Proposed Rule2023-17598
Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges
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
August 17, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the comment period for the notice of proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges. On June 23, 2023, the Federal Aviation Administration (FAA) published this proposed rule. The NPRM proposed to allow pilots conducting public aircraft operations (PAO) to credit their flight time towards FAA civil regulatory requirements. Additionally, the FAA proposed to amend the operating rules for experimental aircraft to permit certain flight training, testing, and checking in these aircraft without a letter of deviation authority (LODA). The FAA proposed to extend the same relief to certain flight training, testing, and checking in limited category, primary category, and experimental light sport aircraft. The FAA also proposed miscellaneous amendments related to recent flight experience, flight instructor privileges, flight training in certain aircraft holding special airworthiness certificates, and the related prohibitions on conducting these activities for compensation or hire. The FAA is extending the comment period for this NPRM to allow commenters additional time to analyze the proposed rule and prepare a response.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55959-55961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17598]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 91
[Docket No. FAA-2023-1351; Notice No. 23-09B]
RIN 2120-AL61
Public Aircraft Logging of Flight Time, Training in Certain
Aircraft Holding Special Airworthiness Certificates, and Flight
Instructor Privileges
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
-----------------------------------------------------------------------
SUMMARY: This action extends the comment period for the notice of
proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time,
Training in Certain Aircraft Holding Special Airworthiness
Certificates, and Flight Instructor Privileges. On June 23, 2023, the
Federal Aviation Administration (FAA) published this proposed rule. The
NPRM proposed to allow pilots conducting public aircraft operations
(PAO) to credit their flight time towards FAA civil regulatory
requirements. Additionally, the FAA proposed to amend the operating
rules for experimental aircraft to permit certain flight training,
testing, and checking in these aircraft without a letter of deviation
authority (LODA). The FAA proposed to extend the same relief to certain
flight training, testing, and checking in limited category, primary
category, and experimental light sport aircraft. The FAA also proposed
miscellaneous amendments related to recent flight experience, flight
instructor privileges, flight training in certain aircraft holding
special airworthiness certificates, and the related prohibitions on
conducting these activities for compensation or hire. The FAA is
extending the comment period for this NPRM to allow commenters
additional time to analyze the proposed rule and prepare a response.
DATES: The comment period for the NPRM published June 23, 2023 at 88 FR
41194 and scheduled to close on August 22, 2023, is extended until
September 21, 2023.
ADDRESSES: Send comments identified by docket number FAA-2023-1351
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">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.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
[[Page 55960]]
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: Jabari Raphael, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591; (202)
267-1088; email <a href="/cdn-cgi/l/email-protection#f4be959695869ddaa695849c959198b4929595da939b82"><span class="__cf_email__" data-cfemail="2369424142514a0d7142534b42464f634542420d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
On June 23, 2023, the FAA published the NPRM Public Aircraft
Logging of Flight Time, Training in Certain Aircraft Holding Special
Airworthiness Certificates, and Flight Instructor Privileges.\1\ As
directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L.
115-254), the FAA proposed to allow pilots conducting public aircraft
operations (PAO) under Title 49 of the United States Code (U.S.C.)
40102(a)(41) and 40125 to credit their flight time towards FAA civil
regulatory requirements. While section 517 requires the FAA to issue
regulations to allow the logging of flight time in aircraft used in PAO
under direct operational control of forestry and fire protection
agencies, the FAA proposed to more broadly consider all PAO for flight
time. Moreover, the FAA proposed to expand the regulatory framework to
allow pilots serving in PAO as second in command to log flight time,
under certain circumstances. Enabling pilots to log second-in-command
(SIC) time while operating a PAO encourages the use of a second pilot
where one may not be required and increases overall safety in the
National Airspace System (NAS).
---------------------------------------------------------------------------
\1\ 88 FR 41194, corrected at 88 FR 44744.
---------------------------------------------------------------------------
The FAA also proposed to clarify recent flight experience
requirements and the authorized flight training activities under part
61. The FAA proposed to add Sec. 61.57(e)(5) to codify an exception
that, in certain circumstances, would enable a person receiving flight
training to act as pilot-in-command (PIC), even if that person does not
meet the recent flight experience requirements for carrying passengers
under Sec. 61.57(a) or (b). Additionally, the FAA proposed to add
``maintaining or improving skills for certificated pilots'' to the list
of flight instructor privileges found in Sec. Sec. 61.193(a)(7) and
61.413(a)(6) to clarify that flight instructors are authorized to
conduct certain specialized and elective training.
The proposed rule would also amend part 91 operating rules to
clarify prohibited operations and create limited exceptions to the
general prohibition on carriage of persons for compensation or hire for
flight training, testing, and checking in aircraft holding certain
special airworthiness certificates. Currently, part 91 regulations
broadly prohibit a person from operating certain aircraft with special
airworthiness certificates (i.e., limited category, experimental, or
primary category aircraft) \2\ carrying persons and property for
compensation or hire. These part 91 regulations use broad terms that
the FAA has defined either in regulation (i.e., operate, person) or
through interpretation and guidance (i.e., compensation). The broad
language in these regulations was the subject of recent litigation \3\
that identified a discrepancy between the plain language of the
regulation and the FAA's longstanding application of the regulation to
certain flight training activity. Therefore, the FAA initiated this
rulemaking to remove the requirement for owners (and certain persons
affiliated with owners) to obtain a LODA to accomplish flight training
in their aircraft and to clarify the general prohibition on operating
aircraft with certain special airworthiness certificates while carrying
persons or property for compensation or hire.
---------------------------------------------------------------------------
\2\ Section 21.175(b) identifies special airworthiness
certificates as primary, restricted, limited, light-sport, and
provisional airworthiness certificates, special flight permits, and
experimental certificates.
\3\ Warbird Adventures, Inc. v. Fed. Aviation Admin., Petition
for Review from an Emergency Cease and Desist Order Issued by the
Federal Aviation Administration on July 28, 2020, Doc. No. 1854466
(D.C. Cir. 2020).
---------------------------------------------------------------------------
During the development of this NPRM, the President signed into law
the James M. Inhofe National Defense Authorization Act for 2023 (2023
NDAA), which included a self-implementing provision that amended the
operating rules to permit certain flight training, testing, and
checking in experimental aircraft without a letter of deviation
authority (LODA). The FAA proposed to extend the same relief to certain
flight training, testing, and checking in limited category, primary
category, and experimental light sport aircraft. The FAA anticipates
that the proposed changes will provide greater access to specialized
training in aircraft with special airworthiness certificates.
II. Extension of Comment Period
Commenters were instructed to provide comments to the NPRM on or
before August 22, 2023 (i.e., sixty (60) days after publication of the
NPRM). Subsequently, the FAA received a request from the Experimental
Aircraft Association (EAA) to extend the comment period an additional
sixty (60) days.\4\ EAA noted that the proposed rule was published
during one of the busiest months of the year for many communities
affected by this NPRM, EAA, and other industry stakeholders with the
execution of and participation in EAA AirVenture Oshkosh. Additionally,
EAA noted this proposed rule was published concurrently with a number
of other notable FAA proposed rules that the industry and EAA community
have a vested interest in and will be submitting comments on. Given the
significant time commitments during the month of July, not only for EAA
but also for industry stakeholders, as well as the FAA release of other
important proposed rules during the same time frame, EAA requested a
60-day extension to the NPRM comment period.
---------------------------------------------------------------------------
\4\ FAA-2023-1351-0007.
---------------------------------------------------------------------------
The FAA grants the petitioner's request for an extension of the
comment period. The FAA recognizes the importance of the proposed rule
and that an extension would help commenters craft complete and
thoughtful responses. However, the FAA believes that an additional
thirty (30) days provides sufficient opportunity to review the NPRM and
provide comments. With this extension, the comment period will now
close on September 21, 2023. This will provide the public with a total
of ninety (90) days to conduct its review and submit comments to the
docket.
The FAA will not grant any additional requests to further extend
the comment period for this rulemaking.
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 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 submit only one time if comments
are filed electronically or commenters should send only one copy
[[Page 55961]]
of written comments if comments are filed in writing.
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 FAA may change this proposal in light
of the comments it receives.
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>.
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 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 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 notice of proposed rulemaking, all comments
received, any final rule, and all background material may be viewed
online at <a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. A
copy of this rulemaking 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="http://www.federalregister.gov">www.federalregister.gov</a> and the Government
Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be
found at the FAA's Regulations and Policies website at <a href="http://www.faa.gov/regulations_policies">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.
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.
IV. Extension of Comment Period
In accordance with Sec. 11.47(c) of title 14, Code of Federal
Regulations, the FAA has reviewed the petitions for extension of the
comment period for this notice. The petitioners have shown a
substantive interest in the proposed policy and good cause for the
extension of the comment period. The FAA has determined that an
extension of the comment period for an additional thirty (30) days to
September 21, 2023 is consistent with the public interest, and that
good cause exists for taking this action.
Accordingly, the comment period for Notice No. 23-09 is extended
until September 21, 2023.
Issued under authority provided by 49 U.S.C. 106(f), 44701-
44703, sec. 517 of Pub. L. 115-254, and sec. 5604 of Pub. L. 117-263
in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-17598 Filed 8-16-23; 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>Indexed from Federal Register on August 17, 2023.
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.