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[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74607-74612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29386]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No.: FAA-2014-1000; Amdt. No. 65-56]
RIN 2120-AK40

Elimination of the Air Traffic Control Tower Operator Certificate 
for Controllers Who Hold a Federal Aviation Administration Credential 
With a Tower Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This rulemaking eliminates the requirement for an air traffic 
control tower operator to hold a control tower operator certificate if 
the individual also holds a Federal Aviation Administration Credential 
with a tower rating (FAA Credential). The requirement to hold both the 
control tower operator certificate and the FAA Credential is redundant 
since the underlying requirements for the FAA Credential encompass 
those of the control tower operator certificate. This action will 
reduce the FAA's burden of administering redundant programs for those 
individuals who hold an FAA Credential.

DATES: This rule is effective February 17, 2015. Send comments on or 
before February 17, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-1000 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Michele Cappelle, Air Traffic Safety Oversight 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-5205; email 
michele.cappelle@faa.gov.
    For legal questions concerning this action, contact Neal O'Hara, 
Attorney, Office of the Chief Counsel, Regulations

[[Page 74608]]

Division, AGC-240, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email 
neal.o'hara@faa.gov.

SUPPLEMENTARY INFORMATION:

Executive Summary

    On January 18, 2011, the President signed Executive Order 13563, 
Improving Regulation and Regulatory Review. Among other things, Section 
6 of that Executive Order directs agencies to conduct a retrospective 
analysis of existing rules. Specifically, Executive Order 13563 
provides that ``[t]o facilitate the periodic review of existing 
significant regulations, agencies shall consider how best to promote 
retrospective analysis of rules that may be outmoded, ineffective, 
insufficient, or excessively burdensome, and to modify, streamline, 
expand, or repeal them in accordance with what has been learned.''
    Consistent with Executive Order 13563, the FAA routinely evaluates 
existing regulations and other requirements. The FAA works to identify 
unnecessary, duplicative, or ineffective regulations and to mitigate 
the impacts of those regulations, where possible, without compromising 
safety.
    As part of the FAA's continuing obligation to review its 
regulations, the agency has reviewed the requirement in Title 14, Code 
of Federal Regulations (14 CFR) part 65 that FAA air traffic control 
tower operators hold a CTO certificate. The FAA has determined that the 
requirement for FAA air traffic control tower operators to hold the CTO 
certificate is redundant and unnecessary. These individuals are also 
required by FAA Order 8000.90, Air Traffic Safety Oversight 
Credentialing and Control Tower Operator Certification Programs, to 
hold an FAA Credential, and the underlying requirements for the FAA 
Credential encompass those of the CTO certificate. Therefore, 
consistent with the requirements of Executive Order 13563, and as 
discussed later, persons who hold an FAA Credential for the performance 
of their duties will no longer be required to hold a CTO certificate.
    The purpose of both the FAA Credentialing and the CTO programs is 
to establish that air traffic controllers possess the requisite skills 
to do their jobs safely. While the FAA Credential is comparable to a 
CTO certificate, they are two different programs requiring separate 
administrative activities. After many years of overseeing both 
programs, the FAA has determined there is no appreciable value in 
imposing both programs on the same population. Therefore, the FAA is 
amending 14 CFR part 65 to permit a person to act as an air traffic 
control tower operator if that person holds either an FAA Credential or 
a CTO certificate. FAA tower controllers must hold an FAA Credential. 
This amendment eliminates the need for an air traffic control tower 
operator to hold both an FAA Credential and a CTO certificate.
    The FAA notes that the CTO program will remain intact for those 
individuals who are not required to hold an FAA Credential (e.g., 
controllers at non- Federal contract towers). In addition, FAA air 
traffic control tower operators who currently possess CTO certificates 
will be permitted to retain them.
    The FAA estimates there will be minimal cost savings to the FAA of 
about $189,600 because of this rule change.

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of Title 5 of the United States Code (5 
U.S.C.), authorizes agencies to dispense with notice and comment 
procedures for rules when the agency finds ``good cause'' that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under this section, an agency, upon finding good cause, may 
issue a final rule without seeking comment prior to the rulemaking.
    The FAA finds that prior notice and public comment on this final 
rule are unnecessary. This final rule eliminates the requirement for an 
air traffic control tower operator (CTO) to hold a CTO certificate if 
the individual also holds an FAA Credential with a tower rating (FAA 
Credential). The requirement to hold both the CTO certificate and the 
FAA Credential is redundant, since the underlying requirements for the 
FAA Credential encompass those of the CTO certificate, and there will 
not be an adverse safety impact. Therefore, the FAA has determined that 
prior notice and public comment are unnecessary.

Comments Invited

    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. The FAA is adopting this final rule without prior 
notice, but with public comment, because this rule removes a redundant 
requirement and promotes program efficiencies.

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, specifically Sections 106(f) 
and (g). Subtitle VII, Aviation Programs, describes in more detail the 
scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart iii, Section 44701, General Requirements; 
Section 44702, Issuance of Certificates; and, Section 44703, Airman 
Certificates. Under Section 44701, the FAA is charged with prescribing 
regulations and minimum standards for practices, methods, and 
procedures the Administrator finds necessary for safety in air 
commerce. Section 44702 provides the authority for the Administrator to 
issue certificates, including airman certificates. Section 44703 
describes the conditions that must be met for the Administrator to 
issue an airman certificate. This rule is within the scope of that 
authority.

I. Background

A. Statement of the Problem

    According to Sec.  65.31, a person must hold a CTO certificate 
issued under subpart B of part 65 to act as an air traffic control 
tower operator. When the rule was first promulgated in 1962, all FAA 
controllers worked in tower facilities. However, as the air traffic 
control system evolved, other types of facilities, namely En Route and 
Terminal Radar Approach Control (TRACON) facilities, came into 
existence. The rule, however, continued to require only air traffic 
control tower operators to hold a CTO certificate.
    The FAA's Air Traffic Safety Oversight Service (AOV) issues the FAA 
Credential to FAA air traffic controllers under its authority in FAA 
Order 1100.161 Change 1, Air Traffic Safety Oversight. FAA Order 
8000.90, Air Traffic Safety Oversight Credentialing and Control Tower 
Operator Certification Programs, explains how each of these programs 
are administered.
    The FAA Credentialing program is broader than the CTO program. The 
FAA Credentialing program requires all FAA air traffic controllers, 
including those working in tower, En Route and TRACON facilities, to 
hold an FAA Credential with appropriate ratings. FAA control tower 
operators, therefore, hold a CTO certificate under Sec.  65.31 as well 
as an FAA Credential. The requirement to hold both the CTO certificate 
and the FAA Credential is

[[Page 74609]]

redundant, since the underlying requirements for the FAA Credential 
encompass those of the CTO certificate. There will not be an adverse 
impact to safety as the result of this change to part 65.
    The purpose of both the FAA Credentialing and the CTO programs is 
to establish that air traffic controllers possess the requisite skills 
to do their jobs safely. While the FAA Credential is comparable to a 
CTO certificate, they are two different programs requiring separate 
administrative activities. After many years of overseeing both 
programs, the FAA has determined there is no appreciable value in 
imposing both programs on the same population (FAA control tower 
operators). After the effective date of this rule, the FAA will no 
longer issue CTO certificates to FAA air traffic control tower 
operators who are required to hold an FAA Credential for the 
performance of their duties. As noted previously, FAA air traffic 
control tower operators who currently possess CTO certificates will be 
permitted to retain them.

B. CTO Program

    On August 10, 1962, the FAA published a final rule that added 
Subchapter D ``Airmen'' to Chapter I of Title 14 of the Code of Federal 
Regulations (27 FR 7954). The amendment was part of the FAA's program 
to recodify its regulatory material into the Federal Aviation 
Regulations, which replaced the Civil Air Regulations and Regulations 
of the Administration. This rule first established the requirements for 
the CTO certificate in part 65. The purpose of the CTO program is to 
ensure that air traffic controllers possess the requisite 
qualifications and skills to do their jobs safely.
    The FAA established AOV in 2005 to provide independent oversight of 
air traffic services. As part of its responsibilities, AOV manages the 
CTO program and establishes policy and guidance for the program. The 
FAA's Civil Aviation Registry is the official custodian of airmen and 
aircraft records. The Registry is the office responsible for the day-
to-day administration activities including the review, recordation, and 
the issuance of CTO certificates and AOV Credentials. The CTO 
information that is currently in the Civil Aviation Registry database 
will remain in the database. The Civil Aviation Registry will continue 
to maintain CTO information and will continue to receive and process 
CTO applications for individuals who meet the requirements of 14 CFR 
part 65.
    The FAA's Civil Aviation Registry will continue to receive 
inquiries concerning FAA air traffic controllers. Any inquiries related 
to policy and guidance concerning the CTO program and the Credentialing 
program will be directed to AOV, as appropriate.

C. FAA Credentialing Program

    In addition to managing the CTO program, AOV manages the FAA 
Credentialing program for air traffic controllers. Like the CTO 
program, the purpose of the Credentialing program is to establish that 
air traffic controllers possess the requisite qualifications and skills 
to do their jobs safely. The Credentialing program encompasses the 
underlying requirements of the CTO program. Unlike the CTO program, 
which is only applicable to air traffic control tower operators, the 
FAA Credentialing program is broader and applies to all air traffic 
controllers, including those who work in En Route and TRACON 
facilities.
    AOV is the office responsible for tracking and maintaining the 
system that houses FAA Credential information. This system does not 
contain any personally identifiable information, such as Social 
Security numbers, home addresses, or dates of birth.

II. Discussion of Adopted Final Rule

A. Removal of Redundant Program Requirements (Sec. Sec.  65.11 and 
65.31)

    The FAA is revising Sec. Sec.  65.11 and 65.31 to recognize the FAA 
Credential and permits a person to act as an air traffic control tower 
operator if that person holds either an FAA credential or a CTO 
certificate. FAA tower controllers must hold an FAA credential. Any 
person who is required to hold an FAA Credential for the performance of 
his or her duties will no longer be required to also hold a CTO 
certificate. It also relieves the FAA from subjecting a select group of 
air traffic controllers to two separate programs.
    To conform to the changes in this rule, the FAA is updating its 
internal procedures for managing the FAA Credentialing and CTO programs 
(FAA Order 8000.90). The revision to FAA Order 8000.90 will be 
effective at the same time as this rule.

B. Removal of Outdated Language (Sec.  65.43)

    The FAA is also removing outdated language regarding junior and 
senior ratings. On August 1, 1970, the FAA published a final rule that 
reorganized the requirements in subpart B of part 65 and established a 
facility rating (35 FR 12326). The FAA intended to remove the junior 
and senior ratings because they were unnecessary, but inadvertently did 
not remove the regulatory text. This rule corrects that error, and the 
FAA is now removing the unnecessary requirement.

III. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule. We suggest readers 
seeking greater detail read the full regulatory evaluation, a copy of 
which we have placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this final 
rule: (1) Has benefits that justify its costs, (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) will not have a 
significant economic impact on a substantial number of small entities; 
(5) will not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) will not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector by 
exceeding the threshold identified above. These analyses are summarized 
below.

[[Page 74610]]

Who is potentially affected by this rule?
    Persons who hold an FAA Credential for the performance of their 
duties are potentially affected by this rule. After the effective date 
of this rule, such persons will no longer be required to hold a CTO 
certificate.
    Assumptions:
     All costs are presented in 2014 dollars.
     The FAA estimates about $35 to process each CTO 
certificate.
     The number of CTO certificates issued in 2011 and 2012 
totaled 1,070 and 1,048, respectively. The average of both years is 
1,059.
     The FAA estimates 2 hours for the Air Traffic Supervisor/
Manager to fill out the CTO form.
     The FAA estimates 15 minutes for a Legal Instruments 
Examiner to enter the CTO form information into the AFS database.
     The hourly rate for an Air Traffic Supervisor/Manager is 
$68.11.
     The hourly rate for a Legal Instruments Examiner is 
$31.29.
Total Benefits and Costs of This Rule
    This final rule responds to Executive Order 13563 by reducing the 
FAA's burden of administering redundant programs, the FAA Credentialing 
program and the CTO program.
    A CTO certificate costs the same amount as an FAA Airmen 
Certificate to produce. The FAA estimates that this cost range is 
between $20 and $50 per Airmen Certificate. The FAA used the midpoint 
of that range, $35, as an estimate of cost to produce a CTO 
certificate.
    Since this rulemaking eliminates the requirement for controllers 
holding an FAA Credential to also hold a CTO certificate, this amounts 
to an average cost savings of approximately $189,600; ranging from 
$173,700-$205,500 for a $20-$50 per application processing cost, 
respectively.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA has determined that this final rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reason:
    This rule reduces redundancy, which lowers FAA costs and has no 
effect outside of the FAA.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities. The FAA 
solicits comments regarding this determination.

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 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 have only a domestic impact and therefore will not create 
unnecessary obstacles to the foreign commerce of the United States.

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 $151 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. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

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 to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no new differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, 
identifies FAA actions that are categorically excluded from preparation 
of an environmental assessment or environmental impact statement under 
the National Environmental Policy Act in the absence of extraordinary 
circumstances. The FAA has determined this rulemaking action qualifies 
for the categorical exclusion identified in paragraph 312f and involves 
no extraordinary circumstances.

IV. 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

[[Page 74611]]

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.

C. Executive Order 13609

    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 would have 
no effect on international regulatory cooperation.

V. How To Obtain 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 this rule. The 
most helpful comments reference a specific portion of the rule, 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. The FAA will consider all 
comments it receives on or before the closing date for comments. The 
agency may change this rule in light of the comments it receives.
    Commenters are encouraged to identify the provisions on which they 
are commenting based on the title of the provisions.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD-ROM, mark the outside of the disk or CD-
ROM, and identify electronically within the disk or CD-ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at: http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

C. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

D. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires 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 in 14 CFR Part 65

    Air traffic controllers, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 65--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 65 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g). 40113, 44701-44703, 44707, 
44709-44711, 45102-45103, 45301-45302.

0
2. Amend Sec.  65.11 by revising paragraph (b) to read as follows:

Sec.  65.11  Application and issue.

* * * * *
    (b) Except for FAA Credential holders with tower ratings, an 
applicant who meets the requirements of this part is entitled to an 
appropriate certificate and rating.
* * * * *

0
3. Amend Sec.  65.31 by revising the section heading, introductory 
text, and paragraphs (a) and (b) to read as follows:

Sec.  65.31  Required credentials, certificates, and ratings or 
qualifications.

    No person may act as an air traffic control tower operator at an 
air traffic control tower in connection with civil aircraft unless he 
or she--
    (a) Holds an FAA Credential with a tower rating or an air traffic 
control tower operator certificate issued under this subpart;
    (b) Holds a facility rating for that control tower issued under 
this subpart, or has qualified for the operating position at which he 
or she acts and is under the supervision of the holder of a facility 
rating for that control tower; and
* * * * *

Sec.  65.43  [Removed and Reserved]

0
4. Remove and reserve Sec.  65.43.

[[Page 74612]]

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on November 14, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-29386 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-13-P
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