1292 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 1 

engine installed on an airplane of U.S. 

registry. We also estimate that it will 

take about 7 hours per engine to comply 

with this AD. The average labor rate is 

$85 per hour. Required parts cost about 

$780,000 per engine. Based on these 

figures, we estimate the total cost of the 

AD to U.S. operators to be $780,595. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2015–27–01 General Electric Company: 

Amendment 39–18360; Docket No. 

FAA–2015–6823; Directorate Identifier 

2015–NE–38–AD. 

(a) Effective Date 

This AD is effective January 27, 2016. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to General Electric 

Company (GE) GE90–76B, –77B, –85B, –90B, 

and –94B turbofan engines with highpressure compressor (HPC) stage 8–10 spool, 

part number 1694M80G04, installed. 

(d) Unsafe Condition 

This AD was prompted by an uncontained 

failure of the HPC stage 8–10 spool, leading 

to an airplane fire. We are issuing this AD to 

prevent failure of the HPC stage 8–10 spool, 

uncontained rotor release, damage to the 

engine, and damage to the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) Perform an eddy current inspection or 

ultrasonic inspection of the stage 8 aft web 

upper face of the HPC stage 8–10 spool for 

cracks as follows: 

(i) For HPC stage 8–10 spools with serial 

number (S/N) GWNHC086 or GWNHB875, 

inspect within 150 cycles-in-service (CIS), 

after the effective date of this AD. 

(ii) For HPC stage 8–10 spools with S/N 

GWNHC154, GWNHA455, GWNHC153, or 

GWNHB516, inspect within 300 CIS, after the 

effective date of this AD. 

(2) Remove from service any HPC stage 8– 

10 spool that fails the inspection required by 

paragraph (e)(1) of this AD and replace the 

spool with a spool eligible for installation. 

(f) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs for this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. You may email your 

request to: ANE-AD-AMOC@faa.gov. 

(g) Related Information 

For more information about this AD, 

contact John Frost, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7756; fax: 781–238–7199; 

email: john.frost@faa.gov. 

(h) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

December 21, 2015. 

Colleen M. D’Alessandro, 

Directorate Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–33075 Filed 1–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61 and 183 

[Docket No.: FAA–2010–1127; Amdt. Nos. 

61–135 and 183–15] 

RIN 2120–AJ42 

Student Pilot Application 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action requires 

applicants to apply for a student pilot 

certificate through a Flight Standards 

District Office, designated pilot 

examiner, airman certification 

representative associated with a pilot 

school, or certified flight instructor. 

Aviation Medical Examiners will no 

longer issue a combination medical 

certificate and student pilot certificate. 

Student pilot certificates will be issued 

on the same medium as other pilot 

certificates and will have no expiration 

date. All student pilot certificates issued 

before the effective date of this final rule 

will expire according to their terms 

unless they are replaced by another 

pilot certificate. This final rule responds 

to section 4012 of the Intelligence 

Reform and Terrorism Prevention Act 

and facilitates security vetting by the 

Transportation Security Administration 

of student pilot applicants prior to 

certificate issuance. This action 

withdraws the proposal for pilot 

certificates to include a photograph of 

the individual pilot. Section 321 of the 

FAA Modernization and Reform Act of 

2012 supersedes section 4022 of the 

Intelligence Reform and Terrorism 

Prevention Act, which provided the 


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basis for the proposed rule. The FAA 

intends to publish in the future a 

proposed rule that would implement 

section 321. Additionally, this action 

withdraws the proposal to implement 

fees for pilot certificates. 

DATES: This rule is effective April 1, 

2016. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How to Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Trey 

McClure, Airmen Certification and 

Training Branch, AFS–810, Flight 

Standards Service, Federal Aviation 

Administration, 55 M Street SE., 8th 

Floor, Washington, DC 20003; telephone 

(202) 267–1100; email trey.mcclure@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose of Action 

B. Student Pilot Application Requirements: 

Summary of Current, Proposed, and 

Finalized Provisions 

C. Costs and Benefits of the Final Rule 

II. Authority for This Rulemaking 

III. Background 

A. Congressional Mandate 

B. Related Actions 

C. Summary of the NPRM 

D. General Overview of Comments 

E. Summary of Final Rule 

IV. Discussion of Public Comments and Final 

Rule 

A. Photo on Pilot Certificates 

B. Application Process for Pilot Certificates 

With Photo Other Than Student Pilot 

Certificates 

C. Requiring Student Pilots To Obtain a 

Plastic Pilot Certificate 

D. Duration of Photo on Pilot Certificate 

E. Fees for Issuing Pilot Certificates With 

Photo 

F. Implementation Process 

G. Regulatory Evaluation 

H. Miscellaneous Comments 

1. Redesigning Pilot Certificate 

2. Proposed § 61.3—Requirements for 

Certificates, Ratings, and Authorizations 

V. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

B. Regulatory Flexibility Determination 

C. International Trade Impact Assessment 

D. Unfunded Mandates Assessment 

E. Paperwork Reduction Act 

F. Privacy Impact Assessment 

G. International Compatibility and 

Cooperation 

H. Environmental Analysis 

VI. Executive Order Determinations 

A. Executive Order 12866 

B. Executive Order 13132, Federalism 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

D. Executive Order 13609, Promoting 

International Regulatory Cooperation 

VII. How To Obtain Additional Information 

A. Rulemaking Documents 

B. Comments Submitted to the Docket 

C. Small Business Regulatory Enforcement 

Fairness Act 

Abbreviations Frequently Used in This 

Document 

ACR—Airman certification representative 

AME—Aviation medical examiner 

ASI—Aviation safety inspector 

AST—Aviation safety technician 

CFI—Certified flight instructor 

DPE—Designated pilot examiner 

FSDO—Flight standards district office 

IRTPA—Intelligence Reform and Terrorism 

Prevention Act 

KTC—Knowledge testing center 

NPRM—Notice of proposed rulemaking 

I. Executive Summary 

A. Purpose of Action 

As discussed in greater detail 

throughout this document, this 

rulemaking requires student pilots to 

apply for, obtain, and carry a plastic 

pilot certificate to exercise the privileges 

of the pilot certificate. Additionally, it 

modifies the process by which student 

pilots apply for a certificate. This 

rulemaking withdraws the proposals to 

require all pilots to carry a pilot 

certificate with a photo of the pilot and 

to implement a fee structure for pilot 

certificates. A comparison of current 

requirements, requirements proposed in 

the November 19, 2010 notice of 

proposed rulemaking (NPRM) (75 FR 

70871), and new requirements adopted 

by this final rule are included in the 

following table. 

B. Student Pilot Application 

Requirements: Summary of Current, 

Proposed, and Finalized Provisions 

Scenario Current regulations 2010 NPRM Final rule requirements 

Digital Photos on all Pilot Certificates.• No photo on pilot certificate .....

• Pilot must have photo identification on the person and in 

the physical possession or 

readily accessible in the aircraft 

when exercising the privileges 

of the pilot certificate or authorization.

• Photo on pilot certificate ...........

• Pilot must carry pilot certificate 

with photo according to proposed implementation schedule.

• No change from current regulations. 

Application and Certificate Issuance • A student pilot typically obtains 

a combination medical certificate and student pilot certificate 

from an aviation medical examiner (AME).

• A student pilot applicant may 

obtain a student pilot certificate 

from an aviation safety inspector (ASI) or aviation safety 

technician (AST) located at a 

Flight Standards District Office 

(FSDO) throughout the country.

• A student pilot applicant may 

obtain a student pilot certificate 

from a designated pilot examiner (DPE).

• A student pilot applicant would 

not be issued a student pilot 

certificate at the time of application.

• A student pilot must obtain a 

student pilot certificate that is 

issued by the Civil Aviation 

Registry prior to exercising the 

privileges of the student pilot 

certificate.

• An AME would not issue a 

combination medical certificate 

and student pilot certificate or 

accept an application for a student pilot certificate.

• A student pilot applicant could 

apply in person with an ASI or 

AST at a FSDO.

• A student pilot applicant could 

apply in person with a DPE.

• A student pilot applicant would 

not be issued a student pilot 

certificate at the time of application. 

• A student pilot must obtain a 

student pilot certificate that is 

issued by the Civil Aviation 

Registry prior to exercising the 

privileges of the student pilot 

certificate. 

• An AME would not issue a 

combination medical certificate 

and student pilot certificate or 

accept an application for a student pilot certificate. 

• A student pilot applicant could 

apply in person with an ASI or 

AST at a FSDO. 


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1As discussed later in this document, an 

authorized individual is an ASI or AST at a FSDO, 

a DPE, an ACR associated with a part 141 pilot 

school, or a CFI who may accept a student pilot 

certificate application and verify the applicant’s 

identity. 

Scenario Current regulations 2010 NPRM Final rule requirements 

• A student pilot applicant could 

apply in person at a Knowledge 

Testing Center (KTC).

• A student pilot applicant could 

apply in person with a DPE. 

• A student pilot applicant may 

apply in person at with an airman certification representative 

(ACR) associated with a part 

141 pilot school. 

• A student pilot applicant may 

apply in person with a certified 

flight instructor (CFI). 

Implementation Schedule ................ • None previously required. Proposals were based upon the 

implementation of digital photos 

on all pilot certificates.

• A 5-year phased implementation schedule that included a 

‘‘trigger-based’’ approach to 

issue pilot certificates with 

photos to people interacting 

with the FAA and a ‘‘non-trigger 

based’’ approach that required 

pilots to obtain a pilot certificate 

with a photo during a 3-, 4-, or 

5-year period depending on the 

type of certificate.

• An effective date of the first 

day of the calendar month following 60 days from the date of 

publication in the Federal Register.

• An effective date of 180 days 

from the date of publication in 

the Federal Register. 

• Current student pilot certificate 

holders may continue exercising the privileges of the student pilot certificate until the 

certificate expires according to 

its current terms. 

• The FAA will charge a $2 fee 

for replacement of a pilot certificate including a student pilot 

certificate which is consistent 

with existing § 187.5. 

Fees ................................................ • The FAA charges a $2 fee for 

replacement, duplicate, or facsimile of a pilot certificate.

• The FAA would charge $22 for 

initial issuance or renewal of a 

pilot certificate.

Expiration date ................................ • The student pilot certificate is 

valid for a period of 24 or 60 

calendar months after the date 

of issuance, depending on the 

age of the student pilot.

• The student pilot certificate 

would have no expiration date, 

although the photo would need 

to be updated every 8 years to 

continue exercising privileges 

of the student pilot certificate.

• The student pilot certificate has 

no expiration date. 

Student Pilot Endorsements ........... • Flight Instructor endorses the 

student pilot certificate and the 

student’s logbook.

• Flight Instructor would endorse 

the student’s logbook.

• Flight Instructor endorses the 

student’s logbook. 

C. Costs and Benefits of the Final Rule 

The FAA estimates that the total costs 

for the final rule will be from $17 to 

$20.9 million over a ten-year period 

(2015–2024), which has a present value 

of $12.2 to $14.9 million using a 7 

percent discount rate and has a present 

value of $14.7 to $18 million using a 3 

percent discount rate. 

Total costs to student pilots, 

including the time to complete and 

process paperwork, will be from $7.1 to 

$11 million during the next ten years, 

which has a present value of $5 to $7.7 

million using a 7 percent discount rate 

and has a present value of $6.1 to $9.4 

million using a 3 percent discount rate. 

The FAA, in turn, will incur total 

unreimbursed costs of about $9.8 

million to process the information, 

which has a present value of about $7.1 

million using a 7 percent discount rate 

and has a present value of $8.5 million 

using a 3 percent discount rate. 

Some authorized individuals 1 will 

incur about $70,000 over the next 10 

years in mailing expenses to send 

student pilot applications to FAA’s Civil 

Aviation Registry, which has a present 

value of about $50,000 using a 7 percent 

discount rate and has a present value of 

$60,000 using a 3 percent discount rate. 

This rulemaking facilitates security 

vetting of all pilot certificate applicants 

before the FAA issues a pilot certificate. 

The FAA notes that following the 

direction of Congress provides a 

sufficient reasoned determination to 

justify the costs. These potential 

benefits are not quantifiable. The 

following table provides a summary of 

the cost-benefit analysis. 

TABLE OF COSTS AND BENEFITS OF THE FINAL RULE

[2015–2024] 

Affected group 

Total cost Present value 

Lower Upper 

7 Percent 3 Percent 

Lower Upper Lower Upper 

(Millions, 2014 $) 

Student Pilots ........................................... $7.1 $11.0 $5.0 $7.7 $6.1 $9.4 


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2Public Law 108–458, 118 Stat. 3638 (Dec. 17, 

2004) (codified at 49 U.S.C. 44903(j)(2)(D)). 

3 49 U.S.C. 44903(j)(2)(D). 

4Public Law 112–95, 126 Stat. 11 (Feb. 14, 2012). 

5Public Law 100–690, 102 Stat. 4181 (Nov. 18, 

1988). 

6See sections 7203(a) and 7205(a), Public Law 

100–690. 

7 70 FR 72403 (Dec. 5, 2005). 

8 72 FR 489. 

TABLE OF COSTS AND BENEFITS OF THE FINAL RULE—Continued 

[2015–2024] 

Affected group 

Total cost Present value 

Lower Upper 

7 Percent 3 Percent 

Lower Upper Lower Upper 

(Millions, 2014 $) 

FAA .......................................................... $9.8 $7.1 $8.5 

Authorized Individuals .............................. $0.07 $0.05 $0.06 

Total .................................................. $17.0 $20.9 $12.2 $14.9 $14.7 $18.0 

Total benefits PV benefits 

Total Social Benefit ........................................... Not quantifiable 

Note: The sum of individual items 

may not equal totals due to rounding. 

II. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

Under Subtitle VII, Part A, Subpart iii, 

Section 44703(b)(1)(C), the FAA may 

define the terms of an airman certificate 

that the FAA Administrator finds 

necessary to ensure safety in air 

commerce. Additionally, Subtitle VII, 

Part A, Subpart iii, Section 44703(g)(1) 

permits modifications to the airman 

certification system to make it more 

efficient in serving the needs of those 

enforcing laws related to combating acts 

of terrorism by ensuring verifiable 

identification of individuals applying 

for airman certificates. In Section 

4012(a)(1) of the Intelligence Reform 

and Terrorism Prevention Act (IRTPA),2

Congress required the Transportation 

Security Administration (TSA), in 

coordination with the FAA, to vet 

individuals against the terrorist watch 

lists prior to FAA certificate issuance. 

This rulemaking is within the scope 

of that authority because it facilitates 

security vetting of all pilot certificate 

applicants before the FAA issues a pilot 

certificate. 

III. Background 

A. Congressional Mandate 

On December 17, 2004, the President 

signed IRTPA. Section 4022 of that law 

requires the FAA to issue improved 

pilot certificates that (1) are resistant to 

tampering, altering, or counterfeiting; 

(2) include a photograph of the 

individual to whom the certificate is 

issued; and (3) are capable of 

accommodating a digital photograph, a 

biometric identifier, or any other unique 

identifier the FAA Administrator 

considers necessary. The law also 

allows the Administrator to use 

designees to carry out this mandate. 

IRTPA also amended Title 49 of the 

United States Code by requiring TSA, in 

coordination with the FAA, to screen 

individuals ‘‘against all appropriate 

records in the consolidated and 

integrated terrorist watchlist maintained 

by the Government before being 

certificated by the FAA.’’ 3

On February 14, 2012, the President 

signed the FAA Modernization and 

Reform Act of 2012.4 Section 321 of that 

law directs the FAA to issue improved 

pilot certificates consistent with certain 

requirements. The improved pilot 

certificates must be compliant with 

Federal Information Processing 

Standards–201 (FIPS–201) or Personal 

Identity Verification—Interoperability 

Standards (PIV–I) for processing 

through security checkpoints into 

airport sterile areas. The certificates 

must be resistant to tampering, 

alteration, and counterfeiting; must 

include a photograph of the individual 

to whom the certificate is issued for 

identification purposes; and must be a 

smart card, which is able to 

accommodate iris and fingerprint 

biometric identifiers. Additionally, 

section 122 of that Act directs the FAA 

to establish and collect fees for certain 

airman certification and aircraft 

registration activities to recover the cost 

of providing those services. 

Sections 321 and 122 supersede the 

authority under which the FAA 

published the NPRM proposing to 

implement the requirements of IRTPA. 

Accordingly, the FAA withdraws the 

portions of the proposal that address 

photographs and fees for certificate 

issuance. The FAA has initiated other 

rulemakings to address the requirements 

stemming from sections 321 (RIN 2120– 

AK33) and 122 (RIN–2120–AK37). The 

FAA is issuing this final rule to address 

the requirements in section 4012 of 

IRTPA to ensure vetting of all student 

pilots prior to certificate issuance. 

B. Related Actions 

The Federal Aviation Administration 

Drug Enforcement Assistance Act of 

1988 (‘‘DEA Act’’),5 identified 

deficiencies in the FAA’s aircraft 

registration and pilot certification 

systems.6 The FAA published an NPRM 

to address the deficiencies but withdrew 

the NPRM after determining that 

technological improvements could 

accomplish most requirements of the 

DEA Act.7 As part of the technological 

improvements, the FAA discontinued 

issuing paper pilot certificates and 

began issuing plastic pilot certificates in 

2003. The plastic certificates are made 

of high quality plastic card stock and 

contain such tamper- and counterfeitresistant features as micro printing, a 

hologram, and a UV-sensitive layer as 

well as a magnetic strip that contains a 

unique identifier. 

On January 5, 2007, the FAA 

published the Drug Enforcement 

Assistance NPRM.8 That NPRM 

proposed changes to the airman 

certification and aircraft registration 

requirements to comply with the 


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9 73 FR 10662. 

10 75 FR 70871. 

mandates of the DEA Act that could not 

be completed without rulemaking. 

Among other requirements, the NPRM 

proposed requiring holders of pilot 

certificates and other airmen certificates 

to hold a plastic certificate to exercise 

the privileges of that certificate. 

On February 28, 2008, the FAA 

published the Drug Enforcement 

Assistance final rule (‘‘the DEA final 

rule’’).9 In that rule, the FAA required 

all pilots, except student pilots, to 

obtain a plastic certificate by March 31, 

2010. After that date, pilots without 

plastic certificates could not exercise 

the privileges of their certificates. The 

DEA final rule also satisfied the IRTPA 

requirement to issue pilot certificates 

that are resistant to tampering, altering, 

and counterfeiting. 

C. Summary of the NPRM 

On November 19, 2010, the FAA 

published an NPRM titled ‘‘Photo 

Requirements for Pilot Certificates.’’ 10

The NPRM proposed to further fulfill 

the requirements of section 4022 of the 

IRTPA by requiring a photo of the pilot 

on all plastic pilot certificates, including 

student pilot certificates. The FAA also 

proposed a $22 fee to process an 

application for: (1) Exchanging an 

existing certificate without a photo for 

a certificate with photo; (2) issuing a 

new pilot certificate or student pilot 

certificate; and (3) replacing a pilot 

certificate with photo whenever a 

replacement certificate is requested by a 

pilot or required by regulation. The FAA 

proposed that pilots be required to 

update their photo every 8 years. 

The FAA proposed to begin issuing a 

pilot certificate with photo to applicants 

for a new pilot certificate once the rule 

became effective. To minimize the 

burden of reissuance on existing 

certificate holders, the FAA proposed a 

5-year implementation period. During 

the implementation period, the FAA 

proposed that pilots be required to 

exchange their non-photo pilot 

certificates for pilot certificates with 

photo when they interacted with the 

FAA. These ‘‘triggering events’’ 

included activities such as upgrading a 

certificate, obtaining or renewing a 

flight instructor certificate, or replacing 

a pilot certificate due to change of name, 

citizenship, date of birth, or change of 

gender. For pilots who would not 

otherwise have a need to interact with 

the FAA during the implementation 

period, the FAA proposed a phased 

approach, with different compliance 

dates for different categories of pilots. 

The NPRM also described the 

proposed process for submitting an 

application for a pilot certificate with 

photo. To receive their initial pilot 

certificates with photo, the FAA 

proposed that all pilots appear in person 

to have their identities verified. The 

FAA proposed allowing FSDOs or other 

approved FAA designees such as DPEs 

or KTCs to accept the applications and 

verify pilots’ identities. Pilots would 

still be able to replace lost or destroyed 

certificates with or without photo by 

mail or via the Airman Certification 

Branch’s Web page on the FAA Web 

site. 

The proposed rule applied to all 

pilots, including student pilots. The 

FAA proposed that student pilots obtain 

a plastic certificate with photo instead 

of a paper certificate. The plastic pilot 

certificate with photo would not have 

an expiration date. However, the FAA 

proposed that certificate holders be 

required to submit a new photo every 8 

years. Because the student pilot 

certificate would be plastic and contain 

a photo, the FAA proposed that AMEs 

no longer issue student pilot certificates 

or combination medical certificates and 

student pilot certificates. Students 

would continue to receive their medical 

certificates from AMEs but would go to 

a FSDO, DPE, KTC, or other approved 

FAA designee to apply for a student 

pilot certificate with photo. 

Additionally, because the new student 

pilot certificates would be plastic, the 

FAA proposed that flight instructors 

endorse only students’ logbooks. 

D. General Overview of Comments 

The FAA received approximately 470 

comments to the NPRM. Most were from 

individual pilots. In addition, the 

agency received comments from 

Transport Canada, the Society of 

Aviation and Flight Educators (SAFE), 

the National Association of Flight 

Instructors (NAFI), the Air Line Pilots 

Association (ALPA), the Helicopter 

Association International (HAI), the 

Aircraft Owners and Pilots Association 

(AOPA), the Experimental Aircraft 

Association (EAA), the National Air 

Transportation Association (NATA), 

and the United States Pilots Association 

(USPA). Most of the commenters 

opposed the concept of adding a photo 

to the pilot certificate, as well as the 

proposal to require student pilots to 

have a certificate with a photo. 

Commenters also suggested changes to 

the proposals, which are discussed more 

fully later in this document. 

The FAA received comments on the 

following general areas of the proposal: 

• Requirement of a photo on pilot 

certificates. 

• Fees for obtaining new, 

replacement, or renewed a pilot 

certificate with photo. 

• Inclusion of students in the 

requirement to have certificates with 

photo. 

• Duration of the photo on the 

certificate. 

• Application process for new, 

replacement, or renewed pilot 

certificates with photo. 

• Implementation process using 

‘‘trigger’’ events and phased deadlines. 

• Regulatory evaluation. 

• Lack of security benefits by adding 

a photograph. 

E. Summary of Final Rule 

This rule adopts the proposal to 

require student pilots to carry a plastic 

certificate and apply in person for a 

student pilot certificate at a FSDO, 

through a DPE, with an ACR associated 

with a part 141 pilot school, or with a 

CFI. This rule withdraws the remaining 

proposals. 

Student pilots will receive plastic 

student pilot certificates instead of a 

paper student pilot certificate or 

combination medical certificate and 

student pilot certificate. The cost to 

replace a student pilot certificate will be 

$2, the same as other certificates. This 

current nominal fee defrays part of the 

Registry’s cost of replacing the pilot 

certificate. The plastic certificates will 

not expire, which will give the student 

unlimited time to complete training 

without having to apply for another 

student pilot certificate. 

AMEs no longer will issue a 

combination medical certificate and 

student pilot certificate or accept an 

application for a student pilot 

certificate. An applicant must appear in 

person to apply for a student pilot 

certificate at a FSDO, through a DPE, 

with an ACR associated with a part 141 

pilot school, or with a CFI. The Civil 

Aviation Registry will send a plastic 

student pilot certificate to the applicant 

after successful completion of security 

vetting by TSA. Receipt of a student 

pilot certificate is required prior to 

exercising the privileges of a student 

pilot certificate (i.e., prior to solo flight). 

Finally, because the student pilot 

certificate will be plastic, flight 

instructors will endorse only students’ 

logbooks instead of their certificates and 

logbooks. After April 1, 2016, CFIs no 

longer must endorse a student pilot 

certificate regardless of certificate 

media. Thus, all endorsements for 

student pilots will be placed in the 

logbook. The validity period of a CFI’s 

endorsement for a student pilot will 

remain unchanged at 90 days. 


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11Regardless of whether the student pilot is 

issued a student pilot certificate or combination 

medical certificate and student pilot certificate, the 

student pilot certificate expires under a calculation 

from the medical certificate examination date 

according to the requirements of § 61.19(b), which 

is either 24 or 60 calendar months from the date of 

the medical examination, depending on the age of 

the pilot. 

Student pilots who have been issued 

a paper student pilot certificate or 

combination medical certificate and 

student pilot certificate may continue to 

use their paper certificate. These 

currently-issued student pilot 

certificates will expire according to the 

requirements of § 61.19(b).11 Holders of 

a paper student pilot certificate (FAA 

form 8710–2 or FAA Form 8420–2 

Medical Certificate and Student Pilot 

Certificate) may request from the Civil 

Aviation Registry a replacement 

(plastic) student pilot certificate that 

does not expire for a $2 fee, which is the 

current charge for a replacement. 

IV. Discussion of Public Comments and 

Final Rule 

A. Photo on Pilot Certificates 

In the NPRM, the FAA proposed to 

include a photo of the individual pilot 

on all pilot certificates to comply with 

section 4022 of IRTPA. 

A total of 382 comments specifically 

addressed the issue of adding a photo to 

pilot certificates. Of these commenters, 

only 47 commenters supported the idea. 

Most of the supportive commenters 

stated that the proposal would ensure 

the certificate holder is who he or she 

claims to be and make certificates more 

difficult to forge. A few believed the 

addition of a photo would make the 

pilot certificate appear more 

‘‘professional.’’ The remainder 

expressed support for adding a photo 

without providing a reason. NAFI and 

NATA were among the supporters of 

adding a photo to the pilot certificate, 

but they expressed concern over some of 

the other proposals in the NPRM and 

suggested some changes. An additional 

four commenters, including EAA, 

supported the idea of a photo on the 

pilot certificate only if compliance was 

voluntary. Three commenters suggested 

also adding a photo to other certificates, 

such as mechanic and repairman 

certificates. 

A total of 335 commenters, including 

USPA, opposed the proposal to add a 

photo to the pilot certificate. Most of 

these commenters stated the current 

requirement to carry a form of 

government-issued photo identification 

in addition to the pilot certificate was 

simple, adequate, and should be 

continued. Many claimed the proposal 

would do nothing to increase security or 

safety, because certificates could still be 

forged, and a determined terrorist would 

not be deterred. Others stated that a 

photo on a certificate would not 

increase security because pilots were 

seldom, if ever, asked to present a pilot 

certificate before flying. Additionally, 

10 commenters, including SAFE, NAFI, 

and AOPA, stated that the proposal 

would not effectively increase security 

or meet the requirements of IRTPA 

because the certificate would lack a 

biometric other than a photo. 

Thirty-one commenters proposed 

exemptions for certain categories of 

non-student pilots, such as flight 

instructors, sport pilots, and any 

already-certificated pilots. These 

commenters included SAFE, NAFI, HAI, 

and AOPA, who all called for exempting 

flight instructor certificates because 

those certificates must be renewed every 

2 years. The commenters also stated that 

requiring instructors to pay the 

proposed certificate renewal fee more 

frequently than other pilots would 

impose an unfair burden on this pilot 

population. Additionally, because flight 

instructor certificates are not valid 

without an underlying pilot certificate, 

these organizations believed requiring a 

photo on the flight instructor certificates 

would be redundant. ALPA requested 

an exemption for part 121 and 135 

pilots, stating that extensive background 

checks and TSA-issued credentials 

mean these pilots are less of a security 

threat than other pilots. 

Eleven commenters, including SAFE, 

supported pilot certificates with photo 

only if the new certificate provided 

additional benefits, such as allowing 

access through TSA checkpoints or 

replacing airport-specific badges. Many 

of these commenters stated that pilots 

would be unwilling to pay a fee for the 

certificate with photo unless they saw a 

substantial personal benefit, such as 

allowing unescorted access to airports 

or faster checkpoint clearance. SAFE 

commented that if the FAA were to 

modify the pilot certificate in a manner 

that would be compliant with TSA 

security requirements, such as adding 

‘‘smart card’’ or biometric features, the 

pilot certificate might be able to replace 

the airport-specific badges pilots 

currently must carry. Carrying one card 

instead of several would reduce the 

burden on pilots. 

As discussed earlier, sections 321 and 

122 of Public Law 112–95, which was 

enacted while this rulemaking was 

pending, supersedes section 4022 of 

IRTPA. Accordingly, the FAA 

withdraws the proposals to include a 

photo of the pilot on the pilot certificate 

and the proposed $22 pilot certificate 

fee. The FAA has initiated other 

rulemakings to address sections 321 and 

122. 

B. Application Process for Pilot 

Certificates With Photo Other Than 

Student Pilot Certificates 

Currently, pilots must appear in 

person in order to upgrade a certificate 

or to add a rating. Additionally, a pilot 

who wants to change any vital 

information on the certificate must also 

appear in person. The FAA requires 

pilots to appear in person before an 

FAA ASI, AST, or an approved designee 

in these instances because they involve 

identity verification; an examination of 

skills or knowledge; verification of 

records; or a combination of these 

requirements. If a pilot certificate is lost 

or destroyed, the pilot may apply for a 

replacement online or by mail under 

current rules. 

In the NPRM, the FAA proposed that 

pilots must appear in person for the 

purpose of identity verification in the 

following circumstances: when applying 

for a non-student pilot certificate with 

photo for the first time; when changing 

vital information on the certificate (such 

as name, date of birth, citizenship, or 

gender); and when upgrading a 

certificate or adding a rating. For these 

in-person applications, the FAA 

proposed that a pilot must appear at a 

FSDO or an FAA designee. Applicants 

would also need to provide a photo as 

part of the application process. For a 

replacement of a lost or destroyed pilot 

certificate, a pilot could submit an 

application in person, through the mail, 

or online. 

Two commenters stated that the 

proposed non-student pilot certificate 

application process was adequate and 

would not impose a burden on pilots. 

Twenty-seven commenters stated that 

the proposed application process was 

too burdensome for pilots. They claimed 

that the hours of operation for FSDOs 

are inconvenient for most people, and 

that scheduling an appointment is 

difficult. They also asserted that many 

pilots live far away from FSDOs or FAA 

designees. Commenters contended the 

travel distance, fuel costs, time away 

from work, and possible hotel room 

costs incurred while traveling to a FSDO 

or approved FAA designee would put a 

financial strain on pilots. Additionally, 

commenters claimed that allowing DPEs 

to charge an unspecified fee for 

accepting applications would further 

increase the financial cost to pilots. 

Other commenters noted the difficulty 

of finding an FAA designee in foreign 

countries. 

Sixty-eight commenters suggested 

improvements to the proposed 

application process. Of these 


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commenters, 23 suggested using State 

Department of Motor Vehicle (DMV) 

offices in some way, since those offices 

have experience producing 

identifications with photos and most 

pilots already use DMVs to obtain 

driver’s licenses. For instance, 

commenters suggested the FAA could 

designate DMVs as portals for accepting 

pilot certificate applications, or even 

authorize DMVs to issue pilot 

certificates. Some believed the FAA 

should access DMVs’ databases and use 

those photos on pilot certificates, thus 

eliminating the need for pilots to 

provide an additional photo for their 

pilot certificates. 

The second most common suggestion 

was for the FAA to make the pilot 

certificate application process webbased. Twenty commenters stated that it 

would be more convenient and less 

costly for pilots to submit applications 

and photos through a web-based system, 

such as the FAA’s Integrated Airman 

Certification and/or Rating Application 

(IACRA). They said that submitting 

applications online would save time for 

pilots, especially those pilots living in 

rural areas. Some commenters stated 

that even if the FAA still required inperson application submissions in some 

instances, electronic submissions would 

at least be easier for the FSDO or FAA 

designee to handle than paper 

submissions. Electronic submissions 

would also reach the FAA faster than 

paper submissions, reducing delays in 

processing applications and issuing 

certificates. SAFE, NAFI, and HAI 

supported this idea. 

Sixteen commenters suggested the 

FAA authorize the U.S. Postal Service to 

accept pilot certificate applications and 

photos and to verify the identity of the 

applicant, similar to the way many post 

offices accept passport applications. The 

commenters noted that most pilots live 

closer to a post office than to a FSDO 

or pilot school. The commenters also 

noted the hours of operation for post 

offices are often more convenient. 

Another suggestion from seven 

commenters was to work in conjunction 

with the U.S. State Department because 

of its experience issuing passports with 

photos. These commenters stated that 

pilots who already have U.S. passports 

could save time and money if the FAA 

had a method of accessing the passport 

photo database and adding those photos 

to pilot certificates. Since the FAA’s 

proposal for photo requirements is 

identical to the requirements for 

passport photos, the commenters 

believed the photos in the passport 

database should be adequate for use on 

pilot certificates. 

Several commenters suggested 

increasing the types of persons the FAA 

could use as designees to accept 

applications and verify identities. 

Among the persons suggested as 

additional FAA designees were ACRs, 

flight instructors, and carrier personnel 

such as check airmen and directors of 

training and operations. The 

commenters believed that authorizing 

more persons to accept applications and 

verify identities would make the 

application process more convenient for 

pilots. 

Finally, a few commenters, including 

EAA, suggested that the FAA accept 

pilot certificate applications and photos 

at major aviation events such as 

AirVenture Oshkosh and Sun ‘n Fun. 

They stated that since the FAA usually 

sends representatives to such events, it 

would be logical to allow those 

representatives to accept applications 

and photos and verify identities. It 

would also be convenient for pilots who 

live far from a FSDO or other designated 

portal, but who regularly attend these 

events. 

As stated earlier, the FAA withdraws 

the proposal to issue pilot certificates 

with a photo. The FAA will consider the 

additional suggestions as it develops an 

NPRM for Pilot Certificate with 

Photograph and Biometric Information 

(RIN 2120–AK33). 

C. Requiring Student Pilots To Obtain a 

Plastic Pilot Certificate 

Under current regulations, student 

pilots hold paper certificates. Paper 

student pilot certificates are valid for 

either 24 or 60 calendar months, 

depending on the age of the student 

pilot at the time of issuance. 

In the NPRM, the FAA proposed to 

treat student pilots like other pilots and 

require them to obtain a plastic student 

pilot certificate with a photo. The FAA 

proposed that the new student pilot 

certificate would not have an expiration 

date. However, the student pilot would 

have to renew the photo every 8 years 

in order to continue exercising the 

privileges of the student pilot certificate. 

The FAA proposed that only the FAA 

Civil Aviation Registry would issue 

pilot certificates with a photo. DPEs and 

AMEs would no longer issue student 

pilot certificates. DPEs, however, would 

be able to accept applications for 

student pilot certificates with photo. 

Additionally, the FAA proposed that 

because new student pilot certificates 

would be plastic, flight instructors 

would endorse only student pilot 

logbooks instead of student pilot 

certificates and logbooks. 

This final rule will require persons to 

apply for a student pilot certificate at a 

FSDO, through a DPE, with an ACR 

associated with a part 141 pilot school, 

or with a CFI. The applicant must 

receive a plastic student pilot certificate 

from the Civil Aviation Registry prior to 

exercising the privileges of a student 

pilot certificate (i.e., conducting a solo 

flight). However, the FAA will allow 

current student pilot certificate holders 

to continue exercising privileges of their 

student pilot certificate until the 

certificate expires according to 

§ 61.19(b). In other words, this final rule 

does not require the holder of a paper 

student pilot certificate to surrender that 

certificate and replace it with a plastic 

student pilot certificate. Student pilot 

applicants will no longer be able to 

obtain paper student pilot certificates at 

the time of application. This final rule 

eliminates the need for FAA Form 

8710–2, the Student Pilot Certificate. As 

discussed earlier, the FAA withdraws 

the portion of this proposal related to 

including a photo of the pilot on the 

pilot certificate, as well as the 

requirement that the photo be renewed 

every 8 years. 

Numerous commenters questioned 

the proposed application process for a 

student pilot certificate, as discussed 

earlier with respect to all pilot 

certificates. An individual commenter 

suggested that CFIs could verify a 

student pilot applicant’s photograph 

identification and enter the data into 

IACRA for transmittal to the Civil 

Aviation Registry. Permitting CFIs to 

accept applications for student pilot 

certificates would reduce the burden on 

applicants. 

In light of the comments, and because 

of the narrower scope of this final rule, 

the FAA has reconsidered who may 

accept an application. 

As proposed, AMEs will not issue a 

combination medical certificate and 

student pilot certificate at the time of a 

medical examination nor accept an 

application for a student pilot 

certificate. Accordingly, § 183.21 is 

amended to remove the privilege for 

AMEs to issue student pilot certificates. 

Though not proposed, the FAA has 

concluded that permitting CFIs to 

accept a student pilot application 

significantly reduces the travel burden 

associated with a student pilot 

certificate application. A person 

applying for a student pilot certificate 

would engage and visit a CFI to conduct 

flight training, and an applicant could 

complete the application during any 

flight training session. Additionally, 

TSA regulations currently require CFIs 

to verify a student pilot’s identity under 

49 CFR 1552.3(h)(1). That section 


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12TSA defines a flight school as any pilot school, 

flight training center, air carrier training facility, or 

flight instructor certificated under 14 CFR parts 61, 

121, 135, 141, or 142. 49 CFR 1552.1(b). 

requires a flight school 12 to endorse a 

pilot logbook verifying that the student 

is a U.S. citizen and presented 

identification prior to flight training, 

which likely would be the same time 

that a person would apply for a student 

pilot certificate. Accordingly, the 

privileges of a CFI under §§ 61.193 and 

61.413 have been amended by this final 

rule to allow CFIs to accept a student 

pilot application, verify the applicant 

meets the eligibility requirements in 

§ 61.83, and verify the applicant’s 

identity in accordance with TSA 

security vetting requirements as 

described in Appendix 2 of Advisory 

Circular 61–65, Certification: Pilots and 

Flight and Ground Instructors. CFIs will 

not be able to issue a student pilot 

certificate and will follow the 

application acceptance process as 

discussed in the following paragraphs. 

Additionally, an ASI or AST at a 

FSDO, a DPE, or an ACR associated with 

a part 141 pilot school will continue to 

be able to accept an application and 

verify the applicant’s identity, but they 

will not be able to issue a student pilot 

certificate. These individuals, along 

with CFIs, are referred to collectively as 

authorized individuals for the purposes 

of application acceptance in this 

discussion. 

The FAA is withdrawing the proposal 

to permit KTCs to accept an application 

due to potential added costs to equip 

and train KTC personnel and also 

because KTC personnel currently are 

not authorized to accept an application 

for an airman certificate. Withdrawing 

the portion of the NPRM that requires 

all pilots to obtain a pilot certificate 

with a photo significantly reduces the 

number of individuals affected by this 

final rule. The reduced number of 

affected applicants does not justify the 

resources necessary to designate and 

train KTCs on accepting applications. 

Furthermore, by permitting CFIs to 

accept an application for a student pilot 

certificate, applicants will have no 

additional travel burden associated with 

their student pilot certificate application 

because they already will interact with 

a CFI for flight training. 

The FAA expects that all authorized 

individuals will utilize IACRA for the 

purpose of accepting a student pilot 

application. IACRA is a Web-based 

certification/rating application that 

guides the user through the FAA’s 

application process. The FAA notes that 

IACRA currently may be used to submit 

a student pilot application and therefore 

will not require substantial 

modifications to the Web-based 

application system. However, IACRA 

will be modified so a student pilot 

certificate will not be issued at the time 

of application. 

A person who meets the eligibility 

requirements of a student pilot 

certificate may register as an applicant 

through IACRA which stores FAA form 

8710–1 electronically until an 

authorized individual accesses the form. 

FAA form 8710–1 may be accessed by 

an authorized individual by searching 

for the person’s unique FAA tracking 

number (FTN) assigned by an FAA 

internal system after the person has 

completed the required items on the 

student pilot application form. The 

authorized individual will verify that 

the applicant meets the regulatory 

eligibility requirements, and that the 

application has been completed 

properly. Additionally, the authorized 

individual will verify the applicant’s 

identity in accordance with TSA 

security vetting requirements as 

described in Appendix 2 of Advisory 

Circular 61–65 and input the 

identification data into IACRA when 

prompted. Once the authorized 

individual has completed the 

application through IACRA, it will be 

transmitted electronically to the Civil 

Aviation Registry for processing. 

All authorized individuals will have 

the ability to accept a student pilot 

application in paper format to ensure all 

applicants have uninterrupted ability to 

apply for an FAA student pilot 

certificate. The same information 

captured on the paper FAA form 8710– 

1 is captured within IACRA. However, 

once the authorized individual verifies 

that the application is complete in 

accordance with the form’s instructions 

and FAA Order 8900.1, the Flight 

Standards Information Management 

System, the individual will send the 

student pilot application to the Civil 

Aviation Registry via first-class mail. 

The FAA notes that the submittal of a 

paper FAA form 8710–1 may delay the 

issuance of a student pilot certificate 

because of mailing time. While an 

authorized individual has the ability to 

accept a paper FAA form 8710–1, the 

FAA anticipates that a majority of these 

applications will be submitted via 

IACRA. 

Once a student pilot application is 

received, the Civil Aviation Registry 

will verify compliance and the accuracy 

of the application and provide the 

applicant’s information to TSA for 

security vetting prior to certificate 

issuance. Under current FAA 

procedures, the FAA transmits a student 

pilot’s biographic information for 

security vetting to TSA after certificate 

issuance. However, under this final rule, 

the Civil Aviation Registry will issue the 

student pilot certificate only after 

receiving a successful response from 

TSA. The Civil Aviation Registry will 

mail the student pilot certificate via U.S. 

Postal Service to the address listed on 

the application. All pilots will continue 

to be vetted perpetually thereafter. 

Of the 65 commenters that addressed 

the proposal to require student pilots to 

obtain a plastic student pilot certificate 

with a photo, only two supported the 

proposal. They believed that students 

should be treated like any other pilot. 

One additional commenter stated that 

issuing student pilot certificates that do 

not expire would be an improvement 

over the current student pilot 

certificates that are only valid for 24 or 

60 months, but the commenter did not 

address any other aspects of the student 

pilot certificate proposal. 

Forty-nine commenters believed 

student pilots should be exempt from 

the requirement to have a plastic 

certificate with a photo. Most of these 

commenters, including HAI, AOPA, 

NATA, EAA, NAFI, and SAFE, 

expressed the belief that the projected 6 

to 8 week delay, as stated in the NPRM, 

in waiting for a plastic certificate with 

a photo would be a serious burden for 

student pilots, who could not fly solo 

without the certificate. Commenters 

believed that the wait time might 

discourage students from completing 

their training or from even starting 

training. The result, these commenters 

claimed, would be a negative impact on 

flight schools and flight instructors. 

Additionally, some commenters stated 

that since students are under the 

guidance and supervision of a flight 

instructor, they pose less of a security 

risk and should be exempt from the 

proposed requirements. 

The FAA will take steps to expedite 

student pilot applications in order for 

students to receive their student pilot 

certificates so they may exercise the 

privileges of the certificate as soon as 

feasible. The FAA estimates that the 

turnaround time for student pilot 

certificates can be reduced to an average 

of 3 weeks or less, provided that initial 

security vetting by TSA indicates that 

the applicant is eligible for the 

certificate. If an applicant is deemed 

ineligible by TSA on security grounds, 

he or she will be able to seek redress 

through TSA’s administrative 

procedures. 

Thirteen commenters suggested that if 

students must obtain a plastic certificate 

with a photo, they should immediately 

receive a temporary paper certificate 

(with or without a photo) that would 


tkelley on DSK3SPTVN1PROD with RULES
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13Public Law 109–12, 119 Stat. 231 (May 11, 

2005). 

allow them to fly solo while waiting to 

receive the plastic certificate with 

photo. Organizations that proposed a 

temporary student pilot certificate 

included SAFE, NAFI, and AOPA; 

although all three believed students 

should ideally be exempted from the 

requirement to hold a certificate with a 

photo. 

IRTPA required that security vetting 

of all individuals, including pilots, must 

be successfully completed by TSA 

before the FAA issues a certificate. 

Therefore, applicants for student pilot 

certificates must be vetted to receive 

their certificates and operate an aircraft 

as pilot in command. 

Seventeen commenters specifically 

addressed the proposal to remove AMEs 

from the student pilot certification 

process, including NATA, EAA, and 

SAFE. All 17 opposed the proposal. 

EAA and other commenters indicated 

that not allowing AMEs to issue student 

pilot certificates would create additional 

burdens for students, who would have 

to make a trip to another location for 

their certificate. NATA asked that the 

FAA continue the issuance and use 

policies and procedures already in place 

for paper student pilot certificates. 

Some, including SAFE, suggested that 

AMEs should at least be able to accept 

student pilot applications and photos. 

Others disagreed with the FAA’s 

assertion that requiring AMEs to verify 

a student’s identity would be a burden 

on the AME. They noted that AMEs 

already must verify an applicant’s 

identity in order to assure the students 

they are examining are who they claim 

to be. 

To address the IRTPA mandates, the 

FAA’s Civil Aviation Registry will issue 

plastic, tamper-resistant student pilot 

certificates following successful security 

vetting of the applicant. AMEs are 

required, under § 67.4, to verify the 

identity of an applicant for a medical 

certificate; however, they are not 

required to have the capability to 

produce plastic, tamper-resistant 

certificates, nor do they have the 

authority to make security vetting 

determinations about applicants. The 

FAA considered allowing student pilot 

applicants to continue to make 

application with an AME to maintain 

convenience for student pilot 

applicants. Ultimately the Agency 

determined that AMEs, who are 

physicians, should focus on the medical 

qualifications of an applicant rather 

than on airman certification activities 

that are within the expertise of other 

FAA designees. 

In addition, the advent of IACRA, an 

online application system that replaces 

paper-based systems, has significantly 

increased FAA data safeguarding, 

maintenance, and safety oversight 

responsibilities. The current 

combination student pilot and medical 

certificate, issued by AMEs, dates from 

the paper-based era and does not take 

advantage of technological advances 

that have improved the airman 

certification process. Integrating the 

data collected by an AME into the 

centralized Civil Aviation Registry 

system presents significant 

technological and administrative 

challenges. By necessity for privacy 

reasons, the IACRA system and the 

medical certification systems must be 

kept separate. The FAA’s recordkeeping 

and personal identity information 

protection would be compromised if the 

FAA’s medical application and airman 

application databases were fully 

integrated. Currently, IACRA does not 

have a role developed to allow AMEs to 

utilize the system to process a student 

pilot application, and creation of such a 

role would require training and 

oversight by a different FAA line of 

business than that which typically 

supports AMEs. This duplication of 

oversight and use of multiple systems 

by AMEs would not only increase the 

likelihood of errors but also would 

reverse the FAA’s efforts to decrease 

duplication and redundancy. 

Accordingly, the FAA has determined 

that data is better safeguarded by 

keeping medical and operational 

certification processes and oversight 

separate and distinct. Doing so 

necessitates separate medical and 

operational electronic portals to remove 

any possibility of data spillage. Keeping 

the processes and oversight separate 

also allows medical certification and 

airman certification personnel and 

designees to focus on the duties within 

their respective areas of expertise, thus 

improving regulatory compliance and 

the overall user experience. 

In addition, given the statutory 

requirement to complete security vetting 

before issuing a certificate, the AME 

process of issuing student pilot 

certificates is no longer viable. In this 

regard, the FAA realized that it would 

not be efficient to continue to issue two 

separate types of student pilot 

certificates. The most efficient option is 

to dedicate centralized Civil Aviation 

Registry resources to the certification 

process. Therefore, the Civil Aviation 

Registry will issue a student pilot 

certificate after successful completion of 

TSA security vetting based on a student 

pilot’s application which is made either 

at a FSDO, through a DPE, with an ACR 

associated with a part 141 pilot school, 

or with a CFI. 

This final rule permits CFIs (as well 

as other operational designees) to accept 

student pilot certificate applications to 

minimize burdens on those applicants. 

Streamlining the application process by 

expanding the use of CFIs and other 

operational designees, even though the 

Agency is removing AMEs, will 

maintain applicant portal options and 

allow for enhanced FAA oversight 

capability of the pilot certification 

process. In the overwhelming majority 

of circumstances, a person seeking to 

pursue pilot certification will encounter 

a CFI (or an ACR at a part 141 pilot 

school) significantly before that person 

encounters an AME. Accordingly, the 

FAA has determined this final rule 

reduces the burden on a student pilot 

applicant while also streamlining FAA 

processes. 

Because student pilot certificates now 

will be issued without an expiration 

date, the process for obtaining a 

replacement certificate if the certificate 

is lost or destroyed will be the process 

under § 61.29 as is currently in place for 

other pilot certificates. Similarly, the 

current replacement fee of $2 under 

§ 187.5 will apply. 

Finally, as proposed, the FAA is 

amending various requirements 

concerning endorsements for student 

pilots. Because the FAA will issue 

plastic student pilot certificates, 

endorsements will be made only in the 

student pilot’s logbook upon the 

effective date of this final rule regardless 

of whether a paper or plastic pilot 

certificate had been issued to the 

student at the time of issuance. In 

addition to the amendments in the 

NPRM, the FAA is amending §§ 61.415 

and 61.423 to remove the requirement to 

endorse the student pilot certificate. 

D. Duration of Photo on Pilot Certificate 

The FAA proposed to add an 

expiration date to the photo on the pilot 

certificate. The pilot would need to 

renew the photo every 8 years in order 

to continue to exercise the privileges of 

the certificate. Requiring pilots to 

update their photos would ensure that 

the photo on the certificate continued to 

resemble the pilot and to serve as an 

adequate proof of identity. The FAA’s 

proposed 8-year photo duration matches 

the requirements for drivers licenses set 

forth in the Real ID Act of 2005.13 While 

the Real ID Act did not address pilot 

certificates, the FAA viewed the 8-year 

duration as Congress’s latest expression 

on the appropriate validity for 

government identification. 


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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 1301 

14Public Law 111–117, 123 Stat. 3040 (Dec. 16, 

2009). 

Of the 49 commenters who 

specifically mentioned the proposed 

photo duration period, 9 believed that 8 

years was an acceptable timeframe. 

Among these supporters were NAFI and 

EAA. Five commenters objected to any 

photo expiration date, stating that the 

cost of having to renew the certificates 

was unacceptable. One commenter 

believed the photo should be updated 

more frequently than every 8 years, 

since an individual’s appearance can 

change dramatically in a few years. 

Thirty-four commenters believed the 

photo should have a 10-year duration, 

similar to U.S. passports. They stated 

that since the 10-year period was 

acceptable for an official government 

and internationally-recognized 

identification such as a passport, the 

same time period should be adequate for 

a pilot certificate. They also noted that 

increasing the time between required 

photo renewals would save pilots 

money over the course of a lifetime. 

Finally, some commenters favored a 10- 

year duration simply because 10 was a 

round number and easier to remember 

than 8 years. 

As stated earlier, the FAA withdraws 

the proposal to issue pilot certificates 

with a photo and will consider the issue 

in a rulemaking to address the 

requirements of section 321 of Public 

Law 112–95. Accordingly, pilot 

certificates (including student pilot 

certificates) will continue to be issued 

without an expiration date. 

E. Fees for Issuing Pilot Certificates With 

Photo 

The FAA proposed a $22 fee for all 

new, replacement, upgraded, or 

renewed pilot (including student pilot) 

certificates with photo. The fee was 

intended to recover some of the costs of 

producing the certificates. While 

production costs per certificate exceed 

this amount, $22 is the maximum 

amount the FAA was permitted to 

charge under 49 U.S.C. 45302(b)–(c), 

which provided the statutory authority 

for the NPRM. 

Of the 76 commenters that 

specifically mentioned the proposed 

$22 fee for a new, replacement, or 

renewed certificate with photo, 5 stated 

that the proposed amount was 

acceptable. 

Of the remaining 71 comments, 38 

stated that the proposed fee was too 

high but did not suggest what they 

thought would be an acceptable amount. 

Five commenters stated that the 

certificate should cost ‘‘no more than a 

driver’s license,’’ but again did not 

provide an amount. Twenty-two 

commenters stated that since the pilot 

certificate with a photo was a 

Congressional mandate, there should be 

no fee. They contended expenses should 

be funded from the FAA’s budget, from 

aviation fuel taxes, or from other fees 

pilots already pay. 

Most commenters opposed to the fee 

claimed that it would be a financial 

burden on pilots in an already stressful 

economic climate. Many claimed the fee 

would decrease the number of people 

who would become pilots, and might 

force many current pilots to quit. Others 

said the fee should be rejected because 

it was just a way for the FAA to make 

money. One commenter believed the 

FAA is prohibited from enacting a user 

fee by a restriction placed in the FAA 

appropriations bill 14 that prohibits the 

FAA from promulgating ‘‘new aviation 

user fees not specifically authorized by 

law.’’ Two others requested that the 

FAA make provisions for low-income 

pilots. 

The FAA withdraws the proposal to 

charge a fee for certificate issuance. The 

FAA notes, however, that section 122 of 

Public Law 112–95 requires the FAA to 

charge a fee to recover the costs of 

certain airman certification and aircraft 

registration services. The FAA has 

initiated a rulemaking (RIN 2120–AK37) 

to implement that requirement and will 

publish an NPRM in the future. 

F. Implementation Process 

The FAA proposed a ‘‘trigger-based’’ 

and phased implementation approach 

for issuing pilot certificates with photo. 

The ‘‘trigger-based’’ approach would 

have required any pilot interacting with 

the FAA during the implementation 

period to apply for a pilot certificate 

with photo. Such interactions would 

have included obtaining or renewing 

flight instructor certificates, applying for 

a new pilot certificate or rating, 

applying for a student pilot certificate, 

or changing vital information (such as 

name, citizenship, date of birth or 

gender). The phased approach would 

have applied to pilots who do not have 

a triggering event during the 

implementation period. The phased 

approach would have consisted of 

different compliance dates for different 

categories of pilots. All pilots, whether 

affected by the ‘‘trigger-based’’ or 

phased approach, would have been 

required to have a pilot certificate with 

a photo no later than 5 years after the 

effective date of the final rule. These 

approaches were designed to balance 

the FAA’s ability to receive and timely 

process applications for the certificates 

while maintaining the existing range of 

Agency services. 

Of the 17 commenters that 

specifically addressed the proposed 

‘‘trigger’’ and phased implementation 

process, 8 stated the proposal was 

acceptable as written. They agreed that 

staggering the implementation dates for 

different certificate holders would 

reduce the burden on the FAA and may 

improve application processing times. 

They also contended that requiring an 

upgrade to a photo certificate at a 

‘‘triggering’’ event, such as adding a 

rating, would prevent pilots from 

waiting until the last minute to apply 

for their certificates with photo. 

Three commenters suggested using a 

‘‘trigger-only’’ approach for pilot 

applications. They stated that it would 

reduce the burden on pilots to allow 

them to continue flying with their 

current non-photo certificates until they 

met one of the ‘‘triggering’’ events. 

Otherwise, the pilot may have to make 

an initial trip to a FSDO to upgrade to 

the photo certificate, and then have to 

make an additional trip back to the 

FSDO not long afterwards in order to 

add a rating, resulting in an increased 

burden. 

Three commenters suggested the FAA 

reduce the time pilots have to comply. 

They stated that because pilot 

certificates with a photo would increase 

safety and security, it would be better to 

have all pilots obtain the certificates as 

soon as possible. Three additional 

commenters, including NAFI, proposed 

having a single compliance date for all 

pilots. Two of these commenters, 

including NAFI, stated that a single 

compliance date would cause less 

confusion for pilots and would reduce 

the chances of a pilot accidentally 

failing to comply. The third commenter 

favored a single compliance date 

because staggered dates might give the 

impression of unequal treatment of one 

or more pilot communities. 

As stated earlier, the FAA withdraws 

the requirement to obtain a pilot 

certificate with a photo. 

G. Regulatory Evaluation 

Four commenters, including AOPA, 

specifically mentioned the estimated 

total costs for airmen to comply with the 

proposal, as outlined in the Regulatory 

Evaluation. Each of the commenters 

disputed the accuracy of the cost figures 

and generally were opposed to 

expending scarce resources on the 

proposal given federal deficits and 

ongoing cost-cutting measures. One 

commenter stated that the high cost 

associated with the proposal was due to 

the FAA not considering more costeffective and less onerous measures for 

accomplishing the same goal. All four 

commenters believed that the FAA 


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1302 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

should not be pursuing regulations that 

add to federal spending while offering 

few, if any, safety and security benefits. 

AOPA commented that the FAA’s 20- 

year cost estimates may be grossly 

underestimated, and stated that the 

actual total present value costs to 

airmen would likely be more than the 

estimated $235.8 million outlined in the 

proposal. AOPA also believed that total 

overall implementation costs would 

exceed the estimated $380.1 million, but 

did not provide additional input as to 

how it derived these conclusions. AOPA 

was further concerned that the true 

costs to airmen were uncertain 

considering the proposal discussed the 

possibility that fee increases may be 

imposed via the Federal Aviation 

Reauthorization bill (H.R. 915), then 

pending before Congress. AOPA 

believed the proposal equated to a 

significant economic impact to airmen 

and the associated costs far outweighed 

any potential benefits. 

As stated earlier, the FAA withdraws 

most proposals in the NPRM. The FAA 

has revised the regulatory evaluation 

consistent with the adopted changes to 

student pilot certification. Further, and 

as stated earlier, the fees authorized in 

section 122 of Public Law 112–95 are 

being addressed in a separate 

rulemaking. 

H. Miscellaneous Comments 

1. Redesigning Pilot Certificate 

Twelve commenters suggested that if 

the FAA planned to add photos to pilot 

certificates, other changes should be 

made to the certificates at the same 

time. Most suggestions were offered to 

improve legibility, such as increasing 

the font size; reducing the visual clutter 

by removing some less critical 

information, such as the pilot’s address; 

and removing the image of the Wright 

Brothers. Other commenters suggested 

making the different levels of 

certificates (e.g., private pilot, 

commercial pilot, and ATP) easily 

distinguishable, either by using different 

background colors or different images. 

Additionally, Transport Canada 

suggested the FAA replace the 

traditional pilot certificate with a 

certificate similar to the Canadian 

Aviation Document Booklet (ADB), to 

allow cross-sharing of data between 

Canada and the United States. The ADB 

resembles a passport and contains all of 

a pilot’s licenses, permits, and medical 

certificates in one document. The 

licenses, permits, and medical 

certificates are issued through the mail 

as stick-on labels with security features. 

Security features include secure ink, bar 

codes, and complicated patterns 

designed to make forgery more difficult. 

As pilots add new ratings or licenses or 

update certificates, they add these labels 

to the ADB. The ADB also has a photo 

of the pilot. While no additional 

commenters specifically mentioned the 

ADB as a potential model, three 

commenters did suggest the FAA 

combine all certificates, including the 

medical certificate, into a single 

document to reduce the costs to pilots 

and to reduce the number of certificates 

a pilot must carry. 

The FAA has determined that these 

suggestions are outside the scope of this 

rulemaking. Any changes to the pilot 

certificate would need to be addressed 

in a separate rulemaking. The FAA 

notes, however, that since publication of 

the NPRM, the FAA has increased the 

size of the font for the pilot’s name, 

certificate level or type, and certificate 

number. 

2. Proposed § 61.3—Requirements for 

Certificates, Ratings, and Authorizations 

Two commenters believed the 

proposed language in § 61.3(a)(1)(v) was 

misleading. The proposed language 

stated that, ‘‘A person may not serve as 

a required crewmember of a civil 

aircraft of the United States, unless that 

person: when operating an aircraft in a 

foreign country, has a pilot license 

issued by that country.’’ The 

commenters noted that the language 

could be interpreted as requiring the 

pilot to have a license issued by the 

foreign country. That was not the FAA’s 

intent. In a separate rulemaking 

(Certified Flight Instructor Flight 

Reviews; Recent Pilot in Command 

Experience; Airmen Online Services 

(RIN 2120–AK23) (78 FR 56822, 

September 16, 2013; confirmed at 78 FR 

66261, November 5, 2013)), the FAA 

revised the language of § 61.3(a)(1)(v) to 

state that ‘‘(v) When operating an 

aircraft within a foreign country, a pilot 

license issued by that country may be 

used.’’ 

V. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. The 

FAA suggests readers seeking greater 

detail read the full regulatory 

evaluation, a copy of which has been 

placed in the docket for this rulemaking. 

In conducting these analyses, FAA 

has determined that this final rule: (1) 

Has benefits that justify its costs, (2) is 

not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (4) 

will not have a significant economic 

impact on a substantial number of small 

entities; (5) will not create unnecessary 

obstacles to the foreign commerce of the 

United States; and (6) will not impose 

an unfunded mandate on State, local, or 

tribal governments, or on the private 

sector, by exceeding the threshold 

identified above. These analyses are 

summarized below. 

Total Benefits and Costs of This Rule 

This final rule responds to section 

4012 of the Intelligence Reform and 

Terrorism Prevention Act (IRTPA) by 

facilitating security vetting of all student 

pilot certificate applicants before the 

FAA issues a student pilot certificate. 

The FAA notes that following the 

direction of Congress provides a 

sufficient reasoned determination to 

justify the costs. These potential 

benefits are not quantifiable. The 

estimated cost of this final rule over 10 

years is shown in the following table: 


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15FAA U.S. Civil Airmen Statistics, 2014, Table 

1, Estimated Active Airmen Certificates Held, 

http://www.faa.gov/data_research/ 

aviation_data_statistics/civil_airmen_statistics/. 

16FAA U.S. Civil Airmen Statistics, Table 16 and 

Table 17 minus 1,854 since 1,854 is accounted for 

in Table 16 (49,261 ¥ 1,854) + 2,552 = 49,959 

http://www.faa.gov/data_research/ 

aviation_data_statistics/civil_airmen_statistics/. 

TOTAL AND PRESENT VALUE COSTS OF THE FINAL RULE

[2015–2024] 

Affected group 

Total cost Present value 

Lower Upper 

7 percent 3 percent 

Lower Upper Lower Upper 

(Millions, 2014 $) 

Student pilots ........................................... $7.1 $11.0 $5.0 $7.7 $6.1 $9.4 

FAA .......................................................... $9.8 $7.1 $8.5 

Authorized individuals .............................. $0.07 $0.05 $0.06 

Total .................................................. $17.0 $20.9 $12.2 $14.9 $14.7 $18.0 

Who is potentially affected by this Rule? 

Student pilots who are applying for a 

student pilot certificate are potentially 

affected by this rule. In the year 2014, 

there were 120,546 active student 

pilots.15 Of these 120,546 active student 

pilots, 49,959 16 (41.44 percent of the 

total) certificates were issued in 2014. 

Original student pilot certificates issued 

that year comprised 30.83 percent of the 

total for 2014, while the remaining 

10.61 percent were replacement 

certificates. Since the total number of 

active student pilots is relatively stable 

over the years, the FAA assumes that an 

equal amount of students are leaving the 

program each year. The FAA estimates 

that these percentages will remain 

constant during the entire period of this 

analysis. 

Cost Assumptions and Primary Sources 

of Information 

• All costs are presented in 2014 

dollars. 

• Discount rates—a 7% base case 

with a 3% sensitivity analysis rate 

• Period of analysis—2015 through 

2024 

• A range of $13 to $25.22 is used as 

the hourly rate of an airman’s time as 

advised by Department of 

Transportation (DOT) guidance. 

• $23.59 is the hourly rate for a CFI 

and ACR associated with a part 141 

school. 

• Numbers of student pilot 

certificates from the FAA U.S. Civil 

Airmen Statistics, 2014 

Changes From the NPRM to the Final 

Rule 

This action withdraws the proposal 

for pilot certificates to include a photo 

of the individual pilot. Additionally, 

this action withdraws the proposal to 

implement fees for pilot certificates. 

Applicants must apply for a student 

pilot certificate through a FSDO, DPE, 

ACR associated with a part 141 pilot 

school, or CFI. 

Newly issued student pilot certificates 

will not have an expiration date. 

Comments on the NPRM 

recommended that FAA not remove the 

AME from the student pilot certificate 

application process because doing so 

will increase the financial burden on the 

student pilot by having him or her make 

an additional trip. The FAA has 

modified who may accept a student 

pilot application by withdrawing the 

KTCs and including CFIs as authorized 

individuals. This will reduce the burden 

on student pilot applicants since they 

already travel to CFIs for flight 

instruction. 

These changes resulted in lower cost 

estimates than those published in the 

NPRM. 

Benefits of This Rule 

This final rule responds to section 

4012 of the Intelligence Reform and 

Terrorism Prevention Act (IRTPA) by 

facilitating security vetting of all student 

pilot certificate applicants before the 

FAA issues a student pilot certificate. 

As Congress understood the 

unquantifiable benefits of section 4012 

exceed the costs as discussed next. 

Costs of This Rule 

The compliance costs have three 

distinct components and are estimated 

over a ten-year period. The first 

component is the student pilot 

applicants’ direct and indirect costs 

valued from $7.1 to $11 million. The 

second component is the costs incurred 

by the FAA’s Civil Aviation Registry to 

process and issue a student pilot 

certificate for $9.8 million. TSA will not 

incur any additional costs as they 

already vet student pilots. Under this 

rule, TSA will conduct the vetting prior 

to the issuance of an FAA student pilot 

certificate. The third component is for 

the mailing expenses incurred by the 

authorized individual to mail the 

applications to FAA’s Civil Aviation 

Registry for about $70,000. Total costs of 

this final rule are estimated to be from 

$17 to $20.9 million over a ten-year 

period. 

Alternatives Considered 

The alternative represents a situation 

in which the FAA would only allow 

ACRs associated with part 141 pilot 

schools, DPEs, and FSDOs to act as 

authorized individuals for receiving 

student pilot certificate applications. 

The outcome would be that student 

pilot applicants who do not go to a part 

141 pilot school for flight instruction 

would have to make an additional trip 

to a DPE or a FSDO to apply for a 

student pilot certificate. This would 

increase the travel costs to the student 

pilot applicants. The FAA estimated the 

cost of this alternative to be from $19 to 

$30.6 million ($13.5–$21.8 million 

using a 7 percent discount rate and 

$16.3–$26.3 million using a 3 percent 

discount rate.), which is more expensive 

than the final rule. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 


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1304 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

17The lower rate of $13.00 is based on the 

Revised Departmental Guidance on Valuation of 

Travel Time in Economic Analysis, Table 4: 

Recommended Hourly Values of Travel Time 

Savings for in-vehicle local travel. This range is 

used to estimate the value of personal time forgone 

by the student pilot to complete an application form 

and related tasks. Further, these values have been 

grown by 1% for every year past 2014 as advised 

in DOT Departmental Guidance. https:// 

www.dot.gov/sites/dot.gov/files/docs/ 

USDOT%20VOT%20Guidance%202014.pdf. 

http://www.census.gov/hhes/www/income/data/ 

historical/household/. 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. Section 604 of the RFA requires 

agencies to prepare a final regulatory 

flexibility analysis (FRFA) describing 

the impact of final rules on small 

entities. Section 604(a) of the Act 

specifies the content of the FRFA. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. The FAA 

believes that this final rule will not have 

a significant economic impact on a 

substantial number of entities, because 

student pilots are not small entities. 

There were no comments regarding the 

economic impact on student pilots 

received in response to the NPRM. 

Therefore, as provided in section 605(b), 

the head of the FAA certifies that this 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final rule and 

determined that it will have only a 

domestic impact and therefore will not 

create unnecessary obstacles to the 

foreign commerce of the United States. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$155.0 million in lieu of $100 million. 

This rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This final rule will revise an existing 

information collection. As required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)), the FAA has 

submitted these information collection 

amendments to OMB for its review. The 

Office of Management and Budget 

approved the amended information 

collection requirements under existing 

OMB Control Number 2120–0021. 

Title: Certification: Pilots and Flight 

Instructors. 

Abstract: 14 CFR part 61 prescribes 

certification standards for pilots, flight 

instructors, and ground instructors. The 

information collected is used to 

determine compliance with applicant 

eligibility, via FAA Form 8710–1. 

Use of: The Airman certificate and/or 

Rating Application form and the 

required records, logbooks, and 

statements required by the federal 

regulations are submitted to Federal 

Aviation Administration (FAA) Flight 

Standards District Offices or its 

representatives to determine 

qualifications of the applicant for 

issuance of a pilot or instructor 

certificate, or rating or authorization. 

Respondents (including number of): 

The FAA estimates, on average, there 

are 38,700 student pilots who will be 

required to provide information in 

accordance with the final rule annually. 

The respondents to this information 

requirement are student pilots regulated 

under part 61. 

Frequency: The FAA estimates 

certificate holders will have a one-time 

information collection, and will then 

collect or report information 

occasionally thereafter. 

Annual Burden Estimate: This final 

rule will result in a ten-year 

recordkeeping and reporting burden as 

follows: 

Summary of Time and Costs 

The FAA estimates 38,700 

applications for new and replacement 

student pilot certificates will take 0.5 

hours each to complete. The student 

airman certification program imposes a 

19,350 hours reporting burden. Equation 

1 below provides the basis for 19,350 

hours. 

(1) 38,700 new applications for 

original student pilot certificates × 0.5 

hours = 19,350 hours 

The estimated annual cost to 

respondents for the hour burdens 

resulting from the collection of 

information is $251,550. This cost is 

determined by estimating the time 

required for the applicants to complete 

and submit FAA Form 8710–1 

applications. Even though the FAA is 

using the IACRA system, no significant 

change in time required to complete and 

submit this form will occur. Equation 2 

below provides the basis for $251,550 in 

costs. 

(2) 38,700 8710–1 Applications × 0.5 

hours × $13 per hour 17= $251,550; 

The following table provides the total 

cost to respondents over ten years, and 

includes present and annualized values 

using a seven and three percent 

discount rate. 


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QUANTIFIED COSTS FOR ISSUANCE OF FAA PLASTIC CERTIFICATES

Estimate Nominal 

(millions) 

PV at 7% 

(millions) 

Annualized 

at 7% 

(millions) 

PV at 3% 

(millions) 

Annualized 

at 3% 

(millions) 

Total ..................................................................................... $1.975 $1.39 $0.198 $1.67 $0.195 

F. Privacy Impact Assessment 

The FAA conducted a privacy impact 

assessment (PIA) of this rule as required 

by section 522(a)(5) of division H of the 

FY 2005 Omnibus Appropriations Act, 

Public Law 108–447, 118 Stat. 3268 

(Dec. 8, 2004). The assessment considers 

any impacts of the final rule on the 

privacy of information in an identifiable 

form and related matters. The final rule 

would impact the handling of 

personally identifiable information (PII). 

The FAA has evaluated the risks and 

effects the rulemaking might have on 

collecting, storing, and sharing PII and 

has evaluated protections and 

alternative information handling 

processes in developing the final rule in 

order to mitigate potential privacy risks. 

The risks to the student pilot population 

are the same as the risks for other 

individuals who are required to hold 

FAA-issued certificates. The PIA for the 

following system currently incorporates 

the student pilot population: AVS 

Registry, also known as the Registry 

Modernization System (RMS). This PIA 

is available for review in the docket for 

this rulemaking, as well as via http:// 

www.transportation.gov/individuals/ 

privacy/privacy-impact-assessments. 

G. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

H. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f and involves no 

extraordinary circumstances. 

VI. Executive Order Determinations 

A. Executive Order 12866 

See the ‘‘Regulatory Evaluation’’ 

discussion in the ‘‘Regulatory Notices 

and Analyses’’ section elsewhere in this 

preamble. 

B. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

D. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

(77 FR 26413, May 4, 2012) promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

VII. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (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 Publishing 

Office’s Web page at http:// 

www.fdsys.gov. 

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) 267–9677. 

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/. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements, Security measures. 

14 CFR Part 183 

Aircraft, Airmen, Reporting and 

recordkeeping requirements. 


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1306 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 is 

revised to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701–44703, 44707, 44709–44711, 44729, 

44903, 45102–45103, 45301–45302. 

■ 2. Amend § 61.3 by revising paragraph 

(d)(2)(iv) to read as follows: 

§ 61.3 Requirement for certificates, 

ratings, and authorizations. 

* * * * * 

(d) * * * 

(2) * * * 

(iv) Endorse a logbook for solo 

operating privileges. 

* * * * * 

■ 3. Amend § 61.19 by revising the 

section heading and paragraphs (a), (b), 

and (c) to read as follows: 

§ 61.19 Duration of pilot and instructor 

certificates and privileges. 

(a) General. (1) The holder of a 

certificate with an expiration date may 

not, after that date, exercise the 

privileges of that certificate. 

(2) Except for a certificate issued with 

an expiration date, a pilot certificate is 

valid unless it is surrendered, 

suspended, or revoked. 

(b) Paper student pilot certificate. A 

student pilot certificate issued under 

this part prior to April 1, 2016 expires: 

(1) For student pilots who have not 

reached their 40th birthday, 60 calendar 

months after the month of the date of 

examination shown on the medical 

certificate. 

(2) For student pilots who have 

reached their 40th birthday, 24 calendar 

months after the month of the date of 

examination shown on the medical 

certificate. 

(3) For student pilots seeking a glider 

rating, balloon rating, or a sport pilot 

certificate, 60 calendar months after the 

month of the date issued, regardless of 

the person’s age. 

(c) Pilot certificates. (1) A pilot 

certificate (including a student pilot 

certificate issued after April 1, 2016 

issued under this part is issued without 

a specific expiration date. 

(2) The holder of a pilot certificate 

issued on the basis of a foreign pilot 

license may exercise the privileges of 

that certificate only while that person’s 

foreign pilot license is effective. 

* * * * * 

■ 4. Revise § 61.85 to read as follows: 

§ 61.85 Application. 

An applicant for a student pilot 

certificate: 

(a) Must make that application in a 

form acceptable to the Administrator; 

and 

(b) Must submit the application to a 

Flight Standards District Office, a 

designated pilot examiner, an airman 

certification representative associated 

with a pilot school, a flight instructor, 

or other person authorized by the 

Administrator. 

■ 5. Amend § 61.87 by revising 

paragraphs (n) and (p)(3), removing 

paragraph (p)(4), redesignating 

paragraph (p)(5) as (p)(4), and revising 

newly redesignated (p)(4) to read as 

follows: 

§ 61.87 Solo requirements for student 

pilots. 

* * * * * 

(n) Limitations on student pilots 

operating an aircraft in solo flight. A 

student pilot may not operate an aircraft 

in solo flight unless that student pilot 

has received an endorsement in the 

student’s logbook for the specific make 

and model aircraft to be flown by an 

authorized instructor who gave the 

training within the 90 days preceding 

the date of the flight. 

* * * * * 

(p) * * * 

(3) Determined the student pilot is 

proficient in the make and model of 

aircraft to be flown; and 

(4) Endorsed the student pilot’s 

logbook for the specific make and model 

aircraft to be flown, and that 

endorsement remains current for solo 

flight privileges, provided an authorized 

instructor updates the student’s logbook 

every 90 days thereafter. 

■ 6. Amend § 61.93 by revising 

paragraphs (c)(1) and (c)(2) and adding 

paragraph (c)(3) to read as follows: 

§ 61.93 Solo cross-country flight 

requirements. 

* * * * * 

(c) * * * 

(1) A student pilot must have a solo 

cross-country endorsement from the 

authorized instructor who conducted 

the training that is placed in that 

person’s logbook for the specific 

category of aircraft to be flown. 

(2) A student pilot must have a solo 

cross-country endorsement from an 

authorized instructor that is placed in 

that person’s logbook for the specific 

make and model of aircraft to be flown. 

(3) For each cross-country flight, the 

authorized instructor who reviews the 

cross-country planning must make an 

endorsement in the person’s logbook 

after reviewing that person’s crosscountry planning, as specified in 

paragraph (d) of this section. The 

endorsement must— 

(i) Specify the make and model of 

aircraft to be flown; 

(ii) State that the student’s preflight 

planning and preparation is correct and 

that the student is prepared to make the 

flight safely under the known 

conditions; and 

(iii) State that any limitations required 

by the student’s authorized instructor 

are met. 

* * * * * 

■ 7. Amend § 61.133 by revising 

paragraphs (a)(2)(i)(C) and (a)(2)(ii)(C) to 

read as follows: 

§ 61.133 Commercial pilot privileges and 

limitations. 

(a) * * * 

(2) * * * 

(i) * * * 

(C) Endorse a pilot’s logbook for solo 

operating privileges in an airship; 

* * * 

(ii) * * * 

(C) Endorse a pilot’s logbook for solo 

operating privileges in a balloon; and 

* * * * * 

■ 8. Amend § 61.189 by revising 

paragraph (b)(1) to read as follows: 

§ 61.189 Flight instructor records. 

* * * * * 

(b) * * * 

(1) The name of each person whose 

logbook that instructor has endorsed for 

solo flight privileges, and the date of the 

endorsement; and 

* * * * * 

■ 9. Revise § 61.193 to read as follows: 

§ 61.193 Flight instructor privileges. 

(a) A person who holds a flight 

instructor certificate is authorized 

within the limitations of that person’s 

flight instructor certificate and ratings to 

train and issue endorsements that are 

required for: 

(1) A student pilot certificate; 

(2) A pilot certificate; 

(3) A flight instructor certificate; 

(4) A ground instructor certificate; 

(5) An aircraft rating; 

(6) An instrument rating; 

(7) A flight review, operating 

privilege, or recency of experience 

requirement of this part; 

(8) A practical test; and 

(9) A knowledge test. 

(b) A person who holds a flight 

instructor certificate is authorized, in a 

form and manner acceptable to the 

Administrator, to: 

(1) Accept an application for a student 

pilot certificate; 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 1307 

(2) Verify the identity of the 

applicant; and 

(3) Verify the applicant meets the 

eligibility requirements in § 61.83. 

■ 10. Amend § 61.195 by revising 

paragraphs (d)(1) introductory text and 

(d)(2) to read as follows: 

§ 61.195 Flight instructor limitations and 

qualifications. 

* * * * * 

(d) * * * 

(1) Student pilot’s logbook for solo 

flight privileges, unless that flight 

instructor has— 

* * * 

(2) Student pilot’s logbook for a solo 

cross-country flight, unless that flight 

instructor has determined the student’s 

flight preparation, planning, equipment, 

and proposed procedures are adequate 

for the proposed flight under the 

existing conditions and within any 

limitations listed in the logbook that the 

instructor considers necessary for the 

safety of the flight; 

* * * * * 

■ 11. Revise § 61.413 to read as follows: 

§ 61.413 What are the privileges of my 

flight instructor certificate with a sport pilot 

rating? 

(a) If you hold a flight instructor 

certificate with a sport pilot rating, you 

are authorized, within the limits of your 

certificate and rating, to provide training 

and endorsements that are required for, 

and relate to— 

(1) A student pilot seeking a sport 

pilot certificate; 

(2) A sport pilot certificate; 

(3) A flight instructor certificate with 

a sport pilot rating; 

(4) A powered parachute or weightshift-control aircraft rating; 

(5) Sport pilot privileges; 

(6) A flight review or operating 

privilege for a sport pilot; 

(7) A practical test for a sport pilot 

certificate, a private pilot certificate 

with a powered parachute or weightshift-control aircraft rating or a flight 

instructor certificate with a sport pilot 

rating; 

(8) A knowledge test for a sport pilot 

certificate, a private pilot certificate 

with a powered parachute or weightshift-control aircraft rating or a flight 

instructor certificate with a sport pilot 

rating; and 

(9) A proficiency check for an 

additional category or class privilege for 

a sport pilot certificate or a flight 

instructor certificate with a sport pilot 

rating. 

(b) A person who holds a flight 

instructor certificate with a sport pilot 

rating is authorized, in a form and 

manner acceptable to the Administrator, 

to: 

(1) Accept an application for a student 

pilot certificate; 

(2) Verify the identity of the 

applicant; and 

(3) Verify the applicant meets the 

eligibility requirements in § 61.83. 

■ 12. Amend § 61.415 by revising 

paragraphs (d)(1) introductory text, 

(d)(2), and (d)(3) introductory text to 

read as follows: 

§ 61.415 What are the limits of a flight 

instructor certificate with a sport pilot 

rating? 

* * * * * 

(d) * * * 

(1) Student pilot’s logbook for solo 

flight privileges, unless you have— 

* * * 

(2) Student pilot’s logbook for a solo 

cross-country flight, unless you have 

determined the student’s flight 

preparation, planning, equipment, and 

proposed procedures are adequate for 

the proposed flight under the existing 

conditions and within any limitations 

listed in the logbook that you consider 

necessary for the safety of the flight. 

(3) Student pilot’s logbook for solo 

flight in Class B, C, and D airspace 

areas, at an airport within Class B, C, or 

D airspace and to from, through or on 

an airport having an operational control 

tower, unless you have— 

* * * * * 

■ 13. Amend § 61.423 by revising 

paragraph (a)(2)(i) to read as follows: 

§ 61.423 What are the recordkeeping 

requirements for a flight instructor with a 

sport pilot rating? 

(a) * * * 

(2) * * * 

(i) Each person whose logbook you 

have endorsed for solo flight privileges. 

* * * * * 

PART 183—REPRESENTATIVES OF 

THE ADMINISTRATOR 

■ 14. The authority citation for part 183 

is revised to read as follows: 

Authority: 31 U.S.C. 9701; 49 U.S.C. 

106(f), 106(g), 40113, 44702, 45303. 

■ 15. Amend § 183.21 by revising 

paragraph (c) and removing and 

reserving paragraph (d) to read as 

follows: 

§ 183.21 Aviation Medical Examiners. 

* * * * * 

(c) Issue or deny medical certificates 

in accordance with part 67 of this 

chapter, subject to reconsideration by 

the Federal Air Surgeon or his or her 

authorized representatives within the 

FAA; and 

(d) [Reserved.] 

* * * * * 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 44703, and 

Section 4022 of Public Law. 108–458 on 

December 24, 2015. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2016–00199 Filed 1–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 40F; AG Order No. 3607– 

2016] 

RIN 1140–AA41 

Commerce in Firearms and 

Ammunition—Reporting Theft or Loss 

of Firearms in Transit (2007R–9P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF); 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

amending the regulations of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives (ATF) concerning the 

statutory reporting requirement for 

firearms that have been stolen or lost. 

The final rule specifies that when a 

Federal firearms licensee (FFL) 

discovers a firearm it shipped was 

stolen or lost in transit, the transferor/ 

sender FFL must report the theft or loss 

to ATF and to the appropriate local 

authorities within 48 hours of 

discovery. The rule also reduces an 

FFL’s reporting burden when a theft or 

loss involves a firearm registered under 

the National Firearms Act (NFA) and 

ensures consistent reporting to ATF’s 

NFA Branch. In addition, the rule 

specifies that transferor/sender FFLs 

must reflect the theft or loss of a firearm 

as a disposition entry in their required 

records not later than 7 days following 

discovery of the theft or loss; moreover, 

if an FFL reported the theft or loss of a 

firearm and later discovers its 

whereabouts, the FFL must advise ATF 

that the firearm has been located and 

must re-enter the firearm into its 

required records as an acquisition or 

disposition entry as appropriate. 

DATES: This rule is effective February 

11, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Denise Brown, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 


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