[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76841-76842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 119, 121 and 135

[Docket No. FAA-2003-15571; Amendment Nos. 119-8, 121-286 and 135-83]
RIN 2120-AI00


DOD Commercial Air Carrier Evaluators

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Disposition of comments on final rule.

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SUMMARY: This document discusses comments FAA received on the final 
rule, published on July 10, 2003 (68 FR 41214), which became effective 
on July 11, 2003, and which clarified existing regulations as they 
apply to Department of Defense (DOD) commercial air carrier evaluators. 
These amendments clarified DOD's congressionally mandated cockpit 
evaluation mission and authority for the aviation security community. 
Also, DOD's Air Mobility Command (AMC) issued a new credential to allow 
DOD commercial air carrier evaluators uninterrupted access to the 
cockpit for evaluations.

ADDRESSESS: The complete docket for the final rule ``DOD Commercial Air 
Carrier Evaluators'' may be examined in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the Nassif Building at the 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Also, you may review the public docket on 
the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Lt. Col. Gregory Clawson, Department 
of Defense Air Mobility Command Liaison Officer to FAA Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-7088.

SUPPLEMENTARY INFORMATION:

[[Page 76842]]

Background

    The DOD contracts for passenger and air cargo movements from air 
carriers certificated by the FAA. The DOD is congressionally mandated 
to conduct capability evaluations of contracted carriers. These 
evaluations ensure each carrier is able to satisfy the unique 
requirements of military contracts and to adhere to the DOD Commercial 
Air Carrier Quality and Safety Requirements. These evaluations apply 
only to carriers under contract with the DOD or carriers wanting to 
enter into contracts with the DOD.
    DOD commercial air carrier evaluators require uninterrupted access 
to the flight deck to perform their reviews. For many years, DOD 
commercial air carrier evaluators relied on the FAA, the air carrier, 
and the pilot in command authorizing their access to conduct the air 
carrier evaluation mission. Language contained in 14 CFR parts 121 and 
135 did not include DOD commercial air carrier evaluators among those 
individuals authorized access to the flight deck.
    The absence of direct authority in the regulation listing and the 
lack of a well-known DOD evaluator credential significantly hindered 
the congressionally mandated DOD air carrier evaluations.
    The amendments in the final rule make clear the authority of DOD 
commercial air carrier evaluators to conduct cockpit evaluations by 
including them in the regulation text. These changes, with the creation 
of the S&A Form 110B evaluator credential, have alleviated the problems 
DOD commercial air carrier evaluators have faced in the field.

Discussion of Comments

    The FAA received comments from a private citizen and a commercial 
air carrier. The content of the two letters was identical. These 
comments are addressed below.
    The commenters stated that allowing cockpit access to the DOD 
evaluators was not ``prudent or necessary'' and the potential existed 
for DOD evaluators to abuse the process by wanting ``free rides.''
    FAA response: The FAA does not agree with the commenters. The DOD 
is required by law to conduct carrier evaluations including cockpit 
observations. The DOD coordinates these observations in advance with 
the air carrier. Flight crews are made aware of the presence of the DOD 
evaluator before the flight. Surprise evaluations are not part of this 
program and DOD evaluators must show proper documentation, including 
their S&A Form 110B credential and military orders, to gain access to 
the aircraft. Additionally, these evaluations only occur on air 
carriers participating, or applying to participate, in the DOD program. 
The process currently in place safeguards the security of the aircraft 
and does not allow for ``free ride'' abuse by the evaluators.
    The FAA received comments regarding the possible falsification of 
the new credential being issued to DOD evaluators and the potential for 
increased costs to the air carrier by having to verify the evaluator's 
documentation.
    FAA response: The FAA does not agree that the credential is easily 
falsified. The new credential issued to DOD air carrier evaluators has 
the same security features as the credentials carried by FAA inspectors 
and are difficult to falsify. In addition, DOD evaluators must present 
military orders with their S&A Form 110B credential. Verifying the 
credential and military order should not take any more time than in the 
past, and we expect the costs to be minimal. Again, these evaluations 
only occur on air carriers participating, or applying to participate, 
in the DOD program.

Conclusion

    After consideration of the comments submitted in response to the 
final rule, the FAA has determined that no further rulemaking action is 
necessary. The final rule, ``DOD Commercial Air Carrier Evaluators'' 
remains in effect as adopted.

    Issued in Washington, DC, on December 15, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-27896 Filed 12-22-04; 8:45 am]
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