[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55959-55961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17598]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 91

[Docket No. FAA-2023-1351; Notice No. 23-09B]
RIN 2120-AL61


Public Aircraft Logging of Flight Time, Training in Certain 
Aircraft Holding Special Airworthiness Certificates, and Flight 
Instructor Privileges

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

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: This action extends the comment period for the notice of 
proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time, 
Training in Certain Aircraft Holding Special Airworthiness 
Certificates, and Flight Instructor Privileges. On June 23, 2023, the 
Federal Aviation Administration (FAA) published this proposed rule. The 
NPRM proposed to allow pilots conducting public aircraft operations 
(PAO) to credit their flight time towards FAA civil regulatory 
requirements. Additionally, the FAA proposed to amend the operating 
rules for experimental aircraft to permit certain flight training, 
testing, and checking in these aircraft without a letter of deviation 
authority (LODA). The FAA proposed to extend the same relief to certain 
flight training, testing, and checking in limited category, primary 
category, and experimental light sport aircraft. The FAA also proposed 
miscellaneous amendments related to recent flight experience, flight 
instructor privileges, flight training in certain aircraft holding 
special airworthiness certificates, and the related prohibitions on 
conducting these activities for compensation or hire. The FAA is 
extending the comment period for this NPRM to allow commenters 
additional time to analyze the proposed rule and prepare a response.

DATES: The comment period for the NPRM published June 23, 2023 at 88 FR 
41194 and scheduled to close on August 22, 2023, is extended until 
September 21, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1351 
using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for sending your comments 
electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for

[[Page 55960]]

accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jabari Raphael, General Aviation and 
Commercial Division, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; (202) 
267-1088; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    On June 23, 2023, the FAA published the NPRM Public Aircraft 
Logging of Flight Time, Training in Certain Aircraft Holding Special 
Airworthiness Certificates, and Flight Instructor Privileges.\1\ As 
directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L. 
115-254), the FAA proposed to allow pilots conducting public aircraft 
operations (PAO) under Title 49 of the United States Code (U.S.C.) 
40102(a)(41) and 40125 to credit their flight time towards FAA civil 
regulatory requirements. While section 517 requires the FAA to issue 
regulations to allow the logging of flight time in aircraft used in PAO 
under direct operational control of forestry and fire protection 
agencies, the FAA proposed to more broadly consider all PAO for flight 
time. Moreover, the FAA proposed to expand the regulatory framework to 
allow pilots serving in PAO as second in command to log flight time, 
under certain circumstances. Enabling pilots to log second-in-command 
(SIC) time while operating a PAO encourages the use of a second pilot 
where one may not be required and increases overall safety in the 
National Airspace System (NAS).
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    \1\ 88 FR 41194, corrected at 88 FR 44744.
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    The FAA also proposed to clarify recent flight experience 
requirements and the authorized flight training activities under part 
61. The FAA proposed to add Sec.  61.57(e)(5) to codify an exception 
that, in certain circumstances, would enable a person receiving flight 
training to act as pilot-in-command (PIC), even if that person does not 
meet the recent flight experience requirements for carrying passengers 
under Sec.  61.57(a) or (b). Additionally, the FAA proposed to add 
``maintaining or improving skills for certificated pilots'' to the list 
of flight instructor privileges found in Sec. Sec.  61.193(a)(7) and 
61.413(a)(6) to clarify that flight instructors are authorized to 
conduct certain specialized and elective training.
    The proposed rule would also amend part 91 operating rules to 
clarify prohibited operations and create limited exceptions to the 
general prohibition on carriage of persons for compensation or hire for 
flight training, testing, and checking in aircraft holding certain 
special airworthiness certificates. Currently, part 91 regulations 
broadly prohibit a person from operating certain aircraft with special 
airworthiness certificates (i.e., limited category, experimental, or 
primary category aircraft) \2\ carrying persons and property for 
compensation or hire. These part 91 regulations use broad terms that 
the FAA has defined either in regulation (i.e., operate, person) or 
through interpretation and guidance (i.e., compensation). The broad 
language in these regulations was the subject of recent litigation \3\ 
that identified a discrepancy between the plain language of the 
regulation and the FAA's longstanding application of the regulation to 
certain flight training activity. Therefore, the FAA initiated this 
rulemaking to remove the requirement for owners (and certain persons 
affiliated with owners) to obtain a LODA to accomplish flight training 
in their aircraft and to clarify the general prohibition on operating 
aircraft with certain special airworthiness certificates while carrying 
persons or property for compensation or hire.
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    \2\ Section 21.175(b) identifies special airworthiness 
certificates as primary, restricted, limited, light-sport, and 
provisional airworthiness certificates, special flight permits, and 
experimental certificates.
    \3\ Warbird Adventures, Inc. v. Fed. Aviation Admin., Petition 
for Review from an Emergency Cease and Desist Order Issued by the 
Federal Aviation Administration on July 28, 2020, Doc. No. 1854466 
(D.C. Cir. 2020).
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    During the development of this NPRM, the President signed into law 
the James M. Inhofe National Defense Authorization Act for 2023 (2023 
NDAA), which included a self-implementing provision that amended the 
operating rules to permit certain flight training, testing, and 
checking in experimental aircraft without a letter of deviation 
authority (LODA). The FAA proposed to extend the same relief to certain 
flight training, testing, and checking in limited category, primary 
category, and experimental light sport aircraft. The FAA anticipates 
that the proposed changes will provide greater access to specialized 
training in aircraft with special airworthiness certificates.

II. Extension of Comment Period

    Commenters were instructed to provide comments to the NPRM on or 
before August 22, 2023 (i.e., sixty (60) days after publication of the 
NPRM). Subsequently, the FAA received a request from the Experimental 
Aircraft Association (EAA) to extend the comment period an additional 
sixty (60) days.\4\ EAA noted that the proposed rule was published 
during one of the busiest months of the year for many communities 
affected by this NPRM, EAA, and other industry stakeholders with the 
execution of and participation in EAA AirVenture Oshkosh. Additionally, 
EAA noted this proposed rule was published concurrently with a number 
of other notable FAA proposed rules that the industry and EAA community 
have a vested interest in and will be submitting comments on. Given the 
significant time commitments during the month of July, not only for EAA 
but also for industry stakeholders, as well as the FAA release of other 
important proposed rules during the same time frame, EAA requested a 
60-day extension to the NPRM comment period.
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    \4\ FAA-2023-1351-0007.
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    The FAA grants the petitioner's request for an extension of the 
comment period. The FAA recognizes the importance of the proposed rule 
and that an extension would help commenters craft complete and 
thoughtful responses. However, the FAA believes that an additional 
thirty (30) days provides sufficient opportunity to review the NPRM and 
provide comments. With this extension, the comment period will now 
close on September 21, 2023. This will provide the public with a total 
of ninety (90) days to conduct its review and submit comments to the 
docket.
    The FAA will not grant any additional requests to further extend 
the comment period for this rulemaking.

III. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The Agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically or commenters should send only one copy

[[Page 55961]]

of written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA), 5 U.S.C. 552, 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Any commentary the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this notice of proposed rulemaking, all comments 
received, any final rule, and all background material may be viewed 
online at www.regulations.gov using the docket number listed above. A 
copy of this rulemaking will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at www.federalregister.gov and the Government 
Publishing Office's website at www.govinfo.gov. A copy may also be 
found at the FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

IV. Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the petitions for extension of the 
comment period for this notice. The petitioners have shown a 
substantive interest in the proposed policy and good cause for the 
extension of the comment period. The FAA has determined that an 
extension of the comment period for an additional thirty (30) days to 
September 21, 2023 is consistent with the public interest, and that 
good cause exists for taking this action.
    Accordingly, the comment period for Notice No. 23-09 is extended 
until September 21, 2023.

    Issued under authority provided by 49 U.S.C. 106(f), 44701-
44703, sec. 517 of Pub. L. 115-254, and sec. 5604 of Pub. L. 117-263 
in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-17598 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P