90572 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

1See sec. 828(a). 

2Sec. 815(a). 

3Sec. 815(b). 

4OMB Circular No. A–4 updated November 9, 

2023, page 12. Accessed September 30, 2024 at: 

https://www.whitehouse.gov/wp-content/uploads/ 

2023/11/CircularA-4.pdf. 

* * * * * 

Melissa Bailey, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–26787 Filed 11–15–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 11, 61, 68, and 91 

[Docket No. FAA–2024–2580; Amdt. Nos. 

11–70, 61–158, 68–3, and 91–380] 

RIN 2120–AM06 

Regulatory Updates to BasicMed 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule implements, 

without interpretation, the provisions of 

sections 815 and 828 of the FAA 

Reauthorization Act of 2024 (‘‘the Act’’). 

To conform the FAA’s regulations to the 

self-enacting provisions in the Act, this 

final rule amends certain regulations to: 

align aircraft conditions and limitations 

with the term ‘‘covered aircraft’’ as 

defined in section 2307(j) of the FAA 

Extension, Safety, and Security Act of 

2016 to increase the number of 

allowable passengers from 5 to 6, 

increase the number of occupants from 

6 to 7, and increase the maximum 

takeoff weight from 6,000 pounds to 

12,500 pounds, while excluding certain 

transport category rotorcraft. This final 

rule facilitates updates to current 

standards the medical form a Statelicensed physician uses in completing a 

comprehensive medical examination. 

Further, this final rule amends 

regulations to incorporate the statutory 

expansion of BasicMed medical 

eligibility to examiners conducting 

practical tests or proficiency checks if 

they meet the requirements for 

operating covered aircraft under 

BasicMed, as provided in the Act. 

DATES: This rule is effective on 

November 18, 2024. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How to Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Bradley C. Zeigler, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–1100; email: 

Bradley.C.Zeigler@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

On May 16, 2024, the President 

signed into law the FAA 

Reauthorization Act of 2024 (Pub. L. 

118–63) (‘‘the Act’’), impacting certain 

requirements for BasicMed in section 

815, BasicMed for Examiners 

Administering Tests or Proficiency 

Checks, and section 828, Expansion of 

BasicMed. Specifically, section 815 

expanded the privileges of BasicMed to 

examiners and section 828 amended 

provisions in section 2307 of the FAA 

Extension, Safety, and Security Act of 

2016 (49 U.S.C. 44703 note) (FESSA) 

directly applicable to BasicMed. The 

Act also directed the Administrator of 

the FAA to implement the amendments 

made in sections 815 and 828 through 

rulemaking. Section 828 further 

provides that the Administrator of the 

FAA shall update regulations in 14 CFR 

parts 61 and 68 to implement the 

amendments made in the Act (i.e., the 

updated statutory language in FESSA), 

and within 180 days of the enactment, 

apply parts 61 and 68 to ensure that an 

individual may operate as pilot in 

command of a covered aircraft if the 

provisions of section 2307 of FESSA are 

met. The amendments to parts 61 and 

68 in this final rule align with the 

statutory charge set forth by section 

828 1 in the following manner: 

• Increase the number of allowable 

passengers from 5 to 6 and occupants 

from 6 to 7 for covered aircraft; 

• Increase the maximum takeoff 

weight from 6,000 pounds to 12,500 

pounds for covered aircraft; 

• Clarify that calendar months will be 

used in determining the duration of the 

comprehensive medical examination for 

those persons acting as the pilot in 

command or as a required flightcrew 

member for operations under 

§ 61.113(i); 

• Specify that covered aircraft does 

not include transport category rotorcraft 

certified to airworthiness standards 

under part 29; and 

• Clarify which versions of FAA 

Form 8500–8, Application for Airman 

Medical Certificate, may be used to 

populate the questions in the BasicMed 

Comprehensive Medical Examination 

Checklist. 

Section 815, BasicMed For Examiners 

Administering Tests or Proficiency 

Checks, provides that an examiner may 

administer a practical test or proficiency 

check if such examiner meets the 

medical eligibility requirements for 

BasicMed and the flight is conducted in 

a covered aircraft.2 While the FAA finds 

the expansion to be self-enacting, the 

section provided the FAA with three 

years to issue a final rule updating the 

regulations, as well as any related 

requirements the Administrator finds 

are in the interest of aviation safety.3

This final rule will, therefore, update 

§ 61.23 to permit persons performing the 

duties of an examiner to administer a 

practical test or proficiency check 

without holding a medical certificate 

issued under part 67, provided those 

persons meet the requirements to 

operate under the conditions and 

limitations set forth in § 61.113(i). 

Summary of the Costs and Benefits 

There are no costs or benefits of this 

rule relative to the with-statute baseline. 

This rule conforms FAA regulations to 

self-implementing legislation in sections 

815 and 828 of the FAA Reauthorization 

Act of 2024. Under the updated Office 

of Management and Budget (OMB) 

Circular A–4 guidance,4 an agency may 

use a with-statute baseline for 

estimating costs and benefits for 

regulations that simply restate statutory 

requirements in self-implementing 

legislation. Since the rule does not 

deviate from the self-implementing 

statutory provisions, there are no costs 

or benefits as measured against the 

with-statute baseline. 

II. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code (49 U.S.C.). 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 final rule is promulgated 

under the authority described in subtitle 

VII, part A, subpart iii, section 44701, 

General Requirements; section 44702, 

Issuance of Certificates; and section 

44703, Airman Certificates. Under these 

sections, the FAA is charged with 

prescribing regulations and minimum 

standards for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

The FAA is also authorized to issue 

certificates, including airman 

certificates and medical certificates, to 

qualified individuals. This final rule is 

within the scope of that authority. 

BasicMed provisions were originally 

promulgated under section 2307 of 


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5Philadelphia Citizens in Action v. Schweiker, 

669 F. 2d 877, 885–86 (3rd Cir. 1982) (finding the 

need for compliance with a statutorily prescribed 

deadline to contribute to a finding of good cause). 

6See Clay Broadcasting Corp. v. United States, 

464 F.2d 1313, 1320 (5th Cir. 1972), rev’d on other 

grounds sub nom. National Cable Television Ass’n, 

Inc. v. United States, 415 U.S. 336 (1974) (finding 

an effective date in accordance with a 

Congressional directive supports good cause to 

forgo the 30 days notice requirement.). 

7Technical amendments are ‘‘a routine 

determination, insignificant in nature and impact, 

and inconsequential to the industry and to the 

public.’’ See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 

94 (D.C. Cir. 2012))(quotation marks and citation 

omitted); See also United States v. Mullins, 2012 

WL 3777067, at *4 (D. Vt. Aug. 29, 2012) 

(explaining that public comment is unnecessary if 

minor or merely technical amendments in which 

the public is not particularly interested were 

involved). 

8 82 FR 3149. 

9BasicMed was additionally modified on 

November 22, 2022, by Medical Certification 

Standards for Commercial Balloon Operations final 

rule (87 FR 71218) to expand BasicMed to required 

flightcrew members in addition to persons acting as 

pilot in command in accordance with section 318 

of Public Law 115–254 (‘‘Commercial Balloon Pilot 

Safety Act of 2018’’) and in response to NTSB 

Safety Recommendation A–17–034. 

Public Law 114–190, the FAA 

Extension, Safety and Security Act of 

2016. The requirements of this rule 

continue to be within that authority, as 

well as under sections 815 and 828 of 

the FAA Reauthorization Act of 2024. 

III. Good Cause for Immediate 

Adoption 

The Administrative Procedure Act (5 

U.S.C. 553(b)(B)) requires an agency to 

conduct notice and comment 

rulemaking except when the agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest. Additionally, 

section 553(d) permits agencies, upon a 

finding of good cause, to issue rules 

with an effective date less than 30 days 

from the date of publication. The FAA 

finds good cause to forgo notice and 

opportunity for comment and the 30 

days notice requirement to implement 

the statutory amendments as a final 

rule. 

First, as it pertains to section 815, the 

FAA finds that notice and the 

opportunity for comment to be 

unnecessary because the final rule 

implements the statutory provisions 

without interpretation. The declaratory 

provision of section 815(a) became 

effective on May 16, 2024, immediately 

upon passage of the Act. While section 

815(b) provided three years to conform 

the regulations with the self-enacting 

provision, the FAA has simply adopted 

the statutory language without 

interpretation and implements that 

language directly into the regulations, 

rendering notice and the opportunity for 

comment unnecessary. 

Second, as it pertains to section 828, 

by effect of section 828(c), which directs 

the Administrator to ‘‘apply parts 61 

and 68, Code of Federal Regulations, in 

a manner reflecting the amendments 

made by this section,’’ the FAA must 

implement the provisions of section 

828(a) beginning 180 days after passage 

of the Act (i.e., November 12, 2024). 

Notice and the opportunity for comment 

are unnecessary in this action because 

the FAA is strictly implementing the 

amendments made to the statutory 

provisions in section 2307 of FESSA 

without interpretation. This rule 

conforms parts 61, 68, and 91 to the 

specific amended provisions within the 

Act. Additionally, because the FAA is 

simply amending the regulations to the 

language in section 2307 of FESSA, the 

updated regulations do not impose any 

additional substantive restrictions or 

requirements on the persons affected by 

these regulations. Further, case law 

supports the concept that the FAA’s 

compliance to implement a rule by the 

statutorily prescribed deadline of 

November 12, 2024, makes compliance 

with section 553 impracticable and 

supports a finding of good cause to forgo 

notice and the opportunity for 

comment.5

For similar reasons, the FAA finds 

good cause to forgo the 30 days delay of 

effective date requirement under 5 

U.S.C. 553(d) because 30 days delay of 

effective date is impracticable and 

unnecessary. The FAA is publishing 

this rule with an immediate effective 

date to comply with the statutory 

deadline imposed in section 828 of the 

Act, which directed the FAA to apply 

parts 61 and 68 to reflect the 

amendments beginning 180 days after 

the Act’s enactment. Additionally, 

because section 815 has been effective 

since May 14, 2024, (i.e., self-enacting), 

30 days notice is unnecessary. Delaying 

the effective date of this final rule will 

not stay these requirements from being 

legally binding and would only cause 

inconsistency between the FAA’s 

regulations and the statutory provisions 

already in effect.6 Therefore, the FAA 

finds good cause to forgo the 30 days 

effective date requirement to comply 

with the Congressional directive and 

align with FAA’s regulations with the 

self-enacting statutory provisions. 

Finally, this final rule makes one 

technical amendment to add an OMB 

control number for an already existing 

and approved information collection to 

the FAA’s regulatory list of control 

numbers in part 11. The FAA finds that 

notice and comment is unnecessary for 

such technical change.7

IV. Background 

FESSA was enacted on July 15, 2016. 

Section 2307(a) of FESSA, Medical 

Certification of Certain Small Aircraft 

Pilots, directed the FAA to ‘‘issue or 

revise regulations to ensure that an 

individual may operate as pilot in 

command of a covered aircraft’’ without 

having to undergo the medical 

certification process under 14 CFR part 

67 if the pilot and aircraft meet certain 

prescribed requirements as outlined in 

FESSA. The FAA implemented, without 

interpretation, the provisions of section 

2307 of FESSA by publishing the 

Alternative Pilot Physical Examination 

and Education Requirements final rule 

on January 11, 2017,8 which amended 

parts 61 and 91 and created part 68.9

These medical eligibility requirements 

for pilots are collectively known as 

BasicMed. 

On May 16, 2024, the President 

signed the FAA Reauthorization Act of 

2024 (Pub. L. 118–63) into law. Specific 

to this rulemaking, the FAA 

Reauthorization Act of 2024, sections 

815 and 828, promulgates certain 

changes to (1) expand the applicability 

of BasicMed to pilot examiners, (2) 

expand the definition of a covered 

aircraft in FESSA, (3) apply consistent 

usage of the term ‘‘calendar months,’’ 

and (4) permit the FAA to modify forms 

related to comprehensive medical 

examination checklists. As discussed 

herein, certain changes were selfenacting upon enactment of the 

Reauthorization, while others are selfenacting 180 days from the enactment of 

the Reauthorization. This final rule 

conforms FAA regulations as set forth 

by the Reauthorization. 

V. Section 828 Expansion of BasicMed 

Section 828(a) of the Act amended 

certain requirements set forth in FESSA, 

section 2307, paragraphs (a)(2), (a)(7), 

(a)(8)(A), (b)(2)(A)(i), (h), and (j). First, 

section 828 revises the definition of 

covered aircraft to increase the number 

of occupants in a BasicMed covered 

aircraft from 6 to 7, increases the 

maximum certificated takeoff weight 

from 6,000 pounds to 12,500 pounds, 

and excludes transport category 

rotorcraft certified to airworthiness 

standards under part 29. Second, 

section 828(a) also increases the 

maximum number of passengers from 5 

to 6, modifies the duration of time for 

a comprehensive medical examination 

from 48 months to 48 calendar months, 

and updates which medical application 

form versions the FAA may use to 

populate the questions of the 


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10While the statute directs the FAA to amend 

parts 61 and 68, the FAA notes that in order to 

implement the expansion of BasicMed to 

experimental aircraft which are not type certificated 

as the regulations currently reflect, the FAA must 

amend part 91. Section 91.319 prescribes operating 

limitations for aircraft having experimental 

certificates. This aligns with the approach set forth 

by the Alternative Pilot Physical Examination and 

Education Requirements final rule (82 FR 3149). 

11 82 FR 3149 at 3154. 

12Comprehensive discussion regarding the FAA’s 

analysis and implementation of ‘‘aircraft authorized 

under Federal Law’’ may be found at 82 FR 3149, 

at 3154. 

13Section 61.113 refers to the parameters of 

aircraft; however, the 2017 preamble 

unintentionally narrowed the aircraft authorized to 

type certificated aircraft and experimental aircraft, 

inadvertently omitting aircraft such as light sport 

aircraft and special flight permits. In practice, the 

FAA applies § 61.113 to any aircraft meeting the 

definition of ‘‘covered aircraft’’ and will continue 

to do so. 

14As previously stated in footnote 8 of this 

preamble, the statute directs the FAA to amend 

parts 61 and 68; however, because experimental 

aircraft are not type certificated but may be 

operated under BasicMed given the definitions set 

forth in FESSA, the FAA finds it appropriate to 

amend part 91 as well. Because experimental 

aircraft may be operated under BasicMed, the FAA 

omitted the word ‘‘certificated’’ from ‘‘maximum 

takeoff weight’’ in the 2017 final rule regulatory 

text, which is also reflected in this final rule. 

15For additional discussion on the relationship 

between ‘‘occupants’’ and ‘‘passengers’’ as it 

pertains to covered aircraft, see 82 FR 3149 at 3154. 

16 14 CFR 61.23(c)(3)(D). 

17 During this rulemaking, the FAA discovered 

that the rule establishing BasicMed, Alternative 

Pilot Physical Examination and Education 

Requirements, did not add OMB control number 

2120–0770 (approving the new information 

collection for FAA Form 8700–2) to § 11.201. 

Section 11.201 sets forth an informational list of 

current OMB control numbers, organized by 14 CFR 

part or section, identified and described for 

reference to the FAA’s information collection 

activities. This final rule corrects the error by 

adding the OMB control number to the table set 

forth in § 11.201(b). 

Comprehensive Medical Examination 

Checklist (BasicMed), FAA Form 8700– 

2 (CMEC). While section 828(b) directs 

the FAA to amend regulations in 14 CFR 

parts 61 and 68 without imposing a 

deadline to do so,10 paragraph (c) 

requires the FAA to apply parts 61 and 

68 in a manner reflecting the 

amendments made by paragraph (a) 

within 180 days of the enactment of the 

Act (i.e., November 12, 2024). The 

amended requirements of section 828 

and the FAA’s implementation of those 

requirements are subsequently 

discussed. 

A. Calendar Month (§ 61.23(c)(3)(i)(D)) 

Prior to this rule, § 61.23(c)(3)(i)(D) 

required that, to be eligible to operate 

under BasicMed, an individual must 

complete their comprehensive medical 

examination from a State-licensed 

physician during the 48 months before 

acting as a pilot in command or serving 

as a required flightcrew member in 

operations under § 61.113(i) and in 

accordance with the relevant 

requirements in part 68. This 

requirement was consistent with the 

directive of section 2307(a)(7) of FESSA 

at the time of final rule adoption 11 (i.e., 

before May 16, 2024). With the 

exception of § 61.23(c)(3)(i)(D), the FAA 

has generally used the term ‘‘calendar 

month’’ throughout part 61 to refer to 

periods of time for the purposes of 

recency. Further, the usage of the term 

‘‘month’’ was inconsistent within 

section 2307 of FESSA, which used the 

term ‘‘month’’ to refer to the duration of 

a comprehensive medical examination, 

but ‘‘calendar month’’ when referring to 

the duration of recency for the medical 

education course. This amendment will 

implement section 828(a)(1)(B) to 

correct the term and align the language 

in § 61.23 with part 61 convention and 

section 2307(a)(7) of FESSA to state 

‘‘calendar month.’’ 

B. Covered Aircraft Requirements 

(§§ 61.113(i)(1) and 91.319(j)) 

In section 2307(j) of FESSA, as 

promulgated in 2016, a covered aircraft 

was defined as an aircraft that (1) is 

authorized under Federal law to carry 

not more than 6 occupants; and (2) has 

a maximum certificated takeoff weight 

of not more than 6,000 pounds. These 

requirements were implemented for 

aircraft authorized under Federal law.12

Section 828(a)(4) of the FAA 

Reauthorization Act of 2024 amended 

section 2307(j) of FESSA to increase the 

number of occupants an aircraft is 

authorized to carry under Federal law 

from 6 to 7 and to increase the 

maximum certificated takeoff weight 

from not more than 6,000 pounds to not 

more than 12,500 pounds. Additionally, 

section 828(a)(4) added a third 

provision to section 2307(j) of FESSA to 

exclude transport category rotorcraft 

certificated to airworthiness standards 

under part 29. To note, these 

amendments were immediately adopted 

within 49 U.S.C. 44703 note (FESSA). 

For aircraft authorized under Federal 

law, this final rule revises § 61.113(i)(1) 

to reflect the provisions of section 

2307(j), as amended by section 

828(a)(4).13 Additionally, this final rule 

revises § 91.319(j) to increase the 

maximum number of occupants that a 

person may carry in an experimental 

aircraft operated under § 61.113(i) from 

6 to 7.14

C. Passengers in Covered Aircraft 

(§ 61.113(i)(1)) 

Section 2307(a)(8) of FESSA 

established limitations for operations 

under BasicMed. One operating 

requirement limited an individual 

operating in the covered aircraft from 

carrying more than 5 passengers. 

Section 828 of the Act amended section 

2307(a)(8)(A) (i.e., the operating 

requirement) by increasing the number 

of passengers from 5 to 6. This final rule 

will revise § 61.113(i)(1) to reflect this 

increased passenger limitation. 

Therefore, a covered aircraft may now 

be authorized to carry up to 7 occupants 

(including any required flight 

crewmembers) and may be operating 

with up to 6 passengers on board.15

D. Comprehensive Medical Examination 

Checklist (§ 68.7(a)(1)) 

To comply with the requirements of 

BasicMed, a pilot must receive a 

comprehensive medical examination 

from a State-licensed physician.16 The 

State-licensed physician conducts the 

examination using the CMEC17

completed by the recipient prior to the 

examination. Section 2307(b)(2) of 

FESSA prescribes the content of the 

CMEC, implemented in § 68.7. 

Originally, section 2307(b)(2)(A)(i) 

specified that the checklist must be 

populated with specific questions from 

FAA Form 8500–8 (3–99); however, the 

3–99 version of FAA Form 8500–8 is 

now obsolete and no longer an active 

form. 

Now, section 828(a)(2) of the Act 

amended section 2307(b)(2)(A)(i) of 

FESSA to specify that the checklist must 

include certain questions from the 

8500–8 (3–99) or any successor form, 

which include pertinent medical history 

of the examination recipient. As a result 

of the amendment, this final rule 

amends § 68.7(a)(1) by inserting the 

language ‘‘(or any successor form)’’ 

following ‘‘FAA Form 8500–8 (3–99).’’ 

In practice, this amendment explicitly 

facilitates future updates to the FAA 

Form 8700–2 CMEC and incorporates 

changes made to specific questions in 

subsequent versions of FAA Form 8500– 

8. 

VI. Expanding BasicMed for Examiners 

Administering Tests or Proficiency 

Checks 

Prior to FESSA, the medical eligibility 

requirements for an examiner mirrored 

the requirements for the applicant 

taking the examination. The provisions 

of section 2307 of FESSA, and 

subsequent modifications to apply 

BasicMed to required flightcrew 

members, did not originally apply to 

examiners because an examiner does 

not typically act as pilot in command of 

the aircraft for a practical test and only 


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18E.g., acting as a safety pilot under 14 CFR 

91.109(c)(1). 

19As a result, this final rule revises 

§ 61.23(c)(1)(v) and (vi) to account for list expansion 

(i.e., simply removing ‘‘or’’ from paragraph (c)(1)(v) 

and adding ‘‘or’’ to paragraph (c)(1)(vi)). 

20OMB Circular No. A–4 updated November 9, 

2023, page 12. Accessed September 30, 2024, at: 

https://www.whitehouse.gov/wp-content/uploads/ 

2023/11/CircularA-4.pdf. 

serves as a required flightcrew member 

during portions of a practical test.18

Section 815(a) of the FAA 

Reauthorization Act of 2024 permits 

examiners to administer a practical test 

or proficiency check so long as the 

examiner meets the medical eligibility 

requirements of BasicMed (i.e., the 

examiner meets the medical 

qualification requirements under part 68 

and the operation is conducted in a 

covered aircraft as defined in section 

2307(j) of FESSA). While the FAA 

determined that this provision was selfenacting as of May 16, 2024, section 

815(b) of the Act directs the FAA to 

issue a final rule revising part 61 within 

three years of enactment. Section 815(b) 

also permits the Administrator to add 

‘‘any related requirements the 

Administrator finds are in the interest of 

aviation safety’’ to the final rule; 

however, at this time, the FAA does not 

find any related requirements warranted 

and will not be adding any additional 

related requirements to this final rule. 

To align the regulations with the selfenacting statute, this final rule adds new 

§ 61.23(c)(1)(vii) 19 to explicitly allow 

examiners to administer practical tests 

or proficiency checks for airman 

certificates, ratings, or authorizations, 

provided the flight is conducted under 

the conditions and limitations set forth 

in § 61.113(i). 

The amended provisions in 

§ 61.23(a)(3)(iv) to allow examiners to 

perform their duties under BasicMed 

use the phrase ‘‘when meeting the 

requirements to operate under the 

conditions and limitations set forth in 

§ 61.113(i)’’ rather than ‘‘when operating 

under the conditions and limitations set 

forth in § 61.113(i)’’ because § 61.113(i) 

applies to persons exercising private 

pilot privileges as either pilot in 

command or as a required flightcrew 

member. The added phrase ‘‘when 

meeting the requirements’’ was 

included to clarify that even though the 

examiner may not be performing a pilot 

duty as an examiner and not serving as 

either pilot in command or as a required 

flightcrew member, that person may 

serve as an examiner without holding a 

medical certificate provided that person 

has otherwise met all the requirements 

to operate as pilot in command or as a 

required flightcrew member under 

BasicMed. 

VII. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Order 

12866, Executive Order 13563, and 

Executive Order 14094 (‘‘Modernizing 

Regulatory Review’’) direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify the 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 (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. 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 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. The current threshold after 

adjustment for inflation is $183 million 

using the most current (2023) Implicit 

Price Deflator for the Gross Domestic 

Product. This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. 

In conducting these analyses, the FAA 

has determined that this final rule: (1) 

has benefits that justify its costs, (2) is 

not a ‘‘significant regulatory action’’ as 

defined in section 3(f)(1) of Executive 

Order 12866, (3) will not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (4) 

will not impose an unfunded mandate 

on State, local, or tribal governments, or 

on the private sector by exceeding the 

threshold identified above. As the FAA 

finds good cause to forgo notice and 

opportunity for comment under 5 U.S.C. 

553(b)(B) for this final rule, 5 U.S.C. 603 

and 604 do not require regulatory 

flexibility analyses regarding impacts on 

small entities. 

A. Regulatory Evaluation 

There are no costs or benefits of this 

rule relative to the with-statute baseline. 

This rule conforms FAA regulations to 

self-implementing legislation in sections 

815 and 828 of the FAA Reauthorization 

Act of 2024. Section 815 allows a pilot 

examiner to perform authorized 

examiner duties so long as the examiner 

can otherwise meet the requirements to 

operate under BasicMed in the aircraft 

being used for the practical test or 

proficiency check. Section 828 expands 

BasicMed by increasing the number of 

allowable passengers in a covered 

aircraft to 6 (up from 5); increasing the 

allowable number of seats in a covered 

aircraft to 7 (up from 6); and increasing 

the maximum certificated takeoff weight 

of a covered aircraft to 12,500 pounds 

(up from 6,000 pounds). This expansion 

of Basic Med does not apply to transport 

category rotorcraft certified to 

airworthiness standards under part 29. 

Under the updated OMB Circular A– 

4 guidance,20 an agency may use a withstatute baseline for estimating costs and 

benefits for regulations that simply 

restate statutory requirements in selfimplementing legislation. Since the rule 

does not deviate from the selfimplementing statutory provisions, 

there are no costs or benefits as 

measured against the with-statute 

baseline. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act (RFA), 

in 5 U.S.C. 603, requires an agency to 

prepare an initial regulatory flexibility 

analysis describing impacts on small 

entities whenever 5 U.S.C. 553 or any 

other law requires an agency to publish 

a general notice of proposed rulemaking 

for any proposed rule. Similarly, 5 

U.S.C. 604 requires an agency to prepare 

a final regulatory flexibility analysis 

when an agency issues a final rule 

under 5 U.S.C. 553 after that section or 

any other law requires publication of a 

general notice of proposed rulemaking. 

The FAA finds good cause to forgo 

notice and comment and to not delay 

the effective date for this rule. As 5 

U.S.C. 553(b)(B) permits an agency to 

forgo notice and the opportunity for 

comment when good cause exists and 

the FAA finds good cause exists in this 

situation, 5 U.S.C. 603 and 604 similarly 

do not require regulatory flexibility 

analyses. 

C. 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 


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90576 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

21Annex 1 to the Convention on International 

Civil Aviation, ‘‘Personnel Licensing,’’ Chapter 6 

‘‘Medical Provisions for Licensing,’’ 11th Edition 

(July 2011). 

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 final rule and determined 

that it will only have a domestic impact 

and therefore will not create 

unnecessary obstacles to the foreign 

commerce of the United States. 

D. Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) governs 

the issuance of Federal regulations that 

require unfunded mandates. An 

unfunded mandate is a regulation that 

requires a State, local, or tribal 

government, or the private sector to 

incur direct costs without the Federal 

government having first provided the 

funds to pay those costs. The FAA 

determined that the final rule will not 

result in the expenditure of $183 

million or more by State, local, or tribal 

governments, in the aggregate, or the 

private sector, in any one year. 

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. 

The FAA has determined that there 

would be no new information collection 

associated with the requirement to 

complete the Comprehensive Medical 

Examination Checklist associated with 

this final rule. Approval to collect such 

information previously was approved by 

the Office of Management and Budget 

(OMB) under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)) and was assigned OMB 

Control Number 2120–0770. 

The FAA lists OMB control numbers 

assigned to its information collection 

activities in 14 CFR 11.201(b). 

Accordingly, this technical amendment 

updates 14 CFR 11.201(b) to display 

OMB control number 2120–0770 

associated with the information 

collection activities in the final rule, 

Alternative Pilot Physical Examination 

and Education Requirements. 

F. 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 (SARPs) to the 

maximum extent practicable. The FAA 

has reviewed ICAO SARPs applicable to 

private pilots. 

Airmen certificated by the FAA are 

represented to ICAO as compliant with 

ICAO standards for private pilots, 

among other requirements. As FESSA 

and this final rule describe standards 

that diverge from ICAO requirements,21

flights must be geographically limited to 

operations within the United States, 

unless authorized by the country in 

which the flight is conducted. 

The FAA will modify certain 

differences to reflect that certain U.S. 

private pilots no longer are required to 

hold a current FAA airman medical 

certificate. A filing is required for 

certain ICAO Annex 1 SARPs found in 

Chapters 1, 2, and 6. 

G. Environmental Analysis 

FAA Order 1050.1F 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 5–6.6f for regulations and 

involves no extraordinary 

circumstances. 

VIII. 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 

FAA 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, will not have federalism 

implications. 

B. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Consistent with Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, and 

FAA Order 1210.20, American Indian 

and Alaska Native Tribal Consultation 

Policy and Procedures, the FAA ensures 

that Federally Recognized Tribes 

(Tribes) are given the opportunity to 

provide meaningful and timely input 

regarding proposed Federal actions that 

have the potential to have substantial 

direct effects on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes; or to 

affect uniquely or significantly their 

respective Tribes. At this point, the FAA 

has not identified any unique or 

significant effects, environmental or 

otherwise, on Tribes resulting from this 

final rule. 

C. 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. The FAA has 

determined that it is not a ‘‘significant 

energy action’’ under the Executive 

order and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

D. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

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 will have no effect on 

international regulatory cooperation. 

IX. Additional Information 

A. Electronic Access and Filing 

A copy of this final rule and all 

background material may be viewed 

online at www.regulations.gov using the 

docket number listed above. A copy of 

this final rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 


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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90577 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at www.federalregister.gov and 

the Government Publishing Office’s 

website at www.govinfo.gov. A copy 

may also be found at the FAA’s 

Regulations and Policies website at 

www.faa.gov/regulations_policies. 

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) 267–9677. Requestors 

must identify the docket or amendment 

number of this rulemaking. 

All documents the FAA considered in 

developing this final rule, including 

economic analyses and technical 

reports, may be accessed from the 

internet through the Federal 

eRulemaking Portal referenced above. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) requires the FAA to comply 

with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official or the 

person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. To find out 

more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 11 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 68 

Aircraft, Airmen, Health, Reporting 

and recordkeeping requirements. 

14 CFR Part 91 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements, Transportation. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

Part 11—GENERAL RULEMAKING 

PROCEDURES 

■ 1. The authority citation for part 11 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40101, 40103, 

40105, 40109, 40113, 44110, 44502, 44701– 

44702, 44711, and 46102. 

■ 2. Amend § 11.201 by revising the 

table in paragraph (b) to read as follows: 

§ 11.201 Office of Management and Budget 

(OMB) control numbers assigned under the 

Paperwork Reduction Act. 

* * * * * 

(b) * * * 

14 CFR part or section 

identified and described 

Current OMB 

control No. 

* * * * * 

Part 68 .................................. 2120–0770 

* * * * * 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 3. The authority citation for part 61 is 

revised to read as follows: 

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

44703, 44707, 44709–44711, 44729, 44903, 

45102–45103, 45301–45302; Sec. 2307 Pub. 

L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 

note); sec. 318, Pub. L. 115–254, 132 Stat. 

3186 (49 U.S.C. 44703 note); and secs. 815 

and 828, Pub. L. 118–63, 138 Stat. 1330 (49 

U.S.C. 44703 note). 

■ 4. Amend § 61.23 by revising 

paragraphs (a)(3)(iv), (c)(1)(v) and (vi), 

adding paragraph (c)(1)(vii), and 

revising paragraph (c)(3)(i)(D) to read as 

follows: 

§ 61.23 Medical certificates: Requirement 

and duration. 

(a) * * * 

(3) * * * 

(iv) When performing the duties as an 

Examiner in an aircraft when 

administering a practical test or 

proficiency check for an airman 

certificate, rating, or authorization, 

except when meeting the requirements 

to operate under the conditions and 

limitations set forth in § 61.113(i). 

* * * * * 

(c) * * * 

(1) * * * 

(v) Exercising the privileges of a 

student, recreational or private pilot 

certificate if the flight is conducted 

under the conditions and limitations set 

forth in § 61.113(i); 

(vi) Exercising the privileges of a 

flight instructor certificate and acting as 

the pilot in command or as a required 

flight crewmember if the flight is 

conducted under the conditions and 

limitations set forth in § 61.113(i); or 

(vii) Serving as an Examiner and 

administering a practical test or 

proficiency check for an airman 

certificate, rating, or authorization if the 

flight is conducted under the conditions 

and limitations set forth in § 61.113(i). 

* * * * * 

(3) * * * 

(i) * * * 

(D) Receive a comprehensive medical 

examination from a State-licensed 

physician during the 48 calendar 

months before acting as pilot in 

command or serving as a required 

flightcrew member of an operation 

conducted under § 61.113(i) and that 

medical examination is conducted in 

accordance with the requirements in 

part 68 of this chapter; and 

* * * * * 

■ 5. Amend § 61.113 by revising 

paragraph (i)(1) to read as follows: 

§ 61.113 Private pilot privileges and 

limitations: Pilot in command. 

* * * * * 

(i) * * * 

(1) The aircraft is authorized to carry 

not more than 7 occupants, has a 

maximum takeoff weight of not more 

than 12,500 pounds, is operated with no 

more than 6 passengers on board, and is 

not a transport category rotorcraft 

certified to airworthiness standards 

under part 29 of this chapter; and 

* * * * * 

PART 68—REQUIREMENTS FOR 

OPERATING CERTAIN SMALL 

AIRCRAFT WITHOUT A MEDICAL 

CERTIFICATE 

■ 6. The authority citation for part 68 is 

revised to read as follows: 

Authority: 49 U.S.C. 106(f), 44701–44703, 

sec. 2307 of Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); sec. 828 of Pub. L. 

118–63, 138 Stat. 1330 (49 U.S.C. 44703). 

■ 7. Amend § 68.7 by revising paragraph 

(a)(1) to read as follows: 

§ 68.7 Comprehensive Medical 

Examination Checklist. 

* * * * * 

(a) * * * 

(1) Boxes 3 through 13 and boxes 16 

through 19 of the FAA Form 8500–8 (3– 

99), or any successor form; and 

* * * * * 

Part 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 8. The authority citation for part 91 is 

revised to read as follows: 

Authority: 49 U.S.C. 106(f), 40101, 40103, 

40105, 40113, 40120, 44101, 44111, 44701, 


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44704, 44709, 44711, 44712, 44715, 44716, 

44717, 44722, 46306, 46315, 46316, 46504, 

46506–46507, 47122, 47508, 47528–47531, 

47534; Pub. L. 114–190, 130 Stat. 615 (49 

U.S.C. 44703 note); Sec. 828 of Pub. L. 118– 

63, 138 Stat. 1330 (49 U.S.C. 44703 note); 

articles 12 and 29 of the Convention on 

International Civil Aviation (61 Stat. 1180), 

(126 Stat. 11). 

■ 9. Amend § 91.319 by revising 

paragraph (j) to read as follows: 

§ 91.319 Aircraft having experimental 

certificates: Operating limitations. 

* * * * * 

(j) No person may operate an aircraft 

that has an experimental certificate 

under § 61.113(i) of this chapter unless 

the aircraft is carrying not more than 7 

occupants. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and secs. 815 

and 828 of Public Law 118–63. 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–26935 Filed 11–14–24; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1624; Airspace 

Docket No. 24–ACE–7] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Rose Hill, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Rose Hill, KS to support 

new public instrument procedures. 

DATES: Effective date 0901 UTC, 

December 26, 2024. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11J, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: Raul 

Garza Jr., Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5874. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding 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 I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

Class E airspace extending upward from 

700 feet above the surface at Cook 

Airfield, Rose Hill, KS, to support 

instrument flight rule operations at this 

airport. 

History 

The FAA published an NPRM for 

Docket No. FAA 2023–1624 in the 

Federal Register (89 FR 66290; August 

15, 2024), proposing to establish the 

Class E airspace at Rose Hill, KS. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Differences From the NPRM 

An FAA database review noted that 

the incorrect coordinates were used in 

the NPRM. This Final Rule replaces the 

incorrect coordinates with the correct 

coordinates: 37°33′55′′ N, long 

097°10′29′′ W. This action does not 

change the airspace dimensions or 

operating requirements. 

Incorporation by Reference 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11J, 

dated July 31, 2024 and effective 

September 15, 2024. FAA Order JO 

7400.11J is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

establishing Class E airspace upward 

from 700 feet above the surface within 

a 6.6-mile radius of Cook Airfield, Rose 

Hill, KS. 

This action supports new public 

instrument procedures. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 


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