[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Proposed Rules]
[Pages 34-35]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28378]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2022-1463]
RIN 2120-AL74


Airman Certification Standards and Practical Test Standards for 
Airmen; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: This action extends the comment period for the notice of 
proposed rulemaking Airman Certification Standards and Practical Test 
Standards for Airmen; Incorporation by Reference, which published in 
the Federal Register on December 12, 2022.

DATES: The comment period for the notice of proposed rulemaking was 
opened on December 12, 2022 and was scheduled to close on January 11, 
2023. The comment period is extended for an additional 30 days or a 
total of 60 days from the original publication date in the Federal 
Register to February 10, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-1463 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://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 https://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 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the 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: Daron Malmborg, Airman Testing 
Standards Branch, AFS-630, Federal Aviation Administration, P.O. Box 
25082, Oklahoma City, OK 73125; (405) 954-4151; [email protected].

SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section 
for information on how to comment on this proposal and how the FAA will 
handle comments received. The ``Additional Information'' section also 
contains related information about the docket, privacy, the handling of 
proprietary or confidential business information. In addition, there is 
information on obtaining copies of related rulemaking documents.

Executive Summary

    The subject rulemaking proposes several amendments to parts 61, 63, 
and 65 of Title 14 of the Code of Federal Regulations (14 CFR) by 
incorporating by reference (IBR) the Airman Certification Standards 
(ACS) and Practical Test Standards (PTS). The ACSs and PTSs are 
currently utilized as the practical test testing standard for airman 
certificates and ratings. The FAA notes that there are no major 
substantive changes proposed to the testing standards that are already 
in use or the process by which the practical test is conducted. Rather, 
the FAA proposed the rulemaking to bring the ACSs and PTSs into the FAA 
regulations through the proper notice and comment process required by 
the Administrative Procedure Act (APA),\1\ as discussed in section 
III.A. of the previously published preamble.
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 551-559.
---------------------------------------------------------------------------

Extension of Comment Period

    The FAA has determined that extension of the comment period is 
consistent with the public interest, and that good cause exists for 
taking this action. Accordingly, the comment period for FAA-2022-1463 
is extended for an additional 30 days or a total of 60 days from the 
original publication date

[[Page 35]]

in the Federal Register to February 10, 2023.

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 proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, 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 proposed rulemaking. Before acting on this 
proposal, 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 proposal in 
light of the comments it receives.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this NPRM. Submissions containing CBI should be 
sent to the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this document. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

B. Electronic Access and Filing

    A copy of the notice of proposed rulemaking (NPRM), all comments 
received, any final rule, and all background material may be viewed 
online at https://www.regulations.gov using the docket number listed 
above. A copy of this rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found at the FAA's Regulations and Policies website at 
https://www.faa.gov/regulations_policies.
    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) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking. All documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, may 
be accessed in the electronic docket for this rulemaking.

Authority

    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 to promulgate 
regulations and rules. Subtitle VII, Aviation Programs, describes in 
more detail the scope of the agency's authority.
    The proposed rulemaking was promulgated under the authority granted 
to the Administrator in 49 U.S.C. Subtitle VII, Part A, Subpart iii, 
Chapter 401, Section 40113 (prescribing general authority of the 
Administrator of the FAA with respect to aviation safety duties and 
powers to prescribe regulations) and Subpart III, Chapter 447, Sections 
44701 (general authority of the Administrator to promote safe flight of 
civil aircraft in air commerce by prescribing regulations and setting 
minimum standards for other practices, methods, and procedures 
necessary for safety in air commerce and national security), 44702 
(general authority of the Administrator to issue airman certificates), 
and 44703 (general authority of the Administrator to prescribe 
regulations for the issuance of airman certificates when the 
Administrator finds, after investigation, that an individual is 
qualified for and physically able to perform the duties related to the 
position authorized by the certificate). The subject rulemaking 
proposal was previously issued within the scope of that authority.
    This extension to the comment period for the aforementioned 
rulemaking is issued under authority provided by 49 U.S.C. 106(f), 
44701(a), and 44703 in Washington, DC, on December 23, 2023.

Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2022-28378 Filed 12-30-22; 8:45 am]
BILLING CODE P


