53560 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 

1The 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. 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 1, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17779 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

john.d.lynch@faa.gov. 

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. 

The Agency, however, has 

reevaluated the time necessary for pilots 

to comply with the amendments. Since 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 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 

53562 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21873; Airspace 

Docket No. 05–ACE–27] 

Modification of Class D and Class E 

Airspace; Salina Municipal Airport, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments; correction. 

SUMMARY: This action corrects an error 

in the legal description of Class D 

airspace in a direct final rule, request for 

comments that was published in the 

Federal Register on Friday July 29, 2005 

(70 FR 43742). 

DATES: This direct final rule is effective 

on 0901 UTC, October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Register Document 2005–

21873, published on Friday July 29, 

2005 (70 FR 43742), modified Class D 

and Class E Airspace at Salina 

Municipal Airport, KS. The phrase 

‘‘This Class D airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in 

the Airport/Facility Directory,’’ was 

incorrectly deleted from the legal 

description of Class D airspace. This 

action corrects that error. 

Accordingly, pursuant to the 

authority delegated to me, the error in 

the legal description of Class D 

Airspace, Topeka, Forbes Field, KS as 

published in the Federal Register 

Friday July 29, 2005 (70 FR 43742), (FR 

Doc. 2005–21873), is corrected as 

follows: 

On page 43743, Column 1, under 

SUMMARY, delete the following 

sentences: ‘‘This action also removes 

references to effective dates and times 

established in advance by a Notice to 

Airmen from the legal descriptions for 

Class D airspace. The effective dates and 

times are now continuously published 

in the Airport/Facility Directory’’. 

PART 71—[CORRECTED] 

§ 71.1 [Corrected] 

■ On page 43744, Column 1, at the end 

of the legal description of ACE KS D 

Salina KS, add the phrase ‘‘This Class 

D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen.The 

effective date and time will thereafter be 

continuously published in the Airport/ 

Facility Directory.’’

Issued in Kansas City, MO, on August 24, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–17834 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–05–027] 

RIN 1625–AA00 

Safety Zone; New York Super Boat 

Race, Hudson River, NY 

AGENCY: Coast Guard, DHS.