[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Rules and Regulations]
[Pages 58232-58234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21533]



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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 61



Picture Identification Requirements; Final Rule

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

[[Page 58232]]


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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.

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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

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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, fraud-
resistant, 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.

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    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]
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