59598 Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1, 11, 60, and 121 

[Docket No. FAA–2002–12461; Amendment 

Nos. 1–59, 11–54, 60–2, 121–335] 

RIN 2120–AH07 

Flight Simulation Training Device 

Initial and Continuing Qualification and 

Use 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; correction, delay of 

effective and compliance dates. 

SUMMARY: The Federal Aviation 

Administration (FAA) is delaying the 

effective date of a final rule that 

established qualification requirements 

for flight simulation training devices 

(FSTD). In addition, because the new 

rule set forth specific dates for 

compliance, to ensure that individuals 

affected by the rule have adequate time 

to comply with the rule, the FAA will 

also delay the compliance date of the 

rule. The new rule consolidates and 

updates FSTD requirements that 

currently exist in different parts of the 

FAA’s regulations and in advisory 

circulars. The extension of the effective 

date is necessary because the FAA has 

initiated a subsequent rulemaking that 

would provide greater harmonization 

with the international standards 

document for simulation. Delaying the 

effective date of the final rule will allow 

the agency to complete this subsequent 

rulemaking and amend the final rule 

that established qualification 

requirements for FSTD before the 

October 30, 2007, effective date. 

DATES: Effective Dates: The effective 

date of the rule establishing 14 CFR part 

60 and amending 14 CFR parts 1, 11, 

and 121, published at 71 FR 63392 

(October 30, 2006), is delayed from 

October 30, 2007, to May 30, 2008. In 

addition, the amendments in this 

document are effective May 30, 2008. 

Compliance Dates: The compliance 

date of the rule establishing 14 CFR part 

60 is delayed from October 30, 2009, to 

May 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Ed 

Cook, Air Transportation Division 

(AFS–200), Flight Standards Service, 

Federal Aviation Administration, 100 

Hartsfield Centre Parkway, Suite 400, 

Atlanta, GA 30354; telephone: 404–832– 

4700. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; 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. 

Anyone is able to search the electronic 

form of all comments received into any 

of our 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.). You may review DOT’s 

complete Privacy Act statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78), or you may visit http:// 

DocketInfo.dot.gov. 

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. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 

the person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

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, 49 U.S.C. 44701. Under that section, 

the FAA is charged with regulating air 

commerce in a way that best promotes 

safety. 

Background 

During the development of the part 60 

final rule (hereinafter ‘‘part 60 Final 

Rule’’) (October 30, 2006, 71 FR 63392), 

after the publication of the NPRM on 

September 25, 2002 (67 FR 60284), the 

FAA became aware of additional 

changes which needed to be made to the 

part 60 rule language. The need for 

additional changes was a result of 

requests by the aviation community to 

harmonize the rule with recent updates 

to international flight simulation 

standards. However, many of the 

changes were beyond the scope of the 

part 60 NPRM, and therefore, could not 

be included in the final rule. Rather 

than delay its efforts or issue a 

supplemental notice of proposed 

rulemaking, the FAA determined that 

the fastest approach would be to publish 

the part 60 Final Rule with an effective 

date delayed for one year after 

publication, and amend the technical 

requirements under the expedited 

Qualification Performance Standard 

(QPS) amendment process. This 

approach avoided increased expenses, 

greater workload, and conflicting 

compliance requirements for sponsors 

who would be required to comply with 

part 60. However, the FAA has since 

determined that the additional changes 

would require an NPRM and the initial 

one year delay in the effective date 

established for part 60 is not sufficient 

for completion of this process. 

Therefore, the effective date for part 60 

and the associated amendments to parts 

1, 11, and 121 is extended to May 30, 

2008. In addition, specific compliance 

dates for certain portions of part 60 were 

set forth in the part 60 Final Rule. 

Because of the delay of the effective date 

for part 60, to ensure that affected 

parties have adequate notice regarding 

compliance with the part 60 Final Rule, 

the FAA will extend this date from 

October 30, 2009, to May 30, 2010. 

Good Cause for Foregoing Public Notice 

and Comment 

Section 553(b)(3)(B) of the 

Administrative Procedure 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 delays the effective date for the 


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Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Rules and Regulations 59599 

final rule published October 30, 2006 

(71 FR 63392). We issued those 

regulations using the public notice and 

comment procedure. In that final rule, 

we stated ‘‘It is the FAA’s intent the part 

60 final rule not be effective until the 

first revision of the QPS appendices 

have been published in the Federal 

Register as a final rule.’’ 71 FR 63398. 

The FAA intends to publish a notice of 

proposed rulemaking inviting comments 

on the first revision of the QPS 

appendices in the near future. 

Additional public notice and comment 

is also contrary to the public interest 

since the public is best served by 

informing them as soon as possible of 

the delay in the effective date. If the 

FAA were to provide notice and 

comment, the public would not be 

informed of the delay in the effective 

date until close to October 30, 2007, the 

date on which the part 60 final rule is 

currently scheduled to become effective. 

Good Cause for Immediate Adoption 

Since neither the delay in the 

effective date nor the delay in the 

compliance date of the final rule 

imposes any new requirements or any 

additional burden on the regulated 

public, the FAA finds that good cause 

exists for immediate adoption of the 

new effective date and compliance date 

without a 30-day notice period. 

The Effect of Our Decision 

Our decision delays the effective date 

of the final rule (71 FR 63426, Oct. 30, 

2006) establishing 14 CFR part 60 and 

amending 14 CFR parts 1, 11, and 121 

from October 30, 2007, to May 30, 2008. 

Also, our decision delays compliance 

with certain sections of the final rule, as 

outlined below, from October 30, 2009, 

to May 30, 2010. 

The Amendment 

■ In Doc. No. FAA–2002–12461 

appearing on page 63392 in the Federal 

Register of Monday, October 30, 2006 

(71 FR 63392), the following corrections 

are made: 

§ 60.5 [Corrected] 

■ 1. On page 63427, in the first column 

in Part 60 Flight Simulation Training 

Device Initial and Continuing 

Qualification, amend § 60.5(a) by 

removing the date ‘‘October 30, 2009’’

and adding in its place the date ‘‘May 

30, 2010.’’

§ 60.7 [Corrected] 

■ 2. On page 63427, in the second 

column in Part 60 Flight Simulation 

Training Device Initial and Continuing 

Qualification, amend § 60.7(b)(5) and 

(b)(6) (in two places) by removing the 

date ‘‘October 30, 2007’’ and adding in 

its place the date ‘‘May 30, 2008.’’

§ 60.17 [Corrected] 

■ 3. On page 63429, in the third column 

in Part 60 Flight Simulation Training 

Device Initial and Continuing 

Qualification, amend § 60.17(a), (b), and 

(d) by removing the date ‘‘October 30, 

2007’’ and adding in its place the date 

‘‘May 30, 2008’’ and further amend (b) 

by removing the date ‘‘October 30, 

2013’’ and adding in its place the date 

‘‘May 30, 2014.’’

Issued in Washington, DC, on September 

24, 2007. 

Rebecca Byers MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 07–4888 Filed 10–19–07; 8:45 am] 

BILLING CODE 4910–13–P 


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