58232 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2002–11666; Amendment 

No. 61–107] 

RIN 2120–AH76 

Picture Identification Requirements

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Disposition of comments on 

final rule. 

SUMMARY: On October 28, 2002, the FAA 

revised the authority to exercise the 

privileges of a pilot certificate to require 

a pilot to carry photo identification 

acceptable to the Administrator. 

Additionally, the final rule required a 

pilot certificate holder to present that 

photo identification when exercising the 

privileges of the certificate. The rule 

permits the Administrator, an 

authorized representative of the 

National Transportation Safety Board or 

Transportation Security Administration, 

or a law enforcement officer to inspect 

the photo identification. These 

requirements addressed pilot 

identification and pilot certificate 

security concerns.

DATES: The final rule was effective on 

October 28, 2002. The closing date for 

comments on the final rule was 

November 27, 2002.

ADDRESSES: You may examine the 

complete docket for the final rule on 

pilot picture identification at the Docket 

Management System (DMS). DMS is 

located at the U.S. Department of 

Transportation, 400 Seventh Street, SE., 

Room 401, Plaza Level, Washington, DC 

20590–0001. Hours are 9 a.m. to 5 p.m., 

Monday–Friday, except Federal 

holidays. You may also access the 

docket electronically at http://

dms.dot.gov. A ‘‘Simple Search’’ on 

docket number 11666 will provide a list 

of all comments as well as a copy of the 

final rule and this disposition 

document.

FOR FURTHER INFORMATION CONTACT: John 

Lynch, Certification Branch, AFS–840, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3844.

SUPPLEMENTARY INFORMATION: 

Background 

The Aviation and Transportation 

Security Act (ATSA), Public Law 107–

71, enacted on November 19, 2001, 

required the Under Secretary of 

Transportation for Security to consider 

upgrading U.S. pilot certificates. Section 

109 (a)(6) of ATSA provided that the 

Under Secretary, in consultation with 

the Administrator of the Federal 

Aviation Administration, may ‘‘consider 

whether to require all pilot licenses to 

incorporate a photograph of the license 

holder and appropriate bio-metric 

imprints.’’ 

In addition, the FAA received a 

petition from the Aircraft Owners and 

Pilots Association (AOPA), dated 

February 21, 2002. AOPA asked the 

FAA to revise 14 CFR 61.3(a) and (l) to 

require a pilot to carry photo 

identification while exercising the 

privileges of the pilot certificate. The 

petition also requested that the FAA 

require a pilot to present that photo 

identification when requested for 

inspection by an appropriate official. 

The AOPA pointed out in its petition 

that this solution would be far less 

costly and quicker to implement than 

would any significant modification to 

the pilot certification system. The 

AOPA suggested the most commonly 

held form of photo identification is a 

State driver’s license, which would 

impose no additional cost to the pilot or 

to the Federal government. 

The FAA responded to the AOPA on 

March 27, 2002, stating the proposal 

‘‘provides a positive short-term measure 

to enhance security throughout the 

general aviation community.’’ The FAA 

also acknowledged that, while the 

proposal was a good interim measure, it 

did not fully address the concerns of 

ATSA or requirements of the Federal 

Aviation Administration Drug 

Enforcement Assistance Act of 1988 

(DEA Act). The FAA also stated that it 

would continue to work with the 

Transportation Security Administration 

(TSA) to determine what further actions 

need to be taken to improve the pilot 

certification process. The TSA, 

recognizing ongoing security concerns 

regarding the use of an aircraft to 

conduct terrorist acts within the United 

States, requested the FAA to issue a 

final rule, immediately effective, 

adopting the AOPA proposal as an 

interim measure. Thus, on October 28, 

2002, the final rule for pilot picture 

identification was published and 

effective on that date. 

Discussion of Comments Received on 

the Final Rule 

Comment: Many commenters 

expressed overall support for the rule as 

a necessary, low-cost first step in 

increasing security by identifying pilots. 

Individuals applauded the FAA for a 

quick solution that is easily available 

and does not incur additional expense. 

The Aircraft Owners and Pilots 

Association noted that publishing this 

requirement as a direct final rule was 

the right action to address this security 

issue. 

FAA’s Response: As noted in the final 

rule, the FAA found that this 

requirement was an ‘‘expeditious and 

cost effective measure that will provide 

additional security through enhanced 

identification of pilots exercising the 

privileges of their certificate.’’ In 

addition, TSA determined that the 

security benefits of this rule must not be 

delayed and requested the FAA to adopt 

a final rule.

Comment: Some commenters, 

however, were highly critical of the 

rule, stating the rule provides no 

security benefits, but rather represents 

an attempt by the FAA to look like we 

are addressing security concerns. 

FAA Response: The FAA disagrees 

with this comment. This pilot 

identification rule adds another layer of 

security to the aviation system. This 

rule provides added protection against 

potential acts of terrorism in the 

aviation system by requiring pilots to 

produce a form of identification other 

than the pilot certificate, when asked by 

an appropriate official. This rule 

requires a form of pilot identity 

confirmation through a photo 

identification. 

Comment: Other commenters said the 

rule would be ineffective because 

anyone can obtain a falsified driver’s 

license. 

FAA Response: Although this rule 

does not address security concerns with 

the various types of identification that 

may be used to comply with this rule, 

the FAA recognizes that each 

identification has an authority working 

to maintain a secure identification. 

Comment: One commenter noted that 

profiling would provide more security 

benefits than this rule. Another 

commenter suggested fingerprinting or 

laser-scanned identification instead of 

this rule. 

FAA Response: As stated in the 

NPRM, the FAA adopted this rule as an 

interim measure to implement security 

measures concerning the pilot 

certificate. Measures such as profiling of 

pilots or more sophisticated methods of 

identification, like fingerprinting, are 

long term broad security measures that 

are beyond the scope of this rule. 

However, the FAA continues to 

consider various types of long term 

security measures. 

Comment: Several commenters 

suggested that the current rule provides 

little or no security benefit and urged 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58233

the FAA to require a photograph on the 

pilot certificate. These commenters 

noted that states require photo 

identification for driver’s licenses and 

there is very little cost to the public for 

these identifications. 

FAA Response: The FAA recognizes 

the need for additional security 

measures associated with the pilot 

certificate, thus, this rule was adopted 

as an interim measure. The FAA took a 

permanent step in adding security 

features to the pilot certificate, by 

replacing paper certificates with a new 

plastic identification card that contains 

additional security features. 

Comment: One commenter asked 

whether a security guard at an airport is 

authorized under 61.3(a)(2) to ask for 

pilot identification. 

FAA Response: A security guard 

could be authorized to ask for pilot 

identification under 61.3(a)(2), if state or 

local law enforcement authorities have 

delegated duties to that security guard 

and the pilot is executing the privileges 

of the airman certificate. 

Comment: Several commenters, 

including the Air Line Pilots 

Association, International (ALPA), 

International Brotherhood of Teamsters 

(IBT), and the New York State Office of 

Public Security, commented that this 

rule may serve as an interim measure, 

but the rule does not meet the intent of 

either the DEA Act or ATSA. These 

commenters urged the FAA to develop 

and require an up-to-date, fraudresistant, means of pilot identification, 

similar to the identification card 

proposed in response to the DEA Act, 

March 12, 1990 (55 FR 9270). ALPA 

supported the Department of 

Transportation’s Transportation Worker 

Identification Card (TWIC). 

FAA Response: Since the issuance of 

the final rule on pilot picture 

identification, the FAA has responded 

to many of these suggestions by 

replacing the current paper pilot 

certificate with a plastic credit-card 

sized certificate that incorporate 

security features. The FAA issues new 

certificates as pilots earn additional 

ratings, replace a certificate, or request 

a new certificate. Pilots who seek a 

replacement certificate, may obtain one 

by submitting an application with a $2 

fee to Flight Standards Service, Airmen 

Certification Branch, AFS–760, FAA, 

P.O. Box 25082, Oklahoma City, 

Oklahoma, 73125 (telephone: (405) 954–

3205). The FAA recognizes that its new 

plastic pilot certificate does not 

establish a combined photo 

identification and pilot certificate at this 

point. However, as previously stated, 

the ‘‘Picture Identification 

Requirements’’ final rule is an interim 

measure, and the FAA is considering 

various security options associated with 

the new plastic identification certificate. 

In addition, the new airman certificate, 

partially addresses some of the concerns 

in the DEA Act and ATSA. 

Comment: One commenter suggested 

the FAA extend this rule to other crew 

members such as flight engineers or 

navigators. 

FAA Response: The FAA does not 

plan to extend this rule to other 

crewmembers at this time. 

Comment: One commenter suggested 

including the immigration status of a 

pilot/flight instructor along with the 

pilot’s authority to work in the U.S. 

FAA Response: Although the new 

pilot certificate may be capable of 

containing many different security 

features, the FAA does not plan at this 

time to include a pilot’s immigration or 

authority to work status in the 

certificate. 

Comment: Several commenters were 

concerned that it may be difficult for 

student pilots under the age of 16 to 

comply with this rule because such 

students may not possess a driver’s 

license. Commenters also suggested 

these individuals are unlikely to have a 

passport or other Government 

identification that would comply with 

this rule. 

FAA Response: Section 61.3(a)(2) has 

several options for meeting the 

requirements of carrying a photo 

identification that matches the pilot 

certificate and showing the 

identification to the proper authorities. 

The FAA believes it is not difficult for 

students, even those under the age of 16, 

to obtain an identification card that will 

meet the requirements of this rule. For 

example, the Department of Motor 

vehicles for many states issue photo 

identification cards to individuals under 

the age of 16 or otherwise not eligible 

for a driver’s license. For further 

information contact your local 

Department of Motor Vehicles or visit 

http://www.dmv.org and click on 

identification cards. 

Comment: One commenter stated that 

the rule is unnecessary because each 

pilot is already required to carry with 

his/her pilot certificate a current 

medical certificate which has that 

pilot’s height, weight, hair color, eye 

color, etc. 

FAA Response: While a medical 

certificate does include the listed 

physical descriptions, one description 

could fit many people. The photo makes 

it readily apparent whether or not the 

medical certificate actually matches the 

photo and thus identifies the person. 

Comment: Several individuals 

commented that this rule would not 

have prevented the September 11 

terrorist attacks because terrorists would 

have some form of photo identification 

with them. They stated that more than 

a year has passed since the terrorist 

attacks, and there has been no terrorist 

attacks in general aviation. Yet another 

commentator stated that it is virtually 

impossible to prevent acts of terrorism; 

it is up to the citizenry to be more 

vigilant. 

FAA Response: The fact that time has 

passed since the terrorist attacks of 

September 11, does not mean the FAA 

can afford to relax its security measures. 

The FAA agrees with the commenter 

that a vigilant citizenry is important to 

prevent acts of terrorism. However, the 

FAA will continue to examine and 

implement security measures, with the 

advice of the TSA, to carry out all 

reasonable measures to ensure the 

security of the aviation system in the 

United States. 

Comment: One commenter calls the 

final rule an invasion of privacy because 

it contradicts a long-standing policy that 

the U.S. government will not require 

private citizens to carry identification.

FAA Response: This rule does not 

constitute an invasion of privacy. This 

rule only applies to those individuals 

who seek to exercise the privileges of a 

pilot certificate, that privilege now 

includes the obligation to identify 

oneself for security purposes. 

Comment: A pilot commented that 

immediate adoption of the rule was not 

justified. This individual believes that 

because the threat level designated by 

the Department of Homeland Security 

was lowered to ‘‘Elevated’’ and there 

have been no further terrorist attacks on 

the U.S., aviation related or otherwise, 

since September 11, 2001, the public 

should have been given notice and the 

opportunity to comment before final 

action was taken. This commenter 

believes that for purposes of the notice 

and comment requirements of the 

Administrative Procedures Act (APA) 

the FAA’s partial adoption of the AOPA 

petition circumvented the rulemaking 

process. 

FAA Response: Federal agencies are 

allowed to issue final rules without 

comment under section 553 of the APA 

when a comment period is ‘‘impractical 

or contrary to public interest.’’ In this 

case, the FAA was responding to TSA’s 

request to issue a regulation to help 

prevent the use of aircraft in terrorist 

acts. As noted in both the NPRM and 

final rule, the FAA did not adopt the 

AOPA petition in its entirety. The TSA 

determined immediate adoption 

without notice and comment was in the 

public interest, and the FAA followed 

that determination. 

58234 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

Comment: Several individuals 

commented that their state does not 

include a photo as part of the driver’s 

license. One individual commented that 

he has no identification that includes a 

photo. 

FAA Response: The FAA believes it is 

not difficult for pilots to obtain an 

identification card that will meet the 

requirements of this rule. If a pilot is not 

eligible for one of the acceptable 

methods of identification permitted by 

the rule, the pilot may submit a request 

for an exemption pursuant to 14 CFR 

11.63. 

Comment: Another individual 

commented that the cost of the new rule 

is not necessarily minimal. The 

commenter stated that if each of the 

existing 600,000 pilots in the United 

States had to purchase some form of 

government identification, estimated at 

$17.00 per pilot, the cost of the rule 

would be $10,200,000. 

FAA Response: The FAA believes that 

the vast majority of pilots will have 

government identification cards that 

meet the requirements of this rule. The 

FAA anticipates most pilots will have 

either a driver’s license with a picture 

or a passport. Therefore, the cost to 

pilots is anticipated to be minimal. 

Comment: One commenter asked 

whether ‘‘official passport’’ in 

61.1(a)(2)(iv) means a U.S. official 

passport or does it include official 

passports issued by foreign 

governments. 

FAA Response: The intent of ‘‘official 

passport’’ in 61.1(a)(2)(iv) was to 

include passports issued by the U.S. 

government or any travel document 

issued by a competent authority 

showing the bearer’s origin, identity and 

nationality, if any, which is valid for the 

admission of the bearer into a foreign 

country. 

Comment: Several individuals 

commented on the effect of this rule on 

foreign persons holding a U.S. pilot 

certificate. One commenter asked 

whether this rule is intended to apply 

outside the U.S. because this rule 

applies to ‘‘U.S. registered aircraft,’’

including aircraft operated outside of 

the U.S. The commenter is concerned 

that pilots operating U.S. registered 

aircraft outside the U.S. will only be 

able to comply with this rule if they 

have an official passport or another form 

of identification the Administrator 

found acceptable. 

FAA Response: Foreign pilots 

operating U.S. registered aircraft outside 

the U.S. will only have to comply with 

61.3(a)(2) when such pilots are 

executing the privileges of a U.S. airman 

certificate. If the foreign pilot is 

operating the U.S. registered aircraft 

under the authority of a certificate 

issued by a foreign country, the pilot 

does not have to comply with this rule. 

Such operations are permitted under 

61.1(a)(1), where the pilot is operating 

the aircraft under the authority of a pilot 

certificate issued by the country in 

which the aircraft is being operated. If 

the foreign pilot is relying on a U.S. 

pilot certificate, the pilot must comply 

with 61.1(a)(2). 

Comment: One commenter asked 

whether a foreign pilot is subject to this 

rule when operating any aircraft in the 

U.S. 

FAA Response: This rule applies to 

pilots exercising the privileges of a U.S. 

pilot certificate. The registration or 

location of the aircraft the pilot is 

operating does not determine whether a 

pilot must comply with this rule. 

Conclusion 

After consideration of the comments 

submitted in response to the final rule, 

the FAA has determined that no further 

rulemaking action is necessary. 

Amendment 61–107 remains in effect as 

adopted.

Issued in Washington, DC on September 

20, 2004. 

Marion C. Blakey, 

Administrator.

[FR Doc. 04–21533 Filed 9–28–04; 8:45 am] 

BILLING CODE 4910–13–P