
[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56822-56829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22485]



[[Page 56822]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No.: FAA-2013-0780; Amdt. No. 61-131]
RIN 2120-AK23


Certified Flight Instructor Flight Reviews; Recent Pilot in 
Command Experience; Airmen Online Services

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This rule permits an airman who passes a practical test for 
issuance of a flight instructor certificate, a practical test for the 
addition of a rating to a flight instructor certificate, a practical 
test for renewal of a flight instructor certificate, or a practical 
test for the reinstatement of a flight instructor certificate to meet 
the 24-calendar month flight review requirements. This rule also 
clarifies that the generally applicable recent flight experience 
requirements do not apply to a pilot in command who is employed by a 
commuter or on-demand operator if the pilot in command is in compliance 
with the specific pilot in command qualifications and recent experience 
requirements for that commuter or on-demand operator. Finally, this 
rule permits replacement airman and medical certificates to be 
requested online, or by any other method acceptable to the 
Administrator. These changes relieve regulatory burdens and clarify 
existing regulations.

DATES: Effective Date: November 15, 2013.
    Submit comments on or before October 16, 2013. If the FAA receives 
an adverse comment or notice of intent to file an adverse comment, the 
FAA will advise the public by publishing a document in the Federal 
Register before the effective date of this direct final rule. This 
document may withdraw the direct final rule in whole or in part.

ADDRESSES: You may send comments identified by docket number FAA-2013-
0780 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 process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://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: For technical questions concerning 
this action, contact Allan G. Kash, Airmen Certification and Training 
Branch, Flight Standards Service, AFS-810, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 385-9621; email allan.g.kash@faa.gov.
    For legal questions concerning this action, contact Anne Moore, 
Office of the Chief Counsel--International Law, Legislation, and 
Regulations Division, AGC-200, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; email anne.moore@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on 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 III, Section 447--Safety Regulation. 
Under that section, the FAA is charged with promoting safe flight of 
civil aircraft in air commerce by prescribing regulations necessary for 
safety and prescribing regulations for the issuance of airman 
certificates. This final rule is within the scope of that authority.

The Direct Final Rule Procedure

    The FAA is adopting this rule without prior notice and prior public 
comment as a direct final rule because it alleviates unnecessary 
burdens by expanding the exceptions to a flight review, removes 
redundant recency requirements for pilots flying for certificated 
operators under part 135, and provides a regulatory basis for the 
Airmen Certification Branch to provide Airmen Online Services. 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, the FAA invites interested persons to participate 
in this rulemaking by filing comments, data, or views. The agency also 
invites comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting this final rule.
    This direct final rule will take effect on November 15, 2013 unless 
the FAA receives an adverse comment or a notice of intent to file an 
adverse comment within the comment period. An adverse comment explains 
why a rule would be inappropriate, or would be ineffective or 
unacceptable without a change. It may challenge the rule's underlying 
premise or approach. Under the direct final rule process, the FAA does 
not consider the following types of comments to be adverse:
     A comment recommending another rule change, in addition to 
the change in the direct final rule at issue. The FAA considers the 
comment adverse, however, if the commenter states why the direct final 
rule would be ineffective without the change.
     A frivolous or insubstantial comment.
    If the FAA receives an adverse comment or notice of intent to file 
an adverse comment, the FAA will advise the public by publishing a 
document in the Federal Register before the effective date of the final 
rule. This document may withdraw the direct final rule in whole or in 
part. If the FAA withdraws a direct final rule because of an adverse 
comment, the FAA may incorporate the commenter's recommendation into 
another direct final rule or may publish a notice of proposed 
rulemaking.
    If the FAA does not receive an adverse comment or notice of intent 
to file an adverse comment, the FAA will publish a confirmation 
document in the Federal Register, generally within 15 days after the 
comment period closes.

[[Page 56823]]

The confirmation document confirms to the public the effective date of 
the rule.
    See the ``Additional Information'' section for information on how 
to comment on this direct final rule and how the FAA will handle 
comments received. The ``Additional Information'' section also contains 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. In addition, there is 
information on obtaining copies of related rulemaking documents.

I. Discussion of the Direct Final Rule

Flight Review

    To act as pilot in command of an aircraft, Sec.  61.56(c) of Title 
14 of the Code of Federal Regulations (CFR) requires a pilot to have 
satisfactorily completed a flight review in an aircraft for which that 
pilot is rated within 24 calendar months before the month in which the 
pilot acts as pilot in command. The flight review must consist of a 
minimum of 1 hour flight training and 1 hour ground training.\1\
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    \1\ There are two exceptions to the minimum time requirement for 
a flight review. They are found in Sec.  61.56(b) and (f). Paragraph 
(b) pertains to a reduction of time required for glider pilots and 
paragraph (f) pertains to 1 hour ground training credited toward a 
flight review for successful renewal of a flight instructor 
certificate under Sec.  61.197.
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    The purpose of the flight review is to provide for a regular 
assessment of pilot skills and aeronautical knowledge. When the 
requirement was first introduced, the FAA stated that the flight review 
would assure that every pilot would have a qualified individual comment 
on his or her competency at least once every two years, as discussed in 
38 FR 3156 (February 1, 1973). The flight review also offers pilots the 
opportunity to design a personal currency and proficiency program in 
consultation with an authorized flight instructor. A flight review may 
have certain standard features, e.g., review of specific regulations 
and procedures; however, both the flight review and any follow-up plan 
for training and proficiency may be tailored to each pilot's skill, 
experience, aircraft, and personal flying goals.\2\
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    \2\ Federal Aviation Administration, Conducting an Effective 
Flight Review http://www.faa.gov/pilots/training/media/flight_review.pdf.
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    Section 61.56 sets forth certain exceptions to the requirement for 
a pilot to accomplish a flight review.\3\ Among these exceptions, a 
person who has, within the prescribed 24-month period, ``passed a pilot 
proficiency check conducted by an FAA examiner, an approved pilot check 
airman, or a U.S. Armed Force, for a pilot certificate, rating, or 
operating privilege,'' need not accomplish the required flight review 
required by Sec.  61.56(d). This exception is appropriate because a 
practical test for a certificate or rating is administered by an FAA 
examiner in accordance with the practical test standards. In addition, 
pilots employed by a part 119 certificate holder conducting operations 
under part 121 and part 135 receive recurring training and proficiency 
checks, conducted by an FAA examiner or approved pilot check airman 
provided by their employer, which exceed the requirements of a flight 
review. As noted in the regulation above, the FAA accepts U.S. Armed 
Forces proficiency checks. The content of the listed practical tests 
and proficiency checks typically exceeds the requirements of a flight 
review and satisfies the stated objective of the flight review, namely, 
to ensure that a pilot has had a qualified individual comment on his or 
her competency at least once every 24 calendar months. Thus, these 
pilots need not accomplish the flight review of Sec.  61.56(a) as they 
meet the requirements of Sec.  61.56(d).
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    \3\ Paragraphs (d), (e), and (g) of Sec.  61.56 are the three 
exceptions to this regulatory requirement to complete a flight 
review. The exceptions in paragraphs (e) and (g) are not subjects of 
this rulemaking. Under paragraph (e), a person who has, within the 
previous 24 calendar months, satisfactorily accomplished one or more 
phases of an FAA-sponsored pilot proficiency award program need not 
accomplish the flight review (14 CFR 61.56(e). Paragraph (g) is an 
exception regarding a student pilot and remains as it was previously 
written.
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    In a recent legal interpretation, the FAA concluded that a flight 
instructor practical test is not included in the listed exceptions in 
Sec.  61.56(d) because it is not a ``pilot proficiency check,'' Levy 
Interpretation, February 7, 2008.\4\ The FAA explained that, although a 
flight instructor practical test does not automatically relieve a pilot 
of the requirement to complete a flight review, a person taking a 
flight instructor practical test may request that the test be taken in 
conjunction with a flight review at the examiner's discretion. The FAA 
has received several requests to reconsider the Levy Interpretation and 
one request for rulemaking.\5\
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    \4\ Legal interpretations can be found on the FAA Legal 
Interpretation & Opinion Web site: http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/Interpretations/.
    \5\ Petition from Robert Hadow, dated April 18, 2011. Docket No. 
FAA-2011-0437, http://www.regulations.gov.
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    The FAA finds that good cause exists to amend Sec.  61.56(d) to 
include successful completion of flight instructor practical tests 
among the exceptions to the flight review requirement. Applicants for 
an FAA flight instructor certificate are required to have the 
comprehensive knowledge and skills necessary to provide instruction to 
airmen seeking pilot certificates and ratings. Part 61 specifies the 
areas of operation in which knowledge and skill must be demonstrated by 
the applicant before the issuance of an FAA flight instructor 
certificate with the associated category and class ratings. All 
practical tests administered must meet the knowledge and skill standard 
prescribed by the corresponding Flight Instructor Practical Test 
Standards Book published by the FAA.
    Although a flight instructor practical test is chiefly focused on 
the pilot's instructional skills, a pilot must demonstrate satisfactory 
performance of the procedures and maneuvers selected by the examiner--
at least to the commercial pilot skill level--while giving effective 
instruction.\6\ Therefore, the flight instructor practical test 
standards require the applicant to demonstrate not only the knowledge 
but also the skill required of pilots completing the practical tests 
that the FAA instructor is authorized to teach. As with the other 
exceptions listed in Sec.  61.56, the requirements for passing an FAA 
flight instructor practical test exceed those for a pilot accomplishing 
a flight review and meet the goal of ensuring that a pilot's competency 
is observed by a qualified individual.
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    \6\ For example, Flight Instructor Practical Test Standards Book 
for Airplane, June 2012 (Effective December 1, 2012), FAA-S-8081-6D 
U.S. Department of Transportation (with changes 1 & 2), Satisfactory 
Performance No. 6 page 13.
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    An FAA flight instructor practical test places the applicant in the 
position of having the examiner evaluate the applicant as the applicant 
demonstrates the procedures and maneuvers performed in the practical 
test to commercial pilot practical test standards. The flight 
instructor applicant also performs and demonstrates selected phases of 
flight during the flight portion of the practical test. If the pilot 
taking a flight instructor practical test does not demonstrate the safe 
exercise of the privileges of their pilot certificate while 
instructing, the test would not meet commercial pilot practical test 
standards and the applicant would not pass the flight instructor 
practical test.
    As previously stated, the flight instructor practical test 
standards require an airman to demonstrate and simultaneously explain 
the tasks required for the issuance of a pilot certificate while 
meeting commercial

[[Page 56824]]

practical test standards. Industry advocacy groups have indicated they 
believe that the flight instructor certification covers much more than 
the regulatory requirements of a flight review. These groups have 
indicated support for amendment of the regulations to allow for a 
flight instructor practical test to be included as an exception to 
completing a flight review. The FAA agrees with this view. This rule 
modifies Sec.  61.56(d) to allow an airman who passes a practical test 
for issuance of a flight instructor certificate, a practical test for 
the addition of a rating to a flight instructor certificate, a 
practical test for renewal of a flight instructor certificate, or a 
practical test for the reinstatement of a flight instructor certificate 
to meet the flight review requirements of 14 CFR part 61.

Recent Flight Experience

    Section 61.57 sets forth the recent flight experience requirements 
to act as pilot in command of an aircraft. Section 61.57(e)(2) states 
that this section does not apply ``to a pilot in command who is 
employed by an air carrier certificated under part 121 or 135 and is 
engaged in a flight operation under part 91, 121, or 135 for that air 
carrier if the pilot is in compliance with'' the pilot-in-command 
requirements in Sec.  121.435 or Sec.  121.436, as applicable, and 
Sec.  121.439 or Sec. Sec.  135.243 and 135.247, as appropriate. The 
FAA has received several requests for clarification of whether, under 
the specific language of Sec.  61.57(e)(2), the exception applies only 
to a pilot in command employed by the holder of a part 119 air carrier 
certificate or whether it also extends to a pilot in command employed 
by the holder of a part 119 operating certificate.
    When the FAA first proposed this exception to the recent flight 
experience requirements in Sec.  61.57, it stated that the intention 
was to provide relief from ``essentially redundant recency 
requirements'' for part 121 and part 135 operators and their pilots in 
command (59 FR 56385, November 14, 1994). In that final rule, then-
Sec.  61.57(f) stated that the recent flight experience requirements in 
part 61 did not apply ``to a pilot in command, employed by a 14 CFR 
part 121 or part 135 operator, engaged in flight operations under 14 
CFR part 91, 121, or 135 for that operator.'' The FAA refined the 
language in a 1997 final rule and, in doing so, introduced the term 
``air carrier'' in place of the term ``operator'' (62 FR 16220, April 
7, 1997).
    The FAA did not intend to limit the exception to pilots employed by 
air carriers operating in parts 121 and 135. The FAA intended to 
include any pilot in command who is employed by a part 119 certificate 
holder authorized to conduct operations under part 121 or part 135 when 
the pilot is engaged in operations under parts 91, 121, or 135 for that 
certificate holder if the pilot in command is in compliance with 
Sec. Sec.  121.435 or 121.436, as applicable, and Sec.  121.439 or 
Sec. Sec.  135.243 and 135.247, as appropriate.
    Consequently, the FAA finds that good cause exists to amend the 
language in Sec.  61.57(e) to make clear that the recent flight 
experience requirements of that section do not apply to a pilot in 
command who is employed by the holder of an operating certificate that 
is conducting operations under part 121 or part 135 if the pilot in 
command is also in compliance with Sec.  121.435 or Sec.  121.436, as 
applicable, and Sec.  121.439, or Sec. Sec.  135.243 and 135.247, as 
appropriate. In making this change, the FAA is acting consistently with 
the original intent of the regulation--specifically, providing relief 
from redundant recency requirements.\7\
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    \7\ The FAA has modified the language in Sec.  61.57(e)(1) 
pertaining to pilots in command employed by part 119 certificate 
holders conducting operations under part 125. The revision of 
paragraph (e)(1) results in no substantive change to the 
requirements for part 119 certificate holders conducting operations 
under part 125.
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Airmen Online Services

    In the case of a lost or destroyed airman or medical certificate, 
Sec.  61.29(a) and (b) permit a pilot to request the replacement of a 
lost or destroyed airman certificate issued under part 61. Replacement 
airman certificates may be requested by letter to the Department of 
Transportation, FAA, Airmen Certification Branch, P.O. Box 25082, 
Oklahoma City, OK 73124. Replacement medical certificates may be 
requested by letter to the Department of Transportation, FAA, Aerospace 
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 
73125.
    Although current regulations recognize requests for replacement 
certificates only by letter, the FAA has established Airmen Online 
Services through which a pilot can request a replacement airman 
certificate or obtain a document that provides temporary authority to 
exercise the privileges of an airman certificate by facsimile or 
through Internet download at the FAA Web site: http://www.faa.gov/licenses_certificates/airmen_certification/certificate_replacement/. 
The use of Airmen Online Services is not addressed or recognized in 
Sec.  61.29. Therefore, the FAA is amending the language in Sec.  61.29 
to reflect the use of Airmen Online Services or any method acceptable 
to the FAA for the purpose of obtaining a replacement certificate or 
60-day authority to exercise the privileges of a lost or stolen 
certificate.
    The FAA is also revising Sec.  61.3 to clarify that temporary 
documents issued under Sec.  61.29(e) are acceptable for meeting the 
Sec.  61.3 requirement that a pilot have his or her pilot certificate 
and medical certificate in the person's physical possession when 
serving as a required flightcrew member. The FAA notes that Sec.  
61.29(e) already contains language indicating that temporary documents 
may be carried ``as an airman certificate [or] medical certificate'' 
for up to 60 days. As such, the language being added to Sec.  61.3 is 
not intended as a change to existing regulations but rather is intended 
solely to provide ease of reference for persons seeking such 
information in Sec.  61.3. The FAA notes that online services are 
currently unavailable for replacement medical certificates and 
knowledge test reports; however, the FAA has modified the language of 
those provisions in anticipation of other methods becoming available in 
the future.

II. Regulatory Analyses and Executive Order Determinations

    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 
(Public Law 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 direct 
final rule.

[[Page 56825]]

    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 final rule does not 
warrant a full evaluation, this order permits that a statement to that 
effect and the basis for it 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 direct final rule. The reasoning 
for this determination follows.

Executive Orders 12866 and 13563

    This direct final rule relieves regulatory burdens for certified 
flight instructor applicants and pilots in command. It also makes clear 
that applications for replacement airman and medical certificates may 
be obtained using methods other than individual letters mailed to the 
Airmen Certification Branch or Aerospace Medical Certification 
Division, respectively.
    Since the direct final rule will impose no new costs, and updates 
four sections of part 61, the expected outcome will be a minimal impact 
with positive net benefits. A regulatory evaluation was not prepared.
    The FAA, therefore, has determined that this direct final rule is 
not a ``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866. Therefore, this action has not been reviewed by 
the Office of Management and Budget. Further, this direct final rule is 
not ``significant'' as defined in DOT's Regulatory Policies and 
Procedures.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (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 relieves regulatory restrictions for certified flight 
instructor applicants and pilots in command. It also makes clear that 
applications for replacement airmen and medical certificates may be 
obtained using methods other than individual letters mailed to the 
Airmen Certification Branch or Aerospace Medical Certification 
Division, respectively. Small businesses and small entities are not 
impacted by this action.
    This direct final rule imposes no new costs and updates and 
clarifies four sections of part 61; the expected outcome will have only 
a minimal impact on any small entity affected by this rulemaking 
action.
    Therefore, as the FAA Administrator, I certify that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

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 direct final rule and determined 
that it will have only a domestic impact and therefore no effect on 
international trade.

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 $143.1 million in lieu of $100 
million. This direct final rule does not contain such a mandate; 
therefore, the requirements of Title II of the Act do not apply.

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)(2)(vi)), 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.
    This action contains the following revision to the existing 
information collection requirements previously approved under OMB 
Control Number 2120-0021, Certification: Pilots, Flight Instructors, 
and Ground Instructors. As required by the Paperwork Reduction Act (44 
U.S.C. 3507(d)), the FAA has submitted this information collection 
revision to the Office of Management and Budget for its review.
    This direct final rule reduces the recordkeeping burden for an 
airman who passes a practical test for issuance of a flight instructor 
certificate, a practical test for the addition of a rating to a flight 
instructor certificate, a practical test for renewal of a flight 
instructor certificate, or a practical test for the reinstatement of a 
flight instructor certificate as this rule will now allow passage of 
such a test to meet the 24-calendar month flight review requirements 
for the airman. This rule also relieves regulatory burdens for airmen 
by making clear that the recent flight experience requirements do not 
apply to a pilot in command who is employed by an operator certificated 
under 14 CFR part 135 if the pilot in command is also in compliance 
with the pilot in command qualifications and recent experience 
requirements of part 135.
    Flight reviews: The current information collection estimates that, 
of the total active pilot population of 700,000, some 190,000 pilots 
complete a flight review per year with an average

[[Page 56826]]

time of 0.1 hours each (6 minutes) necessary for the flight instructor 
to record the flight review. This rule reduces that recordkeeping 
burden by permitting an airman who passes a practical test for issuance 
of a flight instructor certificate, a practical test for the addition 
of a rating to a flight instructor certificate, a practical test for 
renewal of a flight instructor certificate, or a practical test for the 
reinstatement of a flight instructor certificate to meet the flight 
review requirements.
    During calendar year 2012, the FAA issued 4,127 original certified 
flight instructor certificates and 4,034 \8\ certified flight 
instructor certificates for the addition of a rating. These persons 
will no longer be required to complete the flight review. Thus, the FAA 
estimates that 8,161 airmen annually will no longer be required to 
complete flight reviews because they passed a practical test for 
issuance of a flight instructor certificate, a practical test for the 
addition of a rating to a flight instructor certificate, a practical 
test for renewal of a flight instructor certificate, or a practical 
test for the reinstatement of a flight instructor certificate. 
Therefore, the FAA estimates that this rule will reduce the burden by 
816.1 hours annually.
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    \8\ This number reflects practical tests for an additional 
rating to a flight instructor certificate, for renewal of a flight 
instructor certificate, and for reinstatement of a flight instructor 
certificate.
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    Recent flight experience: The current information collection 
estimates that 290,000 pilots are subject to these recordkeeping 
requirements at an average of 0.1 hours (6 minutes) each. While this 
rule clarifies that the recent flight experience requirements do not 
apply to a pilot in command who is employed by the holder of a part 119 
operating certificate that authorizes operations under 14 CFR part 135 
if the pilot in command is also in compliance with the pilot in command 
qualifications and recent experience requirements of part 135, the FAA 
does not believe that the burden related to this information collection 
will change in a manner that is quantifiable. Based on the information 
received from the industry, the FAA believes that part 119 certificate 
holders have been interpreting the regulations to permit pilots who 
complete the recency requirements under part 135 to use this provision 
regardless of whether they are employed by a certificate holder that 
holds an air carrier certificate or an operating certificate. While a 
small number of persons may benefit from this regulatory change, the 
FAA believes that those numbers are small as most part 119 certificate 
holders have already been operating in a manner similar to the 
regulations being revised and clarified by this rule. Therefore, the 
FAA is not revising the burden associated with the recent flight 
experience element of this information collection.
    Based on the change made by this direct final rule to the 
information collection related to certified flight instructor flight 
reviews, the recordkeeping requirements associated with 14 CFR 61.56 
are reduced from 19,000 annual burden hours to 18,184 annual burden 
hours, reflecting the reduction in number of annual responses for this 
aspect of the information collection from 190,000 responses to 181,839 
responses.
Information Collection 2120-0021: Certification: Pilots, Flight 
Instructors, and Ground Instructors
    Type of information collection: Revision of a currently approved 
collection.
    Form(s): FAA form 8710-1.
    Frequency: The information is collected on occasion.
    Abstract: 14 CFR Part 61 prescribes certification standards for 
pilots, flight instructors, and ground instructors. The information 
collected is used to determine compliance with applicant eligibility, 
via FAA form 8710-1.
    The following table provides information regarding annual responses 
and annual burden hours.

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                                                                                   Average time
                      Provision CFR Sec.                             Number of     per response    Total annual
                                                                     responses        (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
                                                    Reporting
----------------------------------------------------------------------------------------------------------------
61.13...........................................................         100,000            0.1           10,000
61.197..........................................................          40,000            0.1            4,000
----------------------------------------------------------------------------------------------------------------
                                                  Recordkeeping
----------------------------------------------------------------------------------------------------------------
61.39...........................................................         100,000            0.05           5,000
61.49...........................................................          13,600            0.05             680
61.51...........................................................         190,000            1.0          190,000
61.56(a)........................................................         181,839            0.1           18,184
61.57...........................................................         290,000            0.1           29,000
61.87...........................................................          80,000            0.05           4,000
61.93...........................................................          80,000            0.1            8,000
61.125..........................................................           9,500            0.2            1,900
61.185..........................................................           5,800            0.1              580
61.189..........................................................          30,000            1.0           30,000
                                                                 -----------------------------------------------
    Total.......................................................       1,120,739  ..............         301,344
----------------------------------------------------------------------------------------------------------------

    The agency is soliciting comments to--
     Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of collecting information on those who 
are to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information

[[Page 56827]]

collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by October 16, 2013. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Office Building, Room 10202, 725 17th Street NW., 
Washington, DC 20503.

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 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

Executive Order 13609, Promoting International Regulatory Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) 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.

Environmental Analysis

    FAA Order 1050.1E 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 312f and involves no extraordinary 
circumstances.

Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (5 U.S.C. 553), 
including notice of proposed rulemaking and the opportunity for public 
comment, if it is determined to be unnecessary, impracticable, or 
contrary to the public interest. This rule relieves regulatory 
restrictions by permitting an airman who passes a practical test for 
issuance of a flight instructor certificate, a practical test for the 
addition of a rating to a flight instructor certificate, a practical 
test for renewal of a flight instructor certificate, or a practical 
test for the reinstatement of a flight instructor certificate to meet 
the 24-calendar month flight review requirements of part 61. This rule 
also clarifies that the recent flight experience requirements of Sec.  
61.57 do not apply to a pilot in command who is employed by an operator 
certificated under 14 CFR part 135 if the pilot in command is in 
compliance with the pilot in command qualifications and recent 
experience requirements of part 135. Finally, this rule permits 
replacement airmen and medical certificates to be requested online, or 
by any other method acceptable to the Administrator. Therefore, the FAA 
finds good cause to publish this action as a direct final rule. Please 
see the ``Direct Final Rule Procedure'' section for more information.

Executive Order 13132

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
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.

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.

III. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the rulemaking 
action in this document. The most helpful comments reference a specific 
portion of the rulemaking action, explain the reason for any 
recommended change, and include supporting data. To ensure the docket 
does not contain duplicate comments, commenters should send only one 
copy of written comments, or if comments are filed electronically, 
commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking. Before confirming this direct 
final rule, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this rulemaking 
action in light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify 
electronically within the disk or CD-ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at 
http://www.faa.gov/regulations_policies or
     Accessing the Government Printing Office's Federal Digital 
System Web page at http://www.gpo.gov/fdsys.
    Copies may also be obtained 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. 
Commenters

[[Page 56828]]

must identify the docket or amendment number of this rulemaking.
    All documents the FAA considered in developing this rulemaking 
action, including economic analyses and technical reports, may be 
accessed from the Internet through the Federal eRulemaking Portal 
referenced above.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements, Security measures, Teachers.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 45102-45103, 45301-45302.

0
2. Section 61.3 is amended by revising paragraphs (a) introductory 
text, (a)(1), (b), and (i)(1) to read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

    (a) Required pilot certificate for operating a civil aircraft of 
the United States. No person may serve as a required pilot flight 
crewmember of a civil aircraft of the United States, unless that 
person:
    (1) Has in the person's physical possession or readily accessible 
in the aircraft when exercising the privileges of that pilot 
certificate or authorization--
    (i) A pilot certificate issued under this part and in accordance 
with Sec.  61.19;
    (ii) A special purpose pilot authorization issued under Sec.  
61.77;
    (iii) A temporary certificate issued under Sec.  61.17;
    (iv) A document conveying temporary authority to exercise 
certificate privileges issued by the Airmen Certification Branch under 
Sec.  61.29(e); or
    (v) When operating an aircraft within a foreign country, a pilot 
license issued by that country may be used.
* * * * *
    (b) Required pilot certificate for operating a foreign-registered 
aircraft within the United States. No person may serve as a required 
pilot flight crewmember of a civil aircraft of foreign registry within 
the United States, unless--
    (1) That person's pilot certificate or document issued under Sec.  
61.29(e) is in that person's physical possession or readily accessible 
in the aircraft when exercising the privileges of that pilot 
certificate; and
    (2) Has been issued in accordance with this part, or has been 
issued or validated by the country in which the aircraft is registered.
* * * * *
    (i) Ground instructor certificate. (1) Each person who holds a 
ground instructor certificate issued under this part must have that 
certificate or a temporary document issued under Sec.  61.29(e) in that 
person's physical possession or immediately accessible when exercising 
the privileges of that certificate.
* * * * *

0
3. Section 61.29 is amended by revising paragraphs (a), (b), (c), and 
(e) to read as follows:


Sec.  61.29  Replacement of a lost or destroyed airman or medical 
certificate or knowledge test report.

    (a) A request for the replacement of a lost or destroyed airman 
certificate issued under this part must be made:
    (1) By letter to the Department of Transportation, FAA, Airmen 
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must 
be accompanied by a check or money order for the appropriate fee 
payable to the FAA; or
    (2) In any other manner and form approved by the Administrator 
including a request online to Airmen Services at http://www.faa.gov, 
and must be accompanied by acceptable form of payment for the 
appropriate fee.
    (b) A request for the replacement of a lost or destroyed medical 
certificate must be made:
    (1) By letter to the Department of Transportation, FAA, Aerospace 
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA; or
    (2) In any other manner and form approved by the Administrator and 
must be accompanied by acceptable form of payment for the appropriate 
fee.
    (c) A request for the replacement of a lost or destroyed knowledge 
test report must be made:
    (1) By letter to the Department of Transportation, FAA, Airmen 
Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must 
be accompanied by a check or money order for the appropriate fee 
payable to the FAA; or
    (2) In any other manner and form approved by the Administrator and 
must be accompanied by acceptable form of payment for the appropriate 
fee.
* * * * *
    (e) A person who has lost an airman certificate, medical 
certificate, or knowledge test report may obtain, in a form or manner 
approved by the Administrator, a document conveying temporary authority 
to exercise certificate privileges from the FAA Aeromedical 
Certification Branch or the Airman Certification Branch, as 
appropriate, and the:
    (1) Document may be carried as an airman certificate, medical 
certificate, or knowledge test report, as appropriate, for up to 60 
days pending the person's receipt of a duplicate under paragraph (a), 
(b), or (c) of this section, unless the person has been notified that 
the certificate has been suspended or revoked.
    (2) Request for such a document must include the date on which a 
duplicate certificate or knowledge test report was previously 
requested.

0
4. Section 61.56 is amended by revising paragraph (d) to read as 
follows:


Sec.  61.56  Flight review.

* * * * *
    (d) A person who has, within the period specified in paragraph (c) 
of this section, passed any of the following need not accomplish the 
flight review required by this section:
    (1) A pilot proficiency check or practical test conducted by an 
examiner, an approved pilot check airman, or a U.S. Armed Force, for a 
pilot certificate, rating, or operating privilege.
    (2) A practical test conducted by an examiner for the issuance of a 
flight instructor certificate, an additional rating on a flight 
instructor certificate, renewal of a flight instructor certificate, or 
reinstatement of a flight instructor certificate.
* * * * *

0
5. Section 61.57 is amended by--
0
A. Revising paragraphs (e)(1) and (e)(2),
0
B. Redesignating paragraph (e)(3) as paragraph (e)(4) and revising the 
introductory text of newly redesignated paragraph (e)(4), and
0
C. Adding new paragraph (e)(3) to read as follows:


Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (e) Exceptions. (1) Paragraphs (a) and (b) of this section do not 
apply to a pilot in command who is employed by a part 119 certificate 
holder authorized to conduct operations under part 125

[[Page 56829]]

when the pilot is engaged in a flight operation for that certificate 
holder if the pilot in command is in compliance with Sec. Sec.  125.281 
and 125.285 of this chapter.
    (2) This section does not apply to a pilot in command who is 
employed by a part 119 certificate holder authorized to conduct 
operations under part 121 when the pilot is engaged in a flight 
operation under parts 91 and 121 for that certificate holder if the 
pilot in command is in compliance with Sec. Sec.  121.435 or 121.436, 
as applicable, and Sec.  121.439 of this chapter.
    (3) This section does not apply to a pilot in command who is 
employed by a part 119 certificate holder authorized to conduct 
operations under part 135 when the pilot is engaged in a flight 
operation under parts 91 and 135 for that certificate holder if the 
pilot in command is in compliance with Sec. Sec.  135.243 and 135.247 
of this chapter.
    (4) Paragraph (b) of this section does not apply to a pilot in 
command of a turbine-powered airplane that is type certificated for 
more than one pilot crewmember, provided that pilot has complied with 
the requirements of paragraph (e)(4)(i) or (ii) of this section:
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703, in Washington, DC, on August 27, 2013.
Michael P. Huerta,
Administrator.
[FR Doc. 2013-22485 Filed 9-13-13; 8:45 am]
BILLING CODE 4910-13-P


