Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 489 

service after the effective date of this AD, 

install a protector on the fuel shut-off control 

according to the instructions of Robin 

Aviation Imperative Service Bulletin No. 180, 

dated March 20, 2001. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, Small Airplane Directorate, ATTN: Karl 

Schletzbaum, Aerospace Engineer, 901 

Locust, Room 301, Kansas City, MO 64106; 

telephone: (816) 329–4146; fax: (816) 329–

4090, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(g) Refer to MCAI Civil Aviation Authority 

AD DCA/R2000/32, Effective Date: June 29, 

2006, and Robin Aviation Imperative Service 

Bulletin No. 180, dated March 20, 2001, for 

related information. 

Issued in Kansas City, Missouri, on 

December 28, 2006. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E6–22623 Filed 1–4–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 47, 61, 63, and 65 

[Docket No. FAA–2006–26714; Notice No. 

06–21] 

RIN 2120–AI43 

Drug Enforcement Assistance 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA is proposing 

changes to its airmen certification and 

aircraft registration requirements. Two 

years after the final rule becomes 

effective, paper pilot certificates may no 

longer be used to exercise piloting 

privileges. Five years after the final rule 

becomes effective, certain other paper 

airmen certificates, such as those of 

flight engineers and mechanics, may no 

longer be used to exercise the privileges 

authorized by those certificates. To 

exercise the privileges after those 

respective dates, the airmen would have 

to hold upgraded, counterfeit-resistant 

plastic certificates. Student pilots would 

not be affected. In addition, those who 

transfer ownership of U.S.-registered 

aircraft would have five days from the 

transaction to notify the FAA Aircraft 

Registry. Those who apply for aircraft 

registration would have to include their 

printed or typed name with their 

signature. These changes are responsive 

to concerns raised in the FAA Drug 

Enforcement Assistance Act. The 

purpose of the changes is to upgrade the 

quality of data and documents to assist 

Federal, State, and local agencies to 

enforce the Nation’s drug laws. 

DATES: Send your comments to reach us 

by March 6, 2007. 

ADDRESSES: You may send comments, 

identified by Docket Number FAA–

2006–, using any of the following 

methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. Note that mail delivery may be 

delayed due to security concerns. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

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

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Lash, Civil Aviation Registry, 

Mike Monroney Aeronautical Center, 

6500 South MacArthur Boulevard, 

Oklahoma City, OK 73169, telephone 

(405) 954–4331. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. Please include the 

regulatory docket or amendment 

number on your comments, and if you 

mail or hand deliver your comments, 

send two copies. We will file all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel on this 

rulemaking, in the public docket. The 

docket is available for public inspection 

before and after the comment closing 

date. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of 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://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you mail your comments and want 

the FAA to acknowledge receipt of the 

comments, you must include with your 

comments a preaddressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2006–26714.’’ We will 

date stamp the postcard and mail it to 

you. 


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490 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process each request to examine or copy 

information marked as proprietary or 

confidential under the DOT procedures 

found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy of this 

NPRM using the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On March 12, 1990, the FAA 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register (55 FR 9270). The NPRM 

proposed changes to certain 

requirements concerning registration of 

aircraft, certification of pilots, and 

penalties for registration and 

certification violations. The NPRM also 

announced non-rulemaking procedural 

changes. We intended the changes to 

correct deficiencies in our systems and 

procedures identified in the FAA Drug 

Enforcement Assistance Act of 1988 

(Pub. L. 100–690) (hereafter, ‘‘the Act’’). 

The Act amended FAA’s authorizing 

legislation (49 U.S.C. 40101 et seq.) to—

• Declare that it is FAA policy to 

assist law enforcement agencies in the 

enforcement of laws that regulate 

controlled substances, to the extent 

consistent with aviation safety; 

• Modify the aircraft registration 

system to more effectively serve the 

needs of buyers and sellers of aircraft, 

drug enforcement officials, and other 

users of the system; 

• Modify the pilot certification 

system to more effectively serve the 

needs of pilots and drug enforcement 

officials; 

• Modify the system for processing 

major repair and alterations of fuel tanks 

and fuel systems on aircraft, to more 

effectively serve users of the system, 

including drug enforcement officials; 

• Establish and collect the fees 

necessary to cover the costs of issuing 

aircraft registration certificates, issuing 

airman certificates for pilots, and 

processing forms for major repairs and 

alterations of fuel tanks and fuel 

systems of aircraft; 

• Pursue civil actions and assess civil 

penalties for violations of the 

regulations governing registering aircraft 

and recording aircraft title documents; 

and 

• Create criminal penalties for forgery 

of airman certificates, false marking of 

aircraft, and other aircraft registration 

violations and to make it unlawful for 

any person to knowingly and willingly 

operate an aircraft in violation of any 

requirement for display of navigation or 

anti-collision lights. 

The comment period closed on May 

11, 1990. We received 373 comments, 

very few of which expressed support for 

the proposed changes. For the most part, 

commenters believed that the proposed 

changes would impose burdens only on 

law-abiding citizens, while criminals 

would simply circumvent them. As a 

result, FAA decided to delay the 

rulemaking process to assess whether 

specific technological improvements to 

the FAA Civil Aviation Registry (the 

Registry) could meet the intent of the 

Act. We believe we have now fulfilled 

most requirements of the Act through 

changes to systems and procedures used 

by the Registry. For this reason, we have 

withdrawn the 1990 NPRM in its 

entirety. Readers interested in the 

specific actions we have taken to fulfill 

the requirements of the Act should refer 

to the notice withdrawing the 1990 

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

To complete our obligations under the 

Act, we are proposing to address two 

deficiencies noted in the Act and not 

fully addressed through changes made 

to the Registry. The first issue concerns 

the proper identification of pilots. Law 

enforcement agencies must be able to 

establish the true identity of those who 

hold pilot certificates. The second issue 

concerns the timely reporting of aircraft 

sales or other transfers of ownership. 

Law enforcement agencies must be able 

to determine who is the owner of an 

aircraft, particularly when ownership of 

the aircraft has recently been 

transferred. Later in this preamble, we 

describe the specific changes we are 

proposing to address these issues. 

Related Rulemaking Activities 

The FAA has two ongoing rulemaking 

activities that relate to airmen 

certificates and aircraft registration. This 

NPRM would bring closure to FAA 

actions related to the FAA Drug 

Enforcement Assistance Act. The 

second NPRM will address 

requirements of the Intelligence Reform 

and Terrorism Prevention Act of 2004 

(Pub. L. 108–458). While both cover 

issues concerning airmen certificates 

and aircraft registration, they are each 

driven by different requirements and 

circumstances. 

During the process of preparing this 

NPRM for publication in late 2004, 

Congress passed the Intelligence Reform 

and Terrorism Prevention Act of 2004. 

Section 4022 (Improved Pilot Licenses) 

of that Act requires pilots’ certificates be 

resistant to tampering, alteration, and 

counterfeiting. The FAA began issuing 

plastic certificates in July 2003 that are 

resistant to tampering, alteration, and 

counterfeiting. This NPRM would 

establish dates by which paper 

certificates may not be used to exercise 

the privileges authorized by the 

certificates. This will allow the FAA to 

also meet the first requirement of the 

Intelligence Reform Act and increase the 

security of airman certificates in a 

timely manner. 

The Intelligence Reform Act also 

requires the inclusion of a photograph 

on pilots’ certificates. The FAA is 

currently working on an NPRM that 

would establish the regulations and 

procedures necessary to implement this 

requirement. We expect to publish the 

NPRM in the near future. We have 

already completed a prototype for 

inclusion of a photograph on an 

airmen’s certificate. 

While this NPRM completes action by 

the FAA on the FAA Drug Enforcement 

Assistance Act, the FAA is continuing 

to evaluate other changes to improve 

data quality of the Registry, possibly 


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including periodic registration of 

aircraft. In a post-9/11 environment, 

there are important benefits that would 

result from a more up-to-date and 

accurate Registry. 

Pilot Identification and Certification 

Under our authorizing legislation, the 

FAA must issue an ‘‘airman certificate’’

to an individual when we find that the 

individual is qualified for, and 

physically able to perform the duties 

related to, the position authorized by 

the certificate. See 49 U.S.C. 44703. 

Sometimes people think of a pilot 

certificate when the words ‘‘airmen 

certificate’’ are used, even though there 

are many other categories of airmen. In 

this preamble, we use the term ‘‘airman 

certificate’’ to refer generally to all those 

who hold airmen certificates, including 

pilots, flight crewmembers other than 

pilots (such as flight engineers), and 

airmen other than flight crewmembers 

(such as air traffic control tower 

operators and mechanics). When we use 

the term ‘‘pilot certificate’’ in this 

preamble, we are referring only to 

pilots, not to student pilots, flight 

instructors, flight engineers, or ground 

instructors who are also regulated under 

part 61 of Title 14 of the Code of Federal 

Regulations (14 CFR part 61). The 

airman certificate must—

• Contain the name, address, and 

description of the individual to whom 

the certificate is issued; 

• Contain any necessary terms, 

conditions, and limitations; and 

• Specify the capacity in which the 

holder of the certificate may serve as an 

airman with respect to an aircraft. 

The current regulations and 

procedures for getting an airman 

certificate usually require that an 

applicant pass both a knowledge test 

and a flight or practical test. The 

applicant sends the application and 

supporting documents to an FAA 

designee, who in turn sends the 

application to an FAA Flight Standards 

District Office for review. Alternatively, 

the applicant may appear before an FAA 

inspector in the District Office. The 

District Office forwards the documents 

to the Registry where the documents are 

reviewed for compliance with the 

regulations. If the Registry accepts the 

documents, it issues the airman 

certificate and mails it to the applicant. 

The FAA Drug Enforcement 

Assistance Act amended section 44703 

to direct the FAA to modify the system 

for issuing airman certificates to pilots 

to make the system more effective in 

serving the needs of pilots and officials 

responsible for enforcement of laws 

relating to the regulation of controlled 

substances. The Act identified a number 

of deficiencies and abuses that the 

modifications must address, including 

the use of counterfeit and stolen airman 

certificates by pilots and the submission 

of unidentifiable names of individuals 

on applications for registration of 

aircraft. The Act also amended section 

44703 to require the FAA to prescribe 

regulations to address the abuses and 

deficiencies. 

In 2002, the FAA revised the pilot 

certificate requirements of part 61 to 

require a person to carry photo 

identification when exercising the 

privileges of the pilot certificate and to 

present photo identification when 

requested by law enforcement officials. 

See 67 FR 65858, October 28, 2002. 

These changes address security and law 

enforcement concerns regarding the 

identification of pilots. Also, in July 

2003, the FAA discontinued issuing 

paper airman certificates and began 

issuing airman certificates that 

incorporate a number of security 

features. The new certificates are made 

of high-quality plastic card stock and 

include micro printing, a hologram, and 

an ultraviolet-sensitive layer that 

contains certain words and phrases. 

These new certificates greatly reduce 

the ability to create counterfeit airman 

certificates. 

As far as airman certificates issued 

since July 2003 are concerned, these 

measures address the problem of 

counterfeit and stolen airman 

certificates. However, there is no 

requirement that a holder of a paper 

airman certificate get a new plastic 

certificate. So the outstanding paper 

certificates are all subject to a higher 

risk of counterfeiting for the foreseeable 

future. If there were a requirement for a 

holder of a paper certificate to 

periodically get a re-issued certificate, 

such as is the case with driver’s licenses 

issued by most States, the problem of 

potential counterfeiting would gradually 

diminish over time. However, there is 

currently no reissuance requirement for 

most airman certificates. 

For this reason, the FAA is proposing 

that the holder of a paper pilot 

certificate may not exercise the 

privileges of the paper certificate after 

two years from the date of adoption of 

the final rule. After the two-year period, 

only an FAA-issued plastic pilot 

certificate may be used to exercise 

piloting privileges. The proposal would 

not revoke or otherwise cancel a paper 

certificate. It would simply require the 

pilot to have the plastic certificate to 

exercise the attendant privileges. 

We believe that two years is a 

reasonable time to allow for the 

replacement of pilot certificates by those 

who want to act as a pilot after the twoyear period without interruption. (A 

person may apply for a plastic 

certificate after the two-year period, but 

he or she would not be able to exercise 

piloting privileges until he or she 

obtained the plastic certificate.) We are 

assuming that applications for the 

plastic replacement certificate would be 

evenly spread out through the two-year 

period. If all pilots waited until close to 

the end of the two-year period to apply 

for the replacement certificate, there 

would undoubtedly be delays in 

processing and receipt of the new 

certificate. The two-year period balances 

our ability to receive and process 

applications for replacement 

certificates, to maintain our existing 

range of services, and to reduce the risk 

of counterfeiting of paper certificates. 

To effect this change, we are 

proposing to add new 14 CFR 61.19(h), 

titled, ‘‘Duration of pilot certificates.’’

Readers should note that the NPRM 

would not require a holder of a paper 

pilot certificate to surrender the 

certificate when getting the new plastic 

certificate. The paper certificate would 

not authorize the holder to exercise 

piloting privileges, but those who wish 

to retain it may do so. The fee for 

replacing an existing paper certificate 

would be $2.00. This nominal fee would 

defray part of the Registry’s cost of 

replacing the approximately 440,000 

existing paper pilot certificates. At the 

same time, the $2.00 fee would not be 

an undue burden on individuals. The 

NPRM would not apply to student pilot 

certificates or flight instructor 

certificates. Under existing regulations, 

these certificates expire 24 calendar 

months from the month in which they 

are issued or renewed. See 14 CFR 

61.19(b) and (d). 

We are also proposing that ground 

instructors, flight crewmembers other 

than pilots (regulated under 14 CFR part 

63) and airmen other than flight 

crewmembers (regulated under 14 CFR 

part 65) who hold paper airmen 

certificates may not exercise the 

privileges of the paper certificates after 

five years from the effective date of the 

final rule. After the five-year period, 

only an FAA-issued plastic airmen 

certificate could be used to exercise 

these privileges. The proposal would 

not revoke or otherwise cancel a paper 

certificate. It would simply require the 

airman to have the plastic certificate to 

exercise the attendant privileges. 

Although the FAA Drug Enforcement 

Assistance Act only addressed pilot 

certificates, we are proposing a parallel 

change for these other airmen 

certificates under the FAA’s general 

rulemaking authority. Ground 

instructors and part 63 and part 65 


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492 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 

airmen play an essential role in the 

functioning of the civil aviation system. 

We would be remiss if we did not also 

seek to address any potential problems 

associated with accurate identification 

of these airman certificate holders. A 

mechanic or flight engineer would have 

access to aircraft and have opportunities 

to participate in drug smuggling 

activities, such as concealment of drugs 

on the aircraft. 

To effect these changes, we are 

proposing to revise existing 14 CFR 

61.19(e) and add new 14 CFR 63.15(d) 

and 65.15(d). As is the case with pilot 

certificates, replacement of these 

certificates would cost the holder $2.00. 

To make the replacement process as 

quick and easy as possible, the Registry 

has recently set up a system that allows 

a certificate holder to request a 

replacement certificate using the 

Internet. Certificate holders may access 

this system by going to the following 

address: https://amsrvs.registry.faa.gov/ 

amsrvs. 

Aircraft Registration 

Under the FAA’s authorizing 

legislation, a person may operate an 

aircraft in the United States only when 

the aircraft is registered under 49 U.S.C. 

44103, with three exceptions. One 

exception allows operation of an aircraft 

for a reasonable period of time after 

transfer of ownership until the new 

owner completes the registration 

process. See 49 U.S.C. 44101(b)(3). 

The current regulations for aircraft 

registration (14 CFR part 47) require an 

aircraft seller to fill in the reverse side 

of the aircraft registration certificate 

with the name and address of the buyer 

and return it to the Registry in 

Oklahoma City. To operate the newly 

purchased U.S. civil aircraft, the buyer 

must complete an application for 

aircraft registration and send it with 

evidence of ownership, such as a bill of 

sale, to the Registry (§ 47.31(a)). Once 

the Registry examines the application 

and supporting documents for legibility 

and compliance with part 47, it issues 

an aircraft registration certificate to the 

new owner. It typically takes 30 to 40 

days to issue an aircraft registration 

certificate if there are no complications. 

During this review period (or for up to 

90 days), the buyer may operate the 

aircraft under temporary authority by 

retaining a duplicate copy of the 

registration application—the so-called 

‘‘pink slip.’’ The buyer must carry the 

pink slip in the aircraft as evidence of 

temporary authority to operate the 

aircraft without a certificate of 

registration. The buyer can take 

advantage of this temporary operating 

authority only after sending the aircraft 

registration package to the Registry 

(§ 47.31(b)). The current requirements, 

including the ability to operate an 

aircraft under temporary authority based 

on the pink slip, were established to 

provide a smooth transfer of ownership 

that would not unduly restrict operation 

of the aircraft during processing of an 

application for registration. 

The Act authorizes the FAA to modify 

the system for registering and recording 

conveyances to make the system more 

effective in serving the needs of buyers 

and sellers of aircraft and of officials 

responsible for enforcement of laws 

relating to the regulation of controlled 

substances. See 49 U.S.C. 44111. The 

Act identified a number of deficiencies 

and abuses that the modifications must 

address, including the practice of 

allowing temporary operation and 

navigation of aircraft without issuance 

of a certificate of registration and 

submission of unidentifiable names of 

individuals on applications for 

registration of aircraft. The Act also 

authorized the FAA to prescribe 

regulations to address the abuses and 

deficiencies. 

The FAA has taken a number of steps 

to address the period after sale or 

transfer of ownership and before 

application is made for registration. A 

document index is now available online at the Registry Web site (http:// 

registry.faa.gov) or through an inquiry to 

the FAA Law Enforcement Assistance 

Program. The index, which is updated 

daily, tells whether the Registry has 

received documents related to a specific 

aircraft. The FAA Law Enforcement 

Assistance Program can retrieve all 

documents associated with an aircraft in 

a matter of minutes. If there is any 

question as to the ownership of an 

aircraft, the documents can be 

forwarded to the appropriate law 

enforcement organization. 

If law enforcement personnel are 

questioning the operator of an aircraft 

who is using a pink slip, they can check 

the document index to determine if 

documents have been received for that 

aircraft. If no documents are shown in 

the index, then there is increased 

likelihood the aircraft is being operated 

in an unauthorized manner. Also, the 

entire aircraft registry database is 

available on-line at the Registry Web 

site. When an aircraft is sold, the seller 

must notify the Registry of the sale, and 

the Registry identifies the aircraft as 

‘‘sale reported’’ until it processes the 

buyer’s registration application. The 

Registry updates this information daily. 

Anyone can check an aircraft’s 

registration through the Registry Web 

site to see if the aircraft is identified as 

‘‘sale reported.’’ The Registry contains 

over 25 million pages of aircraft 

information in digital format. 

Our current regulations at 14 CFR 

47.31(a) require each applicant for 

aircraft registration to send the 

registration application to the Registry. 

Paragraph (b) of the same section allows 

the applicant to carry the pink slip in 

the aircraft as temporary authority to 

operate it after complying with 

paragraph (a). (Emphasis added.) To use 

the pink slip as temporary operating 

authority, the aircraft operator must 

have already sent the registration 

application to the Registry. It is not legal 

to operate the aircraft under a pink slip 

if the operator has not sent the 

registration application to the Registry. 

In spite of current regulatory 

requirements and the administrative 

actions we have taken, as outlined 

above, we still have a concern about the 

accuracy of ownership information 

contained in the Registry. Those who 

transfer ownership of U.S.-registered 

aircraft may not be notifying the 

Registry of the transfer in a timely 

fashion. The effectiveness of the 

Registry’s document index and aircraft 

registry database depends on the 

accuracy and timeliness of the 

information they contain. If a law 

enforcement agency investigating an 

aircraft goes to the index or the database 

for ownership information, and the 

information does not reflect a recent 

transfer of ownership, the investigation 

may be stymied or delayed. For this 

reason, we are proposing an amendment 

to 14 CFR 47.41(b) that would require 

the person selling, or otherwise 

transferring ownership of, a U.S.- 

registered aircraft to return the 

certificate of aircraft registration to the 

Registry within five days of sale or 

transfer. 

We believe that five days is a 

reasonable amount of time to complete 

the reverse side of the certificate and 

send it to the Registry. It achieves a 

balance between our need to have 

accurate, up-to-date information in the 

Registry for the use of law enforcement 

agencies and our desire not to unduly 

burden individuals. We specifically 

request comments from the public, 

particularly owners of U.S.-registered 

aircraft, concerning whether this is a 

reasonable time frame. 

To address the problem of the 

submission of illegible names of 

individuals on applications for 

registration of aircraft, we are proposing 

to require each applicant to provide a 

printed or typed name with his or her 

signature. The Registry has already 

included this requirement in the 

instructions for completing the aircraft 

registration application. We are 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 493 

proposing to add it to our regulations to 

bolster our authority to reject 

applications that contain illegible 

names. To effect this change, we are 

modifying a previously undesignated 

portion of 14 CFR 47.31 that appears 

between existing paragraphs (a) and (b). 

Currently, the FAA rejects an 

application if it is not completed or if 

the name and signature on the 

application are not the same throughout. 

Under this proposal, the currently 

undesignated provision would become 

new 14 CFR 47.31(b) and would include 

the requirement for a printed or typed 

name under the signature. Existing 

paragraphs (b) and (c) would be 

redesignated as paragraphs (c) and (d). 

Paperwork Reduction Act 

This proposal contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. § 3507(d)), the FAA has 

submitted the information requirements 

associated with this proposal to the 

Office of Management and Budget for its 

review. 

Title: Drug Enforcement Assistance. 

Summary: Two years after the final 

rule becomes effective, paper pilot 

certificates may no longer be used to 

exercise piloting privileges. Five years 

after the final rule becomes effective, 

certain other paper airmen certificates, 

such as those of flight engineers and 

mechanics, may no longer be used to 

exercise the privileges authorized by 

those certificates. To exercise the 

privileges after those respective dates, 

the airmen would have to hold 

upgraded, counterfeit-resistant plastic 

certificates. 

Use: These changes are responsive to 

concerns raised in the FAA Drug 

Enforcement Assistance Act. The 

purpose of the changes is to upgrade the 

quality of data and documents to assist 

Federal, State, and local agencies to 

enforce the Nation’s drug laws. 

Respondents (including number of): 

The FAA estimates that there are 

900,000 active airmen, of which 450,000 

are pilots. 

Frequency: This is a one-time 

requirement. 

Annual Burden Estimate: Each airman 

having a paper certificate would need to 

provide the FAA, the Airmen 

Certification Branch at the Civil 

Aviation Registry, with the appropriate 

paperwork. This can be done either 

through the mail or electronically. The 

fee for this new replacement certificate 

is $2. The FAA assumes that it will take 

no more than five minutes for each 

airman to process the paperwork; the 

total cost to each airman would be about 

$3. Five-year costs range from $2.80 

million ($2.42 million, discounted) to 

$4.43 million ($3.82 million, 

discounted). 

The agency is soliciting comments 

to—

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Individuals and organizations may 

submit comments on the information 

collection requirement by March 6, 

2007, and should direct them to the 

address listed in the ADDRESSES section 

of this document. Comments also 

should be submitted to the Office of 

Information and Regulatory Affairs, 

OMB, New Executive Building, Room 

10202, 725 17th Street, NW., 

Washington, DC 20053, Attention: Desk 

Officer for FAA. 

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 OMB 

control number. The OMB control 

number for this information collection 

will be published in the Federal 

Register, after the Office of Management 

and Budget approves it. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, FAA’s policy is to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Economic Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs 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 requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (19 U.S.C. 2531–2533) 

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, to 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). The 

FAA currently uses an inflationadjusted value of $128.1 million in lieu 

of $100 million. 

In conducting these analyses, FAA 

has determined this rule: (1) Has 

benefits that justify its costs, is not a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, but is ‘‘significant’’ under 

DOT’s Regulatory Policies and 

Procedures; (2) will not have a 

significant economic impact on a 

substantial number of small entities; (3) 

will not affect international trade; and 

does not impose an unfunded mandate 

on state, local, or tribal governments, or 

on the private sector. These analyses, 

available in the docket, are summarized 

below. 

Total Costs and Benefits of This 

Rulemaking 

Total estimated costs, over five years, 

to replace paper certificates with plastic, 

range from a low of $3.73 million ($3.22 

million, discounted) to $5.91 million 

($5.09 million, discounted). These are 

the estimated costs that the rule would 

impose on the government and the 

private sector by requiring replacement 

of paper certificates with plastic. 

Reliable data is not available upon 

which to quantify benefits. However, 

this proposed rule is mandated by 

statute; consequently, the American 

people, through their elected officials, 

have established that the benefits justify 

the costs. 

Who Is Potentially Affected by This 

Rulemaking 

Private Sector 

All airmen who currently have paper 

certificates that want to continue to be 

able to exercise those privileges. 


cprice-sewell on PROD1PC66 with PROPOSALS
494 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 

Government 

The Civil Aviation Registry would 

need to process an estimated 545,900 to 

863,900 certificates because of the rule. 

Our Cost Assumptions and Sources of 

Information 

• Discount rate—7%; 

• Period of analysis—2006 through 

2010; 

• All monetary values are expressed 

in 2005 dollars; 

• There are currently 900,135 paper 

certificates for airmen—of these, almost 

450,000 are pilots, while the balance are 

other airmen; all but those that would 

normally be issued for replacement and 

additional ratings without the proposed 

rule and those that are currently held by 

certified flight instructors (CFI) would 

need to be replaced by the rule. 

• By the start of 2006 the FAA 

estimates that the number of paper 

certificates would be reduced to 863,859 

because pilots and airmen are currently 

being issued plastic certificates due to 

replacements and additional ratings. 

• The FAA assumes that an equal 

number of certificates would be 

replaced each year. For pilots, 

approximately 208,700 would be 

replaced in each of the first two years, 

and for all other airmen, approximately 

89,300 would be replaced each year; 

• The FAA considered a low cost and 

high cost scenario. 

• The time for an airman to fill out 

the Pilot Certificate Reissuance Form is 

five minutes. The FAA believes that the 

actual amount of time is probably less 

than this, but is using five minutes 

uniformly so as to be conservative and 

not underestimate costs; 

• Airman’s time is costed out at 

$37.76 per hour; 

• An FG–10 time is costed out at 

$33.09 per hour; and 

• An FG–6 time is costed out at 

$22.11 per hour. 

Low Cost Scenario Assumptions 

• Not all replacements can be 

attributed to the rule. 

• The FAA assumes that 

approximately 56,200 airmen 

certificates would be replaced each year 

without the rule. 

• In addition, the FAA assumes that 

approximately 48,000 certificates would 

be issued annually for additional ratings 

on an existing certificate. 

• 65% of both the replacement and 

new certificates issued for additional 

ratings are for pilots. 

• Without the rule, each year 

approximately 36,500 pilot certificates 

would be replaced and approximately 

31,200 pilot certificates would be issued 

for additional ratings. Of the 

approximately 208,700 pilot certificates 

that must be replaced, approximately 

67,800 would be replaced without the 

rule and therefore approximately 

140,900 would have to be replaced 

because of the rule in each of the first 

two years. 

• 35% of both the replacement and 

new certificates issued for additional 

ratings are for other airmen. 

• Without the rule, each year 

approximately 19,700 other airmen 

certificates would be replaced and 

approximately 16,800 other airmen 

certificates would be issued for 

additional ratings. Of the approximately 

89,300 other airmen certificates that 

would be replaced each year, 

approximately 36,500 would be 

replaced without the rule and 

approximately 52,800 would have to be 

replaced because of the rule in each of 

the first five years. 

High Cost Scenario Assumption 

• Assumes that airmen would not 

replace or upgrade paper certificates 

without the rule. 

Benefits of This Rulemaking 

Congress has determined that, at the 

present time, the smuggling of drugs 

into the United States by general 

aviation aircraft is a major contributing 

factor in the illegal drug crisis facing the 

nation. As a result of that determination, 

the Congress expanded the mission of 

the FAA to include assisting law 

enforcement agencies in the 

enforcement of laws regulating 

controlled substances, to the extent 

consistent with aviation safety. 

The Congress has stated in the DrugFree America Policy of the Drug 

Enforcement Assistance Act of 1988 that 

the total cost of drug use to the economy 

is estimated to be over $100 billion 

annually. Were this rule to reduce 

society’s economic cost of drug use by 

approximately 1/85,000th for the high 

cost scenario or 1/134,000th for the low 

cost scenario over five years, that 

achievement would approximately 

equal the estimated cost to society of 

these regulatory changes. The FAA 

believes that such a reduction is 

achievable. Congress, which reflects the 

will of the American public, has 

determined that this proposed action is 

in the best interest of the nation. 

Costs of This Rulemaking 

The FAA assumes that an equal 

number of paper airmen certificates will 

be replaced each year. The FAA projects 

that there will be about 417,300 pilots 

who will still hold paper certificates at 

the start of 2006, so the FAA assumes 

that about 208,700 would get their new 

plastic certificate in 2006 and in 2007. 

Excluding the CFI’s, about 446,500 other 

individuals with airman certificates 

would need to replace their certificates 

over a 5 year period, or about 89,300 a 

year. 

The FAA has considered two cost 

scenarios. The first low cost scenario 

assumes that, since some airmen have 

been replacing their paper certificates 

with the new plastic certificates either 

because they have requested 

replacement certificates or because they 

have received new certificates after 

attaining additional ratings, they would 

continue to do so without the rule. The 

cost that these pilots would incur to 

replace their certificates cannot be 

considered a cost of the proposed rule, 

since they would replace their 

certificates without the rule. The second 

high cost scenario assumes that no 

pilots or airmen would replace their 

paper certificates with plastic 

certificates unless the rule required 

them to do so. 

Low Cost Scenario 

In this scenario, we assume that 

without the rule, approximately 36,500 

pilots and about 19,700 other airmen 

would replace their certificates 

annually. Further, some airmen acquire 

a new certificate because they earn 

additional ratings. We estimate that 

approximately 31,200 pilots and about 

16,800 other airmen would earn 

additional ratings annually and be 

issued a new plastic certificate to reflect 

these additional ratings. Since this 

would occur regardless of the proposed 

rule, the cost to replace these certificates 

would not be considered a cost of the 

rule. 

To summarize, approximately 67,800 

pilots would acquire plastic certificates 

annually regardless of the proposed 

rule. In each of the first two years, 

approximately 140,900 pilots would 

have to replace their certificates because 

of the proposed rule (208,700 minus 

68,000). In addition, approximately 

36,500 other airmen would acquire 

plastic certificates annually regardless 

of the proposed rule. In each of the first 

five years, approximately 52,800 other 

airmen would have to replace their 

certificates because of the proposed rule 

(89,300 minus 36,500). This scenario 

may underestimate costs because it 

assumes that replacements and 

upgrades that would occur regardless of 

the proposed rule would always replace 

paper certificates. However, once paper 

certificates become replaced with 

plastic, some of the later replacements/ 

upgrades not related to the rule, would 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 495 

involve replacement/upgrades of plastic 

certificates. 

High Cost Scenario 

In this scenario the FAA assumes that 

there would be no replacements or 

upgrades without the rule and that the 

cost of the proposed rule would be the 

cost to replace all paper certificates that 

exist as of the start of 2006 (which is 

when we assume the rule will take 

effect). Therefore, the FAA assumes that 

in each of the first two years, 

approximately 208,700 pilots would 

have to replace their paper certificates 

with plastic, and that these costs are 

attributed completely to the proposed 

rule. The FAA also assumes that in each 

of the first five years, approximately 

89,300 other airmen would have to 

replace their paper certificates with 

plastic because of the proposed rule. 

This is an extremely conservative 

scenario, which overestimates cost. 

Costs 

There are two sets of costs associated 

with replacing the current paper 

certificates, one for airmen and one for 

the Government. 

Airmen Costs 

Each airman having a paper certificate 

would need to provide the FAA, the 

Airmen Certification Branch at the Civil 

Aviation Registry with the appropriate 

paperwork. This can be done either 

through the mail or electronically. The 

fee for this new replacement certificate 

is $2. The FAA assumes that it will take 

no more than five minutes for each 

airman to process the paperwork; the 

total cost to each airman would be about 

$3. Five-year costs range from $2.87 

million ($2.47 million, discounted) to 

$4.54 million ($3.90 million, 

discounted). The lower cost represents 

the low cost scenario; the higher cost 

represents the high cost scenario. 

Government Costs 

There are several steps involved with 

the FAA processing a request for a 

duplicate airman certificate. These steps 

include different grade levels and/or 

contract costs and includes Legal 

Instruments Examiners as well as 

contractors who would preprocess and 

scan the images, index the image, 

review the certificate for accuracy, and 

print and mail the certificates. The total 

costs per new certificate sum to $3.59. 

However, airmen would pay $2 for the 

certificate and therefore the net cost to 

the government would be $1.59 per 

certificate; five-year costs range from 

$867,900 ($749,300, discounted) to 

$1.37 million ($1.18 million 

discounted). The lower cost represents 

the low cost scenario; the higher cost 

represents the high cost scenario. 

Total costs, over five years, to replace 

the existing paper certificates range 

from $3.73 million ($3.22 million, 

discounted) to $5.91 million ($5.09 

million, discounted). The lower cost 

represents the low cost scenario; the 

higher cost represents the high cost 

scenario. 

Initial Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

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 Act. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the 1980 RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

This rule affects aircraft owners, 

through part 47, and pilots, through 

parts 61, 63, and 65. 

The change to part 47 would affect all 

aircraft owners. However, as stated 

above, they have always been required 

to send in the registration package upon 

purchase of a new aircraft; this proposal 

does not impose any new requirements 

on new aircraft owners. Accordingly, 

there are no additional costs for these 

owners. 

The changes to parts 61, 63, and 65 

would impose an estimated $5 in 

compliance costs on pilots applying for 

certificate reissuances. This cost covers 

the costs for the postage, applicant’s 

time, and the $2 reissuance fee charged 

to pilots. However, pilots are not small 

entities and are not covered by the 

Regulatory Flexibility Act. The FAA 

recognizes that there are one-man 

businesses that provide aviation 

services; however, the cost of this 

proposed rule to them would be 

negligible and, therefore, not significant. 

Thus, the FAA certifies that this 

proposal would not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. 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 

NPRM and has determined that it would 

have only a domestic impact and 

therefore no affect on any tradesensitive activity. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (the Act) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act 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 (adjusted 

annually for inflation) 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 inflationadjusted value of $128.1 million in lieu 

of $100 million. 

This proposed rule does not contain 

such a mandate. The requirements of 

Title II do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this NPRM 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

determined that this NPRM does not 

have federalism implications. 


cprice-sewell on PROD1PC66 with PROPOSALS
496 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 

Plain English 

Executive Order 12866 (58 FR 51735, 

Oct. 4, 1993) requires each agency to 

write regulations that are simple and 

easy to understand. We invite your 

comments on how to make these 

regulations easier to understand, 

including answers to questions such as 

the following: 

• Are the requirements in the 

regulations clearly stated? 

• Do the regulations contain technical 

language or jargon that interferes with 

their clarity? 

• Would the regulations be easier to 

understand if they were divided into 

more (but shorter) sections? 

• Is the description in the preamble 

helpful in understanding the 

regulations? 

Please send your comments to the 

address specified in the ADDRESSES

section. 

Environmental Analysis 

FAA Order 1050.1E 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 proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312d and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects 

14 CFR Part 47 

Aircraft, Reporting and recordkeeping 

requirements. 

14 CFR Part 61 

Aircraft, Airmen, Alcohol abuse, Drug 

abuse, Recreation and recreation areas, 

Reporting and recordkeeping 

requirements, Teachers. 

14 CFR Part 63 

Aircraft, Airmen, Alcohol abuse, Drug 

abuse, Navigation (air), Reporting and 

recordkeeping requirements. 

14 CFR Part 65 

Air traffic controllers, Aircraft, 

Airmen, Airports, Alcohol abuse, Drug 

abuse, Reporting and recordkeeping 

requirements. 

The Proposed Amendments 

In consideration of the foregoing the 

Federal Aviation Administration 

proposes to amend Chapter I of Title 14 

Code of Federal Regulations as follows: 

PART 47—AIRCRAFT REGISTRATION 

1. The authority citation for part 47 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113–40114, 

44101–44108, 44110–44111, 44703–44704, 

44713, 45302, 46104, 46301; 4 U.S.T. 1830. 

2. Redesignate existing paragraphs (b) 

and (c) as (c) and (d) and the 

undesignated text following paragraph 

(a)(3) is designated as a new paragraph 

(b) and revised to read as follows: 

§ 47.31 Application. 

* * * * * 

(b) The FAA rejects an application 

when—

(1) Any form is not completed; 

(2) The name and signature of the 

applicant are not the same throughout; 

or 

(3) The applicant does not provide a 

legibly printed or typed name with the 

signature in the signature block. 

* * * * * 

3. Amend § 47.41 by revising 

paragraph (b) to read as follows: 

§ 47.41 Duration and return of Certificate. 

* * * * * 

(b) The Certificate of Aircraft 

Registration, with the reverse side 

completed, must be returned to the FAA 

Aircraft Registry—

(1) Within 5 days in the case of 

registration under the laws of a foreign 

country, by the person who was the 

owner of the aircraft before foreign 

registration; 

(2) Within 60 days after the death of 

the holder of the certificate, by the 

administrator or executor of his estate, 

or by his heir-at-law if no administrator 

or executor has been or is to be 

appointed; or 

(3) Within 5 days of the termination 

of the registration, by the holder of the 

Certificate of Aircraft Registration in all 

other cases mentioned in paragraph (a) 

of this section. 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

4. The authority citation for part 61 

continues to read as follows: 

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

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

5. Amend § 61.19 by: 

A. Revising paragraph (e); and 

B. By adding new paragraph (h) to 

read as follows: 

§ 61.19 Duration of pilot and instructor 

certificates. 

* * * * * 

(e) Ground instructor certificate. 

(1) A ground instructor certificate 

issued under this part is issued without 

a specific expiration date. 

(2) The holder of a paper certificate 

issued under this part may not exercise 

the privileges of that certificate after 

[DATE 5 YEARS AND 30 DAYS FROM 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. 

* * * * * 

(h) Duration of pilot certificates. The 

holder of a paper certificate issued 

under this part may not exercise the 

privileges of that certificate after [DATE 

2 YEARS AND 30 DAYS FROM DATE 

OF PUBLICATION IN THE FEDERAL 

REGISTER]. 

PART 63—CERTIFICATION: FLIGHT 

CREWMEMBERS OTHER THAN 

PILOTS 

6. The authority citation for part 63 

continues to read as follows: 

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

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

7. Amend § 63.15 by adding new 

paragraph (d) to read as follows: 

§ 63.15 Duration of certificates. 

* * * * * 

(d) The holder of a paper certificate 

issued under this part may not exercise 

the privileges of that certificate after 

[DATE 5 YEARS AND 30 DAYS FROM 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. 

PART 65—CERTIFICATION: AIRMEN 

OTHER THAN FLIGHT 

CREWMEMBERS 

8. The authority citation for part 65 

continues to read as follows: 

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

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

9. Amend § 65.15 by adding new 

paragraph (d) to read as follows: 

§ 65.15 Duration of certificates. 

* * * * * 

(d) The holder of a paper certificate 

issued under this part may not exercise 

the privileges of that certificate after 

[DATE 5 YEARS AND 30 DAYS FROM 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules 497 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. 

Issued in Washington, DC, on December 

27, 2006. 

James Ballough, 

Director, Flight Standards Service. 

[FR Doc. 06–9989 Filed 1–4–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. 2004P–0464] 

Food Labeling: Health Claims; Calcium 

and Osteoporosis, and Calcium, 

Vitamin D, and Osteoporosis 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

amend the regulation authorizing a 

health claim on the relationship 

between calcium and a reduced risk of 

osteoporosis to: Include vitamin D so 

that, in addition to claims for calcium 

and osteoporosis, additional claims can 

be made for calcium and vitamin D and 

osteoporosis; eliminate the requirement 

in § 101.72(c)(2)(i)(A) (21 CFR 

101.72(c)(2)(i)(A)) that the claim list sex, 

race, and age as specific risk factors for 

the development of osteoporosis; 

eliminate the requirement in 

§ 101.72(c)(2)(i)(B) that the claim does 

not state or imply that the risk of 

osteoporosis is equally applicable to the 

general U.S. population, and that the 

claim identify the populations at 

particular risk for the development of 

osteoporosis; eliminate the requirement 

in § 101.72(c)(2)(i)(C) that the claim 

identify the mechanism by which 

calcium reduces the risk of osteoporosis 

and instead make it optional; and 

eliminate the requirement in 

§ 101.72(c)(2)(i)(E) that the claim 

include a statement that reflects the 

limit of the benefits derived from 

dietary calcium intake, when the level 

of calcium in the food exceeds a set 

threshold level. FDA is taking these 

actions, in part, in response to a health 

claim petition submitted by The 

Beverage Institute for Health and 

Wellness, LLC. Elsewhere in this issue 

of the Federal Register, FDA is 

withdrawing certain proposed 

amendments to a proposed rule that 

published in the Federal Register of 

December 21, 1995 (60 FR 66206) 

related to the calcium and osteoporosis 

health claim. 

DATES: Submit written or electronic 

comments by March 21, 2007. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2004P–0464, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 

Electronic Submissions portion of this 

paragraph. 

Instructions: All submissions received 

must include the agency name and 

Docket No(s). and Regulatory 

Information Number (RIN) (if a RIN 

number has been assigned) for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm, including any personal 

information provided. For additional 

information on submitting comments, 

see the ‘‘Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm and insert the docket 

number(s), found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Jillonne Kevala, Center for Food Safety 

and Applied Nutrition (HFS–830), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740–

3835, 301–436–1450. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Petition and Grounds for Amending 

the Health Claim on Calcium and 

Osteoporosis 

A. The Petition 

B. Nature of the Substance 

III. Review of Scientific Evidence of the 

Substance-Disease Relationship 

A. Basis for Evaluating the 

Relationship between Calcium and 

Vitamin D and Osteoporosis 

B. Review of the Scientific Evidence 

of the Substance-Disease 

Relationship 

IV. Decision to Amend the Calcium and 

Osteoporosis Health Claim 

A. Addition of Vitamin D 

B. Amendments to the Calcium and 

Osteoporosis Health Claim Other 

than the Inclusion of Vitamin D 

C. Elimination of the Requirement to 

List Race, Age and Sex as Risk 

Factors for the Development of 

Osteoporosis 

D. Elimination of the Requirement 

that the Claim Not State or Imply 

that the Risk of Osteoporosis is 

Equally Applicable to the General 

Population, and that the Claim 

Identify the Populations at 

Particular Risk for the Development 

of Osteoporosis 

E. Elimination of the Requirement 

that the Claim Identify the 

Mechanism by Which Calcium 

Reduces the Risk of Osteoporosis 

F. Elimination of the Requirement in 

§ 101.72(c)(2)(i)(E) that Certain 

Products Bearing the Claim Include 

a Statement that Reflects the Limits 

on the Benefits from Calcium 

V. Description of Modifications to 

§ 101.72 

A. Title of the Regulation 

B. General Requirements 

VI. Analysis of Economic Impacts 

A. Preliminary Regulatory Impact 

Analysis 

B. Small Entity Analysis (or Initial 

Regulatory Flexibility Analysis) 

VII. Environmental Impact 

VIII. Paperwork Reduction Act 

IX. Federalism 

X. Comments 

XI. References 

I. Background 

The Nutrition Labeling and Education 

Act of 1990 (NLEA) (Public Law 101–

535) amended the Federal Food, Drug, 

and Cosmetic Act (the act) in a number 

of important ways. The NLEA clarified 

FDA’s authority to regulate health 

claims on food labels and in food 

labeling by amending the act to add 

section 403(r) to the act (21 U.S.C. 

343(r)). Section 403(r) specifies, in part, 


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