60334 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65, 108, 121, and

135

[Docket No. FAA–2000–7497; Amendment

No. 61–107, 63–30, 65–41, 108–18, 121–280

and 135–78]

RIN 2120–AH01

Advanced Qualification Program

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is establishing a

new termination date for Special

Federal Aviation Regulation (SFAR) No.

58 (55 FR 40275; October 2, 1990),

which provides for the approval of an

alternate method (known as ‘‘Advanced

Qualification Program’’ or ‘‘AQP’’) for

qualifying, training and certifying, and

otherwise ensuring the competency of

crewmembers, aircraft dispatchers,

other operations personnel, instructors,

and evaluators who are required to be

trained or qualified under 14 CFR parts

121 and 135. This action will establish

a new termination date, October 2, 2005,

for SFAR 58 to allow time for the FAA

to complete the rulemaking process that

will incorporate SFAR 58 into the

Federal Aviation Regulations.

DATES: Effective October 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas M. Longridge, Advanced

Qualification Program Branch, AFS–

230, Air Transportation Division, Flight

Standards Service, Federal Aviation

Administration, P.O. Box 20027, Dulles

International Airport, Washington, DC

20041–2027; telephone (703) 661–0260.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the FAA regulations section of the

FedWorld electronic bulletin board

service (telephone: (703) 321–3339) of

the Government Printing Office’s (GPO)

electronic bulletin board service

(telephone: (202) 512–1661).

Internet users may reach the FAA’s

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

arm/nprm/nprm.htm or the GPO’s web

page at http://www.access.gpo.gov/nara

for access to recently published

rulemaking documents.

Any person may obtain a copy of this

document by submitting 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. Communications must

identify the amendment number or

docket number of this final rule.

Persons interested in being placed on

the mailing list for future rulemaking

documents should request from the

above office a copy of Advisory Circular

No. 11–2A, Notice of Proposed

Rulemaking Distribution System, which

describes the application procedure.

Small Business Regulatory Enforcement

Fairness Act

The Small Business Regulatory

Enforcement Fairness Act (SBREFA) of

1996, requires the FAA to comply with

small entity requests for information or

advice about compliance with statutes

and regulations within its jurisdiction.

Therefore, any small entity that has a

question regarding this document may

contact their local FAA official. Internet

users can find additional information on

SBREFA on the FAA’s web page at

http://www.faa.gov/avr/arm/sbrefa.htm

and may send electronic inquiries to the

following Internet address: 9–AWA–

SBREFA@faa.gov.

Background

On June 8, 2000, the FAA issued a

notice of proposed rulemaking (NPRM)

proposing to extend the expiration date

of SFAR 58 (65 FR 37836; June 16,

2000). The comment period closed on

July 17, 2000, and no comments were

received. The amendment is adopted as

proposed.

Good Cause Justification for Immediate

Adoption

The reasons that justified the original

issuance of SFAR 58 still exist.

Therefore, it is in the public interest to

establish a new expiration date for

SFAR 58 of October 2, 2005. If the FAA

publishes a final rule incorporating

SFAR 58 into the regulations before this

expiration date, SFAR 58 will be

rescinded concurrently. Ordinarily

under the Administrative Procedure

Act, a substantive rule must be served

or published not less than 30 days

before its effective date except, among

other things, if the agency finds ‘‘good

cause’’ for making it effective sooner.

See 5 U.S.C. Section 553(d)(3). The FAA

finds that the continuation of SFAR 58

is necessary to permit continued

training under this program and to

avoid the confusion that would result if

the program were discontinued or

temporarily suspended because of the

general legal requirement to publish a

rule at least 30 days before it becomes

effective.

For these reasons, and because as a

voluntary program AQP imposes no

additional burden on any person, the

FAA finds ‘‘good cause’’ for making this

amendment, which extends the

termination date for the SFAR by 5

years, effective immediately upon

issuance.

Economic Summary

Changes to Federal regulations must

undergo several economic analyses.

First, Executive Order 12866 directs

each Federal agency to propose or adopt

a regulation only if the agency makes a

reasoned determination that the benefits

of the regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 required agencies to analyze the

economic impact of regulatory changes

on small entities. Third, the Trade

Agreements Act (19 U.S.C. section

2531–2533) prohibits agencies from

setting standards that create

unnecessary obstacles to the foreign

commerce of the United States. In

developing U.S. standards, this Trade

Act requires agencies to consider

international standards. The Trade Act

directs agencies, where appropriate, to

use those international standards as the

basis of U.S. standards. And fourth, the

Unfunded Mandates Reform Act of 1995

requires agencies to prepare a written

assessment of the costs, benefits and

other effects of proposed or final rules.

This requirement applies only to rules

that include a Federal mandate on State,

local, or tribal governments or the

private sector, likely to result in a total

expenditure of $100 million or more in

any one year (adjusted for inflation). In

conducting these analyses, FAA had

determined this rule: (1) Has benefits

that justify its costs, is not a ‘‘significant

regulatory action’’ as defined in the

Executive Order, and is not

‘‘significant’’ as defined in DOT’s

Regulatory Policies and Procedures; (2)

will not have a significant impact on a

substantial number of small entities; (3)

has no impact on international trade;

and (4) does not impose an unfunded

mandate on state, local, or tribal

governments or on the private sector.

AQP is not mandatory; consequently,

those operators who choose to

participate in the program would do so

only if it was in their best interest.

Enough operators have found it in their

best interest that AQP has become an

important means for meeting the

requirements for air carrier training

programs. AQP gives air carriers

flexibility in meeting the safety goals of

the training programs in 14 CFR parts

121 and 135 without sacrificing any of

the safety benefits derived from those

programs. Thus, extending AQP for

another 5 years will not impose any

additional costs nor decrease the

Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60335

present level of safety. Because this final

rule extends an existing, voluntary

program that has become an important

means for some operators to comply

with training requirements, the FAA

finds that a detailed regulatory

evaluation is not necessary.

Initial Regulatory Flexibility

Determination

The Regulatory Flexibility Act of 1980

(RFA) establishes ‘‘as a principle of

regulatory issuance that agencies shall

endeavor, consistent with the objective

of the rule and of applicable statutes, to

fit regulatory and informational

requirements to the scale of the

businesses, organizations, and

governmental jurisdictions subject to

regulation.’’ To achieve that principle,

the Act requires agencies to solicit and

consider flexible regulatory proposals

and to explain the rationale for their

actions. The Act 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 determination is that it

will, the agency must prepare a

regulatory flexibility analysis as

described in the Act.

However, if an agency determines that

a proposed or final rule is not expected

to have a significant economic impact

on a substantial number of small

entities, section 605(b) of the 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 rulemaking allows certain air

carriers to continue participating in a

voluntary, alternative method for

qualifying, training and certifying, and

otherwise ensuring competency of

crewmembers, aircraft dispatchers, and

other operational personnel, instructors,

and evaluators who are required to be

trained or qualified under 14 CFR parts

121 and 135. As such, this rulemaking

will not impose any additional cost on

those air carriers. Consequently, the

FAA certifies that the rule will not have

a significant economic impact on a

substantial number of small air carriers.

International Trade Impact Analysis

The Trade Agreement Act of 1979

prohibits Federal agencies from

engaging in any standards or related

activities that create unnecessary

obstacles to the foreign commerce of the

United States. Legitimate domestic

objectives, such as safety, are not

considered unnecessary obstacles. The

statute also requires consideration of

international standards and, where

appropriate, that they be the basis for

U.S. standards. In addition, consistent

with the Administration’s belief in the

general superiority and desirability of

free trade, it is the policy of the

Administration to remove or diminish

to the extent feasible, barriers to

international trade, including both

barriers affecting the export of American

goods and services to foreign countries

and barriers affecting the import of

foreign goods and services into the

United States.

In accordance with the above statute

and policy, the FAA has assessed the

potential effect of this final rule and has

determined that it will have only a

domestic impact and therefore no affect

on any trade-sensitive activity.

Executive Order 13132, Federalism

The FAA has analyzed this final rule

under the principles and criteria of

Executive Order 13132, Federalism. The

FAA has determined that this action

will not have a substantial direct effect

on the States, on the relationship

between the national Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

the FAA has determined that this final

rule will not have federalism

implications.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (the Act), enacted as

Pub. L. 104–4 on March 22, 1995,

requires each Federal agency, to the

extent permitted by law, to prepare a

written assessment of the effects of any

Federal mandate in a proposed or final

agency rule that may result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

(adjusted annually for inflation) in any

one year. Section 204(a) of the Act, 2

U.S.C. 1534(a), requires the Federal

agency to develop an effective process

to permit timely input by elected

officers (or their designees) of State,

local, and tribal governments on a

‘‘significant intergovernmental

mandate.’’ A ‘‘significant

intergovernmental mandate’’ under the

Act is any provision in a Federal agency

regulation that will impose an

enforceable duty upon State, local, and

tribal governments, in the aggregate, of

$100 million (adjusted annually for

inflation) in any one year. Section 203

of the Act, 2 U.S.C. 1553, which

supplements section 204(a), provides

that before establishing any regulatory

requirements that might significantly or

uniquely affect small governments, the

agency shall have developed a plan that,

among other things, provides for notice

to potentially affected small

governments, if any, and for a

meaningful and timely opportunity to

provide input in the development of

regulatory proposals.

The FAA determines that this final

rule does not contain a significant

intergovernmental or private sector

mandate as defined by the Act.

International Trade

The Trade Agreement Act of 1979

prohibits Federal agencies from

engaging in any standards or related

activity that crate unnecessary obstacles

to the foreign commerce of the United

States. Legitimate domestic objectives,

such as safety, are not considered

unnecessary obstacles. The statute also

requires consideration of international

standards and where appropriate, that

they be the basis for U.S. standards. In

addition, consistent with the

Administration’s belief in the general

superiority and desirability of free trade,

it is the policy of the Administration to

remove or diminish, to the extent

feasible, barriers to international trade,

including both barriers affecting the

export of American goods and services

to foreign countries and barriers

affecting the import of foreign goods and

services to into the U.S.

In accordance with the above statute

and policy, the FAA has assessed the

potential effect of this final rule and has

determined that it will have only a

domestic impact and therefore no affect

on any trade-sensitive activity.

Environmental Analysis

FAA Order 1050.1D defines FAA

actions that may be categorically

excluded from preparation of a National

Environmental Policy Act (NEPA)

environmental impact statement. In

accordance with FAA Order 1050.1D,

appendix 4, paragraph 4(j), this

rulemaking action qualifies for

categorical exclusion.

Energy Impact

The energy impact of the notice has

been assessed in accordance with the

Energy Policy and Conservation Act

(EPCA) Pub. L. 94–163, as amended (42

U.S.C. 6362) and FAA Order 1053.1. It

has been determined that the final rule

is not a major regulatory action under

the provisions of the EPCA.

60336 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations

List of Subjects

14 CFR Part 61

Air safety, Air transportation,

Aviation safety, Safety.

14 CFR Part 63

Air safety, Air transportation, Airmen,

Aviation safety, Safety, Transportation.

14 CFR Part 65

Airman, Aviation safety, Air

transportation, Aircraft.

14 CFR Part 108

Airplane operation security, Aviation

security, Aviation safety, Air

transportation, Air carriers, Airlines,

Security measures, Transportation,

Weapons.

14 CFR Part 121

Aircraft pilots, Airmen, Aviation

safety, Pilots, Safety.

14 CFR Part 135

Air carriers, Air transportation,

Airmen, Aviation safety, Safety, Pilots.

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends SFAR 58 (14 CFR parts 61, 63,

65, 108, 121, and 135) of Title 14, Code

of Federal Regulations, as folows:

1. The authority citation for part 61

continues to read as follows:

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

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

45301–45303.

2. The authority citation for part 63

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40108, 40113,

44701–44703, 44710, 44712, 44714, 44716,

44717, 44722, 45303.

3. The authority citation for part 65

continues to read as follows:

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

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

45301–45302.

4. The authority citation for part 108

continues to read as follows:

Authority: 49 U.S.C. 106(g); 5103, 40113,

40119, 44701–44702, 44705, 44901–44905,

44907, 44913–44914, 44932, 44935–44936,

46105.

5. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119,

44101, 44701–44702, 44705, 44709–44711,

44713, 44716–44717, 44722, 44901, 44903–

44904, 449112, 46105.

6. The authority citation for part 135

continues to read as follows:

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

44702, 44705, 44709, 44711–44713, 44715–

44717, 44722.

7. In part 121, SFAR 58 is amended

by revising paragraph 13 to read as

follows:

Special Federal Aviation Regulation No.

58—Advanced Qualification Program

* * * * *

13. Expiration. This Special Federal

Aviation Regulation terminates on October 2,

2005, unless sooner terminated.

Issued in Washington, DC, on September

29, 2000.

Jane F. Garvey,

Administrator.

[FR Doc. 00–25632 Filed 10–6–00; 8:45 am]

BILLING CODE 4910–13–M