Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 66261 

within 50 flight cycles after the effective date 

of this AD. 

(ii) For airplanes that, as of the effective 

date of this AD, have accumulated 10,000 

flight cycles or more but fewer than 11,000 

flight cycles since the incorporation of the 

actions specified in EMBRAER Service 

Bulletin 145–53–0058: Do the inspection 

within 11,050 flight cycles after the 

incorporation of the actions specified in 

EMBRAER Service Bulletin 145–53–0058, or 

within 150 flight cycles after the effective 

date of this AD, whichever occurs first. 

(iii) For airplanes that, as of the effective 

date of this AD, have accumulated 7,500 

flight cycles or more but fewer than 10,000 

flight cycles since the incorporation of the 

actions specified in EMBRAER Service 

Bulletin 145–53–0058: Do the inspection 

within 10,150 flight cycles after the 

incorporation of the actions specified in 

EMBRAER Service Bulletin 145–53–0058, or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs first. 

(iv) For airplanes that, as of the effective 

date of this AD, accumulated fewer than 

7,500 flight cycles since the incorporation of 

the actions specified in EMBRAER Service 

Bulletin 145–53–0058: Do the inspection 

within 8,000 flight cycles after the 

incorporation of the actions specified in 

EMBRAER Service Bulletin 145–53–0058, or 

within 5,000 flight cycles after the effective 

date of this AD, whichever occurs first. 

(h) Corrective Actions 

If, during any inspection required by 

paragraph (g) of this AD, any discrepancy is 

found or if, during any check required by 

paragraph (g) of this AD, any bolt is found 

that is not tight, before further flight, do the 

replacement of the attaching parts of the 

lower eyelet fitting of the cockpit windshield 

center-post, including doing a general visual 

inspection for damage on the eyelet fitting; in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–53–0082, dated October 18, 2013. If any 

damage to the eyelet fitting is found, before 

further flight, repair using a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) (or its delegated agent, 

or by the Design Approval Holder (DAH) 

with ANAC design organization approval). 

For a repair method to be approved, the 

repair approval must specifically refer to this 

AD. 

(i) Optional Terminating Action 

For Group 1 airplanes, and Group 2 

airplanes (airplanes on which the actions 

specified in EMBRAER Service Bulletin 145– 

53–0058, dated December 23, 2004; or 

Revision 01, dated March 30, 2007; have 

been done), as identified in EMBRAER 

Service Bulletin 145–53–0082, dated October 

18, 2013: Doing the replacement of the 

attaching parts of the lower eyelet fitting of 

the cockpit windshield center-post, including 

doing a general visual inspection for damage 

on the eyelet fitting if any discrepancy is 

found in any bolts, terminates the 

inspections required by paragraph (g) of this 

AD. The replacement specified in this 

paragraph must be done in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–53–0082, 

dated October 18, 2013, except as required by 

paragraph (j) of this AD. 

(j) Service Information Exception 

Where EMBRAER Service Bulletin 145– 

53–0082, dated October 18, 2013, specifies to 

contact Embraer if there are signs of damage 

on the eyelet fitting, before further flight, 

repair using a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or 

ANAC (or its delegated agent, or by the DAH 

with ANAC design organization approval). 

For a repair method to be approved, the 

repair approval must specifically refer to this 

AD. 

(k) Credit for Previous Actions 

This paragraph provides credit for actions 

specified in paragraphs (g), (h), and (i) of this 

AD, if those actions were performed before 

the effective date of this AD using EMBRAER 

Alert Service Bulletin 145–53–A082, dated 

September 22, 2013; or EMBRAER Alert 

Service Bulletin 145–53–A082, Revision 01, 

dated September 26, 2013; which are not 

incorporated by reference in this AD. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1175; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

were approved by the State of Design 

Authority (or its delegated agent, or the 

Design Approval Holder with a State of 

Design Authority’s design organization 

approval, as applicable). For a repair method 

to be approved, the repair approval must 

specifically refer to this AD. You are required 

to ensure the product is airworthy before it 

is returned to service. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Brazilian 

Emergency Airworthiness Directive 2013– 

10–01, effective October 3, 2013, for related 

information. You may examine the MCAI on 

the Internet at http://www.regulations.gov by 

searching for and locating it in Docket No. 

FAA–2013–0868. 

(2) Service information identified in this 

AD that is not incorporated by reference may 

be obtained at the addresses specified in 

paragraphs (n)(3) and (n)(4) of this AD. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) EMBRAER Service Bulletin 145–53– 

0082, dated October 18, 2013. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email distrib@

embraer.com.br; Internet http://

www.flyembraer.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on October 

25, 2013. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–26323 Filed 11–4–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No.: FAA–2013–0780; Amdt. No. 

61–131] 

RIN 2120–AK23 

Certified Flight Instructor Flight 

Reviews; Recent Pilot in Command 

Experience; Airmen Online Services; 

Confirmation of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 


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66262 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on September 16, 2013, and 

responds to the comments received on 

that direct final rule. The rule permits 

an airman who passes a practical test for 

issuance of a flight instructor certificate, 

a practical test for the addition of a 

rating to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate to meet the 24- 

calendar month flight review 

requirements. This rule also clarifies 

that the generally applicable recent 

flight experience requirements do not 

apply to a pilot in command who is 

employed by a commuter or on-demand 

operator if the pilot in command is in 

compliance with the specific pilot in 

command qualifications and recent 

experience requirements for that 

commuter or on-demand operator. 

Finally, this rule permits replacement 

airman and medical certificates to be 

requested online, or by any other 

method acceptable to the Administrator. 

These changes relieve regulatory 

burdens and clarify existing regulations. 

DATES: The direct final rule published 

September 16, 2013, at 78 FR 56822, 

becomes effective on November 15, 

2013. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Allan G. Kash, Airmen 

Certification and Training Branch, 

Flight Standards Service, AFS–810, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

385–9621; email allan.g.kash@faa.gov. 

For legal questions concerning this 

action, contact Anne Moore, Office of 

the Chief Counsel—International Law, 

Legislation, and Regulations Division, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3123; email 

anne.moore@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion of the 

Direct Final Rule 

Flight Review 

The purpose of the flight review is to 

provide for a regular assessment of pilot 

skills and aeronautical knowledge. 

When the requirement was first 

introduced, the FAA stated that the 

flight review would assure that every 

pilot would have a qualified individual 

comment on his or her competency at 

least once every two years, as discussed 

in 38 FR 3156 (February 1, 1973). 

Section 61.56 sets forth certain 

exceptions to the requirement for a pilot 

to accomplish a flight review. Among 

these exceptions, a person who has, 

within the prescribed 24-month period, 

‘‘passed a pilot proficiency check 

conducted by an FAA examiner, an 

approved pilot check airman, or a U.S. 

Armed Force, for a pilot certificate, 

rating, or operating privilege,’’ need not 

accomplish the required flight review 

required by § 61.56(d). In addition, 

pilots employed by a part 119 certificate 

holder conducting operations under part 

121 and part 135 receive recurring 

training and proficiency checks, 

conducted by an FAA examiner or 

approved pilot check airman provided 

by their employer, which exceed the 

requirements of a flight review. 

Industry advocacy groups indicated 

they believed that the flight instructor 

certification covers much more than the 

regulatory requirements of a flight 

review. These groups indicated support 

for amendment of the regulations to 

allow for a flight instructor practical test 

to be included as an exception to 

completing a flight review. As discussed 

further in the direct final rule, the FAA 

agreed with this view. The direct final 

rule published September 16, 2013, 

modified § 61.56(d) to allow an airman 

who passes a practical test for issuance 

of a flight instructor certificate, a 

practical test for the addition of a rating 

to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate to meet the flight 

review requirements of 14 CFR part 61. 

Recent Flight Experience 

Section 61.57 sets forth the recent 

flight experience requirements to act as 

pilot in command of an aircraft. Section 

61.57(e)(2) states that this section does 

not apply ‘‘to a pilot in command who 

is employed by an air carrier certificated 

under part 121 or 135 and is engaged in 

a flight operation under part 91, 121, or 

135 for that air carrier if the pilot is in 

compliance with’’ the pilot-in-command 

requirements in § 121.435 or § 121.436, 

as applicable, and § 121.439 or 

§§ 135.243 and 135.247, as appropriate. 

The FAA received several requests for 

clarification of whether, under the 

specific language of § 61.57(e)(2), the 

exception applies only to a pilot in 

command employed by the holder of a 

part 119 air carrier certificate or whether 

it also extends to a pilot in command 

employed by the holder of a part 119 

operating certificate. 

When the FAA first proposed this 

exception to the recent flight experience 

requirements in § 61.57, it stated that 

the intention was to provide relief from 

‘‘essentially redundant recency 

requirements’’ for part 121 and part 135 

operators and their pilots in command 

(59 FR 56385, November 14, 1994). In 

that final rule, then-§ 61.57(f) stated that 

the recent flight experience 

requirements in part 61 did not apply 

‘‘to a pilot in command, employed by a 

14 CFR part 121 or part 135 operator, 

engaged in flight operations under 14 

CFR part 91, 121, or 135 for that 

operator.’’ The FAA refined the 

language in a 1997 final rule and, in 

doing so, introduced the term ‘‘air 

carrier’’ in place of the term ‘‘operator’’ 

(62 FR 16220, April 7, 1997). 

The FAA did not intend to limit the 

exception to pilots employed by air 

carriers operating in parts 121 and 135. 

The FAA intended to include any pilot 

in command who is employed by a part 

119 certificate holder authorized to 

conduct operations under part 121 or 

part 135 when the pilot is engaged in 

operations under parts 91, 121, or 135 

for that certificate holder if the pilot in 

command is in compliance with 

§§ 121.435 or 121.436, as applicable, 

and § 121.439 or §§ 135.243 and 

135.247, as appropriate. 

Consequently, in the direct final rule 

published September 16, 2013, the FAA 

amended the language in § 61.57(e) to 

make clear that the recent flight 

experience requirements of that section 

do not apply to a pilot in command who 

is employed by the holder of an 

operating certificate that is conducting 

operations under part 121 or part 135 if 

the pilot in command is also in 

compliance with § 121.435 or § 121.436, 

as applicable, and § 121.439, or 

§§ 135.243 and 135.247, as appropriate. 

Airmen Online Services 

In the case of a lost or destroyed 

airman or medical certificate, § 61.29(a) 

and (b) permit a pilot to request the 

replacement of a lost or destroyed 

airman certificate issued under part 61. 

Replacement airman certificates may be 

requested by letter to the Department of 

Transportation, FAA, Airmen 

Certification Branch, and replacement 

medical certificates may be requested by 

letter to the Department of 

Transportation, FAA, Aerospace 

Medical Certification Division. 

Although current regulations 

recognize requests for replacement 

certificates only by letter, the FAA has 

established Airmen Online Services 


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Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 66263 

through which a pilot can request a 

replacement airman certificate or obtain 

a document that provides temporary 

authority to exercise the privileges of an 

airman certificate by facsimile or 

through internet download at the FAA 

Web site: http://www.faa.gov/licenses_

certificates/airmen_certification/

certificate_replacement/. The use of 

Airmen Online Services is not 

addressed or recognized in § 61.29. 

Therefore, in the direct final rule 

published September 16, 2013, the FAA 

amended the language in § 61.29 to 

reflect the use of Airmen Online 

Services or any method acceptable to 

the FAA for the purpose of obtaining a 

replacement certificate or 60-day 

authority to exercise the privileges of a 

lost or stolen certificate. 

The FAA also revised § 61.3 to clarify 

that temporary documents issued under 

§ 61.29(e) are acceptable for meeting the 

§ 61.3 requirement that a pilot have his 

or her pilot certificate and medical 

certificate in the person’s physical 

possession when serving as a required 

flightcrew member. 

Discussion of Comments 

The FAA received 7 comments to the 

direct final rule. All commenters 

supported the rule as published. 

Commenters supported the regulatory 

changes, noting that they would relieve 

burdens for the regulated community, 

and would potentially reduce costs for 

certified flight instructors. 

Conclusion 

After consideration of the comments 

submitted in response to the direct final 

rule, the FAA has determined that no 

further rulemaking action is necessary. 

Therefore, the direct final rule 

published September 16, 2013 at 78 FR 

56822, Amendment No. 61–131, will 

become effective November 15, 2013. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal at http://www.regulations.gov; 

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/

rulemaking/sbre_act/. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC, on December 31, 2013. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–26472 Filed 11–4–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510, 520, 522, and 558 

[Docket No. FDA–2013–N–0002] 

New Animal Drugs; Afoxolaner; 

Carprofen; Ceftiofur Hydrochloride; 

Monensin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval actions for new animal drug 

applications (NADAs) and abbreviated 

new animal drug applications 

(ANADAs) during September 2013. FDA 

is also informing the public of the 

availability of summaries on the basis of 

approval and of environmental review 

documents, where applicable. The 

animal drug regulations are also being 

amended to reflect a change of 

sponsorship for an ANADA. 

DATES: This rule is effective November 

5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

George K. Haibel, Center for Veterinary 

Medicine (HFV–6), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9019, 

george.haibel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: FDA is 

amending the animal drug regulations to 

reflect approval actions for NADAs and 

ANADAs during September 2013, as 

listed in table 1. In addition, FDA is 

informing the public of the availability, 

where applicable, of documentation of 

environmental review required under 

the National Environmental Policy Act 

(NEPA) and, for actions requiring 

review of safety or effectiveness data, 

summaries of the basis of approval (FOI 

Summaries) under the Freedom of 

Information Act (FOIA). These public 

documents may be seen in the Division 

of Dockets Management (HFA–305), 

Food and Drug Administration, 5630 

Fishers Lane, rm. 1061, Rockville, MD 

20852, between 9 a.m. and 4 p.m., 

Monday through Friday. Persons with 

access to the Internet may obtain these 

documents at the Center for Veterinary 

Medicine FOIA Electronic Reading 

Room: http://www.fda.gov/AboutFDA/

CentersOffices/OfficeofFoods/CVM/

CVMFOIAElectronicReadingRoom/

default.htm. 

In addition, Piedmont Animal Health, 

204 Muirs Chapel Rd., suite 200, 

Greensboro, NC 27410 has informed 

FDA that it has transferred ownership 

of, and all rights and interest in, 

ANADA 200–555 for LIBREVIA 

(carprofen) Soft Chewable Tablets to 

Bayer HealthCare LLC, Animal Health 

Division, P.O. Box 390, Shawnee 

Mission, KS 66201. Accordingly, the 

Agency is amending the regulations to 

reflect this change of sponsorship. 

Following this change of sponsorship, 

Piedmont Animal Health is no longer a 

sponsor of an approved NADA. 

Accordingly, FDA is amending 21 CFR 

510.600 to remove the entries for this 

firm. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 


wreier-aviles on DSK5TPTVN1PROD with RULES