

[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Rules and Regulations]               
[Page 59597-59599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc07-7]                         


[[Page 59597]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 1, 11, 60 and 121



Flight Simulation Training Device Initial and Continuing Qualification 
and Use; Final Rule and Proposed Rule


[[Page 59598]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 60, and 121

[Docket No. FAA-2002-12461; Amendment Nos. 1-59, 11-54, 60-2, 121-335]
RIN 2120-AH07

 
Flight Simulation Training Device Initial and Continuing 
Qualification and Use

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction, delay of effective and compliance 
dates.

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SUMMARY: The Federal Aviation Administration (FAA) is delaying the 
effective date of a final rule that established qualification 
requirements for flight simulation training devices (FSTD). In 
addition, because the new rule set forth specific dates for compliance, 
to ensure that individuals affected by the rule have adequate time to 
comply with the rule, the FAA will also delay the compliance date of 
the rule. The new rule consolidates and updates FSTD requirements that 
currently exist in different parts of the FAA's regulations and in 
advisory circulars. The extension of the effective date is necessary 
because the FAA has initiated a subsequent rulemaking that would 
provide greater harmonization with the international standards document 
for simulation. Delaying the effective date of the final rule will 
allow the agency to complete this subsequent rulemaking and amend the 
final rule that established qualification requirements for FSTD before 
the October 30, 2007, effective date.

DATES: Effective Dates: The effective date of the rule establishing 14 
CFR part 60 and amending 14 CFR parts 1, 11, and 121, published at 71 
FR 63392 (October 30, 2006), is delayed from October 30, 2007, to May 
30, 2008. In addition, the amendments in this document are effective 
May 30, 2008.
    Compliance Dates: The compliance date of the rule establishing 14 
CFR part 60 is delayed from October 30, 2009, to May 30, 2010.

FOR FURTHER INFORMATION CONTACT: Ed Cook, Air Transportation Division 
(AFS-200), Flight Standards Service, Federal Aviation Administration, 
100 Hartsfield Centre Parkway, Suite 400, Atlanta, GA 30354; telephone: 
404-832-4700.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov
);

    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/
; or

    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking. Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit 
http://DocketInfo.dot.gov.


Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under FOR FURTHER INFORMATION CONTACT. You can find 
out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.


Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, subpart I, 49 U.S.C. 44701. Under that 
section, the FAA is charged with regulating air commerce in a way that 
best promotes safety.

Background

    During the development of the part 60 final rule (hereinafter 
``part 60 Final Rule'') (October 30, 2006, 71 FR 63392), after the 
publication of the NPRM on September 25, 2002 (67 FR 60284), the FAA 
became aware of additional changes which needed to be made to the part 
60 rule language. The need for additional changes was a result of 
requests by the aviation community to harmonize the rule with recent 
updates to international flight simulation standards. However, many of 
the changes were beyond the scope of the part 60 NPRM, and therefore, 
could not be included in the final rule. Rather than delay its efforts 
or issue a supplemental notice of proposed rulemaking, the FAA 
determined that the fastest approach would be to publish the part 60 
Final Rule with an effective date delayed for one year after 
publication, and amend the technical requirements under the expedited 
Qualification Performance Standard (QPS) amendment process. This 
approach avoided increased expenses, greater workload, and conflicting 
compliance requirements for sponsors who would be required to comply 
with part 60. However, the FAA has since determined that the additional 
changes would require an NPRM and the initial one year delay in the 
effective date established for part 60 is not sufficient for completion 
of this process. Therefore, the effective date for part 60 and the 
associated amendments to parts 1, 11, and 121 is extended to May 30, 
2008. In addition, specific compliance dates for certain portions of 
part 60 were set forth in the part 60 Final Rule. Because of the delay 
of the effective date for part 60, to ensure that affected parties have 
adequate notice regarding compliance with the part 60 Final Rule, the 
FAA will extend this date from October 30, 2009, to May 30, 2010.

Good Cause for Foregoing Public Notice and Comment

    Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), authorizes agencies to dispense with certain notice 
procedures for rules when they find ``good cause'' to do so. Under 
section 553(b)(3)(B), the requirements of notice and opportunity for 
comment do not apply when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    In this case, the FAA finds that notice and public comment are 
unnecessary and contrary to the public interest. This action delays the 
effective date for the

[[Page 59599]]

final rule published October 30, 2006 (71 FR 63392). We issued those 
regulations using the public notice and comment procedure. In that 
final rule, we stated ``It is the FAA's intent the part 60 final rule 
not be effective until the first revision of the QPS appendices have 
been published in the Federal Register as a final rule.'' 71 FR 63398. 
The FAA intends to publish a notice of proposed rulemaking inviting 
comments on the first revision of the QPS appendices in the near 
future. Additional public notice and comment is also contrary to the 
public interest since the public is best served by informing them as 
soon as possible of the delay in the effective date. If the FAA were to 
provide notice and comment, the public would not be informed of the 
delay in the effective date until close to October 30, 2007, the date 
on which the part 60 final rule is currently scheduled to become 
effective.

Good Cause for Immediate Adoption

    Since neither the delay in the effective date nor the delay in the 
compliance date of the final rule imposes any new requirements or any 
additional burden on the regulated public, the FAA finds that good 
cause exists for immediate adoption of the new effective date and 
compliance date without a 30-day notice period.

The Effect of Our Decision

    Our decision delays the effective date of the final rule (71 FR 
63426, Oct. 30, 2006) establishing 14 CFR part 60 and amending 14 CFR 
parts 1, 11, and 121 from October 30, 2007, to May 30, 2008. Also, our 
decision delays compliance with certain sections of the final rule, as 
outlined below, from October 30, 2009, to May 30, 2010.

The Amendment

0
In Doc. No. FAA-2002-12461 appearing on page 63392 in the Federal 
Register of Monday, October 30, 2006 (71 FR 63392), the following 
corrections are made:


Sec.  60.5  [Corrected]

0
1. On page 63427, in the first column in Part 60 Flight Simulation 
Training Device Initial and Continuing Qualification, amend Sec.  
60.5(a) by removing the date ``October 30, 2009'' and adding in its 
place the date ``May 30, 2010.''


Sec.  60.7  [Corrected]

0
2. On page 63427, in the second column in Part 60 Flight Simulation 
Training Device Initial and Continuing Qualification, amend Sec.  
60.7(b)(5) and (b)(6) (in two places) by removing the date ``October 
30, 2007'' and adding in its place the date ``May 30, 2008.''


Sec.  60.17  [Corrected]

0
3. On page 63429, in the third column in Part 60 Flight Simulation 
Training Device Initial and Continuing Qualification, amend Sec.  
60.17(a), (b), and (d) by removing the date ``October 30, 2007'' and 
adding in its place the date ``May 30, 2008'' and further amend (b) by 
removing the date ``October 30, 2013'' and adding in its place the date 
``May 30, 2014.''

    Issued in Washington, DC, on September 24, 2007.
Rebecca Byers MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 07-4888 Filed 10-19-07; 8:45 am]

BILLING CODE 4910-13-P
