81_FR_91221 81 FR 90979 - Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment

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)

Page Range90979-90983
FR Document2016-30211

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.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[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]


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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.

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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\
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    \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.
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    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.
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    \2\ See Sec. Sec.  121.400 and 121.418.
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    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.
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    \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.
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    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



                                                                           Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations                                                                                                                  90979

                                                                                                       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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                                                  90980            Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations

                                                  process. DOT posts these comments,                      determination of an equivalent level of               that final rule, effective March 12, 2014,
                                                  without edit, including any personal                    safety. As a result, this rule is relieving           the FAA included opportunities for air
                                                  information the commenter provides, to                  for certificate holders. In addition, in              carriers to modify training program
                                                  www.regulations.gov, as described in                    the process of drafting and                           requirements for flightcrew members
                                                  the system of records notice (DOT/ALL–                  implementing the suite of rules                       when the air carrier operates multiple
                                                  14 FDMS), which can be reviewed at                      culminating in the Crewmembers and                    aircraft types with similar design and
                                                  www.dot.gov/privacy.                                    Aircraft Dispatchers Training final rule,             flight handling characteristics. The final
                                                     Docket: Background documents or                      the FAA sought comment on, and                        rule also included opportunities for air
                                                  comments received may be read at                        thoroughly considered, comments                       carriers to seek a deviation to allow
                                                  http://www.regulations.gov at any time.                 regarding related aircraft proficiency                credit for flightcrew member
                                                  Follow the online instructions for                      checks. The updates to § 121.441(f)
                                                                                                                                                                qualification requirements, including
                                                  accessing the docket or Docket                          contained in this final rule offer
                                                                                                          additional flexibility; in that, air carrier          proficiency checks, when the air carrier
                                                  Operations in Room W12–140 of the
                                                  West Building Ground Floor at 1200                      certificate holders can request                       operates multiple aircraft types with
                                                  New Jersey Avenue SE., Washington,                      permission to deviate from related                    similar design and flight handling
                                                  DC, between 9 a.m. and 5 p.m., Monday                   aircraft proficiency check requirements               characteristics.1
                                                  through Friday, except Federal holidays.                when the proficiency check is                            The final rule explained that due to
                                                  FOR FURTHER INFORMATION CONTACT:                        conducted in full, or in part, in an                  differences in instrumentation and
                                                  Sheri Pippin, Air Transportation                        FSTD. Therefore, the FAA has                          installed equipment, crewmembers
                                                  Division, AFS–200, Federal Aviation                     determined that notice and public                     trained on one variation of aircraft type
                                                  Administration, 800 Independence                        comment are unnecessary prior to the                  may require additional training to safely
                                                  Avenue SW., Washington, DC 20591;                       adoption of this amendment.                           and efficiently operate another variation
                                                  telephone (202) 267–8166; email                         B. Comments Invited                                   of the same aircraft type. This additional
                                                  sheri.pippin@faa.gov.                                                                                         training is identified in regulations as
                                                                                                             The FAA is adopting this final rule
                                                  SUPPLEMENTARY INFORMATION:                                                                                    differences training.2 The final rule
                                                                                                          without prior notice and public
                                                  I. Executive Summary                                    comment because it corrects an                        further explained that the FAA, through
                                                                                                          inadvertent omission from the                         the Flight Standardization Board (FSB),
                                                     This rule will allow air carriers to                                                                       provides an analysis of the differences
                                                  seek a deviation from the FSTD                          Crewmembers and Aircraft Dispatchers
                                                                                                          Training final rule and the FAA                       between variations of an aircraft type,
                                                  requirements for related aircraft                                                                             which the FSB documents in an FSB
                                                  proficiency checks based on a related                   previously sought comment on and
                                                                                                          considered comments regarding related                 report for a specific aircraft type. This
                                                  aircraft designation and determination                                                                        report may include recommendations
                                                  of an equivalent level of safety. As a                  aircraft proficiency checks. The
                                                                                                          Regulatory Policies and Procedures of                 on reduced training frequency, reduced
                                                  result, this rule will eliminate an
                                                                                                          the Department of Transportation (DOT)                training elements or events, or use of a
                                                  inconsistency that currently permits
                                                                                                          (44 FR 1134; February 26, 1979),                      lower level FSTD than required by part
                                                  carriers that have obtained FAA
                                                  approval to modify the FSTD                             provide that to the maximum extent                    121 appendix E (Flight Training
                                                  requirements for related aircraft                       possible, operating administrations for               Requirements) for a specific maneuver
                                                  differences training, but not for                       the DOT should provide an opportunity                 or procedure.
                                                  corresponding proficiency checks.                       for public comment on regulations                        Additionally, the final rule explained
                                                                                                          issued without prior notice.                          the rapid advancement in modern
                                                  II. Administrative Procedure Act and                    Accordingly, consistent with DOT                      technologies, both in manufacturing
                                                  Legal Authority                                         Regulatory Policies and Procedures and                techniques and systems design and
                                                  A. Good Cause for Immediate Adoption                    14 CFR 11.11, the FAA seeks comment                   application, can produce aircraft types
                                                                                                          on this Final Rule.
                                                     Section 553(b)(3)(B) of the                                                                                of differing models and aerodynamic
                                                  Administrative Procedure Act (APA) (5                   C. Authority for This Rulemaking                      airframes, with similar handling or
                                                  U.S.C. 553) authorizes agencies to                        The FAA’s authority to issue rules on               flight characteristics. These modern
                                                  dispense with notice and comment                        aviation safety is found in Title 49 of the           aircraft systems and displays may allow
                                                  procedures for rules when the agency                    United States Code. This rulemaking is                different type certificated aircraft to
                                                  for ‘‘good cause’’ finds that those                     promulgated under the authority                       have common flight deck and systems
                                                  procedures are ‘‘impracticable,                         described in 49 U.S.C. 106(f), which                  designs, such that minimal differences
                                                  unnecessary, or contrary to the public                  vests final authority in the                          training may be warranted. The FAA,
                                                  interest.’’ Under this section, an agency,              Administrator for carrying out all                    through the FSB, can analyze these
                                                  upon finding good cause, may issue a                    functions, powers, and duties of the                  aircraft with different type certificates
                                                  final rule without seeking comment                      administration relating to the                        which may result in recommendations
                                                  prior to the rulemaking.                                promulgation of regulations and rules,                for training reductions.
                                                     The FAA finds that notice and public                 and 49 U.S.C. 44701(a)(5), which
                                                  comment to this final rule are                          requires the Administrator to                           1 As the FAA clarified in its final rule, the agency
                                                  unnecessary. This final rule corrects an                promulgate regulations and minimum                    uses the term ‘‘related aircraft’’ when describing
                                                  inadvertent omission from the                           standards for other practices, methods,               two or more aircraft of the same make (with either
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                                                  Qualification, Service, and Use of                                                                            the same or different type certificates) that have
                                                                                                          and procedures necessary for safety in                been demonstrated and determined by the
                                                  Crewmembers and Aircraft Dispatchers                    air commerce and national security.                   Administrator to have commonality to the extent
                                                  (Crewmembers and Aircraft Dispatchers                                                                         that flightcrew member training, checking, recent
                                                  Training) final rule by providing                       III. Background                                       experience, operating experience, operating cycles,
                                                  certificate holders additional flexibility                 On November 12, 2013, the FAA                      and line operating flight time for consolidation of
                                                                                                                                                                knowledge and skills may be reduced while still
                                                  in the selection of an FSTD for related                 published the Qualification, Service,                 meeting the training and qualification requirements
                                                  aircraft proficiency check maneuvers                    and Use of Crewmembers and Aircraft                   for service on the other aircraft. 78 FR at 67816.
                                                  and procedures based on a                               Dispatchers final rule (78 FR 67800). In                2 See §§ 121.400 and 121.418.




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                                                                   Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations                                        90981

                                                  Statement of the Problem                                must include the level of FSTD to be                  this rule. This rule would remove
                                                                                                          used for each maneuver and procedure.                 additional requirements with respect to
                                                     In the Crewmembers and Aircraft                        Requests for deviation remain                       proficiency checks for aircraft of a
                                                  Dispatchers Training final rule, the FAA                voluntary. The FAA has determined this                related type, as long as FAA has made
                                                  intended to extend fully the differences                change would not adversely affect safety              a determination that an equivalent level
                                                  training concept to aircraft with                       of aircraft operations. A deviation from              of safety is maintained. Given the
                                                  different type certificates within the                  any proficiency check requirement                     relieving nature of this rule, the
                                                  new provisions for related aircraft                     under § 121.441(f) is only available if               economic impact of this rule would be
                                                  differences training. In addition, an air               the certificate holder has a designation              minimal cost.
                                                  carrier may seek deviations for related                 of related aircraft. Such a designation                  The FAA has, therefore, determined
                                                  aircraft proficiency checks, operating                  indicates the base aircraft and                       that this rule is not a ‘‘significant
                                                  experience, operating cycles, line                      designated related aircraft have been                 regulatory action’’ as defined in section
                                                  operating flight time for consolidation of              demonstrated and determined by the                    3(f) of Executive Order 12866, and is not
                                                  knowledge and skills, and recency of                    Administrator to have commonality; the                ‘‘significant’’ as defined in DOT’s
                                                  experience.                                             certificate holder must be able to                    Regulatory Policies and Procedures.
                                                     In the Crewmembers and Aircraft                      demonstrate that it can maintain the
                                                                                                          equivalent level of safety in obtaining               B. Regulatory Flexibility Determination
                                                  Dispatchers Training final rule, the FAA
                                                  added paragraph (f) to § 121.441, to                    the designation.                                         The Regulatory Flexibility Act of 1980
                                                  allow the Administrator to approve a                                                                          (Pub. L. 96–354) (RFA) establishes ‘‘as a
                                                                                                          V. Regulatory Notices and Analyses
                                                  deviation to the proficiency check                                                                            principle of regulatory issuance that
                                                  requirements based on a designation of                  A. Regulatory Evaluation                              agencies shall endeavor, consistent with
                                                  related aircraft and after the                             Changes to Federal regulations must                the objectives of the rule and of
                                                  Administrator determines the certificate                undergo several economic analyses.                    applicable statutes, to fit regulatory and
                                                  holder can demonstrate an equivalent                    First, Executive Order 12866 and                      informational requirements to the scale
                                                  level of safety. Specifically, paragraph                Executive Order 13563 direct that each                of the businesses, organizations, and
                                                  (f) allows a deviation from the frequency               Federal agency shall propose or adopt a               governmental jurisdictions subject to
                                                  of proficiency checks and from certain                  regulation only upon a reasoned                       regulation. To achieve this principle,
                                                  procedures and maneuvers required by                    determination that the benefits of the                agencies are required to solicit and
                                                  appendix F (Proficiency Check                           intended regulation justify its costs.                consider flexible regulatory proposals
                                                  Requirements). Paragraph (f) did not,                   Second, the Regulatory Flexibility Act                and to explain the rationale for their
                                                  however, include an allowance to obtain                 of 1980 (Pub. L. 96–354) requires                     actions to assure that such proposals are
                                                  a deviation from the FSTD requirements                  agencies to analyze the economic                      given serious consideration.’’ The RFA
                                                  specified in appendix F. As currently                   impact of regulatory changes on small                 covers a wide-range of small entities,
                                                  written, § 121.441(f) does not allow                    entities. Third, the Trade Agreements                 including small businesses, not-for-
                                                  deviation if the FSB determines that the                Act (Pub. L. 96–39) prohibits agencies                profit organizations, and small
                                                  use of a lower level FSTD for a specific                from setting standards that create                    governmental jurisdictions.
                                                  maneuver or procedure may be                            unnecessary obstacles to the foreign                     Agencies must perform a review to
                                                  acceptable on a related aircraft                        commerce of the United States. In                     determine whether a rule will have a
                                                  proficiency check. Such a determination                 developing U.S. standards, the Trade                  significant economic impact on a
                                                  by the FSB would foreseeably be based                   Act requires agencies to consider                     substantial number of small entities. If
                                                  on similarities in design and flight                    international standards and, where                    the agency determines that it will, the
                                                  characteristics between the base aircraft               appropriate, that they be the basis of                agency must prepare a regulatory
                                                  and the related aircraft.                               U.S. standards. Fourth, the Unfunded                  flexibility analysis as described in the
                                                                                                          Mandates Reform Act of 1995 (Pub. L.                  RFA.
                                                  IV. Discussion of Final Rule
                                                                                                          104–4) requires agencies to prepare a                    However, if an agency determines that
                                                     This final rule will correct an                      written assessment of the costs, benefits,            a rule is not expected to have a
                                                  inadvertent omission from the                           and other effects of proposed or final                significant economic impact on a
                                                  Qualification, Service, and Use of                      rules that include a Federal mandate                  substantial number of small entities,
                                                  Crewmembers and Aircraft Dispatchers                    likely to result in the expenditure by                section 605(b) of the RFA provides that
                                                  final rule by eliminating an                            State, local, or tribal governments, in the           the head of the agency may so certify
                                                  inconsistency that currently permits air                aggregate, or by the private sector, of               and a regulatory flexibility analysis is
                                                  carriers (with FAA approval) to modify                  $100 million or more annually (adjusted               not required. The certification must
                                                  the FSTD requirements for related                       for inflation with base year of 1995).                include a statement providing the
                                                  aircraft differences training, but not for              This portion of the preamble                          factual basis for this determination, and
                                                  related aircraft proficiency checks.                    summarizes the FAA’s analysis of the                  the reasoning should be clear.
                                                  Because the FAA intended to extend                      economic impacts of this final rule.                     This rule would correct an
                                                  fully the differences training concept to                  Department of Transportation Order                 inadvertent omission from the
                                                  related aircraft differences training and               DOT 2100.5 prescribes policies and                    Crewmembers and Aircraft Dispatchers
                                                  deviations, the FAA is revising                         procedures for simplification, analysis,              Training final rule and would eliminate
                                                  § 121.441(f)(2) to allow a certificate                  and review of regulations. If the                     an inconsistency that currently permits
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                                                  holder to request a deviation from the                  expected cost impact is so minimal that               air carriers (with FAA approval) to
                                                  FSTD requirements in paragraph (c) of                   a proposed or final rule does not                     modify the FSTD requirements for
                                                  § 121.441. To receive a deviation, the                  warrant a full evaluation, this order                 related aircraft differences training, but
                                                  certificate holder must provide a                       permits that a statement to that effect               not for related aircraft proficiency
                                                  designation of related aircraft and                     and the basis for it to be included in the            checks. This action would result in
                                                  demonstrate an equivalent level of                      preamble if a full regulatory evaluation              increased flexibility for certificate
                                                  safety exists to justify the deviation. By              of the cost and benefits is not prepared.             holders. While the rule would likely
                                                  this update, the request for deviation                  Such a determination has been made for                impact a substantial number of small


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                                                  90982            Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations

                                                  entities,3 given the relieving nature of                burdens imposed on the public.                        Significantly Affect Energy Supply,
                                                  this rule, it would have a minimal                      According to the 1995 amendments to                   Distribution, or Use (May 18, 2001). The
                                                  positive economic impact.                               the Paperwork Reduction Act (5 CFR                    agency has determined that it is not a
                                                    Therefore, as provided in section                     1320.8(b)(1)), an agency may not collect              ‘‘significant energy action’’ under the
                                                  605(b), the head of the FAA certifies                   or sponsor the collection of information,             executive order and it is not likely to
                                                  that this rulemaking will not result in a               nor may it impose an information                      have a significant adverse effect on the
                                                  significant economic impact on a                        collection requirement unless it                      supply, distribution, or use of energy.
                                                  substantial number of small entities.                   displays a currently valid Office of
                                                                                                                                                                C. Executive Order 13609, Promoting
                                                  C. International Trade Impact                           Management and Budget (OMB) control
                                                                                                                                                                International Regulatory Cooperation
                                                  Assessment                                              number.
                                                                                                            The FAA has determined that there is                  Executive Order 13609, Promoting
                                                     The Trade Agreements Act of 1979                     no new information collection                         International Regulatory Cooperation,
                                                  (Pub. L. 96–39), as amended by the                      associated with this cost relieving                   promotes international regulatory
                                                  Uruguay Round Agreements Act (Pub.                      amendment to related aircraft                         cooperation to meet shared challenges
                                                  L. 103–465), prohibits Federal agencies                 proficiency check requirements. The                   involving health, safety, labor, security,
                                                  from establishing standards or engaging                 OMB previously approved the                           environmental, and other issues and to
                                                  in related activities that create                       collection of such information under the              reduce, eliminate, or prevent
                                                  unnecessary obstacles to the foreign                    provisions of the Paperwork Reduction                 unnecessary differences in regulatory
                                                  commerce of the United States.                          Act of 1995 (44 U.S.C. 3507(d)) and it                requirements. The FAA has analyzed
                                                  Pursuant to these Acts, the                             was assigned OMB Control Number                       this action under the policies and
                                                  establishment of standards is not                       2120–0739.                                            agency responsibilities of Executive
                                                  considered an unnecessary obstacle to                                                                         Order 13609, and has determined that
                                                  the foreign commerce of the United                      F. International Compatibility and                    this action would have no effect on
                                                                                                          Cooperation                                           international regulatory cooperation.
                                                  States, so long as the standard has a
                                                  legitimate domestic objective, such as                    In keeping with U.S. obligations
                                                                                                          under the Convention on International                 VII. How To Obtain Additional
                                                  the protection of safety, and does not
                                                                                                          Civil Aviation, it is FAA policy to                   Information
                                                  operate in a manner that excludes
                                                  imports that meet this objective. The                   conform to International Civil Aviation               A. Rulemaking Documents
                                                  statute also requires consideration of                  Organization (ICAO) Standards and                       An electronic copy of a rulemaking
                                                  international standards and, where                      Recommended Practices to the                          document may be obtained by using the
                                                  appropriate, that they be the basis for                 maximum extent practicable. The FAA
                                                                                                                                                                Internet—
                                                  U.S. standards. The FAA has assessed                    has determined that there are no ICAO                   1. Search the Federal eRulemaking
                                                  the potential effect of this rule and                   Standards and Recommended Practices                   Portal (http://www.regulations.gov);
                                                  determined that the rule will have the                  that correspond to these regulations.                   2. Visit the FAA’s Regulations and
                                                  same impact on international and                        G. Environmental Analysis                             Policies Web page at http://
                                                  domestic flights and is a safety rule thus                                                                    www.faa.gov/regulations_policies/ or
                                                  is consistent with the Trade Agreements                    FAA Order 1050.1F identifies FAA                     3. Access the Government Printing
                                                  Act.                                                    actions that are categorically excluded
                                                                                                                                                                Office’s Web page at: http://
                                                                                                          from preparation of an environmental
                                                                                                                                                                www.gpo.gov/fdsys/.
                                                  D. Unfunded Mandates Assessment                         assessment or environmental impact                      Copies may also be obtained by
                                                     Title II of the Unfunded Mandates                    statement under the National                          sending a request (identified by notice,
                                                  Reform Act of 1995 (Pub. L. 104–4)                      Environmental Policy Act in the                       amendment, or docket number of this
                                                  requires each Federal agency to prepare                 absence of extraordinary circumstances.               rulemaking) to the Federal Aviation
                                                  a written statement assessing the effects               The FAA has determined this                           Administration, Office of Rulemaking,
                                                  of any Federal mandate in a proposed or                 rulemaking action qualifies for the                   ARM–1, 800 Independence Avenue
                                                  final agency rule that may result in an                 categorical exclusion identified in
                                                                                                                                                                SW., Washington, DC 20591, or by
                                                  expenditure of $100 million or more (in                 paragraph 5–6.6 and involves no
                                                                                                                                                                calling (202) 267–9677.
                                                  1995 dollars) in any one year by State,                 extraordinary circumstances.
                                                  local, and tribal governments, in the                                                                         B. Comments Submitted to the Docket
                                                                                                          VI. Executive Order Determinations
                                                  aggregate, or by the private sector; such                                                                       Comments received may be viewed by
                                                  a mandate is deemed to be a ‘‘significant               A. Executive Order 13132, Federalism                  going to http://www.regulations.gov and
                                                  regulatory action.’’ The FAA currently                    The FAA has analyzed this final rule                following the online instructions to
                                                  uses an inflation-adjusted value of $155                under the principles and criteria of                  search the docket number for this
                                                  million in lieu of $100 million. This                   Executive Order 13132, Federalism. The                action. Anyone is able to search the
                                                  rule does not contain such a mandate;                   agency determined that this action will               electronic form of all comments
                                                  therefore, the requirements of Title II of              not have a substantial direct effect on               received into any of the FAA’s dockets
                                                  the Act do not apply.                                   the States, or the relationship between               by the name of the individual
                                                                                                          the Federal Government and the States,                submitting the comment (or signing the
                                                  E. Paperwork Reduction Act
                                                                                                          or on the distribution of power and                   comment, if submitted on behalf of an
                                                    The Paperwork Reduction Act of 1995                   responsibilities among the various                    association, business, labor union, etc.).
                                                  (44 U.S.C. 3507(d)) requires that the                   levels of government, and, therefore,
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                                                  FAA consider the impact of paperwork                                                                          C. Small Business Regulatory
                                                                                                          does not have Federalism implications.
                                                  and other information collection                                                                              Enforcement Fairness Act
                                                                                                          B. Executive Order 13211, Regulations                   The Small Business Regulatory
                                                    3 Based  on an analysis of publicly available         That Significantly Affect Energy Supply,              Enforcement Fairness Act (SBREFA) of
                                                  information, the FAA assumed that the                   Distribution, or Use                                  1996 requires FAA to comply with
                                                  Crewmembers and Aircraft Dispatchers Training
                                                  final rule would have an impact on a substantial
                                                                                                            The FAA analyzed this final rule                    small entity requests for information or
                                                  number of small entities. We make the same              under Executive Order 13211, Actions                  advice about compliance with statutes
                                                  determination in this rulemaking.                       Concerning Regulations that                           and regulations within its jurisdiction.


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                                                                   Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations                                        90983

                                                  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


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Document Created: 2018-02-14 09:07:35
Document Modified: 2018-02-14 09:07:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesEffective January 17, 2017.
ContactSheri Pippin, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email [email protected]
FR Citation81 FR 90979 
RIN Number2120-AK95
CFR AssociatedAir Carriers; Aircraft; Airmen and Aviation Safety

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