16664 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

(3) This paragraph provides credit for the 

actions required by paragraph (h)(1) of this 

AD, if those actions were done before the 

effective date of this AD using Airbus All 

Operators Telex A330–34A3235, dated 

September 10, 2009; or Airbus All Operators 

Telex A330–34A3235, Revision 1, dated 

September 21, 2009. 

(4) As of the effective date of this AD, no 

person may install a pitot probe having 

Goodrich P/N 0851HL, serial numbers 

267328 through 270714 inclusive, on any 

airplane, unless the actions required by 

paragraph (h)(1) of this AD have been done; 

or an intact red torque check mark is visible 

on the interface of the pneumatic quick 

disconnect union and the union mount. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; fax (425) 

227–1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(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: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(j) Related Information 

Refer to European Aviation Safety Agency 

(EASA) Airworthiness Directive 2011–0138, 

dated July 20, 2011, and the service 

information specified in table 1 of this AD, 

for related information. 

(k) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51 on September 22, 

2010 (75 FR 50871, August 18, 2010): 

(i) Airbus All Operators Telex A330– 

34A3235, Revision 02, dated March 1, 2010. 

(ii) Airbus All Operators Telex A340– 

34A4241, Revision 02, dated March 1, 2010. 

(iii) Airbus All Operators Telex A340– 

34A5074, Revision 02, dated March 1, 2010. 

(2) For service information identified in 

this AD, contact Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at 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. 

Issued in Renton, Washington, on March 7, 

2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–6773 Filed 3–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 67 

[Docket No. FAA–2012–0056; Amdt. No. 67– 

21] 

RIN 2120–AK00 

Removal of the Requirement for 

Individuals Granted the Special 

Issuance of a Medical Certificate To 

Carry Their Letter of Authorization 

While Exercising Pilot Privileges 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This rule removes a 

regulatory provision under Federal 

Aviation Administration (FAA) medical 

certification standards intended, in part, 

to require that individuals granted the 

Special Issuance of a Medical Certificate 

(Authorization) have their letter of 

Authorization in their physical 

possession or readily accessible on the 

aircraft while exercising pilot privileges. 

The FAA imposed this regulatory 

provision in 2008 to respond to a 2007 

International Civil Aviation 

Organization (ICAO) adverse audit 

finding regarding endorsement of FAA 

certificates. The FAA is not aware of 

any individuals affected by the standard 

who have had to produce their letter of 

Authorization for any civil aviation 

authorities during the 3-year period the 

rule has been in effect. For this reason, 

and because affected individuals find 

the standard burdensome given that 

other longstanding FAA operational 

requirements already mandate that 

pilots carry their medical certificate 

when exercising pilot privileges, the 

FAA has identified this regulation as 

one that can be removed under 

Executive Order 13563 of January 18, 

2011: ‘‘Improving Regulation and 

Regulatory Review.’’ While this action 

removes the burden for affected 

individuals to carry their medical letter 

of Authorization, long-standing 

requirements under FAA operational 

standards requiring individuals to carry 

FAA certificates while exercising pilot 

privileges remain unchanged. 

DATES: Effective July 20, 2012. 

Submit comments on or before May 

21, 2012. If adverse comment is 

received, the FAA will publish a timely 

withdrawal in the Federal Register. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2012–0056 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: The FAA will post all 

comments it receives, without change, 

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Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16665 

1Article 39 of the Chicago Convention of 1944 

stipulates the following: ‘‘Any person holding a 

Continued 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

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 go 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. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Ms. Judi Citrenbaum, 

Office of Aerospace Medicine, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–9689; email 

Judi.M.Citrenbaum@faa.gov. 

For legal questions concerning this 

action, contact Sabrina Jawed, Office of 

the Chief Counsel, Regulations Division, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3073; email 

Sabrina.Jawed@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, Chapter 

447, Sections 44701, 44702 and 44703. 

Under Section 44701 the Administrator 

has the authority to prescribe 

regulations and minimum standards for 

practices, methods and procedures 

necessary for safety in air commerce and 

national security. Under Section 44702 

the Administrator has the authority to 

issue certificates. More specifically, 

under Section 44703(b)(C) the 

Administrator has the authority to 

decide terms necessary to ensure safety 

in air commerce, including terms on the 

duration of certificates and tests of 

physical fitness. This rule removes a 

regulatory provision that requires 

individuals granted the Special Issuance 

of a Medical Certificate to have their 

letter of Authorization in their physical 

possession or readily accessible on the 

aircraft while exercising pilot privileges. 

For this reason, the proposed change is 

within the scope of the FAA’s authority 

and is a reasonable and necessary 

exercise of the FAA’s statutory 

obligations. 

The Direct Final Rule Procedure 

The FAA is adopting this action 

without prior notice and prior public 

comment as a direct final rule. 

Individuals granted the Special Issuance 

of a Medical Certificate are required to 

carry sufficient documentation 

validating their medical fitness to fly, 

but should not have the additional 

burden of carrying their letter of 

Authorization. The FAA has identified 

this action as burden-relieving under 

Executive Order 13563 of January 18, 

2011, entitled ‘‘Improving Regulation 

and Regulatory Review,’’ because 

affected individuals no longer will have 

to carry their letter of Authorization 

with them when exercising pilot 

privileges. 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 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 this final rule. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received, and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive an adverse or negative 

comment within the comment period, or 

written notice of intent to submit such 

a comment, a document withdrawing 

the direct final rule will be published in 

the Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

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 ADDRESSES section 

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. Overview of Final Rule 

As discussed in greater detail 

throughout this document, this final 

rule relieves individuals vetted through 

the FAA special-issuance medical 

certification process from having to 

carry their FAA-issued letter of 

Authorization with them when 

exercising pilot privileges. Individuals 

granted special-issuance medical 

certification are issued a time-limited 

FAA medical certificate along with a 

letter of Authorization. Collectively both 

documents comprise an individual’s 

Authorization. According to FAA 

records, the FAA issued 28,423 

Authorizations in the 2011 fiscal year. 

Under Executive Order 13563 of January 

18, 2011, the FAA identified this action 

as burden-relieving for affected 

individuals. This rule imposes no cost 

on affected pilots. It imposes only a onetime, minor administrative cost to the 

FAA associated with removing a 

reference on the FAA medical certificate 

(FAA Form 8500–9) to the current 

standard. This rule removes only the 

requirement to carry the letter of 

Authorization. It does not remove or 

modify longstanding operational 

requirements under Title 14 of the Code 

of Federal Regulations, Part 61, § 61.3, 

regarding documentation that must be 

in an individual’s personal possession 

or readily accessible in the aircraft when 

exercising pilot privileges. 

II. Background 

In November 2007, ICAO, the aviation 

wing of the United Nations, audited the 

civil aviation safety oversight system of 

the United States as part of the ICAO 

Universal Safety Oversight Audit 

Program (USOAP). ICAO USOAP teams 

assess whether signatory states, such as 

the United States, meet international 

civil aviation standards. Civil aviation 

licensing and credentialing system 

compliance with international standards 

is a main focus area of these audits. As 

a result of the 2007 audit, the United 

States received a finding specifying that 

certain U.S. licenses are not 

‘‘systematically endorsed as stipulated 

by Article 39 1 of the Chicago 

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16666 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

license who does not satisfy in full the conditions 

laid down in the international standard relating to 

the class of license or certificate which he holds 

shall have endorsed on or attached to his licence 

(sic) a complete enumeration of the particulars in 

which he does not satisfy such conditions.’’ 

Convention, when the holders do not 

satisfy in full the conditions laid down 

in the international standard with 

respect to the class of licence (sic) or 

certificate of holders.’’ 

U.S. pilots who fly internationally 

must comply with international aviation 

standards. In cases where ICAO 

standards may exceed U.S. standards, 

U.S. pilots take measures to make sure 

they conform with ICAO standards for 

international operations. For example, 

U.S. pilots serving as second-incommand on a U.S.-registered aircraft 

must hold an FAA commercial pilot 

certificate and an FAA second-class 

medical certificate. ICAO standards 

require commercial pilots to meet ICAO 

Class 1 medical assessment standards, 

which include electrocardiography 

provisions. While ICAO Class 1 medical 

assessment standards and FAA firstclass medical standards include 

electrocardiography provisions, FAA 

second-class medical standards do not. 

When exercising privileges 

internationally, therefore, U.S. secondin-command pilots would obtain an 

FAA first-class medical certificate to 

compensate for the electrocardiography 

difference. As specified in this example, 

U.S. pilots exercising privileges 

internationally take measures necessary 

to conform to ICAO standards; therefore, 

the FAA has not found cause to 

‘‘systematically’’ endorse medical 

certificates of U.S. pilots. Explanations 

provided at the time of the audit in this 

regard, however, were not sufficient to 

avoid ICAO’s finding for corrective 

action. 

Because Article 39 of the Chicago 

Convention provides that endorsements 

may be placed on ‘‘or attached to’’ a 

license, the focus of the corrective 

action plan was limited to a small 

population of pilots who, due to special 

medical considerations, are granted a 

time-limited, special-issuance medical 

certificate along with a letter of 

Authorization. These individuals, the 

FAA determined, are most likely to be 

most impacted by the ICAO finding. The 

letter of Authorization serves as an 

addendum to the special-issuance 

medical certificate for affected 

individuals, and provides information 

regarding conditions affected 

individuals must meet in order to 

exercise pilot privileges. The FAA 

determined that a corrective action 

requiring, in part, that individuals carry 

their Authorization when exercising 

pilot privileges would be more 

acceptable than developing and 

implementing burdensome new 

licensing procedures for all pilots. 

Therefore, on July 24, 2008, the FAA 

issued a final rule (73 FR 43059) that 

amended § 67.401 to add new paragraph 

(j) requiring individuals holding an 

Authorization to carry it with them 

when exercising pilot privileges. In 

addition to this regulatory requirement, 

the FAA also revised the FAA medical 

certificate (FAA Form 8500–9) not only 

to note this requirement for affected 

medical certificate holders, but also to 

add more elaborate regulatory references 

and instructions for all pilots, including 

instructions to consult the U.S. 

Aeronautical Information Publication, 

which contains a listing of U.S. 

differences with ICAO Standards and 

Recommended Practices, when flying 

internationally. By adding several 

important regulatory references and 

instructions on the medical certificate, 

as suggested during the ICAO audit, the 

FAA met the intent of the ICAO audit 

finding. The regulatory references and 

instructions added to the medical 

certificate will remain as enumerated on 

FAA medical certificates, only the 

‘‘Note’’ making reference to the letter of 

Authorization will be removed by this 

action. 

III. Discussion of the Direct Final Rule 

Before an Authorization is granted, 

applicants must be thoroughly vetted 

through a lengthy and rigorous FAA 

medical certification process. As 

specified under § 67.401, individuals 

with specifically disqualifying medical 

conditions are medically certificated 

only when they can demonstrate to the 

satisfaction of the Federal Air Surgeon 

that the duties authorized by the class 

of medical certificate applied for can be 

performed without endangering public 

safety for the period of time the 

certificate is held. To demonstrate 

ability, a special medical flight test, 

practical test, extensive medical 

evaluation, or any combination of these 

may be required. An individual’s 

operational experience and any medical 

facts that may affect the ability of the 

individual to perform airman duties is 

taken into consideration before medical 

certification is granted. 

With such a viable and rigorous 

special-issuance medical certification 

process, the FAA did not anticipate an 

ICAO audit finding that would result in 

further regulatory requirements. As 

such, adding § 67.401 (j) to require 

affected individuals to carry their letter 

of Authorization was not an expected 

outcome of the ICAO audit, but was put 

forth as a negotiated compromise in the 

audit corrective action plan. The 

§ 67.401 (j) requirement has not been 

well-received by affected U.S. pilots. 

The FAA continues to receive 

complaints from affected U.S. pilots that 

the full force of the requirement is 

overly burdensome as well as invasive. 

It was imposed, however, out of concern 

that traditional enumeration placed on 

U.S. medical certificates under the 

FAA’s special-issuance medical 

certification process might not be 

detailed enough for affected U.S. pilots 

during a ramp check in a foreign 

country, for example. Having the letter 

of Authorization readily available was 

deemed to be in the affected pilots’ best 

interest. With 3 years of experience 

under the rule, however, the FAA is not 

aware that any civil aviation authority 

has requested any affected U.S. pilot to 

produce a letter of Authorization. 

In August 2010, the FAA informed 

ICAO that the U.S. would prefer to 

remove this requirement, and received 

no objection to this request. In addition, 

in April 2011, the FAA conducted a 

briefing on this matter for a member of 

the ICAO Air Navigation Commission, 

indicating that, unless objections were 

raised, the United States would proceed 

to revise the regulation to make it less 

burdensome. The series of new 

regulatory references and instructions 

added to all U.S. medical certificates 

provides sufficient information to 

medical certificate holders regarding the 

need for compliance with international 

standards when exercising pilot 

privileges. 

This action, therefore, removes 

paragraph (j) of § 67.401 and deletes the 

‘‘Note’’ on FAA medical certificates 

under the header ‘‘Conditions of Issue,’’ 

which directs affected individuals to 

carry their letter of Authorization. This 

action does not affect longstanding FAA 

operational requirements under § 61.3 

regarding FAA certificates that must be 

carried while exercising pilot privileges, 

including FAA medical certificates. 

Paragraph (j) of § 67.401 no longer 

will apply once this rule becomes 

effective. This means that the ‘‘Note’’ 

under the regulatory reference to 

§ 67.401 (j) listed under the ‘‘Conditions 

of Issue’’ on an individual’s existing 

FAA medical certificate no longer will 

be necessary. This does not mean that 

the FAA needs or intends to re-issue 

medical certificates. It will be 

acceptable for the FAA medical 

certificate to reference this ‘‘Note’’ until 

an individual’s medical certificate is 

renewed. The FAA will begin using 

medical certificates with updated 

‘‘Conditions of Issue’’ that do not 

include reference to the removed 

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Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16667 

standard as soon as possible following 

the effective date of the rule. 

IV. Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

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 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 

proposed rule. 

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 proposed or final rule does not 

warrant a full evaluation, this order 

permits a statement to that effect and 

the basis for it to 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: 

A. Regulatory Evaluation 

Benefit 

The benefit of this direct final rule 

will be that it relieves approximately 

28,000 airmen vetted through the FAA 

special-issuance medical certification 

process from having to carry their FAAissued letter of Authorization with them 

when they fly. 

Costs 

This rule removes a regulatory 

provision that requires airmen who have 

been granted the Special Issuance of a 

Medical Certificate to have their letter of 

Authorization in their physical 

possession or readily accessible on the 

aircraft while exercising pilot privileges. 

The only cost associated with this rule 

is FAA manpower cost associated with 

making a revision to the FAA medical 

certificate (FAA Form 8500–9) to 

remove a reference to the standard that 

is being removed. 

We estimate that it will take an FAA 

information technology program 

manager approximately 8 hours to make 

the revision to the FAA medical 

certificate. With a burdened labor rate of 

$115, the total cost is $923 ($863 

present value). 

The FAA has, therefore, determined 

that this final rule is not an 

economically ‘‘significant regulatory 

action’’ as defined in section 3(f) of 

Executive Order 12866 and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

B. 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. 

This rule is burden-relieving; it 

imposes no cost on affected pilots. 

Consequently, as the Acting FAA 

Administrator I certify that the final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. International Trade Impact Analysis 

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 

primarily have only a domestic impact 

and therefore no effect on international 

trade. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This final rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

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

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

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

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This rule is burden-relieving. No 

information collection is associated 

with the removal of the requirement for 

affected individuals to carry their letter 

of Authorization or with the removal of 

certain notation on medical certificates. 

The Office of Management and Budget 

(OMB) has approved the collection of 

information associated with medical 

certification in accordance with the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507(d)) under 

OMB Control Number 2120–0034, valid 

through August 31, 2014. 

F. International Compatibility 

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. Prior to 

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16668 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

adopting this action, the FAA consulted 

with ICAO counterparts in the ICAO 

Aviation Medicine Section and on the 

ICAO Air Navigation Commission to 

inform them this action is being taken. 

The FAA did not receive any objections 

to removing this regulatory provision. 

V. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

Agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. 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. 

VI. 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 acting on this 

rulemaking action, 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. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

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

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s 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 

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 in item 

(1) above. 

List of Subjects in 14 CFR Part 67 

Aircraft, Airmen, Alcohol abuse, Drug 

abuse, Recreation and recreation areas, 

Reporting and recordkeeping 

requirements. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 67—MEDICAL STANDARDS AND 

CERTIFICATION 

■ 1. The authority citation for part 67 

continues to read as follows: 

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

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

45301–45303. 

§ 67.401 [Amended] 

■ 2. Amend § 67.401 by removing 

paragraph (j). 

Issued in Washington, DC, on March 8, 

2012. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2012–6886 Filed 3–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0013; Airspace 

Docket No. 12–ASO–13] 

Amendment of Class D and E 

Airspace; Brooksville, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class D 

and E airspace at Hernando County 

Airport, Brooksville, FL. The geographic 

coordinates of the airport are being 

adjusted to coincide with the FAA’s 

aeronautical database, which shows the 

correct coordinates. This does not affect 

the boundaries or operating 

requirements of the airspace. 

DATES: Effective 0901 UTC March 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P. O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA is adjusting the geographic 

location of Hernando County Airport, 

Brooksville, FL, to be in concert with 

the FAAs aeronautical database, which 

shows the correct coordinates. This is 

an administrative change and does not 

affect the boundaries or operating 

requirements of the airspace, therefore, 

notice and public procedures under 5 

U.S.C. 553(b) are unnecessary. 

The Class D and E airspace 

designations are published in 

Paragraphs 5000, 6002, and 6005 of 

FAA order 7400.9V, dated August 9, 

2011, and effective September 15, 2011, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the geographic coordinates in 

the legal description of Class D airspace, 

Class E surface airspace, and Class E 

airspace extending upward from 700 

feet above the surface, for Hernando 

County Airport, Brooksville, FL. This 

update brings the geographic 

coordinates of the airport in concert 

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