83 FR 12474 - Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 56 (March 22, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 56 (March 22, 2018)
| Page Range | 12474-12475 | |
| FR Document | 2018-05859 |
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)] [Rules and Regulations] [Pages 12474-12475] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05859] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 [Docket No.: FAA-2016-9526; Amdt. No. 121-377B] RIN 2120-AK95 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The FAA publishes this action to correct a minor, editorial error in a December 16, 2016 final rule on related aircraft proficiency checks. The FAA published a final rule to allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. The rule eliminated an inconsistency that permitted carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. As a result, the rule allowed air carriers to seek a deviation from the FSTD requirements for such proficiency checks based on a related aircraft designation and determination of an equivalent level of safety. This technical amendment removes a redundancy in the regulatory text that now exists as a result of the final rule. DATES: Effective March 22, 2018. FOR FURTHER INFORMATION CONTACT: Sheri Pippin, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: 202-267- 8166; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Good Cause for Immediate Adoption Section 553(d)(3) of the Administrative Procedure Act (APA) requires publication of a substantive rule must be made not less than 30 days before the effective date except as provided by the agency for good cause found and published with the rule. Public notice and comment for this action are unnecessary because today's action only eliminates an unnecessary redundancy in 14 CFR 121.441(f), which the FAA amended on December 16, 2016, 81 FR 90979. Good cause exists under section 553(d)(3) of the APA for this technical correction to become effective on the date of this action. Section 553(d)(3) allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period the APA prescribes is to give affected parties a reasonable time to adjust their actions and prepare for the effectiveness of the final rule. Today's amendment, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This document only removes an unnecessary redundancy in 14 CFR 121.441(f)(2)(iii) because the text of paragraph (f)(2)(iii) is largely duplicative of the text of paragraph (f)(2)(ii)(B). For these reasons, the FAA finds good cause under APA section 553(d)(3) exists for this amendment to become effective on March 22, 2018. II. Background On December 16, 2016, the FAA published the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment. 81 FR 90979. Corrected at 81 FR 95860, December 29, 2016. This final rule allows air carriers to seek a deviation from the FSTD requirements for related aircraft proficiency checks. As the FAA noted in the final rule, the FAA's Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule issued in 2013 included opportunities for air carriers to modify training program requirements for flightcrew members when the carrier operates multiple aircraft types with similar design and flight handling characteristics. The final rule provided for the possibility of a deviation to allow credit for flightcrew member qualification requirements, including proficiency checks, when the carrier operates multiple aircraft types with similar design and flight handling characteristics. Paragraph (f) permits the Administrator to approve such a deviation based on a designation of related aircraft after the Administrator determines the certificate holder can demonstrate an equivalent level of safety. Specifically, paragraph (f) allows for deviation from the frequency of proficiency checks and from certain procedures and maneuvers required in appendix F to part 121 (Proficiency Check Requirements). Paragraph (f) did not, however, provide for the possibility of a deviation from the FSTD requirements specified in appendix F to [[Page 12475]] part 121. Therefore, prior to the December 16, 2016 final rule, Sec. 121.441(f) did not allow a deviation even in cases in which the Flight Standardization Board (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. This oversight resulted in inconsistency, as such a determination by the FSB would be based on similarities in design and flight characteristics between the base aircraft and the related aircraft. As a result, the FAA recognized a need to permit deviation from the FSTD requirements in appendix F to part 121. The December 16, 2016 final rule amended Sec. 121.441 by amending paragraph (f), accordingly. This technical amendment removes paragraph (f)(2)(iii) from Sec. 121.441 because the FAA's recent changes to Sec. 121.441 render the paragraph unnecessary. Paragraph (f)(2)(ii)(B) of Sec. 121.441 requires the inclusion of maneuvers and procedures, as well as the level of FSTD to be used for each maneuver and procedure, in applications for deviation from the proficiency check requirements of Sec. 121.441. Paragraph (f)(2)(iii) also states carriers must include maneuvers and procedures in related aircraft proficiency checks. As a result, although paragraph (f)(2)(iii) does not require a listing of the level of FSTD the carrier plans to use for each maneuver and procedure, the two paragraphs are unnecessarily redundant. Overall, the amended regulatory text will continue to ensure carriers that request a deviation based on a designation of related aircraft must include, for purposes of qualification proficiency checks, the necessary maneuvers and procedures as well as the level of FSTD to be used for each maneuver and procedure. III. Technical Amendment Consistent with the foregoing, the FAA removes paragraph (f)(2)(iii) to eliminate the redundancy in paragraphs (f)(2)(iii) and (f)(2)(ii)(B). 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). Sec. 121.441 [Amended] 0 2. Amend Sec. 121.441 by removing paragraph (f)(2)(iii). Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) in Washington, DC. Lirio Liu, Executive Director, Office of Rulemaking. [FR Doc. 2018-05859 Filed 3-21-18; 8:45 am] BILLING CODE 4910-13-P
![12474 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
Impacts: Policies and Procedures,’’ DEPARTMENT OF TRANSPORTATION Good cause exists under section
paragraph 5–6.5a. This airspace action 553(d)(3) of the APA for this technical
is not expected to cause any potentially Federal Aviation Administration correction to become effective on the
significant environmental impacts, and date of this action. Section 553(d)(3)
no extraordinary circumstances exist 14 CFR Part 121 allows an effective date less than 30
that warrant preparation of an days after publication ‘‘as otherwise
[Docket No.: FAA–2016–9526; Amdt. No. provided by the agency for good cause
environmental assessment. 121–377B] found and published with the rule.’’ 5
Lists of Subjects in 14 CFR Part 71 U.S.C. 553(d)(3). The purpose of the 30-
RIN 2120–AK95
day waiting period the APA prescribes
Airspace, Incorporation by reference, is to give affected parties a reasonable
Navigation (air). Qualification, Service, and Use of
Crewmembers and Aircraft time to adjust their actions and prepare
Adoption of the Amendment Dispatchers; Related Aircraft for the effectiveness of the final rule.
Amendment; Technical Amendment Today’s amendment, however, does
In consideration of the foregoing, the not create any new regulatory
Federal Aviation Administration AGENCY: Federal Aviation requirements such that affected parties
amends 14 CFR part 71 as follows: Administration (FAA), Department of would need time to prepare before the
Transportation (DOT). rule takes effect. This document only
PART 71—DESIGNATION OF CLASS A, ACTION: Final rule; technical removes an unnecessary redundancy in
B, C, D, AND E AIRSPACE AREAS; AIR amendment. 14 CFR 121.441(f)(2)(iii) because the
TRAFFIC SERVICE ROUTES; AND text of paragraph (f)(2)(iii) is largely
REPORTING POINTS SUMMARY: The FAA publishes this duplicative of the text of paragraph
action to correct a minor, editorial error (f)(2)(ii)(B). For these reasons, the FAA
■ 1. The authority citation for part 71 in a December 16, 2016 final rule on finds good cause under APA section
continues to read as follows: related aircraft proficiency checks. The 553(d)(3) exists for this amendment to
FAA published a final rule to allow air become effective on March 22, 2018.
Authority: 49 U.S.C. 106(f), 106(g); 40103, carriers to seek a deviation from the
40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, II. Background
flight simulation training device (FSTD)
1959–1963 Comp., p. 389. requirements for related aircraft On December 16, 2016, the FAA
proficiency checks. The rule eliminated published the Qualification, Service,
§ 71.1 [Amended] and Use of Crewmembers and Aircraft
an inconsistency that permitted carriers
■ 2. The incorporation by reference in that have obtained FAA approval to Dispatchers; Related Aircraft
modify the FSTD requirements for Amendment. 81 FR 90979. Corrected at
14 CFR 71.1 of FAA Order 7400.11B,
related aircraft differences training, but 81 FR 95860, December 29, 2016. This
Airspace Designations and Reporting
not for corresponding proficiency final rule allows air carriers to seek a
Points, dated August 3, 2017, effective deviation from the FSTD requirements
September 15, 2017, is amended as checks. As a result, the rule allowed air
carriers to seek a deviation from the for related aircraft proficiency checks.
follows: As the FAA noted in the final rule, the
FSTD requirements for such proficiency
Paragraph 6005 Class E Airspace Areas checks based on a related aircraft FAA’s Qualification, Service, and Use of
Extending Upward From 700 Feet or More designation and determination of an Crewmembers and Aircraft Dispatchers
Above the Surface of the Earth. equivalent level of safety. This technical final rule issued in 2013 included
* * * * * amendment removes a redundancy in opportunities for air carriers to modify
the regulatory text that now exists as a training program requirements for
ASO AL E5 Clanton, AL [Amended] flightcrew members when the carrier
result of the final rule.
Chilton County Airport, AL operates multiple aircraft types with
DATES: Effective March 22, 2018.
(Lat. 32°51′02″ N., long. 86°36′41″ W.) similar design and flight handling
FOR FURTHER INFORMATION CONTACT: characteristics.
That airspace extending upward from 700
Sheri Pippin, Air Transportation The final rule provided for the
feet above the surface within a 7.7-mile
Division, Flight Standards Service, possibility of a deviation to allow credit
radius of Chilton County Airport.
Federal Aviation Administration, 800 for flightcrew member qualification
Issued in College Park, Georgia, on March Independence Avenue SW, Washington, requirements, including proficiency
14, 2018. DC 20591; telephone: 202–267–8166; checks, when the carrier operates
Ryan W. Almsay, email: sheri.pippin@faa.gov. multiple aircraft types with similar
Manager, Operations Support Group, Eastern SUPPLEMENTARY INFORMATION: design and flight handling
Service Center, Air Traffic Organization. characteristics. Paragraph (f) permits the
I. Good Cause for Immediate Adoption Administrator to approve such a
[FR Doc. 2018–05707 Filed 3–21–18; 8:45 am]
BILLING CODE 4910–13–P
Section 553(d)(3) of the deviation based on a designation of
Administrative Procedure Act (APA) related aircraft after the Administrator
requires publication of a substantive determines the certificate holder can
rule must be made not less than 30 days demonstrate an equivalent level of
before the effective date except as safety. Specifically, paragraph (f) allows
provided by the agency for good cause for deviation from the frequency of
found and published with the rule. proficiency checks and from certain
daltland on DSKBBV9HB2PROD with RULES
Public notice and comment for this procedures and maneuvers required in
action are unnecessary because today’s appendix F to part 121 (Proficiency
action only eliminates an unnecessary Check Requirements). Paragraph (f) did
redundancy in 14 CFR 121.441(f), which not, however, provide for the possibility
the FAA amended on December 16, of a deviation from the FSTD
2016, 81 FR 90979. requirements specified in appendix F to
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![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12475
part 121. Therefore, prior to the PART 121—OPERATING DATES: This rule is effective March 22,
December 16, 2016 final rule, REQUIREMENTS: DOMESTIC, FLAG, 2018.
§ 121.441(f) did not allow a deviation AND SUPPLEMENTAL OPERATIONS FOR FURTHER INFORMATION CONTACT:
even in cases in which the Flight Chair, End-User Review Committee,
Standardization Board (FSB) determines ■ 1. The authority citation for part 121 Office of the Assistant Secretary, Export
that the use of a lower level FSTD for continues to read as follows: Administration, Bureau of Industry and
a specific maneuver or procedure may Authority: 49 U.S.C. 106(f), 106(g), 40103, Security, Department of Commerce,
be acceptable on a related aircraft 40113, 40119, 41706, 42301 preceding note Phone: (202) 482–5991, Email: ERC@
added by Pub. L. 112–95, sec. 412, 126 Stat. bis.doc.gov.
proficiency check. This oversight 89, 44101, 44701–44702, 44705, 44709–
resulted in inconsistency, as such a 44711, 44713, 44716–44717, 44722, 44729, SUPPLEMENTARY INFORMATION:
determination by the FSB would be 44732, 46105; Pub. L. 111–216, 124 Stat. Background
based on similarities in design and 2348 (49 U.S.C. 44701 note); Pub. L. 112–95,
flight characteristics between the base 126 Stat. 62 (49 U.S.C. 44732 note). The Entity List (15 CFR, Subchapter
aircraft and the related aircraft. As a C, part 744, Supplement No. 4)
§ 121.441 [Amended] identifies entities reasonably believed to
result, the FAA recognized a need to
■ 2. Amend § 121.441 by removing be involved, or to pose a significant risk
permit deviation from the FSTD
paragraph (f)(2)(iii). of being or becoming involved, in
requirements in appendix F to part 121.
Issued under authority provided by 49 activities contrary to the national
The December 16, 2016 final rule security or foreign policy interests of the
U.S.C. 106(f) and 44701(a) in Washington,
amended § 121.441 by amending DC. United States. The Export
paragraph (f), accordingly. Administration Regulations (EAR) (15
Lirio Liu,
This technical amendment removes Executive Director, Office of Rulemaking. CFR, Subchapter C, parts 730–774)
paragraph (f)(2)(iii) from § 121.441 [FR Doc. 2018–05859 Filed 3–21–18; 8:45 am] imposes additional license requirements
because the FAA’s recent changes to BILLING CODE 4910–13–P
on, and limits the availability of most
§ 121.441 render the paragraph license exceptions for, exports,
unnecessary. Paragraph (f)(2)(ii)(B) of reexports, and transfers (in-country) to
§ 121.441 requires the inclusion of those listed. The license review policy
DEPARTMENT OF COMMERCE
maneuvers and procedures, as well as for each listed entity is identified in the
the level of FSTD to be used for each Bureau of Industry and Security License Review Policy column on the
maneuver and procedure, in Entity List, and the impact on the
applications for deviation from the 15 CFR Part 744 availability of license exceptions is
proficiency check requirements of described in the relevant Federal
[Docket No. 180227219–8219–01] Register notice adding entities to the
§ 121.441. Paragraph (f)(2)(iii) also states
RIN 0694–AH51 Entity List. BIS places entities on the
carriers must include maneuvers and
Entity List pursuant to part 744 (Control
procedures in related aircraft Addition of Certain Persons to the Policy: End-User and End-Use Based)
proficiency checks. As a result, although Entity List and Removal of Certain and part 746 (Embargoes and Other
paragraph (f)(2)(iii) does not require a Persons From the Entity List; Special Controls) of the EAR.
listing of the level of FSTD the carrier Correction of License Requirements The End-User Review Committee
plans to use for each maneuver and (ERC), composed of representatives of
procedure, the two paragraphs are AGENCY: Bureau of Industry and
the Departments of Commerce (Chair),
unnecessarily redundant. Overall, the Security, Commerce.
State, Defense, Energy and, where
amended regulatory text will continue ACTION: Final rule.
appropriate, the Treasury, makes all
to ensure carriers that request a SUMMARY: This final rule amends the decisions regarding additions to,
deviation based on a designation of Export Administration Regulations removals from, or other modifications to
related aircraft must include, for (EAR) by adding twenty-three persons to the Entity List. The ERC makes all
purposes of qualification proficiency the Entity List. These twenty-three decisions to add an entry to the Entity
checks, the necessary maneuvers and persons have been determined by the List by majority vote, and makes all
procedures as well as the level of FSTD U.S. Government to be acting contrary decisions to remove or modify an entry
to be used for each maneuver and to the national security or foreign policy by unanimous vote.
procedure. interests of the United States and will be ERC Entity List Decisions
listed on the Entity List under the
III. Technical Amendment destinations of Pakistan, Singapore and Additions to the Entity List
Consistent with the foregoing, the South Sudan. This rule also removes This rule implements the decision of
FAA removes paragraph (f)(2)(iii) to one person under the destination of the ERC to add twenty-three persons to
eliminate the redundancy in paragraphs Ecuador and one person under the the Entity List. These twenty-three
(f)(2)(iii) and (f)(2)(ii)(B). destination of the United Arab Emirates persons are being added on the basis of
(U.A.E.) from the Entity List. Both § 744.11 (License requirements that
List of Subjects in 14 CFR Part 121 removals are the result of requests for apply to entities acting contrary to the
removal received by BIS pursuant to the national security or foreign policy
Air carriers, Aircraft, Airmen, section of the EAR used for requesting interests of the United States) of the
Aviation safety. removal or modification of an Entity
daltland on DSKBBV9HB2PROD with RULES
EAR. The twenty-three entries added to
The Amendment List entry and a review of information the Entity List consist of seven entities
provided in the removal requests. located in Pakistan, one entity in
In consideration of the foregoing, the Lastly, this rule corrects the license Singapore and fifteen entities in South
Federal Aviation Administration requirement for twelve entities that Sudan.
amends 14 CFR part 121 as follows: were added under the destination of The ERC reviewed § 744.11(b)
Russia as part of a recent BIS rule. (Criteria for revising the Entity List) in
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Document Created: 2018-03-22 01:25:26
Document Modified: 2018-03-22 01:25:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | Effective March 22, 2018. | |
| Contact | Sheri Pippin, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: 202-267- 8166; email: [email protected] | |
| FR Citation | 83 FR 12474 | |
| RIN Number | 2120-AK95 | |
| CFR Associated | Air Carriers; Aircraft; Airmen and Aviation Safety |
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