Home/Federal/Federal Register/2022-25289

Rule2022-25289

Increase the Duration of Aircraft Registration

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

November 22, 2022

Effective

January 23, 2023

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The FAA is extending the duration of aircraft registration certificates from three years to seven years. Initial Certificates of Aircraft Registration will expire seven years from the month issued. In addition, the FAA is applying this amendment to all aircraft currently registered under existing FAA regulations governing aircraft registration, which will extend valid Certificates of Aircraft Registration to a seven-year duration. This rulemaking also makes other minor revisions to rules related to internal FAA registration processes.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71210-71218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25289]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 47

[Docket No. FAA-2022-1514; Amdt. No. 47-33]
RIN 2120-AL45

Increase the Duration of Aircraft Registration

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

ACTION: Direct final rule; request for comments.

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

SUMMARY: The FAA is extending the duration of aircraft registration
certificates from three years to seven years. Initial Certificates of
Aircraft Registration will expire seven years from the month issued. In
addition, the FAA is applying this amendment to all aircraft currently
registered under existing FAA regulations governing

[[Page 71211]]

aircraft registration, which will extend valid Certificates of Aircraft
Registration to a seven-year duration. This rulemaking also makes other
minor revisions to rules related to internal FAA registration
processes.

DATES: This direct final rule will become effective January 23, 2023.
Send comments on or before December 22, 2022. If the FAA receives
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. That document may withdraw the direct final rule in
whole or in part.

ADDRESSES: Send comments identified by docket number FAA-2022-1514
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions for sending your
comments electronically.
<bullet> 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.
<bullet> 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.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: Bonnie Lefko, Program Analyst, Civil
Aviation Registry, FAA Aircraft Registration Branch, Federal Aviation
Administration, P.O. Box 25504, Oklahoma City, OK 73125; telephone 405-
954-3131; email <a href="/cdn-cgi/l/email-protection#ebadaaaac5aa829988998a8d9fc5b98e8c82989f9992ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="cd8b8c8ce38ca4bfaebfacabb9e39fa8aaa4beb9bfb48dabacace3aaa2bb">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Direct Final Rule
III. Authority for This Rulemaking
IV. Discussion of the Direct Final Rule
A. Background and Purpose of Regulatory Action
B. Implementation of Section 556 of the FAA Reauthorization Act
of 2018
C. Other Part 47 Amendments
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, International Cooperation
VII. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations Frequently Used in This Document

Application--Aircraft Registration Application, AC Form 8050-1
Certificate--Certificate of Aircraft Registration, AC Form 8050-3
Registry--Civil Aviation Registry, FAA Aircraft Registration Branch
Renewal Form--Aircraft Registration Renewal Application, AC Form
8050-1B

I. Executive Summary

This rulemaking amends the duration of all Certificates of Aircraft
Registration (certificates) issued under part 47 of Title 14 of the
Code of Federal Regulations (14 CFR) from three years to seven years.
Aircraft owners will be required to confirm their registration
information and renew their certificate every seven years, unless an
event or circumstance necessitates a new registration being submitted
prior to the expiration of the certificate. Accordingly, this rule adds
a paragraph to Sec. 47.40 to require aircraft owners to submit new
registration forms to update their certificates prior to the seven-year
expiration date if the Administrator determines that their registration
information is inaccurate. These amendments apply to initial and
renewed certificates in accordance with Sec. 47.40(b) and (c).
The FAA is also revising 14 CFR 47.31(c)(1) to remove the
requirement that the FAA issue a letter extending the temporary
authority for an aircraft to operate when a certificate of aircraft
registration has not been issued or denied within 90 days after the
date the application was signed.
The FAA is also removing expired regulations pertaining to the re-
registration requirement detailed in Sec. 47.40(a) and references to
re-registration in Sec. Sec. 47.15(i)(1) and 47.17(a)(7). The re-
registration regulations became obsolete January 1, 2014.

II. Direct Final Rule

An agency typically uses direct final rulemaking when it
anticipates the rule will be noncontroversial and the agency believes
it will not receive any adverse comments, and thus finds that a notice
of proposed rulemaking is unnecessary.\1\ The FAA has determined that
this rule is suitable for direct final rulemaking. This rule alleviates
burdens from owners of all aircraft registered in the United States by
extending the period of registration from three years to seven years.
It also alleviates burdens for owners of aircraft registered in the
United States by removing the requirement that the FAA issue a letter
extending the validity of aircraft registration. This rule also amends
certain part 47 regulations related to agency practice and procedure,
and removes requirements that have expired. The FAA has determined that
this rule is suitable for direct final rulemaking as these changes are
noncontroversial and the FAA does not anticipate receiving adverse
comments.
---------------------------------------------------------------------------

\1\ 14 CFR 11.15; General Rulemaking Procedures final rule, 65
FR 50849 at 50855-56 (Aug. 21, 2000).
---------------------------------------------------------------------------

The FAA acknowledges that Section 556 of Public Law 115-254
specifically contemplates issuance of a notice of proposed rulemaking
(NPRM); however, this direct final rule meets the intent of Section 556
because the agency is providing notice and seeking comment prior to
effectuating changes to the regulation.\2\ Further, if the agency
receives any substantive adverse comments, it would treat this rule as
an NPRM or revise this rule prior to issuance of another direct final
rule.
---------------------------------------------------------------------------

\2\ See Adoption of Recommendations, 60 FR 43109, 43110-43111
(Aug. 18, 1995) (describing Administrative Conference of the United
States, Recommendation 95-4, Procedures for Noncontroversial and
Expedited Rulemaking).
---------------------------------------------------------------------------

For purposes of this direct final rule, an adverse comment is one
that explains (1) why the rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the direct
final rule will be ineffective or unacceptable without a change.\3\ In
determining whether an adverse comment necessitates withdrawal of this
direct final rule, the

[[Page 71212]]

FAA will consider whether the comment raises an issue serious enough to
warrant a substantive response had it been submitted in response to
publication of an NPRM. A comment recommending additional provisions to
the rule will not be considered adverse unless the comment explains how
this direct final rule would be ineffective without the added
provisions.\4\
---------------------------------------------------------------------------

\3\ 14 CFR 11.31(a).
\4\ 14 CFR 11.31(a)(1).
---------------------------------------------------------------------------

Under the direct final rule process, the FAA does not consider a
comment to be adverse if that comment recommends an amendment to a
different regulation beyond the regulation(s) in the direct final rule
at issue. The FAA also does not consider a frivolous or insubstantial
comment to be adverse.\5\
---------------------------------------------------------------------------

\5\ 14 CFR 11.31(a)(1) and (2).
---------------------------------------------------------------------------

If the FAA receives an adverse comment during the comment period,
the FAA will advise the public by publishing a document in the Federal
Register before the effective date of the direct 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.\6\
---------------------------------------------------------------------------

\6\ 14 CFR 11.31(c).
---------------------------------------------------------------------------

If the FAA receives no adverse comments, the FAA will publish a
confirmation notice in the Federal Register, generally within 15 days
after the comment period closes. The confirmation notice announces the
effective date of the rule.\7\
---------------------------------------------------------------------------

\7\ 14 CFR 11.31(b).
---------------------------------------------------------------------------

III. Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code (49 U.S.C.). Section 106 of 49
U.S.C. describes the authority of the FAA Administrator. Subtitle VII
of 49 U.S.C., Aviation Programs, describes in more detail the scope of
the agency's authority. This rule is also promulgated pursuant to 49
U.S.C. 44101-44106 and 44110-44113, which require aircraft to be
registered as a condition of operation and establish the requirements
for registration and registration processes. The Registry is
responsible for the registration and recordation of civil aircraft.
This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; and 49 U.S.C. 44701(a)(5), which
requires 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.
This rule is also promulgated under the specific authority
established in Sec. 556 of the FAA Reauthorization Act of 2018, Public
Law 115-254, in which Congress required the FAA to initiate rulemaking
to increase the duration of aircraft registrations for noncommercial
general aviation aircraft to seven years and in which Congress gave the
FAA the ability to require resubmission of aircraft registration
applications that contain inaccurate information.

IV. Discussion of the Direct Final Rule

A. Background and Purpose of Regulatory Action

The Civil Aviation Registry, FAA Aircraft Registration Branch
(Registry) is responsible for developing, maintaining, and operating
the federal registration and recordation system for United States civil
aircraft.
On July 20, 2010, the FAA published the Re-Registration and Renewal
of Aircraft Registration final rule (Re-Registration Rule),\8\ which
became effective October 1, 2010. The Re-Registration Rule established
the current three-year duration for aircraft registrations. Prior to
the Re-Registration Rule, aircraft registrations were of indefinite
duration, which made it difficult for the FAA to maintain accurate
aircraft registration information. While there was a requirement for
aircraft owners to keep their registration up-to-date, the FAA found
that many aircraft owners failed to update their registration
information. Adopting the three-year duration for certificates created
a regular process for aircraft owners to update their registration
information. As explained in the Re-Registration Rule, the three-year
duration for certificates was found at the time to provide the best
balance between cost and improved accuracy of registration information.
---------------------------------------------------------------------------

\8\ 75 FR 41968.
---------------------------------------------------------------------------

The first phase of the Re-Registration Rule required each aircraft
owner to re-register the aircraft within the specified six-month time
period. The second phase of the Re-Registration Rule is the current
renewal process. Each aircraft owner must submit a complete Renewal
Form prior to the expiration of the current certificate to maintain
registration. An aircraft registration not renewed prior to the
expiration of its current certificate is subject to cancellation. The
Re-Registration Rule responded to the concerns of law enforcement and
other government agencies related to accurate, up-to-date aircraft
registration information without placing an undue burden on aircraft
owners.
Section 556 of the FAA Reauthorization Act of 2018 \9\ mandated the
FAA initiate rulemaking to increase the duration of aircraft
registrations for noncommercial general aviation aircraft to 7 years.
However, as discussed in the analysis that follows, the FAA cannot
distinguish between commercial and noncommercial general aviation
aircraft, as that determination is dependent upon the operations being
conducted by general aviation aircraft. Consequently, it is
impracticable to have different durations for commercial and
noncommercial general aviation aircraft registrations. Therefore, the
FAA is extending the registration duration for all aircraft to 7 years.
---------------------------------------------------------------------------

\9\ Public Law 115-254.
---------------------------------------------------------------------------

B. Implementation of Section 556 of the FAA Reauthorization Act of 2018

This action implements Section 556. Currently, an initial
registration expires three years after the last day of the month it is
issued.\10\ A renewal certificate currently expires three years from
the expiration of the previous certificate.\11\
---------------------------------------------------------------------------

\10\ The term ``initial registration'' refers to the certificate
issued in accordance with 14 CFR 47.31.
\11\ The term ``renewal'' refers to the periodic registration
renewal required for any aircraft that has a certificate with an
expiration.
---------------------------------------------------------------------------

The FAA is amending the certificate duration period to seven years
for all aircraft. The FAA does not possess a list of noncommercial
general aviation aircraft. Moreover, an aircraft may operate as
noncommercial general aviation on one flight and commercial aviation on
another flight. Therefore, this rulemaking benefits all aircraft owners
by lessening the burden and cost of renewing aircraft registration and
aligning all aircraft registrations with the requirement set forth by
Congress. Additionally, as discussed further in the regulatory
evaluation section, the FAA determined that extending registration for
only noncommercial general aviation aircraft would not be cost
beneficial because there are no quantifiable or monetized benefits of
not also extending the duration of certificates of commercial aircraft.
Therefore, the FAA revises Sec. 47.40(b) and (c) to increase the
duration of aircraft registration to seven years. The initial
registration certificate will expire seven years after the last day of
the month in which it is issued. The

[[Page 71213]]

renewal will expire seven years after the last day of the month in
which it is issued. This amendment will apply to all new Certificates
of Aircraft Registration issued after the effective date of this rule
and Certificates of Aircraft Registration valid on the date this rule
becomes effective. The duration of new registrations issued after the
effective date of this direct final rule will be seven years from the
date of registration; valid registrations in effect on the date of this
direct final rule will be extended such that the total term of
registration will be seven years from the date of issuance of the
currently valid renewal, notwithstanding the expiration date on the
Certificate of Aircraft Registration. See Table 1.

Table 1--Expiration Dates for Certificates of Aircraft Registration in
Effect on the Effective Date of the Direct Final Rule
------------------------------------------------------------------------
If the certificate was issued in--
The certificate expires in--
------------------------------------------------------------------------
2019 2026
2020 2027
2021 2028
2022 2029
2023 2030
------------------------------------------------------------------------

Additionally, the FAA is updating Sec. 47.40 to include paragraph
(c), which allows the Administrator to require an aircraft owner to
submit a registration form and fee to update a registration at any time
prior to the expiration date of the certificate if the information
provided to the Registry is found to be inaccurate. This requirement is
consistent with section 556(b) of the FAA Reauthorization Act of 2018,
which requires the FAA to consider any events or circumstances that may
necessitate renewal before the registration expiration.
The Registry has previously encountered instances where the FAA has
determined that Certificates of Aircraft Registration contain
inaccurate information. However, because part 47 does not currently
contain a provision allowing the FAA to require a new registration or
early renewal, the FAA has had difficulty correcting the inaccurate
information. Due to the extension in duration of registration
certificate, the FAA also anticipates that registration information may
need to be updated more frequently, as supported by Congress's
inclusion of the requirement in section 556(b). This amendment enables
timely provision of accurate aircraft registration information.

C. Other Part 47 Amendments

The FAA is making several other amendments to 14 CFR part 47.
First, the FAA is revising 14 CFR 47.31(c)(1) by removing the time
limit within which the FAA must either issue a letter extending the
temporary authority to continue to operate or deny the application.
Section 47.31(c)(2) provides a 12-month overall limit on such temporary
authority. Therefore, the FAA finds the requirement to issue this
separate letter unnecessary and is removing this requirement.
Second, the FAA is removing references to the Re-Registration
program, which expired on January 1, 2014. This will include removing
Sec. 47.40(a) and revising Sec. 47.17(a)(7) to delete the word ``re-
registration.'' The Re-Registration Rule was intended to clean up
aircraft records and issue certificates with a three-year expiration
date. Registered owners desiring to continue registration were required
to re-register their aircraft within the established schedule. The Re-
Registration process ended December 31, 2013.
Third, the FAA also makes corresponding and technical revisions to
Sec. 47.61(c).

V. Regulatory Notices and Analyses

Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble provides the FAA's regulatory
evaluation of the economic impacts of this NPRM.
In conducting these analyses, the FAA has determined that this
rule: (1) would result in net cost savings; (2) will impose no new
costs to aircraft owners and the public without any reduction to
airline safety; (3) is not an economically ``significant regulatory
action'' under section 3(f) of Executive Order 12866; (4) will not have
a substantial economic impact on a significant number of small
entities; (5) will not create unnecessary obstacles to the foreign
commerce of the United States; and (6) will not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector by exceeding the threshold identified above.

A. Regulatory Evaluation

1. Need for Regulatory Action
Section 556 of the FAA Reauthorization Act of 2018 directed the FAA
to increase the duration of a certificate for noncommercial general
aviation aircraft from three years to seven years. However, the FAA
promulgates this rulemaking to modify the duration of a certificate for
all registered aircraft, including commercial aircraft, instead of only
noncommercial general aviation aircraft. Distinguishing commercial
aircraft from noncommercial aircraft within the Registry is impractical
and, therefore, not cost-justified. Additionally, the FAA did not
identify quantifiable or monetized benefits of not extending the
duration of certificates of commercial aircraft.
While the rule will reduce revenues to the FAA, it will provide
private benefits in terms of cost savings to commercial and
noncommercial general aviation aircraft owners.
2. Regulatory Alternatives
The FAA considered the following regulatory alternative for this
rulemaking:
Extend the Duration of a Certificate to 7 Years for Only Noncommercial
Aircraft
The FAA was directed to provide relief to noncommercial general
aviation aircraft owners by extending the current three-year duration
of a certificate to a seven-year duration. However, after reviewing all
the potential costs to multiple FAA programs in identifying the
commercial aircraft within the Registry and separating them from
noncommercial general aviation aircraft, the FAA did not find the
congressionally mandated alternative as cost beneficial as there are no

[[Page 71214]]

quantifiable or monetized benefits of not extending the duration of
certificates of commercial aircraft.
3. Baseline Conditions
The Registry collects the information necessary to establish and
maintain the record for all United States civil aircraft. The aircraft
record consists of three distinct elements: information about the
registered owner of the aircraft, information about recorded aircraft
security interests, and information concerning the airworthiness of the
aircraft. In addition to the aircraft record, the Registry maintains
certain ancillary files that contain related information maintained in
support of registration and recordation.
The aircraft registration application requires information on the
aircraft, including the registration number, manufacturer and model,
and serial number. The aircraft record collected by the application
does contain certain elements of personally identifiable information
(PII), although generally, the PII collected is not sensitive in
nature. PII collected includes registered owner name(s), aircraft
identifiers, mailing address, email address,\12\ and telephone numbers.
The Registry does not ask the registered owners the nature or purpose
of the aircraft operations, such as whether the aircraft will be used
for commercial operations, noncommercial operations (e.g., recreational
or hobby), or a combination of both.
---------------------------------------------------------------------------

\12\ Email addresses will be collected on the next revision to
the Application and Renewal Forms.
---------------------------------------------------------------------------

After a six-year rulemaking effort, the Re-Registration and Renewal
program was implemented on October 1, 2010. The goal of the program was
to develop a process that would achieve a level of registration data
reliability to meet the current and evolving needs of users of the
Registry. With the implementation of 14 CFR 47.40, aircraft owners who
intended to maintain their registration were required to re-register
their aircraft by December 31, 2013. Beginning October 1, 2010, all
certificates issued expire 3 years from the date of issuance, but were
renewable for successive three-year terms if there was no change in the
ownership status of the aircraft.
Since re-registration ended on December 31, 2013, two three-year
renewal cycles have taken place. The most current Aircraft Registration
Information Collection Request (ICR 2120-0042), which expires on March
31, 2024, provides details of Registry records, including the annual
numbers for ``Applications'' (74,443), ``Renewal Form (paper)''
(20,053), and ``Renewal Form (electronic)'' (55,919), along with forms
that provide evidence of ownership, security agreement and flight hours
report, such as AC Forms 8050-2, 8050-4, 8050-88, 8050-88A, 8050-98,
and 8050-117.
The supporting statement for ICR 2120-0042 shows 75,972 renewals
annually, including 55,919 electronic renewals and 20,053 paper
renewals, based on workload statistics from FY 2019.\13\ A total of
235,304 aircraft had their registration renewed during the last three
fiscal years, including 75,972 in FY 2019, 83,711 in FY 2020, and
75,621 in FY 2021. Based on these three fiscal years' registration
figures, the FAA estimates approximately 78,435 (=235,304/3) aircraft
registration renewals each year. This estimate includes all aircraft,
commercial and noncommercial.
---------------------------------------------------------------------------

\13\ <a href="https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202005-2120-001">https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202005-2120-001</a>.
---------------------------------------------------------------------------

4. Key Assumptions, Data Sources and Uncertainties
The FAA used the following assumptions and data sources:
a. Aircraft Registry, ICR 2120-0042, FAA Forecast of General Aviation
Aircraft (2021-2041)
The FAA based its analysis of the rule primarily on data stored in
the Aircraft Registration Database (`Registry Database') and ICR 2120-
0042.\14\
---------------------------------------------------------------------------

\14\ General information about FAA's Aircraft Registry can be
found here: <a href="http://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/">http://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/</a>.
Information Collection 2120-0042 documentation is last accessed
February 4, 2020 on the following web page of Office of Information
and Regulatory Affairs (OIRA) at the Office of Management and Budget
(OMB): <a href="https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2120-0042">https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2120-0042</a>.
---------------------------------------------------------------------------

b. Period of Analysis
The FAA used a 21-year period of analysis, or three seven-year
renewal cycles, to show the full impacts of the rule starting from the
effective date of this rule.\15\
---------------------------------------------------------------------------

\15\ 21-year period of analysis should not be construed as if it
will take the entire period of 21 years for the rule to take effect
on affected aircraft and their owners. The rule will take effect as
of the date shown above in the preamble and will immediately extend
the 3-year length of existing aircraft registrations to 7-year.
---------------------------------------------------------------------------

c. Affected Aircraft
As discussed and explained in the Baseline Conditions above, the
FAA estimated that approximately 78,435 aircraft registrations would be
renewed each year using the FY 2019 through FY 2021 statistics on
renewals using both electronic and paper versions of the Renewal Forms.
The FAA Aerospace Forecasts provide detailed forecast for the next
twenty years (2021-2041) for all classes of aircraft. General Aviation
aircraft make up the majority of aircraft that will be affected by the
rule. For 2020, the FAA estimated there are 204,980 General Aviation
aircraft, a total that is forecasted to increase slightly to 208,790 at
the end of the forecast period in 2041.\16\ Other categories of
aircraft that need to register with the Aircraft Registry are passenger
jets, cargo jets, and regional carriers. When all these aircraft are
included, the FAA estimated 211,248 aircraft (General Aviation,
Passenger Jets, Cargo Jets and Regional Carriers, all combined) for
2020. The FAA forecasted a total of 211,606 aircraft for this group of
aircraft. The forecast figure is virtually unchanged from the current
inventory of aircraft. Therefore, we assumed that the growth rate for
the Aircraft Registry throughout the 21-year period of analysis would
be zero, meaning the total number of aircraft in the Aircraft Registry
would be unchanged.\17\
---------------------------------------------------------------------------

\16\ Appendix C: Forecast Tables provide the details of each
class of aircraft including General Aviation, Passenger Jets, Cargo
Jets and Regional Carriers <a href="https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/Appendix_C_Forecast_Tables.pdf">https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/Appendix_C_Forecast_Tables.pdf</a>.
\17\ The FAA recognizes the potential of proposed unmanned air
taxis and delivery drones that would need to be registered with the
FAA's Registry. However, the number of these unmanned aircraft
cannot be forecasted and included in this regulatory analysis.
---------------------------------------------------------------------------

d. Uncertainties
The 2010 registry database showed a total number of 360,055
registered aircraft. As of December 31, 2020, the total number of
registered aircraft was 286,989, a decrease of 73,066 aircraft that
were de-registered in ten years, which included three 3-year renewal
cycles. This significant drop of 20 percent is mainly attributed to the
Re-Registration Rule that began in October 2010.\18\
---------------------------------------------------------------------------

\18\ The Re-Registration Rule gave the FAA the ability to remove
aircraft from the FAA's registry database that no longer met
registry requirements.
---------------------------------------------------------------------------

The total number of aircraft captured in the Aircraft Registry may
continue to decline based on the current trends the FAA has observed.
However, the FAA cannot determine or predict with any certainty how
many aircraft will be de-registered in the coming renewal cycles.
Therefore, we used the average of registration data from the last three
fiscal years (FY 19 through FY 21) for the current total inventory of
registered aircraft: 235,304.

[[Page 71215]]

5. Cost Savings
The FAA is changing the duration of an aircraft registration
certificate from the current three-year cycle to a seven-year cycle.
This change would result in cost savings to aircraft owners. The FAA
did not identify or assess any other impacts for this rule.
Using the baseline total number of 235,304 aircraft that renewed
their registration over the last three-year cycle, the FAA calculated
an annual average of 78,435 aircraft owners to renew their aircraft's
registration by using either electronic or paper Renewal Form.\19\
---------------------------------------------------------------------------

\19\ The FAA recognizes that with the current registration and
renewal cycle being three years, the bulk of renewals will occur
during the first three years of the first seven-year cycle. Renewals
in years 4 through 7 are likely to be significantly less for a few
cycles. Renewals for years 4 through 7 will result from registering
expired aircraft, registering new aircraft, and changes in ownership
that result in a new registration. However, for the sake of
simplicity of our cost estimation, we assumed that average annual
renewals to stabilize around that annual average figure (78,435) in
the second and third seven-year renewal cycles, albeit this assumed
annual average is likely to be reached in the third seven-year
cycle.
---------------------------------------------------------------------------

The supporting statement for ICR 2120-0042 from March 26, 2021,
estimated 30 minutes (0.5 hours) to fill out the Renewal Form (either
electronic or paper).
The FAA calculates an average of 39,217.5 annual burden hours (.5
hours x 78,435 renewals) for aircraft owners or their representatives
to renew their aircraft registrations. Using a $25 per hour wage for a
title search clerk/legal assistant, as published in the latest ICR
2120-0042 Supporting Statement, the FAA estimates the baseline current
annual burden for aircraft owners would be $1,372,613 [($5 application
fee + $12.5 labor cost \20\) x 78,435 renewals], with $980,433
representing baseline opportunity costs associated with registration
time and $392,175 representing baseline fees collected, which are
considered baseline transfer payments from the private sector to
government.
---------------------------------------------------------------------------

\20\ $25 per hour wage rate multiplied by 30 minutes, or 0.5
hour, is $12.50 as labor cost of renewing an aircraft registration.
---------------------------------------------------------------------------

With this rule changing the duration of each certificate to seven
years and the current inventory of aircraft in the Registry remaining
the same at 235,304 throughout the 21-year period of analysis, the FAA
estimates the average annual renewal applications to decrease to 33,615
(=thnsp;235,304/7). Using the same assumptions for application fee and
wage rate, the annual burden for aircraft owners would be $588,262 [($5
application fee + $12.5 labor cost) x 33,615], with $ 420,187
representing the new opportunity cost associated with registration and
$168,075 representing the new fees (or transfers) paid under this rule.
This will result in annual private cost savings of $784,344
(undiscounted) to the aircraft owners.
The social cost savings attributable to this rule would be the
difference in opportunity cost associated with time spent on
registration. Note that the differences in total registration fees paid
and collected are considered transfers with no net change in social
costs or benefits. Based on the calculations as discussed earlier, the
annual undiscounted cost savings of this rule would be equal to
$560,246 ($980,433-$420,188). Over a 21-year period of analysis, the
FAA estimates that the total undiscounted cost savings of this rule
would be $11,765,162. At 7 percent and 3 percent discount rates, the
net present value of those cost savings would be $6,070,559 and
$8,636,203, respectively. Annualized cost savings would be $523,594 and
$543,928 at 7 percent and 3 percent discount rates, respectively.
6. Costs
The FAA did not identify any incremental costs or burden to the
235,304 aircraft owners that would be affected by this rule. The FAA
determined that there would be neither a reduction in public safety nor
an increase in costs to the public.
7. Distributional Effects
As discussed previously, with the increase in the duration of
aircraft registration from 3 to 7 years, there would be a decrease in
registration fees paid by aircraft owners, which would reduce FAA's
revenues. Over a 21-year period, this amount is $4,706,065
(undiscounted), and its net present value is $209,438 and $217,571 (at
7 percent and 3 percent discount rates, respectively).

B. Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration. The RFA covers a wide range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination.
The FAA expects the economic impact of this rule on a small entity
will be small. The rule will provide relief to small entity aircraft
owners in terms of a small reduction in labor costs and registration
fees per aircraft due to a longer duration for the certificate they
hold for their aircraft from the current 3-year to the 7-year
expiration of an aircraft registration certificate. Therefore, the FAA
has determined this rule will not impose a significant economic impact
on a substantial number of small entities.

C. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this rule and
determined that it ensures the safety of the American public and does
not exclude imports that meet this objective. As a result, this rule is
not considered as creating an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4)

[[Page 71216]]

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 $164 million in lieu of $100 million. This
rule does not contain such a mandate; therefore, the requirements of
Title II of the Act do not apply.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(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.
OMB Control Number 2120-0042 is revised to reflect the reduced
number of respondents, annual burden hours, and monetized costs and has
been submitted to OMB for review.
Summary: The FAA amends 14 CFR part 47, Sec. 47.40, requiring
aircraft registration be renewed seven years after the issuance of the
certificate and every seven years thereafter, as long as ownership is
not transferred or the registration has been canceled. Information from
the Renewal Form is used to update registration information in the
Registry's database.
Use: This information collection supports the Department of
Transportation's strategic goals on safety and security. The
information collected is necessary to obtain a certificate.
49 U.S.C. 44101(a) provides that a person may operate an aircraft
only when it is registered under section 44013.
Prior to adoption of this direct final rule, the certificate has a
3-year expiration date. If registration is to continue, each aircraft
owner must apply for renewal by completing and submitting a Renewal
Form with appropriate fee prior to the expiration date on the
certificate. The owner verifies the existing registration information
and reports any changes. The Registry uses this information to update
aircraft ownership information and places the form in the record. This
rule reduces the current requirement for renewal from once every three
years to once every seven years. This rule reduces the information
collected to support the Registry's database.
Respondents: The likely respondents to this information requirement
are aircraft owners who want to continue registration past the
expiration date on their certificate. The FAA estimates the number of
registration renewals would be 33,615 annually; however, the number of
aircraft owners affected may vary depending upon the type of
registration (e.g., individual, partnership, co-ownership, etc.).
Currently, the average number of renewals is estimated at 78,435
(dividing by 3, the frequency of years in which aircraft owners are
required to renew registration the total number of renewals, 235,304
(75,972 + 83,711 + 75,621) using FY19, FY20 and FY21 data.
Frequency: The FAA estimates that there would be 33,615
registration renewal forms completed annually over the 21-year period
of analysis used for this rule. This is based on the current estimate
of 235,304 active registered aircraft, calculated using the total
number of registered aircraft from FY 2019 through FY 2021.
Annual Burden Estimate: Over 21 years, the FAA estimates an average
of 33,615 Renewal Forms (either electronic or paper) would need to be
completed each year. The time to complete the Renewal Form is estimated
at 30 minutes. Therefore, 16,808 hours would be spent annually
completing the required form. Currently, the FAA estimates an average
of 39,217 annual burden hours. As described in the preliminary
Regulatory Evaluation, the FAA estimates the hourly rate of an aircraft
owner's or its representative's (title search or legal clerk) time at
$25 per hour in 2020 dollars. The current average annual cost of
completing 78,435 renewal forms, spending 39,217 hours, is
approximately $980,433. On the other hand, the average cost per year to
aircraft owners of renewing registration every 7 years would be
$420,200 (16,808 hours multiplied by $25/hour). In addition, aircraft
owners would pay a total of $168,075 to the FAA to register their
aircraft ($5 fee multiplied by 33,615). The total annual burden to
aircraft owners, including time to fill out the Renewal Form and $5
registration fee, would be $588,275.
The agency is soliciting comments to--
(1) 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;
(2) Evaluate the accuracy of the agency's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by December 22, 2022. 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 20053.

F. International Compatibility

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 this rule.
Further, ICAO Standards set forth a model registration certificate.
The FAA's certificate will exceed the standard in that model because
the certificate will still include an expiration date.

G. Environmental Analysis

FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 for regulations and involves no
extraordinary circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. The FAA has determined that this
action would not have a substantial direct effect on the

[[Page 71217]]

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, will not have federalism
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

The FAA analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The agency has determined that it will not be a
``significant energy action'' under the executive order and will not be
likely to have a significant adverse effect on the supply,
distribution, or use of energy.

C. Executive Order 13609, International Cooperation

Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action will have no
effect on international regulatory cooperation.

VII. Additional Information

A. Comments Invited

The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The most
helpful comments reference a specific portion of the rule, 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 acting on this rulemaking,
the FAA will consider all comments it receives on or before the closing
date for comments. The agency may change this rule in light of the
comments it receives.

B. 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 direct final rule 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 direct final rule, 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 direct
final rule. Submissions containing CBI should be sent to the person 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.

C. Electronic Access and Filing

A copy of this direct final rule, all comments received, any
confirmation document, and all background material may be viewed online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed above. A
copy of this direct final 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 <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A
copy may also be found on the FAA's Regulations and Policies website at
<a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
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.
Interested persons must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed in the
electronic docket for this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit <a href="https://www.faa.gov/regulations_policies/rulemaking/sbre_act/">https://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.

List of Subjects in 14 CFR Part 47

Aircraft, Reporting, and recordkeeping requirements.

The Amendment

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

PART 47--AIRCRAFT REGISTRATION

0
1. The authority citation for part 47 is revised to read as follows:

Authority: 4 U.S.T. 1830; Pub. L. 115-254, Pub. L. 108-297, 118
Stat. 1095 (49 U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C.
106(f), 106(g), 40113-40114, 44101-44108, 44110-44113, 44703-44704,
44713, 45302, 46104, 46301.

Sec. 47.15 [Amended]

0
2. Amend Sec. 47.15 by removing paragraph (i)(1) and redesignating
paragraphs (i)(2) through (i)(4) as paragraphs (i)(1) through (i)(3).

0
3. Amend Sec. 47.17 by revising paragraph (a) to read as follows.

Sec. 47.17 Fees.

(a) The fees for applications under this part are as follows:

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

------------------------------------------------------------------------
(1) Certificate of Aircraft Registration (each aircraft)........ $5.00
(2) Dealer's Aircraft Registration Certificate.................. 10.00
(3) Additional Dealer's Aircraft Registration Certificate 2.00
(issued to same dealer)........................................
(4) Special registration number (each number)................... 10.00
(5) To change, reassign, or reserve a registration number....... 10.00
(6) Replacement Certificate of Aircraft Registration............ 2.00
(7) Renewal Certificate of Aircraft Registration................ 5.00
------------------------------------------------------------------------

* * * * *

0
4. Amend Sec. 47.31 by revising paragraph (c)(1) to read as follows:

Sec. 47.31 Application.

* * * * *
(c) * * *
(1) This temporary authority is valid for operation within the
United States until the date the applicant receives the Certificate of
Aircraft Registration or until the date, the FAA denies the

[[Page 71218]]

application, or as provided by paragraph (c)(2) of this section.
* * * * *

0
5. Revise Sec. 47.40 to read as follows:

Sec. 47.40 Registration expiration and renewal.

(a) Initial Registration. A Certificate of Aircraft Registration
issued in accordance with Sec. 47.31 expires seven years after the
last day of the month in which it is issued.
(b) Renewal. Each holder of a Certificate of Aircraft Registration,
AC Form 8050-3, containing an expiration date may apply for renewal of
a Certificate of Aircraft Registration by submitting an Aircraft
Registration Renewal Application, AC Form 8050-1B, and the fee required
by Sec. 47.17 during the six months preceding the expiration date for
the Certificate of Aircraft Registration.
(1) A Certificate of Aircraft Registration issued under this
paragraph after January 23, 2023 expires seven years after the last day
of the month in which it was issued.
(2) A Certificate of Aircraft Registration that is in effect on
January 23, 2023 expires seven years after the last day of the month in
which it is issued, notwithstanding the expiration date on the valid
Certificate of Aircraft Registration.
(c) Inaccurate Information. The Administrator may require the owner
of a registered aircraft to submit a complete Aircraft Registration
Application, AC Form 8050-1, and fee prior to the expiration date if
the Administrator finds that the Certificate of Aircraft Registration
contains inaccurate information.

0
6. Amend Sec. 47.61 by revising paragraph (c) to read as follows:

Sec. 47.61 Dealer's Aircraft Registration Certificates.

* * * * *
(c) If a Dealer's Aircraft Registration Certificate for an aircraft
registered under this subpart expires in accordance with Sec. 47.71,
the aircraft owner must submit an application for aircraft registration
in accordance with Sec. 47.31 or the assignment of registration number
will be canceled in accordance with Sec. 47.15(i)(2).

Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on or about November 16, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-25289 Filed 11-21-22; 8:45 am]
BILLING CODE 4910-13-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on November 22, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.