sec.  61.58(i), a pilot 
who is required to take a pilot in command proficiency check under 
Sec.  61.58(a)(1) or (2) between March 1, 2020 and June 30, 2020 for 
purposes of maintaining pilot in command privileges may complete the 
check in the month before or three months after the month in which it 
is required, provided the pilot meets the requirements of paragraph 
2.(b)(4)(ii) of this SFAR. A pilot who completes the proficiency check 
within the period prescribed by this paragraph 2.(b)(4)(i) will be 
considered to have completed the check in the month in which it was 
required.
    (ii) Qualification requirements. To complete the pilot in command 
proficiency check required by Sec.  61.58(a)(1) or (2) within the 
period specified in paragraph 2.(b)(4)(i) of this SFAR, the person--
    (A) Must meet the flight experience requirements of Sec.  61.57 
that are applicable to the operation to be conducted; and
    (B) Within the 3 calendar months preceding the month of the flight, 
must have reviewed the following information for the specific type of 
aircraft for which pilot in command privileges are sought--

    (1) Operational procedures applicable to the powerplant, equipment, 
and systems;
    (2) Performance specifications and limitations;
    (3) Normal, abnormal, and emergency operating procedures;
    (4) Flight manual; and
    (5) Placards and markings.

    (5) Flight Crewmember Requirements of Part 91, Subpart K, of this 
Chapter.
    (i) Testing and checking requirements. Notwithstanding the period 
specified in Sec.  91.1071(a) of this chapter, a crewmember who is 
required to take a test or a flight check under Sec.  91.1065(a), Sec.  
91.1065(b), Sec.  91.1067, Sec.  91.1069(a), or Sec.  91.1069(b) of 
this chapter between March 1, 2020 and June 30, 2020 for purposes of 
maintaining qualification may complete the test or check in the month 
before or three months after the month it is required, provided the 
requirements of paragraph 2.(b)(5)(vi) of this SFAR are met. A 
crewmember who completes a test or check in accordance with this 
paragraph 2.(b)(5)(i) will be considered to have completed the test or 
check in the month in which it was required.
    (ii) Recurrent training requirements. Notwithstanding the period 
specified in Sec.  91.1073(b) of this chapter, a crewmember who is 
required to complete recurrent training under Sec.  91.1099 or Sec.  
91.1107(c) of this chapter between March 1, 2020 and June 30, 2020 for 
purposes of maintaining qualification may complete that training in the 
month before or three months after the month in which it is required, 
provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are 
met. A crewmember who completes recurrent training in accordance with 
this paragraph 2.(b)(5)(ii) will be considered to have completed the 
training in the month in which it was required.
    (iii) Instrument experience.
    (A) Precision instrument approaches. A pilot who has not 
satisfactorily demonstrated the type of precision instrument approach 
procedure to be used within the previous six months in accordance with 
Sec.  91.1069(c) of this chapter may continue to use that type of 
approach procedure, provided the following requirements are met--
    (1) Airmen requirements. The person was current under Sec.  
91.1069(c) of this chapter to use that type of precision instrument 
approach procedure in March 2020, and is required to demonstrate that 
type of precision instrument approach procedure between March 1, 2020 
and June 30, 2020.
    (2) Grace period. The person satisfactorily demonstrates that type 
of precision instrument approach procedure within three months after 
the month in which it was required.
    (3) Safety mitigations. The management specification holder 
satisfies paragraph 2.(b)(5)(vi) of this SFAR.
    (B) Non-precision instrument approaches. A pilot who has not 
satisfactorily demonstrated either the type of non-precision instrument 
approach procedure to be used, or any other two different types of non-
precision approach procedures, within the previous six months in 
accordance with Sec.  91.1069(c) of this chapter may continue to use 
that type of non-precision instrument approach procedure, provided the 
following requirements are met--
    (1) Airmen requirements. The person was current under Sec.  
91.1069(c) of this chapter to use that type of non-precision instrument 
approach procedure in March 2020, and is required to demonstrate that 
type of non-precision instrument approach procedure, or any other two 
different types of non-precision instrument approach procedures, 
between March 1, 2020 and June 30, 2020.
    (2) Grace period. The person satisfactorily demonstrates that type 
of non-precision instrument approach procedure within three months 
after the month in which it was required.
    (3) Safety mitigations. The management specification holder 
satisfies paragraph 2.(b)(5)(vi) of this SFAR.
    (iv) Check pilot (simulator) and flight instructor (simulator) 
requirements. Notwithstanding the period specified in Sec. Sec.  
91.1089(g) and 91.1091(g) of this chapter, a check pilot (simulator) or 
flight instructor (simulator) who is required to complete the flight 
segments or line-observation program under Sec.  91.1089(f) or Sec.  
91.1091(f) of this chapter between March 1, 2020 and June 30, 2020 for 
purposes of maintaining qualification may complete the flight segments 
or line-observation program requirements in the month before or three 
months after the month they are required, provided the requirements of 
paragraph 2.(b)(5)(vi) of this SFAR are met. A check pilot (simulator) 
or flight instructor (simulator) who completes the flight segments or 
line-observation program requirements in accordance with this paragraph 
2.(b)(5)(iv) will be considered to have completed the requirements in 
the month in which they were due.
    (v) Check pilot and flight instructor observation check 
requirements. Notwithstanding the period specified in Sec. Sec.  
91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight 
instructor who is required to complete an observation check under Sec.  
91.1093(a)(2) or Sec.  91.1095(a)(2) of this chapter between March 1, 
2020 and June 30, 2020 for purposes of maintaining qualification may 
complete the observation check in the month before or three months 
after the month it is required, provided the requirements of paragraph 
2.(b)(5)(vi) of this SFAR are met. A check pilot or flight instructor 
who completes an observation check in accordance with this paragraph 
2.(b)(5)(v) will be considered to have completed the check in the month 
in which it was due.
    (vi) Safety mitigations. The management specification holder must 
provide an acceptable plan to the responsible Flight Standards office 
that contains the following information--
    (A) A safety analysis and corresponding risk mitigations to be

[[Page 26347]]

implemented by the management specification holder; and
    (B) The method the management specification holder will use to 
ensure that each crewmember complying with paragraph 2.(b)(5) of this 
SFAR remains adequately tested and currently proficient for each 
aircraft, duty position, and type of operation in which the person 
serves.
    (6) Mitsubishi MU-2B Series Special Training, Experience, and 
Operating Requirements of Part 91, Subpart N, of this Chapter.
    (i) Recurrent training. Notwithstanding the period specified in 
Sec.  91.1705(e) of this chapter, a person who is required to complete 
recurrent training under Sec.  91.1703(e) of this chapter between March 
1, 2020 and June 30, 2020 for purposes of complying with Sec.  
91.1705(a) and (b) may complete the recurrent training in the month 
before or three months after the month the recurrent training is 
required, provided the requirements of paragraph 2.(b)(6)(iii) of this 
SFAR are met. A person who completes the recurrent training in 
accordance with this paragraph 2.(b)(6)(i) will be considered to have 
completed the training in the month it was required.
    (ii) Flight review. A person who has not completed a flight review 
in accordance with Sec. Sec.  61.56 and 91.1715(c) of this chapter in a 
Mitsubishi MU-2B series airplane or an MU-2B Simulator approved for 
landings with an approved course conducted under part 142 of this 
chapter may continue to act as pilot in command of a Mitsubishi MU-2B 
series airplane, providing the following requirements are met--
    (A) Airmen requirements. The person was--
    (1) Current to act as pilot in command of a Mitsubishi MU-2B series 
airplane in March 2020 and, to maintain currency, is required to 
complete a flight review in a Mitsubishi MU-2B series airplane between 
March 1, 2020 and June 30, 2020; and
    (2) The requirements of paragraph 2.(b)(6)(iii) of this SFAR are 
met.
    (B) Grace period. The person may act as pilot in command of a 
Mitsubishi MU-2B series airplane for a duration for three calendar 
months from the month in which the flight review was due. Before acting 
as pilot in command of an aircraft in the fourth month after the month 
in which the flight review was due, the person must satisfactorily 
complete a flight review in accordance with Sec. Sec.  61.56 and 
91.1715(c) of this chapter in a Mitsubishi MU-2B series airplane or an 
MU-2B Simulator approved for landings with an approved course conducted 
under part 142 of this chapter.
    (iii) Qualification requirements. To complete the recurrent 
training or flight review during the grace period provided under 
paragraph 2.(b)(6) of this SFAR, the person must--
    (A) Within the 12 calendar months preceding the month the recurrent 
training or flight review is due, have logged at least 10 hours of 
flight time as sole manipulator of the controls in an MU-2B series 
airplane that includes at least 3 hours of flight time in the 3 
calendar months preceding the month in which the recurrent training or 
flight review is due;
    (B) Since January 1, 2020, have completed online Wings courses for 
pilots from FAA Safety Team website, available at https://www.faasafety.gov/. The online training courses must total at least 3 
Wings credits; and
    (C) Prior to manipulating the controls of an MU-2B series airplane, 
have completed three hours of self-study, since January 1, 2020 and 
preceding the date of the flight, on the following subjects--
    (1) The ground training curriculum required by Sec.  91.1705(h)(1) 
of this chapter;
    (2) The Special Emphasis Items listed in the approved MU-2B 
training program that the pilot last completed;
    (3) The limitations, procedures, aircraft performance, and MU-2B 
Cockpit Checklist procedures applicable to the MU-2B model to be flown, 
which are contained in the flight training curriculum required by Sec.  
91.1705(h)(2) of this chapter; and
    (4) The current general operating and flight rules of part 91 of 
this chapter.
    (7) Aeronautical Knowledge Recency Requirements of Sec.  107.65 of 
this Chapter. A person who has not satisfied the aeronautical knowledge 
recency requirements of Sec.  107.65(a) or (b) of this chapter within 
the previous 24 calendar months may operate a small unmanned aircraft 
system under part 107 of this chapter, provided that person meets the 
following requirements--
    (i) Airmen requirements. The person was current to exercise the 
privileges of a remote pilot certificate in March 2020 and, to maintain 
aeronautical currency, is required to meet the aeronautical recency 
requirements in Sec.  107.65(a) or (b) of this chapter between April 1, 
2020 and June 30, 2020.
    (ii) Qualification requirements. The person must have completed an 
FAA-developed initial or recurrent online training course, available at 
https://www.faasafety.gov, covering the areas of knowledge specified in 
Sec.  107.74(a) or (b) of this chapter. Each person is eligible to take 
an online training course specified in this paragraph 2.(b)(7)(ii) one 
time for the purpose of obtaining the six calendar month grace period 
specified in paragraph 2.(b)(7)(iii) of this SFAR.
    (iii) Grace period. The person may operate a small unmanned 
aircraft system under part 107 of this chapter for a duration of six 
calendar months from the month in which the person completed the online 
training course specified in paragraph 2.(b)(7)(ii) of this SFAR. 
Before operating a small unmanned aircraft system under part 107 in the 
seventh month after the month in which the person completed the online 
training course, the person must satisfy Sec.  107.65 of this chapter.
    (8) Flight Crewmember Requirements of Part 125 of this Chapter.
    (i) Recent experience requirements. A person who has not satisfied 
the recent experience requirements of Sec.  125.285(a) of this chapter 
may be used by a certificate holder (or holder of an A125 letter of 
deviation authority), and may serve as a required pilot flight 
crewmember, in operations conducted under part 125 of this chapter, 
provided the following requirements are met--
    (A) Grace period. The person has made at least three takeoffs and 
landings, within the preceding 150 days, in the type of airplane in 
which that person is to serve.
    (B) Safety Mitigations. The certificate holder complies with 
paragraph 2.(b)(8)(iii) of this SFAR.
    (ii) Testing and checking requirements. Notwithstanding the period 
specified in Sec.  125.293(a) of this chapter, a crewmember who is 
required to take a test or check under Sec.  125.287(a), Sec.  
125.287(b), Sec.  125.289, or Sec.  125.291(a) of this chapter between 
March 1, 2020 and June 30, 2020 for purposes of maintaining 
qualifications may complete the test or check in the month before or 
three months after the month it is required, provided the requirements 
of paragraph 2.(b)(8)(iii) of this SFAR are met. A crewmember who 
completes the test or check in accordance with this paragraph 
2.(b)(8)(ii) will be considered to have completed the test or check in 
the month in which it was required.
    (iii) Safety mitigations. The certificate holder (or holder of an 
A125 letter of deviation authority) must provide an acceptable plan to 
its assigned principal operations inspector that contains the following 
information--
    (A) A safety analysis and corresponding risk mitigations to be 
implemented by the certificate holder (or holder of an A125 letter of 
deviation authority); and

[[Page 26348]]

    (B) The method the certificate holder (or holder of an A125 letter 
of deviation authority) will use to ensure that each crewmember 
complying with paragraph 2.(b)(8) of this SFAR remains adequately 
tested and currently proficient for each aircraft, duty position, and 
type of operation in which the person serves.
    (9) Robinson R-22/R-44 Special Training and Experience Requirements 
of SFAR No. 73 of this Part. A person who has not completed a flight 
review in a Robinson model R-22 or R-44 helicopter, as appropriate, 
within the preceding 24 calendar months in accordance with paragraph 
2(c) of SFAR No. 73 and Sec.  61.56, may continue to act as pilot in 
command of a Robinson model R-22 or R-44 helicopter, as appropriate, 
providing the following requirements are met--
    (i) Airmen requirements. The person was current to act as pilot in 
command of a Robinson model R-22 or R-44 helicopter, as appropriate, in 
March 2020 and, to maintain currency, is required to complete a flight 
review in a Robinson model R-22 or R-44 helicopter, as appropriate, 
between March 1, 2020 and June 30, 2020.
    (ii) Qualification requirements. The person must--
    (A) Satisfy the qualification requirements specified in paragraph 
2.(b)(2)(ii) of this SFAR, except that--
    (1) The 10 hours of flight time as pilot in command must be 
obtained in a Robinson model R-22 or R-44 helicopter, as appropriate to 
the privileges sought;
    (2) At least 3 hours of flight time must be obtained within the 3 
calendar months preceding the month in which the flight review is due; 
and
    (3) The courses required by paragraph 2.(b)(9)(ii)(C) and (D) of 
this SFAR may count towards the 3 Wings credits.
    (B) Complete three hours of self-study, since January 1, 2020 and 
preceding the date of flight, on the following subjects--
    (1) The awareness training subject areas specified in paragraph 
2(a)(3)(i) through (v) of SFAR No. 73 of this part;
    (2) The current general operating and flight rules of part 91 of 
this chapter; and
    (3) Robinson R-22 or R-44 Maneuvers Guide, as applicable to the 
model(s) in which the airmen holds pilot in command privileges;
    (C) Complete Course ALC-103: Helicopter Weight and Balance, 
Performance at https://www.faasafety.gov; and
    (D) Complete Course ALC-104: Helicopter--General and Flight 
Aerodynamics at https://www.faasafety.gov/.
    (iii) Grace period. A person may act as a pilot in command of a 
Robinson model R-22 or R-44 helicopter, as appropriate, for a duration 
of three calendar months from the month in which the flight review was 
due. Before acting as pilot in command of an aircraft in the fourth 
month after the month in which the flight review was due, the person 
must satisfactorily complete a flight review in a Robinson model R-22 
or R-44 helicopter, as appropriate to the privileges sought, in 
accordance with paragraph 2(c) of SFAR No. 73 of this part and Sec.  
61.56.
    (10) Operations outside the United States. Unless otherwise 
prohibited by a foreign country, a person may operate outside of the 
United States under the relief provided by paragraph 2 of this SFAR if 
the person--
    (i) Has access to this SFAR when outside the United States; and
    (ii) Presents a copy of this SFAR for inspection upon request by a 
foreign Civil Aviation Authority in accordance with the Convention on 
International Civil Aviation (Chicago Convention), and its Annexes.
    3. Duration and renewal requirements.
    (a) This Part.
    (1) Extension of medical certificate duration requirements. 
Notwithstanding the duration requirements for medical certificates 
specified in Sec.  61.23(d), the expiration date of a first-, second-, 
or third-class medical certificate that expires between March 31, 2020 
and May 31, 2020 is extended through June 30, 2020. A certificate 
extended under this paragraph 3.(a)(1) is considered valid under Sec.  
61.2(a)(5). Unless otherwise prohibited by a foreign country, a person 
may operate outside of the United States under this paragraph 3.(a)(1) 
if the person--
    (i) Has access to this SFAR when outside the United States; and
    (ii) Presents a copy of this SFAR for inspection upon request by a 
foreign Civil Aviation Authority in accordance with the Convention on 
International Civil Aviation (Chicago Convention), and its Annexes.
    (2) Extension of knowledge test duration requirements in Sec.  
61.39. An applicant for a certificate or rating issued under this part 
may satisfy the eligibility requirement in Sec.  61.39(a)(1) by passing 
the required knowledge test--
    (i) Within the 27 calendar month period preceding the month the 
applicant completes the practical test, if a knowledge test is 
required, provided the knowledge test was passed between March 1, 2018 
and June 30, 2018; or
    (ii) Within the 63 calendar month period preceding the month the 
applicant completes the practical test for those applicants who 
complete the airline transport pilot certification training program in 
Sec.  61.156 and pass the knowledge test for an airline transport pilot 
certificate with a multiengine class rating, provided the knowledge 
test was passed between March 1, 2015 and June 30, 2015.
    (3) Extension of renewal requirements for flight instructor 
certification. The holder of a flight instructor certificate that 
expires between March 31, 2020 and May 31, 2020 may renew his or her 
flight instructor certificate by submitting a completed and signed 
application to the FAA and satisfactorily completing one of the renewal 
requirements specified in Sec.  61.197(a)(2)(i) through (iv) before 
June 30, 2020.
    (b) Part 63 of this Chapter.
    (1) Extension of medical certificate duration requirements. For a 
person acting as a flight engineer of an aircraft, the expiration date 
of a second-class (or higher) medical certificate that expires between 
March 31, 2020 and May 31, 2020 is extended through June 30, 2020. 
Unless otherwise prohibited by a foreign country, a person may operate 
outside of the United States under this paragraph 3.(b)(1) if the 
person:
    (i) Has access to this SFAR when outside the United States; and
    (ii) Presents a copy of this SFAR for inspection upon request by a 
foreign Civil Aviation Authority in accordance with the Convention on 
International Civil Aviation (Chicago Convention), and its Annexes.
    (2) Extension of written test duration requirements in Sec.  63.35 
of this chapter. An applicant for a flight engineer certificate or 
rating may satisfy the knowledge requirement in Sec.  63.35(d) of this 
chapter by passing the required written test within the 27 calendar 
month period preceding the month the applicant completes the practical 
test, provided the written test was passed between March 1, 2018 and 
June 30, 2018.
    (c) Part 65 of this Chapter.
    (1) Extension of knowledge test duration requirements in Sec.  
65.55 of this chapter. An applicant for an aircraft dispatcher 
certificate may satisfy the knowledge requirement in Sec.  65.55(b) of 
this chapter by presenting satisfactory evidence that the applicant 
passed the knowledge test within the 27 calendar month period preceding 
the month the applicant completes the practical test, provided the 
knowledge test was passed between March 1, 2018 and June 30, 2018.

[[Page 26349]]

    (2) Extension of testing period in Sec.  65.71 of this chapter. A 
person may show eligibility for a mechanic certificate or rating under 
Sec.  65.71 of this chapter by passing all of the prescribed tests of 
part 65, subpart D, of this chapter within a period of 27 months, 
provided the testing period began between March 1, 2018 and June 30, 
2018.
    (3) Renewal of inspection authorizations in Sec.  65.93 of this 
chapter.
    (i) Grace period for meeting renewal requirements. Notwithstanding 
the requirement in Sec.  65.93(c) of this chapter, an inspection 
authorization holder who did not complete one of the activities in 
Sec.  65.93(a)(1) through (5) of this chapter by March 31, 2020 of the 
first year may still be eligible for renewal of an inspection 
authorization for a 2-year period in March 2021. To be eligible for 
renewal, the inspection authorization holder must show completion of 
one of the five activities in Sec.  65.93(a)(1) through (5) of this 
chapter by June 30, 2020, and completion of the one of the five 
activities in Sec.  65.93(a)(1) through (5) of this chapter during the 
second year of the 2-year period. A person who completes one of the 
five activities by June 30, 2020 will be considered to have completed 
the activity by March 31, 2020 of the first year for purposes of 
determining eligibility under Sec.  65.93 of this chapter.
    (ii) Inspection authorization privileges after June 2020. If the 
inspection authorization holder does not complete one of the five 
activities in Sec.  65.93(a)(1) through (5) of this chapter by June 30, 
2020, the inspection authorization holder may not exercise inspection 
authorization privileges after June 30, 2020. The inspection 
authorization holder may resume exercising inspection authorization 
privileges only after passing an oral test from an FAA inspector in 
accordance with Sec.  65.93(c) of this chapter.
    (4) Military riggers or former military riggers: Special 
certification rule of Sec.  65.117 of this chapter. A person may 
satisfy the requirements of Sec.  65.117(a) and (b) of this chapter for 
a senior parachute rigger certificate by presenting satisfactory 
documentary evidence that the person was honorably discharged or 
released from any status covered by Sec.  65.117(a) of this chapter 
between March 2019 and June 2019, and has served as a parachute rigger 
for an Armed Force within the 15 months before the date of application.
    (d) Relief for U.S. Military and Civilian Personnel Who are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations. Notwithstanding the 6 calendar month period specified in 
paragraph 2 of SFAR No. 100-2 of this part, a person may exercise the 
relief specified in paragraph 1 of SFAR No. 100-2 for a duration of 9 
calendar months after returning to the United States, provided the 
person--
    (1) Is eligible in accordance with paragraph 2 of SFAR No. 100-2 of 
this part;
    (2) Complies with the documentation requirements specified in 
paragraph 3 of SFAR No. 100-2 of this part; and
    (3) Returned to the United States from deployment between October 
2019 and March 2020.
    (e) Part 141 of this Chapter.
    (1) Pilot school certificate requirements of Sec.  141.5 of this 
chapter.
    (i) Provisional pilot school. Notwithstanding the period specified 
in Sec.  141.5 of this chapter, a provisional pilot school may apply 
for, and the FAA may issue, a pilot school certificate with the 
appropriate ratings if the following requirements are met--
    (A) The provisional pilot school must satisfy the requirements of 
Sec.  141.5(a) through (e) of this chapter before December 31, 2020;
    (B) The provisional pilot school certificate must expire between 
April 2020 and June 2020; and
    (C) The provisional pilot school meets the requirements of 
paragraph 3.(e)(1)(ii) of this SFAR.
    (ii) Safety mitigations.
    (A) The provisional pilot school must notify its responsible Flight 
Standards office that it is applying for a pilot school certificate in 
accordance with this SFAR.
    (B) Each provisional pilot school must include in its notification 
an acceptable plan that explains the method to meet the requirements of 
Sec.  141.5(d) and (e) of this chapter, including--
    (1) Ensuring each instructor used for ground or flight training is 
current and proficient; and
    (2) Evaluating students to determine if they are assigned to the 
proper stage of the training course and if additional training is 
necessary.

    (2) Renewal of certificates and ratings in Sec.  141.27 of this 
chapter.
    (i) Pilot school. A pilot school may apply for renewal of its pilot 
school certificate and ratings after the expiration of its pilot 
schools certificate, provided the school applies for renewal before 
December 31, 2020 and the following requirements are met--
    (A) The pilot school must meet Sec.  141.27(a)(2) of this chapter 
before December 31, 2020;
    (B) The pilot school certificate must expire between April 2020 and 
June 2020; and
    (C) The pilot school meets the requirements of paragraph 
3.(e)(2)(ii) of this SFAR.
    (ii) Safety mitigations.
    (A) Each pilot school must submit to the responsible Flight 
Standards office notification that it will renew its pilot school 
certificate in accordance with this SFAR.
    (B) Each pilot school must include in its notification an 
acceptable plan that explains the method to regain currency, 
including--
    (1) Ensuring each instructor used for ground or flight training is 
current and proficient; and
    (2) Evaluating students to determine if they are assigned to the 
proper stage of the training course and if additional training is 
necessary.
    4. Other relief for special flight permits issued under Sec.  
21.197(c) of this chapter. In addition to the purposes specified in 
Sec.  21.197(c) of this chapter, notwithstanding Sec. Sec.  119.5(l) 
and 91.1015(a) of this chapter, a special flight permit with a 
continuing authorization may be issued under Sec.  21.197(c) of this 
chapter through December 31, 2020 for aircraft that may not meet 
applicable airworthiness requirements, but are capable of safe flight 
for the purpose of flying the aircraft to a point of storage, provided 
the following requirements are met--
    (a) The air carrier or operator must hold a special flight permit 
with continuing authorization to conduct a ferry flight program issued 
under Sec.  21.197(c) of this chapter; and
    (b) The certificate holder or management specification holder must 
notify the responsible Flight Standards office each time the special 
flight permit is used for the purpose of flying the aircraft to a point 
of storage.
    5. Expiration date. This SFAR is effective until March 31, 2021. 
The FAA may amend, rescind, or extend the SFAR as necessary.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
5. The authority citation for part 63 continues to read as follows:

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


0
6. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 63 to 
read as follows:

[[Page 26350]]

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
 7. 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.


0
8. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 65 to 
read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
9. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Public Law 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
10. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 91 
to read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

0
11. The authority citation for part 107 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5); 
Sec. 333 of Pub. L. 112-95, 126 Stat. 75.


0
12. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 107 
to read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
13. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705, 
44710-44711, 44713, 44716-44717, 44722.


0
14. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 125 
to read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

PART 141--PILOT SCHOOLS

0
15. The authority citation for part 141 continues to read as follows:

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


0
16. Add Special Federal Aviation Regulation (SFAR) No. 118 to part 141 
to read as follows:

Special Federal Aviation Regulation No. 118--Relief for Certain Persons 
During the Coronavirus Disease 2019 (COVID-19) Outbreak

    For the text of SFAR No. 118, see part 61 of this chapter.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on April 29, 2020.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2020-09472 Filed 4-30-20; 4:15 pm]
BILLING CODE 4910-13-P