80 FR 46791 - Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 151 (August 6, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 151 (August 6, 2015)
| Page Range | 46791-46793 | |
| FR Document | 2015-19278 |
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)] [Rules and Regulations] [Pages 46791-46793] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19278] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 65 [Docket No. FAA-2014-1000; Amdt. No. 65-56A] 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; disposition of comments. ----------------------------------------------------------------------- SUMMARY: On December 16, 2014, the FAA published a final rule with a request for comments that eliminated 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 [[Page 46792]] Credential). This action addresses the public comment the FAA received. DATES: The final rule effective date remains February 17, 2015. ADDRESSES: The docket may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket. The docket may also be accessed at the Docket Operations in Room W12-140 of the West Building Ground Floor, Department of Transportation, 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 [email protected] For legal questions concerning this action, contact Neal O'Hara, Attorney, Office of the Chief Counsel, Regulations Division, AGC-240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email neal.o'[email protected] SUPPLEMENTARY INFORMATION: Background On December 16, 2014, the FAA published a final rule that eliminated the requirement for an air traffic control tower operator to hold a control tower operator (CTO) certificate if the individual also holds an FAA Credential (79 FR 74607). The requirement to hold both the CTO certificate and the FAA Credential was redundant since the underlying requirements for the FAA Credential encompass those of the CTO certificate. The action will reduce the FAA's burden of administering redundant programs for those individuals who hold an FAA Credential. Discussion of Comments The FAA received one comment from the National Air Traffic Controllers Association--AFL-CIO (NATCA). NATCA had several concerns with the rule. NATCA opposes the elimination of the CTO certificate. NATCA believes that if the FAA eliminates the requirement for the CTO certificate, important training requirements risk elimination, which will result in a significant lack of appropriate oversight and create disparities between FAA and non-FAA tower Air Traffic Control Specialists. The FAA notes the training requirements for air traffic controllers have not changed because of this rulemaking. All FAA air traffic controllers must adhere to the requirements in FAA Order JO 3120.4, Air Traffic Technical Training. The final rule simply eliminated duplicative programs that only applied to a portion of the FAA controller workforce. Before February 17, 2015 (the effective date of the final rule), air traffic controllers assigned to control towers were required to possess a CTO certificate issued in accordance with 14 Code of Federal Regulations (14 CFR) part 65, subpart B. CTO certificates were only required for air traffic controllers working in a control tower; no such requirement existed for air traffic controllers assigned to approach control or en-route air traffic control facilities. In addition, once a CTO certificate was issued, it remained valid with no recurrent or refresher training requirements to ensure the holder still possessed the skills demonstrated at the time the CTO certificate was awarded. When the FAA Credentialing program was introduced in 2006, it included all FAA controllers, not just tower controllers as in the CTO program. In addition, the emphasis was shifted to ensuring safety- related personnel retained the skills necessary to perform their responsibilities. Under the FAA Credentialing program, the individual must: (1) Complete all required training in accordance with FAA standards; (2) undergo required certification; and (3) successfully complete the initial skills evaluation to be issued an FAA Credential with an appropriate rating. Once issued, the rating associated with the FAA Credential is valid for 2 years, after which the individual undergoes another skills evaluation similar to the one used for the initial certification. The biennial skills evaluation is required for all air traffic controllers, regardless of their assignment to a tower, approach control, or en-route air traffic control facility. NATCA is also concerned that the knowledge, skill, and experience requirements in part 65 for CTO certificate holders have not been properly incorporated into FAA Orders and that no analysis was performed. During the rulemaking process, the FAA reviewed part 65, subpart B, and made appropriate changes to FAA Order 8000.90 upon issuance of the final rule. As noted in FAA Order 8000.90, the FAA Credentialing program incorporates the current training, certification, and qualification requirements that form the basis from which the Air Traffic Safety Oversight Service issues, amends, withdraws, and removes FAA Credentials. The Air Traffic Organization must adhere to the requirements in FAA Orders regarding the training, proficiency, and certification of personnel. These orders include FAA Order JO 3120.4, Air Traffic Technical Training and FAA Order JO 3000.57, Air Traffic Organization Technical Operations Training and Personnel Certification Programs. The Air Traffic Organization also must ensure that changes to FAA Orders JO 3120.4 and JO 3000.57 or other directives related to training, proficiency, and certification, are submitted for Air Traffic Safety Oversight Office (AOV) review and acceptance. NATCA states that if ``the requirements are eliminated for FAA credentialed Air Traffic Control Specialists, they need to be retained in another provision of Regulation or Statute to ensure proper oversight.'' NATCA believes FAA Orders may be changed at-will and are not subject to the Administrative Procedure Act (APA). NATCA states there is no check and balance to oversee the FAA's changes to these critical matters that are currently covered by regulation and subject to oversight. FAA Orders serve as the primary means within the FAA to issue, establish, and describe agency policies, organization, responsibilities, methods, and procedures governing FAA employees. FAA Order 1320.1 contains the requirements to issue Orders. Also, in 1997, the National Civil Aviation Review Commission (NCARC) recommended that the air traffic service provider in FAA be subject to the safety policies of a separate part of the FAA to provide independent safety oversight. In addition, in 2001, the International Civil Aviation Organization (ICAO) adopted an amendment requiring states to implement formal safety management procedures for their air traffic services systems. FAA Order 1100.161 specifies the manner by which AOV, within the Office of the Associate Administrator for Aviation Safety (AVS), will oversee the Air Traffic Organization (ATO), and other organizations within the Federal Aviation Administration (FAA) regarding safety management of the air traffic system. AOV's safety oversight responsibilities remain the same whether certain Air Traffic requirements are contained in 14 CFR or in FAA Orders. Thus, there is no erosion of oversight of these important training and certification requirements. NATCA notes that military and Department of Defense civilian [[Page 46793]] controllers, as well as controllers working in Federal Contract Towers, are issued CTO certificates. NATCA states that these air traffic controllers, as well FAA air traffic controllers, regularly transfer between these employers. NATCA is concerned these transfers will be stifled or new bureaucracies will need to be created to ensure equivalent qualifications before transfer. The underlying requirements for the FAA Credential encompass those of the CTO certificate. In addition, the FAA Credential includes the biennial skills evaluation discussed previously. Therefore, the FAA does not expect movement between employers to be stifled. NATCA states that the FAA's final rule does not address how the FAA will maintain CTO certificates for incumbent employees for whom they will not be eliminated. The procedures for current CTO certificate holders have not changed. Therefore, no additional changes were needed to 14 CFR part 65. NATCA states that FAA should have collaborated with them on the development of any changes to the CTO certification process. The FAA followed the procedures and requirements of the Administrative Procedure Act as well as those prescribed by FAA Order 1320.1. Finally, NATCA requested that the FAA withdraw the rule and include FAA Credential holders in 14 CFR part 65. NATCA notes that under such an amendment, all certified controllers, whether holding a CTO certificate or an FAA Credential would be subject to the same rules, any subsequent rule changes would be subject to due process because they would require amendments to 14 CFR, and it would eliminate redundant processes. The FAA followed the requirements in the Administrative Procedure Act and FAA Order 1320.1. Because FAA Orders serve as the primary means within the FAA to issue, establish, and describe agency policies, organization, responsibilities, methods, and procedures for FAA employees, the FAA has determined its actions are appropriate and have eliminated redundant processes. Conclusion After consideration of the comment submitted in response to the final rule, the FAA has determined that no revisions to the rule are warranted. Issued in Washington, DC on July 27, 2015. Anthony S. Ferrante, Director, Air Traffic Safety Oversight Service. [FR Doc. 2015-19278 Filed 8-5-15; 8:45 am] BILLING CODE 4910-13-P
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processed raspberries pay assessments ‘‘charge’’ after the words ‘‘late ■ 6. Add Subpart C, consisting of
under the Order. payment’’. § 1208.520, to read as follows:
Regarding alternatives, one option to After consideration of all relevant
the proposed action would be to matters presented, including the Subpart C—Provisions Implementing
maintain the status quo and not information and recommendation the Processed Raspberry Promotion,
prescribe late payment and interest submitted by the Council and other Research, and Information Order
charges for past due assessments. available information, it is hereby found § 1208.520 Late payment and interest
However, the Council determined that that this rule, as hereinafter set forth, is charges for past due assessments.
implementing such charges will help consistent with and will effectuate the
facilitate program administration by (a) A late payment charge shall be
purposes of the 1996 Act.
encouraging entities to pay their imposed on any handler or importer
assessments in a timely manner. The List of Subjects in 7 CFR Part 1208 who fails to make timely remittance to
Council reviewed rates of late payment Administrative practice and the Council of the total assessments for
and interest charges prescribed in other procedure, Advertising, Consumer which such handler or importer is
research and promotion programs and information, Marketing agreements, liable. The late payment will be
concluded that a 10 percent late Raspberry promotion, Reporting and imposed on any assessments not
payment charge and interest at a rate of recordkeeping requirements. received within 30 calendar days of the
1 percent per month on the outstanding date they are due. This one-time late
For the reasons set forth in the payment charge shall be 10 percent of
balance would be appropriate. preamble, 7 CFR part 1208 is amended
In accordance with the Paperwork the assessments due before interest
as follows: charges have accrued.
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection PART 1208—PROCESSED (b) In addition to the late payment
and recordkeeping requirements that are RASPBERRY PROMOTION, charge, 1 percent per month interest on
imposed by the Order have been RESEARCH, AND INFORMATION the outstanding balance, including any
approved under OMB control number ORDER late payment charge and accrued
0581–0093. This rule results in no interest, will be added to any accounts
change to the information collection and ■ 1. The authority citation for 7 CFR for which payment has not been
recordkeeping requirements previously part 1208 continues to read as follows: received by the Council within 30
approved and imposes no additional calendar days after the date the
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
reporting and recordkeeping burden on 7401. assessments are due. Such interest will
domestic producers, first handlers, and continue to accrue monthly until the
importers of processed raspberries. ■ 2. Section 1208.3 is revised to read as outstanding balance is paid to the
As with all Federal promotion follows: Council.
programs, reports and forms are Dated: August 3, 2015.
periodically reviewed to reduce § 1208.3 Crop year.
Crop year means the 12-month period Rex A. Barnes,
information requirements and
from October 1 through September 30 or Associate Administrator.
duplication by industry and public
sector agencies. Finally, USDA has not such other period approved by the [FR Doc. 2015–19325 Filed 8–5–15; 8:45 am]
identified any relevant Federal rules Secretary. BILLING CODE 3410–02–P
that duplicate, overlap, or conflict with ■ 3. Section 1208.7 is revised to read as
this rule. follows:
AMS is committed to complying with DEPARTMENT OF TRANSPORTATION
the E-Government Act, to promote the § 1208.7 Fiscal period.
use of the Internet and other Fiscal period means the 12-month Federal Aviation Administration
information technologies to provide period from October 1 through
increased opportunities for citizen September 30 or such other period as 14 CFR Part 65
access to Government information and approved by the Secretary. [Docket No. FAA–2014–1000; Amdt. No. 65–
services, and for other purposes. ■ 4. Section 1208.78 is revised to read 56A]
Regarding outreach efforts, the as follows:
RIN 2120–AK40
Council met on January 15, 2014, and
unanimously made its recommendation. § 1208.78 OMB control numbers.
Elimination of the Air Traffic Control
All of the Council’s meetings, including The control number assigned to the
Tower Operator Certificate for
meetings held via teleconference, are information collection requirements by
Controllers Who Hold a Federal
open to the public and interested the Office of Management and Budget
Aviation Administration Credential
persons are invited to participate and pursuant to the Paperwork Reduction
With a Tower Rating
express their views. Act of 1995, 44 U.S.C. Chapter 35, is
As previously mentioned, a proposed OMB control number 0505–0001, and AGENCY: Federal Aviation
rule concerning this action was OMB control number 0581–0093. Administration (FAA), DOT.
published in the Federal Register on ■ 5. Section 1208.108 is revised to read ACTION: Final rule; disposition of
November 12, 2014 (79 FR 67103). The as follows: comments.
proposal was made available through
the Internet by USDA and the Office of § 1208.108 OMB control number. SUMMARY: On December 16, 2014, the
mstockstill on DSK4VPTVN1PROD with RULES
the Federal Register. A 30-day comment The control number assigned to the FAA published a final rule with a
period ending December 12, 2014 was information collection requirement in request for comments that eliminated
provided to allow interested persons to this subpart by the Office of the requirement for an air traffic control
submit comments. No comments were Management and Budget pursuant to the tower operator to hold a control tower
received. One change was made to Paperwork Reduction Act of 1995, 44 operator certificate if the individual also
section 1208.520(2) for clarification U.S.C. Chapter 35, is OMB control holds a Federal Aviation Administration
purposes, the addition of the word number 0581–0093. Credential with a tower rating (FAA
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![Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations 46793
controllers, as well as controllers Issued in Washington, DC on July 27, 2015. of 1930, 19 U.S.C. 1677(15), and Section
working in Federal Contract Towers, are Anthony S. Ferrante, 773 of the Tariff Act of 1930, 19 U.S.C.
issued CTO certificates. NATCA states Director, Air Traffic Safety Oversight Service. 1677b, to modify the definition of
that these air traffic controllers, as well [FR Doc. 2015–19278 Filed 8–5–15; 8:45 am] ‘‘ordinary course of trade’’ and the
FAA air traffic controllers, regularly BILLING CODE 4910–13–P
provisions governing the treatment of a
transfer between these employers. ‘‘particular market situation’’ in AD
NATCA is concerned these transfers proceedings; (4) Section 505 amends
will be stifled or new bureaucracies will Section 773(b)(2) of the Tariff Act of
DEPARTMENT OF COMMERCE 1930, 19 U.S.C. 1677b(b)(2), to modify
need to be created to ensure equivalent
qualifications before transfer. International Trade Administration the treatment of distorted prices or costs
in AD proceedings; and (5) Section 506
The underlying requirements for the amends Section 782(a) of the Tariff Act
FAA Credential encompass those of the 19 CFR Part 351
of 1930, 19 U.S.C. 1677m(a), to modify
CTO certificate. In addition, the FAA RIN 0625–AB04 the provision regarding accepting
Credential includes the biennial skills voluntary respondents in AD and CVD
[Docket No.: 150731663–5663–01]
evaluation discussed previously. proceedings.
Therefore, the FAA does not expect Dates of Application of Amendments The Act does not contain dates of
movement between employers to be to the Antidumping and Countervailing application for any of these
stifled. Duty Laws Made by the Trade amendments. As explained below, it
Preferences Extension Act of 2015 would be impracticable for the
NATCA states that the FAA’s final
Department to apply at least one of the
rule does not address how the FAA will
AGENCY: Enforcement and Compliance, amendments, Section 505, immediately,
maintain CTO certificates for incumbent
International Trade Administration, and extremely difficult to apply the
employees for whom they will not be others immediately. Accordingly, the
Department of Commerce.
eliminated. Department is establishing dates of
ACTION: Interpretive Rule; Notice of
The procedures for current CTO Determination. application for each section, except for
certificate holders have not changed. Section 503 (which relates to
Therefore, no additional changes were SUMMARY: On June 29, 2015, President determinations of material injury by the
needed to 14 CFR part 65. Obama signed into law the Trade U.S. International Trade Commission).
Preferences Extension Act of 2015. The As an initial matter, we are cognizant
NATCA states that FAA should have
Act provides a number of amendments of the Supreme Court’s ruling in
collaborated with them on the
to the antidumping duty (‘‘AD’’) and Landgraf v. USI Film Prods., 511 U.S.
development of any changes to the CTO 244 (1994), that, absent clear
certification process. countervailing duty (‘‘CVD’’) laws but
does not specify dates of application for Congressional intent that a statute be
The FAA followed the procedures and those amendments. This notice of applied retroactively, a statute may not
requirements of the Administrative determination establishes a date of attach new legal consequences to events
Procedure Act as well as those application for each statutory revision completed before its enactment.
prescribed by FAA Order 1320.1. pertaining to the Department of Landgraf, 511 U.S. at 280; see also,
Finally, NATCA requested that the Commerce and provides notice thereof AT&T Corp. v. Hulteen, 556 U.S. 701
FAA withdraw the rule and include to all interested parties to AD and CVD (2009). In determining whether the
proceedings and to the public. Landgraf prohibition has been breached,
FAA Credential holders in 14 CFR part
important considerations are whether
65. NATCA notes that under such an DATES: The date of application of this
the new law takes away or impairs
amendment, all certified controllers, interepretive rule is August 6, 2015.
vested rights or creates new obligations,
whether holding a CTO certificate or an FOR FURTHER INFORMATION CONTACT: imposes a new duty, or attaches a new
FAA Credential would be subject to the Robert Heilferty, Deputy Chief Counsel disability in respect to transactions or
same rules, any subsequent rule changes for Trade Enforcement and Compliance, considerations already past. Landgraf,
would be subject to due process because U.S. Department of Commerce, 1401 511 U.S. at 269. Another important
they would require amendments to 14 Constitution Ave. NW., Washington, DC consideration is whether the prior
CFR, and it would eliminate redundant 20230, 202–482–0082. provision was reasonably relied upon,
processes. SUPPLEMENTARY INFORMATION: so that application of the new provision
The FAA followed the requirements would be manifestly unfair. INS v. St.
Background
in the Administrative Procedure Act Cyr, 533 U.S. 289 (2001).
and FAA Order 1320.1. Because FAA The Trade Preferences Extension Act In considering whether application of
Orders serve as the primary means of 2015, Public Law 114–27 (the ‘‘Act’’) the amended statutes to merchandise
within the FAA to issue, establish, and provides five amendments to the AD entered into the United States before the
and CVD laws: (1) Section 502 amends passage of the Act would disturb vested
describe agency policies, organization,
Section 776 of the Tariff Act of 1930, 19 rights, create new obligations or upset a
responsibilities, methods, and
U.S.C. 1677e, to modify the provisions reasonable reliance, our starting point is
procedures for FAA employees, the
addressing the selection and the holding of the Supreme Court in
FAA has determined its actions are Buttfield v. Stranahan, 192 U.S. 470,
corroboration of certain information that
appropriate and have eliminated may be used as facts otherwise available 493 (1904), that ‘‘no individual has a
mstockstill on DSK4VPTVN1PROD with RULES
redundant processes. with an adverse inference in an AD or vested right to trade with foreign
Conclusion CVD proceeding; (2) Section 503 nations. . . .’’ and that importing
amends Section 771(7) of the Tariff Act merchandise is not a fundamental right
After consideration of the comment of 1930, 19 U.S.C. 1677(7), to modify the that is protected by other constitutional
submitted in response to the final rule, definition of ‘‘material injury’’ in AD privileges such as due process. See also
the FAA has determined that no and CVD proceedings; (3) Section 504 NEC Corp. v. United States, 151 F.3d
revisions to the rule are warranted. amends Section 771(15) of the Tariff Act 1361, 1369 (Fed. Cir. 1998). More
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Document Created: 2018-02-23 10:55:37
Document Modified: 2018-02-23 10:55:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; disposition of comments. | |
| Dates | The final rule effective date remains February 17, 2015. | |
| 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 [email protected] | |
| FR Citation | 80 FR 46791 | |
| RIN Number | 2120-AK40 |
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