56822 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No.: FAA–2013–0780; Amdt. No. 

61–131] 

RIN 2120–AK23 

Certified Flight Instructor Flight 

Reviews; Recent Pilot in Command 

Experience; Airmen Online Services 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This rule permits an airman 

who passes a practical test for issuance 

of a flight instructor certificate, a 

practical test for the addition of a rating 

to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate to meet the 24- 

calendar month flight review 

requirements. This rule also clarifies 

that the generally applicable recent 

flight experience requirements do not 

apply to a pilot in command who is 

employed by a commuter or on-demand 

operator if the pilot in command is in 

compliance with the specific pilot in 

command qualifications and recent 

experience requirements for that 

commuter or on-demand operator. 

Finally, this rule permits replacement 

airman and medical certificates to be 

requested online, or by any other 

method acceptable to the Administrator. 

These changes relieve regulatory 

burdens and clarify existing regulations. 

DATES: Effective Date: November 15, 

2013. 

Submit comments on or before 

October 16, 2013. If the FAA receives an 

adverse comment or notice of intent to 

file an adverse comment, the FAA will 

advise the public by publishing a 

document in the Federal Register before 

the effective date of this direct final 

rule. This document may withdraw the 

direct final rule in whole or in part. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2013–0780 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 (DOT), 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. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/

privacy. 

Docket: Background documents or 

comments received may be read at 

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

Follow the online instructions for 

accessing the docket or 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 

action, contact Allan G. Kash, Airmen 

Certification and Training Branch, 

Flight Standards Service, AFS–810, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

385–9621; email allan.g.kash@faa.gov. 

For legal questions concerning this 

action, contact Anne Moore, Office of 

the Chief Counsel—International Law, 

Legislation, and Regulations Division, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3123; email 

anne.moore@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

447—Safety Regulation. Under that 

section, the FAA is charged with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

necessary for safety and prescribing 

regulations for the issuance of airman 

certificates. This final rule is within the 

scope of that authority. 

The Direct Final Rule Procedure 

The FAA is adopting this rule without 

prior notice and prior public comment 

as a direct final rule because it alleviates 

unnecessary burdens by expanding the 

exceptions to a flight review, removes 

redundant recency requirements for 

pilots flying for certificated operators 

under part 135, and provides a 

regulatory basis for the Airmen 

Certification Branch to provide Airmen 

Online Services. The Regulatory 

Policies and Procedures of the 

Department of Transportation (DOT) (44 

FR 1134, February 26, 1979) provide 

that, to the maximum extent possible, 

operating administrations for the DOT 

should provide an opportunity for 

public comment on regulations issued 

without prior notice. Accordingly, the 

FAA invites interested persons to 

participate in this rulemaking by filing 

comments, data, or views. The agency 

also invites comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting this final rule. 

This direct final rule will take effect 

on November 15, 2013 unless the FAA 

receives an adverse comment or a notice 

of intent to file an adverse comment 

within the comment period. An adverse 

comment explains why a rule would be 

inappropriate, or would be ineffective or 

unacceptable without a change. It may 

challenge the rule’s underlying premise 

or approach. Under the direct final rule 

process, the FAA does not consider the 

following types of comments to be 

adverse: 

• A comment recommending another 

rule change, in addition to the change 

in the direct final rule at issue. The FAA 

considers the comment adverse, 

however, if the commenter states why 

the direct final rule would be ineffective 

without the change. 

• A frivolous or insubstantial 

comment. 

If the FAA receives an adverse 

comment or notice of intent to file an 

adverse comment, the FAA will advise 

the public by publishing a document in 

the Federal Register before the effective 

date of the final rule. This document 

may withdraw the direct final rule in 

whole or in part. If the FAA withdraws 

a direct final rule because of an adverse 

comment, the FAA may incorporate the 

commenter’s recommendation into 

another direct final rule or may publish 

a notice of proposed rulemaking. 

If the FAA does not receive an 

adverse comment or notice of intent to 

file an adverse comment, the FAA will 

publish a confirmation document in the 

Federal Register, generally within 15 

days after the comment period closes. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56823 

1There are two exceptions to the minimum time 

requirement for a flight review. They are found in 

§ 61.56(b) and (f). Paragraph (b) pertains to a 

reduction of time required for glider pilots and 

paragraph (f) pertains to 1 hour ground training 

credited toward a flight review for successful 

renewal of a flight instructor certificate under 

§ 61.197. 

2Federal Aviation Administration, Conducting an 

Effective Flight Review http://www.faa.gov/pilots/

training/media/flight_review.pdf. 

3Paragraphs (d), (e), and (g) of § 61.56 are the 

three exceptions to this regulatory requirement to 

complete a flight review. The exceptions in 

paragraphs (e) and (g) are not subjects of this 

rulemaking. Under paragraph (e), a person who has, 

within the previous 24 calendar months, 

satisfactorily accomplished one or more phases of 

an FAA-sponsored pilot proficiency award program 

need not accomplish the flight review (14 CFR 

61.56(e). Paragraph (g) is an exception regarding a 

student pilot and remains as it was previously 

written. 

4Legal interpretations can be found on the FAA 

Legal Interpretation & Opinion Web site: http://

www.faa.gov/about/office_org/headquarters_

offices/agc/pol_adjudication/agc200/

Interpretations/. 

5Petition from Robert Hadow, dated April 18, 

2011. Docket No. FAA–2011–0437, http://

www.regulations.gov. 

6For example, Flight Instructor Practical Test 

Standards Book for Airplane, June 2012 (Effective 

December 1, 2012), FAA–S–8081–6D U.S. 

Department of Transportation (with changes 1 & 2), 

Satisfactory Performance No. 6 page 13. 

The confirmation document confirms to 

the public the effective date of the rule. 

See the ‘‘Additional Information’’ 

section for information on how to 

comment on this direct final rule and 

how the FAA will handle comments 

received. The ‘‘Additional Information’’ 

section also contains related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 

I. Discussion of the Direct Final Rule 

Flight Review 

To act as pilot in command of an 

aircraft, § 61.56(c) of Title 14 of the 

Code of Federal Regulations (CFR) 

requires a pilot to have satisfactorily 

completed a flight review in an aircraft 

for which that pilot is rated within 24 

calendar months before the month in 

which the pilot acts as pilot in 

command. The flight review must 

consist of a minimum of 1 hour flight 

training and 1 hour ground training.1

The purpose of the flight review is to 

provide for a regular assessment of pilot 

skills and aeronautical knowledge. 

When the requirement was first 

introduced, the FAA stated that the 

flight review would assure that every 

pilot would have a qualified individual 

comment on his or her competency at 

least once every two years, as discussed 

in 38 FR 3156 (February 1, 1973). The 

flight review also offers pilots the 

opportunity to design a personal 

currency and proficiency program in 

consultation with an authorized flight 

instructor. A flight review may have 

certain standard features, e.g., review of 

specific regulations and procedures; 

however, both the flight review and any 

follow-up plan for training and 

proficiency may be tailored to each 

pilot’s skill, experience, aircraft, and 

personal flying goals.2

Section 61.56 sets forth certain 

exceptions to the requirement for a pilot 

to accomplish a flight review.3 Among 

these exceptions, a person who has, 

within the prescribed 24-month period, 

‘‘passed a pilot proficiency check 

conducted by an FAA examiner, an 

approved pilot check airman, or a U.S. 

Armed Force, for a pilot certificate, 

rating, or operating privilege,’’ need not 

accomplish the required flight review 

required by § 61.56(d). This exception is 

appropriate because a practical test for 

a certificate or rating is administered by 

an FAA examiner in accordance with 

the practical test standards. In addition, 

pilots employed by a part 119 certificate 

holder conducting operations under part 

121 and part 135 receive recurring 

training and proficiency checks, 

conducted by an FAA examiner or 

approved pilot check airman provided 

by their employer, which exceed the 

requirements of a flight review. As 

noted in the regulation above, the FAA 

accepts U.S. Armed Forces proficiency 

checks. The content of the listed 

practical tests and proficiency checks 

typically exceeds the requirements of a 

flight review and satisfies the stated 

objective of the flight review, namely, to 

ensure that a pilot has had a qualified 

individual comment on his or her 

competency at least once every 24 

calendar months. Thus, these pilots 

need not accomplish the flight review of 

§ 61.56(a) as they meet the requirements 

of § 61.56(d). 

In a recent legal interpretation, the 

FAA concluded that a flight instructor 

practical test is not included in the 

listed exceptions in § 61.56(d) because it 

is not a ‘‘pilot proficiency check,’’ Levy 

Interpretation, February 7, 2008.4 The 

FAA explained that, although a flight 

instructor practical test does not 

automatically relieve a pilot of the 

requirement to complete a flight review, 

a person taking a flight instructor 

practical test may request that the test 

be taken in conjunction with a flight 

review at the examiner’s discretion. The 

FAA has received several requests to 

reconsider the Levy Interpretation and 

one request for rulemaking.5

The FAA finds that good cause exists 

to amend § 61.56(d) to include 

successful completion of flight 

instructor practical tests among the 

exceptions to the flight review 

requirement. Applicants for an FAA 

flight instructor certificate are required 

to have the comprehensive knowledge 

and skills necessary to provide 

instruction to airmen seeking pilot 

certificates and ratings. Part 61 specifies 

the areas of operation in which 

knowledge and skill must be 

demonstrated by the applicant before 

the issuance of an FAA flight instructor 

certificate with the associated category 

and class ratings. All practical tests 

administered must meet the knowledge 

and skill standard prescribed by the 

corresponding Flight Instructor Practical 

Test Standards Book published by the 

FAA. 

Although a flight instructor practical 

test is chiefly focused on the pilot’s 

instructional skills, a pilot must 

demonstrate satisfactory performance of 

the procedures and maneuvers selected 

by the examiner—at least to the 

commercial pilot skill level—while 

giving effective instruction.6 Therefore, 

the flight instructor practical test 

standards require the applicant to 

demonstrate not only the knowledge but 

also the skill required of pilots 

completing the practical tests that the 

FAA instructor is authorized to teach. 

As with the other exceptions listed in 

§ 61.56, the requirements for passing an 

FAA flight instructor practical test 

exceed those for a pilot accomplishing 

a flight review and meet the goal of 

ensuring that a pilot’s competency is 

observed by a qualified individual. 

An FAA flight instructor practical test 

places the applicant in the position of 

having the examiner evaluate the 

applicant as the applicant demonstrates 

the procedures and maneuvers 

performed in the practical test to 

commercial pilot practical test 

standards. The flight instructor 

applicant also performs and 

demonstrates selected phases of flight 

during the flight portion of the practical 

test. If the pilot taking a flight instructor 

practical test does not demonstrate the 

safe exercise of the privileges of their 

pilot certificate while instructing, the 

test would not meet commercial pilot 

practical test standards and the 

applicant would not pass the flight 

instructor practical test. 

As previously stated, the flight 

instructor practical test standards 

require an airman to demonstrate and 

simultaneously explain the tasks 

required for the issuance of a pilot 

certificate while meeting commercial 

mstockstill on DSK4VPTVN1PROD with RULES

56824 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

7The FAA has modified the language in 

§ 61.57(e)(1) pertaining to pilots in command 

employed by part 119 certificate holders conducting 

operations under part 125. The revision of 

paragraph (e)(1) results in no substantive change to 

the requirements for part 119 certificate holders 

conducting operations under part 125. 

practical test standards. Industry 

advocacy groups have indicated they 

believe that the flight instructor 

certification covers much more than the 

regulatory requirements of a flight 

review. These groups have indicated 

support for amendment of the 

regulations to allow for a flight 

instructor practical test to be included 

as an exception to completing a flight 

review. The FAA agrees with this view. 

This rule modifies § 61.56(d) to allow an 

airman who passes a practical test for 

issuance of a flight instructor certificate, 

a practical test for the addition of a 

rating to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate to meet the flight 

review requirements of 14 CFR part 61. 

Recent Flight Experience 

Section 61.57 sets forth the recent 

flight experience requirements to act as 

pilot in command of an aircraft. Section 

61.57(e)(2) states that this section does 

not apply ‘‘to a pilot in command who 

is employed by an air carrier certificated 

under part 121 or 135 and is engaged in 

a flight operation under part 91, 121, or 

135 for that air carrier if the pilot is in 

compliance with’’ the pilot-in-command 

requirements in § 121.435 or § 121.436, 

as applicable, and § 121.439 or 

§§ 135.243 and 135.247, as appropriate. 

The FAA has received several requests 

for clarification of whether, under the 

specific language of § 61.57(e)(2), the 

exception applies only to a pilot in 

command employed by the holder of a 

part 119 air carrier certificate or whether 

it also extends to a pilot in command 

employed by the holder of a part 119 

operating certificate. 

When the FAA first proposed this 

exception to the recent flight experience 

requirements in § 61.57, it stated that 

the intention was to provide relief from 

‘‘essentially redundant recency 

requirements’’ for part 121 and part 135 

operators and their pilots in command 

(59 FR 56385, November 14, 1994). In 

that final rule, then-§ 61.57(f) stated that 

the recent flight experience 

requirements in part 61 did not apply 

‘‘to a pilot in command, employed by a 

14 CFR part 121 or part 135 operator, 

engaged in flight operations under 14 

CFR part 91, 121, or 135 for that 

operator.’’ The FAA refined the 

language in a 1997 final rule and, in 

doing so, introduced the term ‘‘air 

carrier’’ in place of the term ‘‘operator’’ 

(62 FR 16220, April 7, 1997). 

The FAA did not intend to limit the 

exception to pilots employed by air 

carriers operating in parts 121 and 135. 

The FAA intended to include any pilot 

in command who is employed by a part 

119 certificate holder authorized to 

conduct operations under part 121 or 

part 135 when the pilot is engaged in 

operations under parts 91, 121, or 135 

for that certificate holder if the pilot in 

command is in compliance with 

§§ 121.435 or 121.436, as applicable, 

and § 121.439 or §§ 135.243 and 

135.247, as appropriate. 

Consequently, the FAA finds that 

good cause exists to amend the language 

in § 61.57(e) to make clear that the 

recent flight experience requirements of 

that section do not apply to a pilot in 

command who is employed by the 

holder of an operating certificate that is 

conducting operations under part 121 or 

part 135 if the pilot in command is also 

in compliance with § 121.435 or 

§ 121.436, as applicable, and § 121.439, 

or §§ 135.243 and 135.247, as 

appropriate. In making this change, the 

FAA is acting consistently with the 

original intent of the regulation— 

specifically, providing relief from 

redundant recency requirements.7

Airmen Online Services 

In the case of a lost or destroyed 

airman or medical certificate, § 61.29(a) 

and (b) permit a pilot to request the 

replacement of a lost or destroyed 

airman certificate issued under part 61. 

Replacement airman certificates may be 

requested by letter to the Department of 

Transportation, FAA, Airmen 

Certification Branch, P.O. Box 25082, 

Oklahoma City, OK 73124. Replacement 

medical certificates may be requested by 

letter to the Department of 

Transportation, FAA, Aerospace 

Medical Certification Division, P.O. Box 

26200, Oklahoma City, OK 73125. 

Although current regulations 

recognize requests for replacement 

certificates only by letter, the FAA has 

established Airmen Online Services 

through which a pilot can request a 

replacement airman certificate or obtain 

a document that provides temporary 

authority to exercise the privileges of an 

airman certificate by facsimile or 

through Internet download at the FAA 

Web site: http://www.faa.gov/licenses_

certificates/airmen_certification/

certificate_replacement/. The use of 

Airmen Online Services is not 

addressed or recognized in § 61.29. 

Therefore, the FAA is amending the 

language in § 61.29 to reflect the use of 

Airmen Online Services or any method 

acceptable to the FAA for the purpose 

of obtaining a replacement certificate or 

60-day authority to exercise the 

privileges of a lost or stolen certificate. 

The FAA is also revising § 61.3 to 

clarify that temporary documents issued 

under § 61.29(e) are acceptable for 

meeting the § 61.3 requirement that a 

pilot have his or her pilot certificate and 

medical certificate in the person’s 

physical possession when serving as a 

required flightcrew member. The FAA 

notes that § 61.29(e) already contains 

language indicating that temporary 

documents may be carried ‘‘as an 

airman certificate [or] medical 

certificate’’ for up to 60 days. As such, 

the language being added to § 61.3 is not 

intended as a change to existing 

regulations but rather is intended solely 

to provide ease of reference for persons 

seeking such information in § 61.3. The 

FAA notes that online services are 

currently unavailable for replacement 

medical certificates and knowledge test 

reports; however, the FAA has modified 

the language of those provisions in 

anticipation of other methods becoming 

available in the future. 

II. Regulatory Analyses and Executive 

Order Determinations 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Public Law 96–39) prohibits 

agencies from setting standards that 

create unnecessary obstacles to the 

foreign commerce of the United States. 

In developing U.S. standards, the Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this direct final 

rule. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56825 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a final rule does not warrant a full 

evaluation, this order permits that a 

statement to that effect and the basis for 

it be included in the preamble if a full 

regulatory evaluation of the cost and 

benefits is not prepared. Such a 

determination has been made for this 

direct final rule. The reasoning for this 

determination follows. 

Executive Orders 12866 and 13563 

This direct final rule relieves 

regulatory burdens for certified flight 

instructor applicants and pilots in 

command. It also makes clear that 

applications for replacement airman and 

medical certificates may be obtained 

using methods other than individual 

letters mailed to the Airmen 

Certification Branch or Aerospace 

Medical Certification Division, 

respectively. 

Since the direct final rule will impose 

no new costs, and updates four sections 

of part 61, the expected outcome will be 

a minimal impact with positive net 

benefits. A regulatory evaluation was 

not prepared. 

The FAA, therefore, has determined 

that this direct final rule is not a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866. Therefore, this action has 

not been reviewed by the Office of 

Management and Budget. Further, this 

direct final rule is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objectives 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the 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 relieves regulatory 

restrictions for certified flight instructor 

applicants and pilots in command. It 

also makes clear that applications for 

replacement airmen and medical 

certificates may be obtained using 

methods other than individual letters 

mailed to the Airmen Certification 

Branch or Aerospace Medical 

Certification Division, respectively. 

Small businesses and small entities are 

not impacted by this action. 

This direct final rule imposes no new 

costs and updates and clarifies four 

sections of part 61; the expected 

outcome will have only a minimal 

impact on any small entity affected by 

this rulemaking action. 

Therefore, as the FAA Administrator, 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this direct final 

rule and determined that it will have 

only a domestic impact and therefore no 

effect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This direct final rule does not contain 

such a mandate; therefore, the 

requirements of Title II of the Act do not 

apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

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

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

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

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This action contains the following 

revision to the existing information 

collection requirements previously 

approved under OMB Control Number 

2120–0021, Certification: Pilots, Flight 

Instructors, and Ground Instructors. As 

required by the Paperwork Reduction 

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

submitted this information collection 

revision to the Office of Management 

and Budget for its review. 

This direct final rule reduces the 

recordkeeping burden for an airman 

who passes a practical test for issuance 

of a flight instructor certificate, a 

practical test for the addition of a rating 

to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate as this rule will 

now allow passage of such a test to meet 

the 24-calendar month flight review 

requirements for the airman. This rule 

also relieves regulatory burdens for 

airmen by making clear that the recent 

flight experience requirements do not 

apply to a pilot in command who is 

employed by an operator certificated 

under 14 CFR part 135 if the pilot in 

command is also in compliance with the 

pilot in command qualifications and 

recent experience requirements of part 

135. 

Flight reviews: The current 

information collection estimates that, of 

the total active pilot population of 

700,000, some 190,000 pilots complete 

a flight review per year with an average 

mstockstill on DSK4VPTVN1PROD with RULES

56826 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

8This number reflects practical tests for an 

additional rating to a flight instructor certificate, for 

renewal of a flight instructor certificate, and for 

reinstatement of a flight instructor certificate. 

time of 0.1 hours each (6 minutes) 

necessary for the flight instructor to 

record the flight review. This rule 

reduces that recordkeeping burden by 

permitting an airman who passes a 

practical test for issuance of a flight 

instructor certificate, a practical test for 

the addition of a rating to a flight 

instructor certificate, a practical test for 

renewal of a flight instructor certificate, 

or a practical test for the reinstatement 

of a flight instructor certificate to meet 

the flight review requirements. 

During calendar year 2012, the FAA 

issued 4,127 original certified flight 

instructor certificates and 4,034 8

certified flight instructor certificates for 

the addition of a rating. These persons 

will no longer be required to complete 

the flight review. Thus, the FAA 

estimates that 8,161 airmen annually 

will no longer be required to complete 

flight reviews because they passed a 

practical test for issuance of a flight 

instructor certificate, a practical test for 

the addition of a rating to a flight 

instructor certificate, a practical test for 

renewal of a flight instructor certificate, 

or a practical test for the reinstatement 

of a flight instructor certificate. 

Therefore, the FAA estimates that this 

rule will reduce the burden by 816.1 

hours annually. 

Recent flight experience: The current 

information collection estimates that 

290,000 pilots are subject to these 

recordkeeping requirements at an 

average of 0.1 hours (6 minutes) each. 

While this rule clarifies that the recent 

flight experience requirements do not 

apply to a pilot in command who is 

employed by the holder of a part 119 

operating certificate that authorizes 

operations under 14 CFR part 135 if the 

pilot in command is also in compliance 

with the pilot in command 

qualifications and recent experience 

requirements of part 135, the FAA does 

not believe that the burden related to 

this information collection will change 

in a manner that is quantifiable. Based 

on the information received from the 

industry, the FAA believes that part 119 

certificate holders have been 

interpreting the regulations to permit 

pilots who complete the recency 

requirements under part 135 to use this 

provision regardless of whether they are 

employed by a certificate holder that 

holds an air carrier certificate or an 

operating certificate. While a small 

number of persons may benefit from this 

regulatory change, the FAA believes that 

those numbers are small as most part 

119 certificate holders have already 

been operating in a manner similar to 

the regulations being revised and 

clarified by this rule. Therefore, the 

FAA is not revising the burden 

associated with the recent flight 

experience element of this information 

collection. 

Based on the change made by this 

direct final rule to the information 

collection related to certified flight 

instructor flight reviews, the 

recordkeeping requirements associated 

with 14 CFR 61.56 are reduced from 

19,000 annual burden hours to 18,184 

annual burden hours, reflecting the 

reduction in number of annual 

responses for this aspect of the 

information collection from 190,000 

responses to 181,839 responses. 

Information Collection 2120–0021: 

Certification: Pilots, Flight Instructors, 

and Ground Instructors 

Type of information collection: 

Revision of a currently approved 

collection. 

Form(s): FAA form 8710–1. 

Frequency: The information is 

collected on occasion. 

Abstract: 14 CFR Part 61 prescribes 

certification standards for pilots, flight 

instructors, and ground instructors. The 

information collected is used to 

determine compliance with applicant 

eligibility, via FAA form 8710–1. 

The following table provides 

information regarding annual responses 

and annual burden hours. 

Provision CFR § Number of 

responses 

Average time 

per response 

(hours) 

Total annual 

burden hours 

Reporting 

61.13 .......................................................................................................................................... 100,000 0 .1 10,000 

61.197 ........................................................................................................................................ 40,000 0 .1 4,000 

Recordkeeping 

61.39 .......................................................................................................................................... 100,000 0 .05 5,000 

61.49 .......................................................................................................................................... 13,600 0 .05 680 

61.51 .......................................................................................................................................... 190,000 1 .0 190,000 

61.56(a) ...................................................................................................................................... 181,839 0 .1 18,184 

61.57 .......................................................................................................................................... 290,000 0 .1 29,000 

61.87 .......................................................................................................................................... 80,000 0 .05 4,000 

61.93 .......................................................................................................................................... 80,000 0 .1 8,000 

61.125 ........................................................................................................................................ 9,500 0 .2 1,900 

61.185 ........................................................................................................................................ 5,800 0 .1 580 

61.189 ........................................................................................................................................ 30,000 1 .0 30,000 

Total .................................................................................................................................... 1,120,739 .......................... 301,344 

The agency is soliciting comments 

to— 

• 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; 

• Evaluate the accuracy of the 

agency’s estimate of the burden; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of collecting 

information on those who are to 

respond, including by using appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Individuals and organizations may 

send comments on the information 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56827 

collection requirement to the address 

listed in the ADDRESSES section at the 

beginning of this preamble by October 

16, 2013. Comments also should be 

submitted to the Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, Attention: Desk 

Officer for FAA, New Executive Office 

Building, Room 10202, 725 17th Street 

NW., Washington, DC 20503. 

International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

(77 FR 26413, May 4, 2012) promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

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 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

Administrative Procedure Act 

An agency may find good cause to 

exempt a rule from certain provisions of 

the Administrative Procedure Act (5 

U.S.C. 553), including notice of 

proposed rulemaking and the 

opportunity for public comment, if it is 

determined to be unnecessary, 

impracticable, or contrary to the public 

interest. This rule relieves regulatory 

restrictions by permitting an airman 

who passes a practical test for issuance 

of a flight instructor certificate, a 

practical test for the addition of a rating 

to a flight instructor certificate, a 

practical test for renewal of a flight 

instructor certificate, or a practical test 

for the reinstatement of a flight 

instructor certificate to meet the 24- 

calendar month flight review 

requirements of part 61. This rule also 

clarifies that the recent flight experience 

requirements of § 61.57 do not apply to 

a pilot in command who is employed by 

an operator certificated under 14 CFR 

part 135 if the pilot in command is in 

compliance with the pilot in command 

qualifications and recent experience 

requirements of part 135. Finally, this 

rule permits replacement airmen and 

medical certificates to be requested 

online, or by any other method 

acceptable to the Administrator. 

Therefore, the FAA finds good cause to 

publish this action as a direct final rule. 

Please see the ‘‘Direct Final Rule 

Procedure’’ section for more 

information. 

Executive Order 13132 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency has determined that this action 

will not have a substantial direct effect 

on the States, or the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, and, 

therefore, does not have Federalism 

implications. 

Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

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

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order, and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

III. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the rulemaking action in this document. 

The most helpful comments reference a 

specific portion of the rulemaking 

action, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before confirming this 

direct final rule, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this rulemaking action in light of 

the comments it receives. 

Proprietary or Confidential Business 

Information: Do not file proprietary or 

confidential business information in the 

docket. Such information must be sent 

or delivered directly to the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document, and marked as proprietary or 

confidential. If submitting information 

on a disk or CD–ROM, mark the outside 

of the disk or CD–ROM, and identify 

electronically within the disk or CD– 

ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

• Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

• Visiting the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies or 

• Accessing the Government Printing 

Office’s Federal Digital System Web 

page at http://www.gpo.gov/fdsys. 

Copies may also be obtained 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. Commenters 

mstockstill on DSK4VPTVN1PROD with RULES

56828 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

must identify the docket or amendment 

number of this rulemaking. 

All documents the FAA considered in 

developing this rulemaking action, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced above. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements, Security measures, 

Teachers. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

44701–44703, 44707, 44709–44711, 45102– 

45103, 45301–45302. 

■ 2. Section 61.3 is amended by revising 

paragraphs (a) introductory text, (a)(1), 

(b), and (i)(1) to read as follows: 

§ 61.3 Requirement for certificates, 

ratings, and authorizations. 

(a) Required pilot certificate for 

operating a civil aircraft of the United 

States. No person may serve as a 

required pilot flight crewmember of a 

civil aircraft of the United States, unless 

that person: 

(1) Has in the person’s physical 

possession or readily accessible in the 

aircraft when exercising the privileges 

of that pilot certificate or 

authorization— 

(i) A pilot certificate issued under this 

part and in accordance with § 61.19; 

(ii) A special purpose pilot 

authorization issued under § 61.77; 

(iii) A temporary certificate issued 

under § 61.17; 

(iv) A document conveying temporary 

authority to exercise certificate 

privileges issued by the Airmen 

Certification Branch under § 61.29(e); or 

(v) When operating an aircraft within 

a foreign country, a pilot license issued 

by that country may be used. 

* * * * * 

(b) Required pilot certificate for 

operating a foreign-registered aircraft 

within the United States. No person may 

serve as a required pilot flight 

crewmember of a civil aircraft of foreign 

registry within the United States, 

unless— 

(1) That person’s pilot certificate or 

document issued under § 61.29(e) is in 

that person’s physical possession or 

readily accessible in the aircraft when 

exercising the privileges of that pilot 

certificate; and 

(2) Has been issued in accordance 

with this part, or has been issued or 

validated by the country in which the 

aircraft is registered. 

* * * * * 

(i) Ground instructor certificate. (1) 

Each person who holds a ground 

instructor certificate issued under this 

part must have that certificate or a 

temporary document issued under 

§ 61.29(e) in that person’s physical 

possession or immediately accessible 

when exercising the privileges of that 

certificate. 

* * * * * 

■ 3. Section 61.29 is amended by 

revising paragraphs (a), (b), (c), and (e) 

to read as follows: 

§ 61.29 Replacement of a lost or destroyed 

airman or medical certificate or knowledge 

test report. 

(a) A request for the replacement of a 

lost or destroyed airman certificate 

issued under this part must be made: 

(1) By letter to the Department of 

Transportation, FAA, Airmen 

Certification Branch, P.O. Box 25082, 

Oklahoma City, OK 73125, and must be 

accompanied by a check or money order 

for the appropriate fee payable to the 

FAA; or 

(2) In any other manner and form 

approved by the Administrator 

including a request online to Airmen 

Services at http://www.faa.gov, and 

must be accompanied by acceptable 

form of payment for the appropriate fee. 

(b) A request for the replacement of a 

lost or destroyed medical certificate 

must be made: 

(1) By letter to the Department of 

Transportation, FAA, Aerospace 

Medical Certification Division, P.O. Box 

26200, Oklahoma City, OK 73125, and 

must be accompanied by a check or 

money order for the appropriate fee 

payable to the FAA; or 

(2) In any other manner and form 

approved by the Administrator and 

must be accompanied by acceptable 

form of payment for the appropriate fee. 

(c) A request for the replacement of a 

lost or destroyed knowledge test report 

must be made: 

(1) By letter to the Department of 

Transportation, FAA, Airmen 

Certification Branch, P.O. Box 25082, 

Oklahoma City, OK 73125, and must be 

accompanied by a check or money order 

for the appropriate fee payable to the 

FAA; or 

(2) In any other manner and form 

approved by the Administrator and 

must be accompanied by acceptable 

form of payment for the appropriate fee. 

* * * * * 

(e) A person who has lost an airman 

certificate, medical certificate, or 

knowledge test report may obtain, in a 

form or manner approved by the 

Administrator, a document conveying 

temporary authority to exercise 

certificate privileges from the FAA 

Aeromedical Certification Branch or the 

Airman Certification Branch, as 

appropriate, and the: 

(1) Document may be carried as an 

airman certificate, medical certificate, or 

knowledge test report, as appropriate, 

for up to 60 days pending the person’s 

receipt of a duplicate under paragraph 

(a), (b), or (c) of this section, unless the 

person has been notified that the 

certificate has been suspended or 

revoked. 

(2) Request for such a document must 

include the date on which a duplicate 

certificate or knowledge test report was 

previously requested. 

■ 4. Section 61.56 is amended by 

revising paragraph (d) to read as 

follows: 

§ 61.56 Flight review. 

* * * * * 

(d) A person who has, within the 

period specified in paragraph (c) of this 

section, passed any of the following 

need not accomplish the flight review 

required by this section: 

(1) A pilot proficiency check or 

practical test conducted by an examiner, 

an approved pilot check airman, or a 

U.S. Armed Force, for a pilot certificate, 

rating, or operating privilege. 

(2) A practical test conducted by an 

examiner for the issuance of a flight 

instructor certificate, an additional 

rating on a flight instructor certificate, 

renewal of a flight instructor certificate, 

or reinstatement of a flight instructor 

certificate. 

* * * * * 

■ 5. Section 61.57 is amended by— 

■ A. Revising paragraphs (e)(1) and 

(e)(2), 

■ B. Redesignating paragraph (e)(3) as 

paragraph (e)(4) and revising the 

introductory text of newly redesignated 

paragraph (e)(4), and 

■ C. Adding new paragraph (e)(3) to 

read as follows: 

§ 61.57 Recent flight experience: Pilot in 

command. 

* * * * * 

(e) Exceptions. (1) Paragraphs (a) and 

(b) of this section do not apply to a pilot 

in command who is employed by a part 

119 certificate holder authorized to 

conduct operations under part 125 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56829 

when the pilot is engaged in a flight 

operation for that certificate holder if 

the pilot in command is in compliance 

with §§ 125.281 and 125.285 of this 

chapter. 

(2) This section does not apply to a 

pilot in command who is employed by 

a part 119 certificate holder authorized 

to conduct operations under part 121 

when the pilot is engaged in a flight 

operation under parts 91 and 121 for 

that certificate holder if the pilot in 

command is in compliance with 

§§ 121.435 or 121.436, as applicable, 

and § 121.439 of this chapter. 

(3) This section does not apply to a 

pilot in command who is employed by 

a part 119 certificate holder authorized 

to conduct operations under part 135 

when the pilot is engaged in a flight 

operation under parts 91 and 135 for 

that certificate holder if the pilot in 

command is in compliance with 

§§ 135.243 and 135.247 of this chapter. 

(4) Paragraph (b) of this section does 

not apply to a pilot in command of a 

turbine-powered airplane that is type 

certificated for more than one pilot 

crewmember, provided that pilot has 

complied with the requirements of 

paragraph (e)(4)(i) or (ii) of this section: 

* * * * * 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703, in 

Washington, DC, on August 27, 2013. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2013–22485 Filed 9–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30919; Amdt. No. 3554] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective September 

16, 2013. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of September 

16, 2013. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Dunham III, Flight Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125), 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P–NOTAMs. 

The SIAPs, as modified by FDC 

P–NOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 

safety in air commerce, I find that notice 

and public procedure before adopting 

these SIAPs are impracticable and 

contrary to the public interest and, 

where applicable, that good cause exists 

for making these SIAPs effective in less 

than 30 days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

mstockstill on DSK4VPTVN1PROD with RULES