70868 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 

Office. The AMOC approval letter must 

specifically reference this AD. 

ssued in Renton, Washington on November 

10, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–29231 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1115; Directorate 

Identifier 2010–NM–221–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747– 

400D, 747–400F, 747SR, and 747SP 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require repetitive inspections 

for damage of the electrical terminal at 

the left and right flightdeck window 1, 

and corrective actions if necessary. This 

proposed AD would also allow for 

replacing the flightdeck window 1 with 

a new improved flightdeck window 

equipped with different electrical 

connections, which would terminate the 

repetitive inspections for that flightdeck 

window 1. This proposed AD was 

prompted by several reports of electrical 

arcs at the terminal blocks of the 

electrically heated flightdeck window 1. 

We are proposing this AD to prevent 

smoke and fire in the cockpit, which 

could lead to loss of visibility, and 

injuries to or incapacitation of the 

flightcrew. 

DATES: We must receive comments on 

this proposed AD by January 3, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Louis Natsiopoulos, Aerospace 

Engineer, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone (425) 917–6478; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–1115; Directorate Identifier 2010– 

NM–221–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

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 proposed AD. 

Discussion 

We have received multiple reports of 

electrical arcs at the terminal blocks of 

the flightdeck window 1. In several 

incidents, the arcs resulted in open 

flames. An investigation showed that 

the electrical arcs are caused by loose 

terminal connections, which are caused 

by incorrect torque of the screw or an 

incorrectly installed screw. A loose 

terminal connection will overheat with 

electrical current passing through it. An 

overheated connector can degrade the 

adjacent electrical circuit (including 

solder, if present). This condition, if not 

corrected, could result in smoke and fire 

in the cockpit, and consequent loss of 

visibility, and injuries to or 

incapacitation of the flightcrew. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 747–30– 

2081, Revision 2, dated March 10, 2010. 

Boeing Special Attention Service 

Bulletin 747–30–2081, Revision 2, dated 

March 10, 2010, describes procedures 

for repetitive detailed inspections for 

damage (including but not limited to a 

cross-threaded screw, arcing, loose 

terminal, and heat damage) of the 

terminal block, connector, and wiring at 

the left and right flightdeck window 1, 

and corrective actions if necessary. The 

corrective actions are applying the 

correct torque to a loose electrical 

connection, repairing damaged wiring, 

or installing a replacement window 1. 

Boeing Special Attention Service 

Bulletin 747–30–2081, Revision 2, dated 

March 10, 2010, specifies a compliance 

time of within 500 hours after the date 

on the service bulletin for doing the 

initial detailed inspection. 

Boeing Special Attention Service 

Bulletin 747–30–2081, Revision 2, dated 

March 10, 2010, specifies that the 

replacement window can either be a 

window that uses screws and lugs for 

the electrical connection or a window 

that uses pins and sockets for the 

electrical connections. For airplanes on 

which a replacement window that uses 

pins and sockets is installed, Boeing 

Special Attention Service Bulletin 747– 

30–2081, Revision 2, dated March 10, 

2010, also specifies changes to the 

related wire bundle. Boeing Special 

Attention Service Bulletin 747–30– 

2081, Revision 2, dated March 10, 2010, 

specifies that installing a window that 

uses pins and sockets eliminates the 

need for the repetitive inspections. If the 

window is replaced with the same type 

of window (i.e., windows with the 

screw and lug type electrical 

terminations), then the inspection must 

be repeated within 500 flight hours from 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 70869 

the date of the accomplishment of these 

corrective actions and every 6,000 flight 

hours thereafter. 

Related Rulemaking 

We issued AD 2010–15–01, 

Amendment 39–16367 (75 FR 39804, 

July 13, 2010), that applies to certain 

Model 757 airplanes, Model 767 

airplanes, and Model 777–200 and –300 

series airplanes. That AD requires 

repetitive inspections for damage (e.g., 

of the electrical terminal at the left and 

right flightdeck window 1), and 

corrective actions if necessary. That AD 

also allows for replacing the flightdeck 

window 1 with a new improved 

flightdeck window equipped with 

different electrical connections, which 

terminates the repetitive inspections for 

that flightdeck window 1. That AD 

results from several reports of electrical 

arcs at the terminal blocks of the 

electrically heated flightdeck window 1. 

We issued that AD to prevent smoke 

and fire in the cockpit, which could 

lead to loss of visibility, and injuries to 

or incapacitation of the flightcrew. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Information.’’ 

Differences Between the Proposed AD 

and the Service Information 

Boeing Special Attention Service 

Bulletin 747–30–2081, Revision 2, dated 

March 10, 2010, does not explicitly 

specify an inspection for, nor specify a 

corrective action for, airplanes on which 

a screw is found cross threaded during 

the detailed inspections in paragraph (g) 

of this proposed AD. If these conditions 

are found, paragraph (i) of this proposed 

AD would require replacing the 

windshield either before further flight if 

the screw is found to be loose, or within 

500 flight hours or 150 days after the 

inspection if the screw is found to be 

tight, whichever occurs first. 

Where Boeing Special Attention 

Service Bulletin 747–30–2081, Revision 

2, dated March 10, 2010, specifies an 

interval for repetitive inspections not to 

exceed 6,000 flight hours, paragraphs (g) 

and (h) of this proposed AD would 

require repetitive inspections at 

intervals not to exceed 6,000 flight 

hours or 24 months, whichever occurs 

later. We have determined that this 

revised interval will not adversely affect 

safety of the affected airplanes. Boeing 

concurs with this extension of the 

interval for the repetitive inspections. 

Clarifications of Service Information 

Where Boeing Special Attention 

Service Bulletin 747–30–2081, Revision 

2, dated March 10, 2010, and paragraph 

(h) of this proposed AD state to perform 

a detailed inspection for damage of the 

terminal block, connector, and wiring of 

flightdeck window 1 ‘‘within 500 flight 

hours,’’ it is also acceptable to do the 

inspection at zero flight hours (i.e., 

before the airplane ever leaves the 

hangar and resumes operations). The 

intent of this second inspection is for 

quality assurance purposes. This 

clarification has been coordinated with 

Boeing. 

We have added paragraph (k) of this 

proposed AD to clarify that each 

window is handled separately. In the 

compliance table in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Special 

Attention Service Bulletin 747–30– 

2081, Revision 2, dated March 10, 2010, 

the repeat interval applies to the action, 

which is doing both Work Packages 1 

and 2. If the left window is replaced 

with a window that uses pins and 

sockets for the electrical connection, 

then that replacement terminates the 

requirements of this proposed AD for 

that window only. The other window 

still needs to be inspected. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 251 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection ......... 1 work-hour × $85 per hour = $85 

per inspection cycle.

None ................. $85 per inspection cycle ............... $21,335 per inspection cycle. 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Replacement of windshield ............................... Up to 18 work-hours × $85 per hour = $1,530 Up to $47,592 .............. Up to $49,122. 

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 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
70870 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 

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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

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

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

The Boeing Company: Docket No. FAA– 

2010–1115; Directorate Identifier 2010– 

NM–221–AD. 

Comments Due Date 

(a) We must receive comments by January 

3, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 747–100, 747–100B, 747– 

100B SUD, 747–200B, 747–200C, 747–200F, 

747–300, 747–400, 747–400D, 747–400F, 

747SR, and 747SP series airplanes, 

certificated in any category; as identified in 

Boeing Special Attention Service Bulletin 

747–30–2081, Revision 2, dated March 10, 

2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 30: Ice and rain protection. 

Unsafe Condition 

(e) This AD results from several reports of 

electrical arcs at the terminal blocks of the 

electrically heated flightdeck window 1. In 

several of the incidents, the arcs resulted in 

open flames. We are issuing this AD to 

prevent smoke and fire in the cockpit, which 

could lead to loss of visibility, and injuries 

to or incapacitation of the flightcrew. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Detailed Inspection and Corrective Actions 

(g) Within 500 flight hours after the 

effective date of this AD, do a detailed 

inspection for damage (including but not 

limited to a cross-threaded screw, arcing, 

loose terminal, and heat damage) of the 

terminal block, connector, and wiring of 

flightdeck window 1, and do all applicable 

corrective actions, by accomplishing the 

actions specified in Work Packages 1 and 2 

of Boeing Special Attention Service Bulletin 

747–30–2081, Revision 2, dated March 10, 

2010, except as provided by paragraph (j) of 

this AD. Do all applicable corrective actions 

before further flight, except as required by 

paragraph (i) of this AD. Except as required 

by paragraphs (h) and (i) of this AD, repeat 

the detailed inspection thereafter at intervals 

not to exceed 6,000 flight hours or 24 

months, whichever occurs later. Doing the 

replacement specified in paragraph (k) of this 

AD terminates the repetitive inspection 

requirements of this paragraph for the 

replaced flightdeck window 1. 

(h) For airplanes on which a flightdeck 

window 1 is replaced with a window that 

uses screws and lugs for the electrical 

connections, in accordance with Work 

Package 1 or 2 of Boeing Special Attention 

Service Bulletin 747–30–2081, Revision 2, 

dated March 10, 2010: Except as provided by 

paragraph (j) of this AD, do the next detailed 

inspection within 500 flight hours after the 

corrective action, and repeat the inspection 

thereafter at intervals not to exceed 6,000 

flight hours or 24 months, whichever occurs 

later. Doing the replacement specified in 

paragraph (k) of this AD terminates the 

repetitive inspection requirements of this 

paragraph for the replaced flightdeck 

window 1. 

Exceptions to the Service Bulletin 

(i) If, during the inspection required by 

paragraph (g) of this AD, a screw is found 

cross threaded do the applicable corrective 

action specified in paragraph (i)(1) or (i)(2) of 

this AD. 

(1) If the terminal lug is loose and cannot 

be tightened: Before further flight, replace the 

window, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 747–30– 

2081, Revision 2, dated March 10, 2010. 

(2) If the terminal lug is tight: Within 150 

days or 500 flight hours after the inspection, 

whichever occurs first, replace the window, 

in accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 747–30–2081, Revision 2, 

dated March 10, 2010. 

(j) Where paragraph 1.E. of Boeing Special 

Attention Service Bulletin 747–30–2081, 

Revision 2, dated March 10, 2010, states in 

the ‘‘Action’’ column to ‘‘do the inspections 

given in Work Packages 1 and 2,’’ the intent 

is ‘‘Work Package 1, step 3. or Work Package 

2, step 3., as applicable.’’ Operators are to use 

one or the other (or both) work instruction, 

as applicable, to replace the window(s) that 

need replacing. 

Optional Terminating Action 

(k) Replacing a flightdeck window 1 that 

uses screws and lugs for the electrical 

connections with a flightdeck window that 

uses pins and sockets for the electrical 

connections, in accordance with Work 

Packages 3 or 4 of Boeing Special Attention 

Service Bulletin 747–30–2081, Revision 2, 

dated March 10, 2010, ends the repetitive 

inspection requirements of this AD for that 

window only. 

Credit for Actions Accomplished Previously 

According to Previous Issue of Service 

Information 

(l) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Special Attention Service Bulletin 

747–30–2081, dated August 08, 2006; or 

Revision 1, dated August 20, 2008; are 

considered acceptable for compliance with 

the corresponding actions specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(n) For more information about this AD, 

contact Louis Natsiopoulos, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone: 

(425) 917–6478; fax: (425) 917–6590; e-mail: 

Elias.Natsiopoulos@faa.gov. 

(o) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, the FAA, 1601 Lind Avenue, 

SW., Renton, Washington. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 70871 

1Public Law 108–458, 118 Stat. 3638 (Dec. 17, 

2004). 

2Public Law 100–690, 102 Stat. 4181 (Nov. 18, 

1988). 

Issued in Renton, Washington, on 

November 10, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–29236 Filed 11–18–10; 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; Notice No. 

2010–16] 

RIN 2120–AJ42 

Photo Requirements for Pilot 

Certificates 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action would require a 

person to carry a pilot certificate with 

photo to exercise the privileges of the 

pilot certificate. This proposal responds 

to section 4022 of the Intelligence 

Reform and Terrorism Prevention Act 

(IRTPA). The FAA previously required 

all pilots to obtain a plastic certificate 

(excepting temporary certificates and 

student pilot certificates). This proposal 

furthers the fulfillment of IRTPA by 

requiring a photo of the pilot to be on 

all pilot certificates. The FAA also 

proposes to require student pilots to 

obtain a plastic certificate with photo. 

Student pilot certificates would also 

have the same duration as other pilot 

certificates. Additionally, because of the 

new photo requirements, this proposal 

modifies the application process and the 

fee structure for pilot certificates. 

DATES: Send your comments on or 

before February 17, 2011. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–1127 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: The FAA will post all 

comments received, without change, to 

http://www.regulations.gov, including 

any personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket, or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact Lance Nuckolls, 

Certification and General Aviation 

Operations Branch, AFS–810, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8212; facsimile 

(202) 267–5094, e-mail 

lance.nuckolls@faa.gov. For legal 

questions concerning this proposed rule 

contact Robert Hawks, Air Traffic and 

Airman/Airport Certification Law 

Branch, AGC–240, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7143; facsimile 

(202) 267–7971, e-mail 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section is a discussion of 

how you can comment on this proposal 

and how the FAA will handle your 

comments. Included in this discussion 

is related information about the docket, 

privacy, the handling of proprietary or 

confidential business information, and 

accessing related rulemaking 

documents. 

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 

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 the system 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 4022 

of the Intelligence Reform and 

Terrorism Prevention Act of 2004 

(IRTPA),1 Congress required the FAA to 

promulgate regulations for the issuance 

of improved pilot licenses. 

This rulemaking is within the scope 

of that authority because it prescribes 

the inclusion of a photo of the pilot on 

the pilot certificate in accordance with 

the IRTPA mandate. This rulemaking 

aids in preventing terrorism and in 

ensuring safety in air commerce by 

issuing certificates that conform to the 

IRTPA requirements. 

Background 

On March 12, 1990, the FAA 

published the Drug Enforcement 

Assistance notice of proposed 

rulemaking (55 FR 9270). That NPRM 

proposed changes to requirements for 

registration of aircraft, certification of 

pilots, and certification violations. The 

FAA intended this proposal to correct 

deficiencies in the FAA’s aircraft 

registration and pilot certification 

systems identified in the Federal 

Aviation Administration Drug 

Enforcement Assistance Act of 1988 

(‘‘the DEA Act’’).2 After the close of the 

comment period, the FAA determined 

that technological improvements could 

accomplish most requirements of the 

DEA Act. The FAA withdrew the NPRM 

on December 5, 2005 (70 FR 72403). 

As part of the technological 

improvements, the FAA discontinued 

issuing paper certificates and began 

issuing plastic airman certificates in 

2003. The plastic certificates are of high 

quality plastic card stock and have 

micro printing that contains certain 


emcdonald on DSK2BSOYB1PROD with PROPOSALS