[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53560-53562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2004-19630; Amendment No. 61-108]
RIN 2120-AI38


Second-in-Command Pilot Type Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; compliance date and correction.

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SUMMARY: The FAA is establishing a compliance date for the final rule 
published in the Federal Register on August 4, 2005. The rule revised 
the pilot certification regulations to establish a second-in-command 
(SIC) pilot type rating and associated qualifying procedures. This 
action is necessary to give affected pilots time to prepare and file 
the paperwork necessary to obtain the SIC pilot type rating. We also 
are correcting the amendment number of the final rule.

DATES: Effective date: The final rule's effective date remains 
September 6, 2005.
    Compliance date: Pilots acting as a second in command and who will 
be flying outside U.S. domestic airspace and landing in a foreign 
country must hold the appropriate SIC pilot type rating no later than 
June 6, 2006.

FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification Branch, 
AFS-840, General Aviation and Commercial Division, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-3844 or via the Internet at: 
<a href="/cdn-cgi/l/email-protection#254f4a4d4b0b410b495c4b464d654344440b424a53"><span class="__cf_email__" data-cfemail="2f45404741014b014356414c476f494e4e01484059">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy of this document using the Internet 
by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policy Web page at http://www.faa.gov/regulations_policy/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.

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. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.cfm.

Authority for This Action

    The Department of Transportation (DOT) has the responsibility, 
under the laws of the United States, to develop transportation policies 
and programs that contribute to providing fast, safe, efficient, and 
convenient transportation (49 U.S.C. 101). The Federal Aviation 
Administration (FAA) is an agency of DOT. The Administrator of the FAA 
has general authority to issue rules regarding aviation safety (49 
U.S.C. 106(g) and 44701). When an individual is found to be qualified 
for, and physically able to perform, certain duties, including those 
associated with flying and navigating an aircraft, the FAA issues an 
airman certificate. The airman certificate must specify the capacity in 
which the holder of the certificate may serve with respect to an 
aircraft (49 U.S.C. 44703). It is relevant to this rulemaking to also 
point out that, in carrying out their duties, the Secretary of 
Transportation and the Administrator of the FAA must act consistently 
with obligations of the United States Government under an international 
agreement (49 U.S.C. 40105).
    This action establishes a compliance date for the SIC pilot type 
rating and associated qualifying procedures. The compliance date is the 
date that those affected by a rule must begin to follow it. In the 
preamble to the amendments adopted on August 4, 2005, the FAA found the 
amendments to be a reasonable and necessary exercise of our rulemaking 
authority and obligations. We now find that establishing a compliance 
date, by extension, also is a reasonable and necessary exercise of our 
rulemaking authority and obligations.

Background

    On August 4, 2005, the FAA amended its regulations to provide for 
issuance of a pilot type rating for SIC privileges when a person 
completes the SIC pilot familiarization training set forth under 14 CFR 
61.55(b), an FAA-approved SIC training curriculum under 14 CFR parts 
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR 
45263. The amendments adopted on August 4, 2005, are based on a notice 
of proposed rulemaking (NPRM) published in the Federal Register on 
November 16, 2004. See 69 FR 67258.
    The amendments require pilots acting as second in command and who 
plan to fly outside U.S. airspace and land in foreign countries to 
obtain the SIC pilot type rating. The amendments also establish two 
procedures for obtaining the SIC pilot type rating. The effective date 
of the amendments is September 6, 2005. The effective date is the date 
the amendments affect the current Code of Federal Regulations (CFR).

Establishing a Compliance Date

    Although we received two comments on the November NPRM asking for 6 
to 18 months for pilots to comply with the requirement to obtain a SIC 
pilot type rating,\1\ the FAA believed that 30 days (by September 6, 
2005) was sufficient time. Additionally, the FAA has been put on notice 
by several foreign civil aviation authorities that they intend to begin 
enforcing the type-rating requirement; thus we believe that the sooner 
the rule becomes effective and U.S. pilots receive their SIC pilot type 
ratings, the sooner U.S. flight crews will be able to operate 
internationally unimpeded.
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    \1\ The National Air Carrier Association recommended that the 
FAA provide a minimum of six months from issuing the final rule to 
full implementation and revision of its ICAO difference because its 
member airlines need to provide time for the initial processing of 
the several hundred thousand applications required for this SIC 
pilot type rating. The representative of American Airlines requested 
18 months to complete the initial certification process for its 
initial 3,066 pilots that are not currently type rated.
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    The Agency, however, has reevaluated the time necessary for pilots 
to comply with the amendments. Since

[[Page 53561]]

the final rule was published, we have received information from the 
airlines and trade associations demonstrating that it will not be 
possible to comply with the rule by the effective date of September 6, 
2005. The pilots who need the SIC pilot type rating have to prepare and 
file the necessary paperwork, and the FAA and its designees need time 
to process the forms and issue the ratings. In spite of general 
agreement that the rule is needed, it simply is physically impossible 
for everyone to comply by September 6, 2005. This is particularly true 
of the major airlines, which employ thousands of pilots.
    The FAA, therefore, has reconsidered the position we originally 
took in responding to the comments on the November NPRM. We believe it 
will benefit no one to place a potentially large number of pilots in 
technical noncompliance with the regulations. The airlines have a duty 
to comply with the regulations. They could not, in good faith, assign a 
pilot to an international flight knowing that the pilot did not possess 
a required type rating. This situation could result in disruption of 
international freight and passenger service.
    For this reason, we are establishing a compliance date for the 
August amendments. The compliance date is June 6, 2006. A compliance 
date, in contrast to an effective date, is the date that those affected 
by the rule must begin to follow it. Thus, pilots acting as a second in 
command and who will be flying outside U.S. domestic airspace and 
landing in a foreign country must hold the appropriate SIC pilot type 
rating no later than June 6, 2006. This period of nine additional 
months should be sufficient to enable affected pilots to obtain the SIC 
pilot type rating. This is particularly true in light of the fact that 
the August amendments incorporate several changes to what was 
originally proposed that streamline the processes.
    As we stated in our response to the comments on this issue, it is 
important for the August amendments to take effect as soon as possible. 
Those amendments put in place the procedure that pilots will follow to 
obtain the SIC pilot type rating. It would serve no purpose to delay 
the effective date of the rule. For this reason, the effective date of 
the rule is unaffected by this action and remains September 6, 2005.

Good Cause for Foregoing Public Notice and Comment

    Section 553(b)(3)(B) of the Administrative Procedures Act, 5 U.S.C. 
553(b)(3)(B), authorizes agencies to dispense with certain notice 
procedures for rules when they find ``good cause'' to do so. Under 
section 553(b)(3)(B), the requirements of notice and opportunity for 
comment do not apply when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    In this case, the FAA finds that notice and public comment are 
unnecessary and contrary to the public interest. This action 
establishes a compliance date for the amendments adopted on August 4, 
2005. We adopted those amendments using the public notice and comment 
procedure. That the public had ample notice and opportunity to comment 
is indisputable since we received comments on the issue of when 
affected pilots would have to comply. As a result, we find that another 
round of public notice and comment is unnecessary. Additional public 
notice and comment is also contrary to the public interest since it 
would delay establishment of a compliance date, which could result in 
pilots not obtaining the necessary pilot type rating in a timely 
manner. This, in turn, could disrupt international freight and 
passenger service.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 
3507(d), the FAA submitted a copy of the amended information collection 
requirements in the August 4, 2005, final rule to the Office of 
Management and Budget for its review. OMB approved the collection of 
this information and assigned OMB Control Number 2120-0693.
    This action establishes a compliance date for the amendments 
adopted on August 4, 2005, which requires pilots who need to obtain an 
SIC rating to use the existing Airman Certificate and/or Rating 
Application, FAA Form 8710-1. 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.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We 
are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Our assessment of this proposal indicates that its 
economic impact is minimal. Since its costs and benefits do not make it 
a ``significant regulatory action'' as defined in the Order, we have 
not prepared a ``regulatory impact analysis.'' Similarly, we have not 
prepared a ``regulatory evaluation,'' which is the written cost/benefit 
analysis ordinarily required for all rulemaking proposals under the DOT 
Regulatory and Policies and Procedures. We do not need to do the latter 
analysis where the economic impact of a proposal is minimal.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612, 
directs the FAA to fit regulatory requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation. We are required to determine whether a proposed or final 
action will have a ``significant economic impact on a substantial 
number of small entities'' as defined in the Act. If we find that the 
action will have a significant impact, we must do a ``regulatory 
flexibility analysis.''
    This action establishes a compliance date for the amendments 
adopted on August 4, 2005. Its economic impact, beyond that of the 
amendments adopted on August 4, 2005, is minimal. Therefore, we certify 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Trade Impact Assessment

    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

[[Page 53562]]

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 impose the same costs on domestic and international 
entities and, thus, has a neutral trade impact.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 104-4 on March 22, 1995, is intended, among other things, to curb 
the practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of the Act 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 a $100 
million or more expenditure (adjusted annually for inflation) 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 $120.7 million in lieu of $100 million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we have determined that this final rule does not 
have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 307k and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

Correction

    Under the final rule, FR Doc. 05-15376, published on August 4, 2005 
(70 FR 45263), make the following correction:
    1. On page 45264, in column 1 in the heading section, beginning on 
line 4, correct ``Amendment No. 05-113'' to read ``Amendment No. 61-
113''.

    Issued in Washington, DC on September 2, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-17896 Filed 9-6-05; 11:26 am]
BILLING CODE 4910-13-P


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