81 FR 90979 - Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 242 (December 16, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 90979-90983 | |
| FR Document | 2016-30211 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Rules and Regulations] [Pages 90979-90983] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30211] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 [Docket No.: FAA-2016-9526; Amdt. No. 121-397] RIN 2120-AK95 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This rule allows air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. As a result, this rule will eliminate an inconsistency that currently permits carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. In doing so, it corrects an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule. DATES: Effective January 17, 2017. Submit comments on or before February 14, 2017. ADDRESSES: Send comments identified by docket number FAA-2016-9526 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 [[Page 90980]] 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: Sheri Pippin, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email [email protected]. SUPPLEMENTARY INFORMATION: I. Executive Summary This rule will allow air carriers to seek a deviation from the FSTD requirements for related aircraft proficiency checks based on a related aircraft designation and determination of an equivalent level of safety. As a result, this rule will eliminate an inconsistency that currently permits carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. II. Administrative Procedure Act and Legal Authority A. Good Cause for Immediate Adoption Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 553) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ``good cause'' finds 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 notice and public comment to this final rule are unnecessary. This final rule corrects an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Crewmembers and Aircraft Dispatchers Training) final rule by providing certificate holders additional flexibility in the selection of an FSTD for related aircraft proficiency check maneuvers and procedures based on a determination of an equivalent level of safety. As a result, this rule is relieving for certificate holders. In addition, in the process of drafting and implementing the suite of rules culminating in the Crewmembers and Aircraft Dispatchers Training final rule, the FAA sought comment on, and thoroughly considered, comments regarding related aircraft proficiency checks. The updates to Sec. 121.441(f) contained in this final rule offer additional flexibility; in that, air carrier certificate holders can request permission to deviate from related aircraft proficiency check requirements when the proficiency check is conducted in full, or in part, in an FSTD. Therefore, the FAA has determined that notice and public comment are unnecessary prior to the adoption of this amendment. B. Comments Invited The FAA is adopting this final rule without prior notice and public comment because it corrects an inadvertent omission from the Crewmembers and Aircraft Dispatchers Training final rule and the FAA previously sought comment on and considered comments regarding related aircraft proficiency checks. 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. Accordingly, consistent with DOT Regulatory Policies and Procedures and 14 CFR 11.11, the FAA seeks comment on this Final Rule. C. Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which vests final authority in the Administrator for carrying out all functions, powers, and duties of the administration relating to the promulgation of regulations and rules, and 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security. III. Background On November 12, 2013, the FAA published the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule (78 FR 67800). In that final rule, effective March 12, 2014, the FAA included opportunities for air carriers to modify training program requirements for flightcrew members when the air carrier operates multiple aircraft types with similar design and flight handling characteristics. The final rule also included opportunities for air carriers to seek a deviation to allow credit for flightcrew member qualification requirements, including proficiency checks, when the air carrier operates multiple aircraft types with similar design and flight handling characteristics.\1\ --------------------------------------------------------------------------- \1\ As the FAA clarified in its final rule, the agency uses the term ``related aircraft'' when describing two or more aircraft of the same make (with either the same or different type certificates) that have been demonstrated and determined by the Administrator to have commonality to the extent that flightcrew member training, checking, recent experience, operating experience, operating cycles, and line operating flight time for consolidation of knowledge and skills may be reduced while still meeting the training and qualification requirements for service on the other aircraft. 78 FR at 67816. --------------------------------------------------------------------------- The final rule explained that due to differences in instrumentation and installed equipment, crewmembers trained on one variation of aircraft type may require additional training to safely and efficiently operate another variation of the same aircraft type. This additional training is identified in regulations as differences training.\2\ The final rule further explained that the FAA, through the Flight Standardization Board (FSB), provides an analysis of the differences between variations of an aircraft type, which the FSB documents in an FSB report for a specific aircraft type. This report may include recommendations on reduced training frequency, reduced training elements or events, or use of a lower level FSTD than required by part 121 appendix E (Flight Training Requirements) for a specific maneuver or procedure. --------------------------------------------------------------------------- \2\ See Sec. Sec. 121.400 and 121.418. --------------------------------------------------------------------------- Additionally, the final rule explained the rapid advancement in modern technologies, both in manufacturing techniques and systems design and application, can produce aircraft types of differing models and aerodynamic airframes, with similar handling or flight characteristics. These modern aircraft systems and displays may allow different type certificated aircraft to have common flight deck and systems designs, such that minimal differences training may be warranted. The FAA, through the FSB, can analyze these aircraft with different type certificates which may result in recommendations for training reductions. [[Page 90981]] Statement of the Problem In the Crewmembers and Aircraft Dispatchers Training final rule, the FAA intended to extend fully the differences training concept to aircraft with different type certificates within the new provisions for related aircraft differences training. In addition, an air carrier may seek deviations for related aircraft proficiency checks, operating experience, operating cycles, line operating flight time for consolidation of knowledge and skills, and recency of experience. In the Crewmembers and Aircraft Dispatchers Training final rule, the FAA added paragraph (f) to Sec. 121.441, to allow the Administrator to approve a deviation to the proficiency check requirements based on a designation of related aircraft and after the Administrator determines the certificate holder can demonstrate an equivalent level of safety. Specifically, paragraph (f) allows a deviation from the frequency of proficiency checks and from certain procedures and maneuvers required by appendix F (Proficiency Check Requirements). Paragraph (f) did not, however, include an allowance to obtain a deviation from the FSTD requirements specified in appendix F. As currently written, Sec. 121.441(f) does not allow deviation if the FSB determines that the use of a lower level FSTD for a specific maneuver or procedure may be acceptable on a related aircraft proficiency check. Such a determination by the FSB would foreseeably be based on similarities in design and flight characteristics between the base aircraft and the related aircraft. IV. Discussion of Final Rule This final rule will correct an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule by eliminating an inconsistency that currently permits air carriers (with FAA approval) to modify the FSTD requirements for related aircraft differences training, but not for related aircraft proficiency checks. Because the FAA intended to extend fully the differences training concept to related aircraft differences training and deviations, the FAA is revising Sec. 121.441(f)(2) to allow a certificate holder to request a deviation from the FSTD requirements in paragraph (c) of Sec. 121.441. To receive a deviation, the certificate holder must provide a designation of related aircraft and demonstrate an equivalent level of safety exists to justify the deviation. By this update, the request for deviation must include the level of FSTD to be used for each maneuver and procedure. Requests for deviation remain voluntary. The FAA has determined this change would not adversely affect safety of aircraft operations. A deviation from any proficiency check requirement under Sec. 121.441(f) is only available if the certificate holder has a designation of related aircraft. Such a designation indicates the base aircraft and designated related aircraft have been demonstrated and determined by the Administrator to have commonality; the certificate holder must be able to demonstrate that it can maintain the equivalent level of safety in obtaining the designation. V. 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, the 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. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this rule. This rule would remove additional requirements with respect to proficiency checks for aircraft of a related type, as long as FAA has made a determination that an equivalent level of safety is maintained. Given the relieving nature of this rule, the economic impact of this rule would be minimal cost. The FAA has, therefore, determined that this rule is not a ``significant regulatory action'' as defined in section 3(f) of Executive Order 12866, and is not ``significant'' as defined in DOT's Regulatory Policies and Procedures. 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. This rule would correct an inadvertent omission from the Crewmembers and Aircraft Dispatchers Training final rule and would eliminate an inconsistency that currently permits air carriers (with FAA approval) to modify the FSTD requirements for related aircraft differences training, but not for related aircraft proficiency checks. This action would result in increased flexibility for certificate holders. While the rule would likely impact a substantial number of small [[Page 90982]] entities,\3\ given the relieving nature of this rule, it would have a minimal positive economic impact. --------------------------------------------------------------------------- \3\ Based on an analysis of publicly available information, the FAA assumed that the Crewmembers and Aircraft Dispatchers Training final rule would have an impact on a substantial number of small entities. We make the same determination in this rulemaking. --------------------------------------------------------------------------- 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. 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 rule and determined that the rule will have the same impact on international and domestic flights and is a safety rule thus is consistent with the Trade Agreements Act. 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 $155 million in lieu of $100 million. This 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. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(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. The FAA has determined that there is no new information collection associated with this cost relieving amendment to related aircraft proficiency check requirements. The OMB previously approved the collection of such information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and it was assigned OMB Control Number 2120-0739. 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 determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. G. Environmental Analysis FAA Order 1050.1F 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 5-6.6 and involves no extraordinary circumstances. VI. 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 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, Promoting International Regulatory Cooperation 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. VII. How To Obtain Additional Information A. 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.thefederalregister.org/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) 267-9677. B. 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.). C. 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. [[Page 90983]] 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 121 Air carriers, Aircraft, Airmen, Aviation safety. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 121 as follows: PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 0 1. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note). 0 2. Amend Sec. 121.441 by revising paragraphs (f)(1), (f)(2) introductory text, and (f)(2)(ii) to read as follows: Sec. 121.441 Proficiency checks. * * * * * (f) * * * (1) The Administrator may authorize a deviation from the proficiency check requirements of paragraphs (a), (b)(1), and (c) of this section based upon a designation of related aircraft in accordance with Sec. 121.418(b) of this part and a determination that the certificate holder can demonstrate an equivalent level of safety. (2) A request for deviation from paragraphs (a), (b)(1), and (c) of this section must be submitted to the Administrator. The request must include the following: * * * * * (ii) Based on review of the related aircraft, the operation, and the duty position: (A) For recurrent proficiency checks, the frequency of the related aircraft proficiency check, the maneuvers and procedures to be included in the related aircraft proficiency check, and the level of FSTD to be used for each maneuver and procedure. (B) For qualification proficiency checks, the maneuvers and procedures to be included in the related aircraft proficiency check and the level of FSTD to be used for each maneuver and procedure. * * * * * Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) in Washington, DC, on December 8, 2016. Michael P. Huerta, Administrator. [FR Doc. 2016-30211 Filed 12-15-16; 8:45 am] BILLING CODE 4910-13-P
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued
[Amendment 530 Effective Date, January 5, 2017]
From To MEA
§ 95.6126 VOR Federal Airway V126 is Amended to Read in Part
ERIE, PA VORTAC ........................................................................................ BRADFORD, PA VOR/DME ......................................................................... *5000
*3900—MOCA
§ 95.6140 VOR Federal Airway V140 is Amended to Read in Part
NASHVILLE, TN VORTAC ............................................................................ HARME, TN FIX.
E BND ........................................................................................................... *3000
W BND .......................................................................................................... *6000
*2400—MOCA
HARME, TN FIX ............................................................................................ LIVINGSTON, TN VOR/DME ....................................................................... *6000
*2900—MOCA
§ 95.6141 VOR Federal Airway V141 is Amended to Read in Part
MANCHESTER, NH VOR/DME ..................................................................... CONCORD, NH VOR/DME .......................................................................... *2900
*2100—MOCA
CONCORD, NH VOR/DME ........................................................................... KELLI, NH FIX .............................................................................................. 5000
§ 95.6170 VOR Federal Airway V170 is Amended to Read in Part
ERIE, PA VORTAC ........................................................................................ BRADFORD, PA VOR/DME ......................................................................... *5000
*3900—MOCA
§ 95.6321 VOR Federal Airway V321 is Amended to Read in Part
SHELBYVILLE, TN VOR/DME ...................................................................... LIVINGSTON, TN VOR/DME ....................................................................... 3800
§ 95.6384 VOR Federal Airway V384 is Amended to Read in Part
LIVINGSTON, TN VOR/DME ........................................................................ VOLUNTEER, TN VORTAC ......................................................................... 6100
§ 95.6493 VOR Federal Airway V493 is Amended to Read in Part
LIVINGSTON, TN VOR/DME ........................................................................ LEXINGTON, KY VORTAC .......................................................................... 3600
§ 95.6513 VOR Federal Airway V513 is Amended to Read in Part
LIVINGSTON, TN VOR/DME ........................................................................ NEW HOPE, KY VOR/DME ......................................................................... 4000
Changeover points
From To
Distance From
§ 95.8003 VOR Federal Airway Changeover Point
Airway Segment is Amended to Add Changeover Point V321
SHELBYVILLE, TN VOR/DME ....................................... LIVINGSTON, TN VOR/DME ......................................... 40 SHELBYVILLE
[FR Doc. 2016–29429 Filed 12–15–16; 8:45 a.m.] SUMMARY: This rule allows air carriers to • Federal eRulemaking Portal: Go to
BILLING CODE 4910–13–P seek a deviation from the flight http://www.regulations.gov and follow
simulation training device (FSTD) the online instructions for sending your
requirements for related aircraft comments electronically.
DEPARTMENT OF TRANSPORTATION proficiency checks. As a result, this rule • Mail: Send comments to Docket
will eliminate an inconsistency that Operations, M–30; U.S. Department of
Federal Aviation Administration currently permits carriers that have Transportation (DOT), 1200 New Jersey
obtained FAA approval to modify the Avenue SE., Room W12–140, West
14 CFR Part 121 FSTD requirements for related aircraft Building Ground Floor, Washington, DC
[Docket No.: FAA–2016–9526; Amdt. No. differences training, but not for 20590–0001.
121–397] corresponding proficiency checks. In • Hand Delivery or Courier: Take
RIN 2120–AK95
doing so, it corrects an inadvertent comments to Docket Operations in
omission from the Qualification, Room W12–140 of the West Building
Qualification, Service, and Use of Service, and Use of Crewmembers and Ground Floor at 1200 New Jersey
Aircraft Dispatchers final rule.
asabaliauskas on DSK3SPTVN1PROD with RULES
Crewmembers and Aircraft Avenue SE., Washington, DC, between 9
Dispatchers; Related Aircraft DATES:Effective January 17, 2017. a.m. and 5 p.m., Monday through
Amendment Friday, except Federal holidays.
Submit comments on or before • Fax: Fax comments to Docket
AGENCY: Federal Aviation February 14, 2017. Operations at 202–493–2251.
Administration (FAA), DOT.
ADDRESSES: Send comments identified Privacy: In accordance with 5 U.S.C.
ACTION: Final rule; request for
by docket number FAA–2016–9526 553(c), DOT solicits comments from the
comments.
using any of the following methods: public to better inform its rulemaking
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A small entity with questions regarding to be used for each maneuver and entry that controls certain human and
this document may contact its local procedure. zoonotic pathogens and toxins by
FAA official, or the person listed under * * * * * removing dengue fever virus, updating
the FOR FURTHER INFORMATION CONTACT the nomenclature of the listing for
Issued under authority provided by 49
heading at the beginning of the U.S.C. 106(f) and 44701(a) in Washington,
conotoxin, and consolidating the
preamble. To find out more about DC, on December 8, 2016. controls for Shiga toxin and Verotoxin
SBREFA on the Internet, visit http:// Michael P. Huerta,
(and other Shiga-like ribosome
www.faa.gov/regulations_policies/ inactivating proteins) under a single
Administrator.
rulemaking/sbre_act/. listing. This rule also amends the CCL
[FR Doc. 2016–30211 Filed 12–15–16; 8:45 am]
entry that controls equipment capable of
List of Subjects in 14 CFR Part 121 BILLING CODE 4910–13–P handling biological materials by
Air carriers, Aircraft, Airmen, updating the controls on biological
Aviation safety. containment facilities and related
DEPARTMENT OF COMMERCE equipment and the controls on
The Amendment
fermenters, consistent with the AG
In consideration of the foregoing, the Bureau of Industry and Security Plenary Implementation Meeting
Federal Aviation Administration updates to the AG ‘‘Control List of Dual-
amends 14 CFR part 121 as follows: 15 CFR Part 774 Use Biological Equipment and Related
[Docket No. 160922876–6876–01] Technology and Software.’’
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG, DATES: This rule is effective December
RIN 0694–AH14 16, 2016.
AND SUPPLEMENTAL OPERATIONS
Implementation of the February 2016 FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 121 Australia Group (AG) Intersessional Richard P. Duncan, Ph.D., Director,
continues to read as follows: Decisions and the June 2016 AG Chemical and Biological Controls
Authority: 49 U.S.C. 106(f), 106(g), 40103, Plenary Understandings Division, Office of Nonproliferation and
40113, 40119, 41706, 42301 preceding note Treaty Compliance, Bureau of Industry
added by Pub. L. 112–95, sec. 412, 126 Stat. AGENCY: Bureau of Industry and and Security, Telephone: (202) 482–
89, 44101, 44701–44702, 44705, 44709– Security, Commerce. 3343, Email: Richard.Duncan@
44711, 44713, 44716–44717, 44722, 44729, ACTION: Final rule. bis.doc.gov.
44732, 46105; Pub. L. 111–216, 124 Stat.
2348 (49 U.S.C. 44701 note); Pub. L. 112–95, SUMMARY: The Bureau of Industry and SUPPLEMENTARY INFORMATION: The
126 Stat. 62 (49 U.S.C. 44732 note). Security (BIS) publishes this final rule Bureau of Industry and Security (BIS) is
to amend the Export Administration amending the Export Administration
■ 2. Amend § 121.441 by revising
Regulations (EAR) to implement the Regulations (EAR) to implement the
paragraphs (f)(1), (f)(2) introductory text,
recommendations presented at the recommendations presented at the
and (f)(2)(ii) to read as follows:
February 2016 Australia Group (AG) Australia Group (AG) Intersessional
§ 121.441 Proficiency checks. Intersessional Implementation Meeting, Implementation Meeting held in
* * * * * and later adopted pursuant to the AG Brussels, Belgium, on February 2, 2016,
(f) * * * silent approval procedure, and the and adopted pursuant to the AG silent
(1) The Administrator may authorize understandings reached at the June 2016 approval procedure in April 2016, and
a deviation from the proficiency check AG Plenary Implementation Meeting. the understandings reached at the
requirements of paragraphs (a), (b)(1), This rule amends two Commerce Implementation Meeting of the 2016 AG
and (c) of this section based upon a Control List (CCL) entries to reflect the Plenary held in Paris, France, from June
designation of related aircraft in February 2016 Intersessional 6–10, 2016. The AG is a multilateral
accordance with § 121.418(b) of this part Implementation Meeting forum consisting of 41 participating
and a determination that the certificate recommendations that were adopted by countries that maintain export controls
holder can demonstrate an equivalent the AG. Specifically, this rule amends on a list of chemicals, biological agents,
level of safety. the CCL entry that controls certain and related equipment and technology
(2) A request for deviation from human and zoonotic pathogens and that could be used in a chemical or
paragraphs (a), (b)(1), and (c) of this toxins to reflect the AG updates to the biological weapons program. The AG
section must be submitted to the nomenclature for certain bacteria and periodically reviews items on its control
Administrator. The request must toxins identified on the AG ‘‘List of list to enhance the effectiveness of
include the following: Human and Animal Pathogens and participating governments’ national
Toxins for Export Control.’’ In addition, controls and to achieve greater
* * * * *
(ii) Based on review of the related this rule amends the CCL entry that harmonization among these controls.
aircraft, the operation, and the duty controls equipment capable of handling Amendments to the CCL Based on the
position: biological materials to reflect the AG February 2016 AG Intersessional
(A) For recurrent proficiency checks, updates to the controls on cross Recommendations
the frequency of the related aircraft (tangential) flow filtration equipment
proficiency check, the maneuvers and described on the AG ‘‘Control List of ECCN 1C351 (Human and Animal
Pathogens and ‘‘toxins’’)
asabaliauskas on DSK3SPTVN1PROD with RULES
procedures to be included in the related Dual-Use Biological Equipment and
aircraft proficiency check, and the level Related Technology and Software.’’ This final rule amends Export Control
of FSTD to be used for each maneuver Consistent with the understandings Classification Number (ECCN) 1C351 on
and procedure. adopted at the June 2016 AG Plenary the CCL to update the nomenclature for
(B) For qualification proficiency Implementation Meeting that updated two bacteria and five toxins, consistent
checks, the maneuvers and procedures the AG ‘‘List of Human and Animal with the AG Intersessional
to be included in the related aircraft Pathogens and Toxins for Export Implementation Meeting updates to the
proficiency check and the level of FSTD Control,’’ this rule amends the CCL AG ‘‘List of Human and Animal
VerDate Sep<11>2014 17:15 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/81_FR_91221/page/5.svg)
Document Created: 2018-02-14 09:07:35
Document Modified: 2018-02-14 09:07:35
| 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; request for comments. | |
| Dates | Effective January 17, 2017. | |
| Contact | Sheri Pippin, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email [email protected] | |
| FR Citation | 81 FR 90979 | |
| RIN Number | 2120-AK95 | |
| CFR Associated | Air Carriers; Aircraft; Airmen and Aviation Safety |
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