[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Proposed Rules]
[Pages 74908-74909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24082]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / 
Proposed Rules  

[[Page 74908]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65 and 141

[Docket No.: FAA-2023-0825; Notice No. 23-06A]
RIN 2120-AL25


Removal of Expiration Date on a Flight Instructor Certificate; 
Additional Qualification Requirements To Train Initial Flight 
Instructor Applicants; and Other Provisions; Reopening of Comment 
Period

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

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

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

SUMMARY: This action reopens the comment period for the notice of 
proposed rulemaking (NPRM) published on May 23, 2023, titled ``Removal 
of Expiration Date on a Flight Instructor Certificate; Additional 
Qualification Requirements To Train Initial Flight Instructor 
Applicants; and Other Provisions.'' The proposed amendments would 
function to remove the expiration date from a flight instructor 
certificate, establish recent experience requirements, expand certain 
certificate reinstatement options for flight instructors, amend 
qualification requirements for flight instructors seeking to provide 
training to initial flight instructor applicants, and codify the 
requirements of a Special Federal Aviation Regulation. The FAA is 
reopening the comment period to allow commenters an additional 
opportunity to provide feedback on this proposed rule.

DATES: The comment period for the NPRM published on May 23, 2023, at 88 
FR 32983, and closed on June 22, 2023, is reopened until December 1, 
2023.

ADDRESSES: Send comments identified by docket number FAA-2023-0825 
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.
    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.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
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: Allan G. Kash, Training and 
Certification Group, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-1100; email [email protected].

SUPPLEMENTARY INFORMATION:

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views relating to 
the rulemaking. 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 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.

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 listed under the FOR FURTHER 
INFORMATION CONTACT heading at the beginning of the preamble. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

C. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
internet by--
    1. Searching the Federal eRulemaking Portal at www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at 
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at 
www.GovInfo.com.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of

[[Page 74909]]

Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or 
by calling (202) 267-9680. 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 from 
the internet through the Federal eRulemaking Portal referenced in item 
(1) above.

I. Background

    On May 23, 2023, the FAA published an NPRM titled ``Removal of 
Expiration Date on a Flight Instructor Certificate; Additional 
Qualification Requirements To Train Initial Flight Instructor 
Applicants; and Other Provisions,'' in the Federal Register (88 FR 
32983; Notice No. 23-06). The NPRM primarily proposed amendments to 
flight instructor certificate requirements in part 61. First, the FAA 
proposed to amend flight instructor certificate renewal requirements by 
changing the existing renewal requirements to recent experience 
requirements and adding a new method for persons to establish recent 
flight instructor experience. Additionally, the FAA proposed to allow a 
flight instructor whose recent experience lapsed by no more than three 
calendar months to reinstate flight instructor privileges by taking an 
approved flight instructor refresher course rather than completing a 
flight instructor certification practical test. Further, the FAA 
proposed to amend the qualification requirements for flight instructors 
seeking to provide training to initial flight instructor applicants by 
adding two new methods under which a flight instructor may become 
qualified to provide this training. Finally, the FAA proposed to 
relocate and codify Special Federal Aviation Regulation (SFAR) 100-2, 
Relief for U.S. Military and Civilian Personnel who are Assigned 
Outside the United States in Support of U.S. Armed Forces Operations 
into parts 61, 63, and 65.
    Commenters were instructed to provide comments on or before June 
22, 2023 (i.e., 30 days from the date of publication of the NPRM). 
However, during the original comment period, the FAA received a request 
to extend the comment period to provide additional time to the public 
to comment on the proposed rule.\1\ Specifically, the comment proposed 
several recommendations in lieu of the proposed rulemaking. One such 
comment urged the FAA to convene a working group and consult with the 
flight training industry and, at a minimum, an extension of the comment 
period until after AirVenture 2023.\2\
---------------------------------------------------------------------------

    \1\ See comment from William Edwards, Docket No. FAA-2023-0825-
0132.
    \2\ The Experimental Aircraft Association's AirVenture Oshkosh 
Air Show was held from July 24 through July 30, 2023.
---------------------------------------------------------------------------

II. Reopening of Comment Period

    The FAA grants the commenter's request for an extension of the 
comment period to comment on the proposed rule. Under the guidance of 
Executive Order 13563, which provides that the public must be afforded 
a meaningful opportunity to comment with a comment period that should 
generally be at least 60 days, the FAA finds that an additional thirty 
(30) days will provide sufficient opportunity for the public to comment 
(i.e., a total period of 60 days). Therefore, the comment period for 
Notice No. 23-06 is reopened until December 1, 2023.
    The FAA will not grant any additional requests to further extend 
the comment period for this rulemaking. Issued under authority provided 
by 49 U.S.C. 106(f), 44701(a)(5), and 44703(a) in Washington, DC, on or 
about October 26, 2023.

Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-24082 Filed 10-31-23; 8:45 am]
BILLING CODE 4910-13-P