Rule2024-26935
Regulatory Updates to BasicMed
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 18, 2024
Effective
November 18, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This final rule implements, without interpretation, the provisions of sections 815 and 828 of the FAA Reauthorization Act of 2024 ("the Act"). To conform the FAA's regulations to the self- enacting provisions in the Act, this final rule amends certain regulations to: align aircraft conditions and limitations with the term "covered aircraft" as defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 to increase the number of allowable passengers from 5 to 6, increase the number of occupants from 6 to 7, and increase the maximum takeoff weight from 6,000 pounds to 12,500 pounds, while excluding certain transport category rotorcraft. This final rule facilitates updates to current standards the medical form a State-licensed physician uses in completing a comprehensive medical examination. Further, this final rule amends regulations to incorporate the statutory expansion of BasicMed medical eligibility to examiners conducting practical tests or proficiency checks if they meet the requirements for operating covered aircraft under BasicMed, as provided in the Act.
Full Text
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<title>Federal Register, Volume 89 Issue 222 (Monday, November 18, 2024)</title>
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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Rules and Regulations]
[Pages 90572-90578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26935]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 61, 68, and 91
[Docket No. FAA-2024-2580; Amdt. Nos. 11-70, 61-158, 68-3, and 91-380]
RIN 2120-AM06
Regulatory Updates to BasicMed
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule implements, without interpretation, the
provisions of sections 815 and 828 of the FAA Reauthorization Act of
2024 (``the Act''). To conform the FAA's regulations to the self-
enacting provisions in the Act, this final rule amends certain
regulations to: align aircraft conditions and limitations with the term
``covered aircraft'' as defined in section 2307(j) of the FAA
Extension, Safety, and Security Act of 2016 to increase the number of
allowable passengers from 5 to 6, increase the number of occupants from
6 to 7, and increase the maximum takeoff weight from 6,000 pounds to
12,500 pounds, while excluding certain transport category rotorcraft.
This final rule facilitates updates to current standards the medical
form a State-licensed physician uses in completing a comprehensive
medical examination. Further, this final rule amends regulations to
incorporate the statutory expansion of BasicMed medical eligibility to
examiners conducting practical tests or proficiency checks if they meet
the requirements for operating covered aircraft under BasicMed, as
provided in the Act.
DATES: This rule is effective on November 18, 2024.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Bradley C. Zeigler, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone: (202) 267-1100; email: <a href="/cdn-cgi/l/email-protection#c88abaa9aca4adb1e68be692ada1afa4adba88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="8ac8f8ebeee6eff3a4c9a4d0efe3ede6eff8caecebeba4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
On May 16, 2024, the President signed into law the FAA
Reauthorization Act of 2024 (Pub. L. 118-63) (``the Act''), impacting
certain requirements for BasicMed in section 815, BasicMed for
Examiners Administering Tests or Proficiency Checks, and section 828,
Expansion of BasicMed. Specifically, section 815 expanded the
privileges of BasicMed to examiners and section 828 amended provisions
in section 2307 of the FAA Extension, Safety, and Security Act of 2016
(49 U.S.C. 44703 note) (FESSA) directly applicable to BasicMed. The Act
also directed the Administrator of the FAA to implement the amendments
made in sections 815 and 828 through rulemaking. Section 828 further
provides that the Administrator of the FAA shall update regulations in
14 CFR parts 61 and 68 to implement the amendments made in the Act
(i.e., the updated statutory language in FESSA), and within 180 days of
the enactment, apply parts 61 and 68 to ensure that an individual may
operate as pilot in command of a covered aircraft if the provisions of
section 2307 of FESSA are met. The amendments to parts 61 and 68 in
this final rule align with the statutory charge set forth by section
828 \1\ in the following manner:
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\1\ See sec. 828(a).
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<bullet> Increase the number of allowable passengers from 5 to 6
and occupants from 6 to 7 for covered aircraft;
<bullet> Increase the maximum takeoff weight from 6,000 pounds to
12,500 pounds for covered aircraft;
<bullet> Clarify that calendar months will be used in determining
the duration of the comprehensive medical examination for those persons
acting as the pilot in command or as a required flightcrew member for
operations under Sec. 61.113(i);
<bullet> Specify that covered aircraft does not include transport
category rotorcraft certified to airworthiness standards under part 29;
and
<bullet> Clarify which versions of FAA Form 8500-8, Application for
Airman Medical Certificate, may be used to populate the questions in
the BasicMed Comprehensive Medical Examination Checklist.
Section 815, BasicMed For Examiners Administering Tests or
Proficiency Checks, provides that an examiner may administer a
practical test or proficiency check if such examiner meets the medical
eligibility requirements for BasicMed and the flight is conducted in a
covered aircraft.\2\ While the FAA finds the expansion to be self-
enacting, the section provided the FAA with three years to issue a
final rule updating the regulations, as well as any related
requirements the Administrator finds are in the interest of aviation
safety.\3\ This final rule will, therefore, update Sec. 61.23 to
permit persons performing the duties of an examiner to administer a
practical test or proficiency check without holding a medical
certificate issued under part 67, provided those persons meet the
requirements to operate under the conditions and limitations set forth
in Sec. 61.113(i).
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\2\ Sec. 815(a).
\3\ Sec. 815(b).
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Summary of the Costs and Benefits
There are no costs or benefits of this rule relative to the with-
statute baseline. This rule conforms FAA regulations to self-
implementing legislation in sections 815 and 828 of the FAA
Reauthorization Act of 2024. Under the updated Office of Management and
Budget (OMB) Circular A-4 guidance,\4\ an agency may use a with-statute
baseline for estimating costs and benefits for regulations that simply
restate statutory requirements in self-implementing legislation. Since
the rule does not deviate from the self-implementing statutory
provisions, there are no costs or benefits as measured against the
with-statute baseline.
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\4\ OMB Circular No. A-4 updated November 9, 2023, page 12.
Accessed September 30, 2024 at: <a href="https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf</a>.
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II. 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.). 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 final rule is promulgated under the authority described
in subtitle VII, part A, subpart iii, section 44701, General
Requirements; section 44702, Issuance of Certificates; and section
44703, Airman Certificates. Under these sections, the FAA is charged
with prescribing regulations and minimum standards for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. The FAA is also authorized to issue certificates,
including airman certificates and medical certificates, to qualified
individuals. This final rule is within the scope of that authority.
BasicMed provisions were originally promulgated under section 2307
of
[[Page 90573]]
Public Law 114-190, the FAA Extension, Safety and Security Act of 2016.
The requirements of this rule continue to be within that authority, as
well as under sections 815 and 828 of the FAA Reauthorization Act of
2024.
III. Good Cause for Immediate Adoption
The Administrative Procedure Act (5 U.S.C. 553(b)(B)) requires an
agency to conduct notice and comment rulemaking except when the agency
for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest. Additionally, section 553(d) permits agencies,
upon a finding of good cause, to issue rules with an effective date
less than 30 days from the date of publication. The FAA finds good
cause to forgo notice and opportunity for comment and the 30 days
notice requirement to implement the statutory amendments as a final
rule.
First, as it pertains to section 815, the FAA finds that notice and
the opportunity for comment to be unnecessary because the final rule
implements the statutory provisions without interpretation. The
declaratory provision of section 815(a) became effective on May 16,
2024, immediately upon passage of the Act. While section 815(b)
provided three years to conform the regulations with the self-enacting
provision, the FAA has simply adopted the statutory language without
interpretation and implements that language directly into the
regulations, rendering notice and the opportunity for comment
unnecessary.
Second, as it pertains to section 828, by effect of section 828(c),
which directs the Administrator to ``apply parts 61 and 68, Code of
Federal Regulations, in a manner reflecting the amendments made by this
section,'' the FAA must implement the provisions of section 828(a)
beginning 180 days after passage of the Act (i.e., November 12, 2024).
Notice and the opportunity for comment are unnecessary in this action
because the FAA is strictly implementing the amendments made to the
statutory provisions in section 2307 of FESSA without interpretation.
This rule conforms parts 61, 68, and 91 to the specific amended
provisions within the Act. Additionally, because the FAA is simply
amending the regulations to the language in section 2307 of FESSA, the
updated regulations do not impose any additional substantive
restrictions or requirements on the persons affected by these
regulations. Further, case law supports the concept that the FAA's
compliance to implement a rule by the statutorily prescribed deadline
of November 12, 2024, makes compliance with section 553 impracticable
and supports a finding of good cause to forgo notice and the
opportunity for comment.\5\
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\5\ Philadelphia Citizens in Action v. Schweiker, 669 F. 2d 877,
885-86 (3rd Cir. 1982) (finding the need for compliance with a
statutorily prescribed deadline to contribute to a finding of good
cause).
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For similar reasons, the FAA finds good cause to forgo the 30 days
delay of effective date requirement under 5 U.S.C. 553(d) because 30
days delay of effective date is impracticable and unnecessary. The FAA
is publishing this rule with an immediate effective date to comply with
the statutory deadline imposed in section 828 of the Act, which
directed the FAA to apply parts 61 and 68 to reflect the amendments
beginning 180 days after the Act's enactment. Additionally, because
section 815 has been effective since May 14, 2024, (i.e., self-
enacting), 30 days notice is unnecessary. Delaying the effective date
of this final rule will not stay these requirements from being legally
binding and would only cause inconsistency between the FAA's
regulations and the statutory provisions already in effect.\6\
Therefore, the FAA finds good cause to forgo the 30 days effective date
requirement to comply with the Congressional directive and align with
FAA's regulations with the self-enacting statutory provisions.
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\6\ See Clay Broadcasting Corp. v. United States, 464 F.2d 1313,
1320 (5th Cir. 1972), rev'd on other grounds sub nom. National Cable
Television Ass'n, Inc. v. United States, 415 U.S. 336 (1974)
(finding an effective date in accordance with a Congressional
directive supports good cause to forgo the 30 days notice
requirement.).
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Finally, this final rule makes one technical amendment to add an
OMB control number for an already existing and approved information
collection to the FAA's regulatory list of control numbers in part 11.
The FAA finds that notice and comment is unnecessary for such technical
change.\7\
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\7\ Technical amendments are ``a routine determination,
insignificant in nature and impact, and inconsequential to the
industry and to the public.'' See Mack Trucks, Inc. v. EPA, 682 F.3d
87, 94 (D.C. Cir. 2012))(quotation marks and citation omitted); See
also United States v. Mullins, 2012 WL 3777067, at *4 (D. Vt. Aug.
29, 2012) (explaining that public comment is unnecessary if minor or
merely technical amendments in which the public is not particularly
interested were involved).
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IV. Background
FESSA was enacted on July 15, 2016. Section 2307(a) of FESSA,
Medical Certification of Certain Small Aircraft Pilots, directed the
FAA to ``issue or revise regulations to ensure that an individual may
operate as pilot in command of a covered aircraft'' without having to
undergo the medical certification process under 14 CFR part 67 if the
pilot and aircraft meet certain prescribed requirements as outlined in
FESSA. The FAA implemented, without interpretation, the provisions of
section 2307 of FESSA by publishing the Alternative Pilot Physical
Examination and Education Requirements final rule on January 11,
2017,\8\ which amended parts 61 and 91 and created part 68.\9\ These
medical eligibility requirements for pilots are collectively known as
BasicMed.
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\8\ 82 FR 3149.
\9\ BasicMed was additionally modified on November 22, 2022, by
Medical Certification Standards for Commercial Balloon Operations
final rule (87 FR 71218) to expand BasicMed to required flightcrew
members in addition to persons acting as pilot in command in
accordance with section 318 of Public Law 115-254 (``Commercial
Balloon Pilot Safety Act of 2018'') and in response to NTSB Safety
Recommendation A-17-034.
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On May 16, 2024, the President signed the FAA Reauthorization Act
of 2024 (Pub. L. 118-63) into law. Specific to this rulemaking, the FAA
Reauthorization Act of 2024, sections 815 and 828, promulgates certain
changes to (1) expand the applicability of BasicMed to pilot examiners,
(2) expand the definition of a covered aircraft in FESSA, (3) apply
consistent usage of the term ``calendar months,'' and (4) permit the
FAA to modify forms related to comprehensive medical examination
checklists. As discussed herein, certain changes were self-enacting
upon enactment of the Reauthorization, while others are self-enacting
180 days from the enactment of the Reauthorization. This final rule
conforms FAA regulations as set forth by the Reauthorization.
V. Section 828 Expansion of BasicMed
Section 828(a) of the Act amended certain requirements set forth in
FESSA, section 2307, paragraphs (a)(2), (a)(7), (a)(8)(A),
(b)(2)(A)(i), (h), and (j). First, section 828 revises the definition
of covered aircraft to increase the number of occupants in a BasicMed
covered aircraft from 6 to 7, increases the maximum certificated
takeoff weight from 6,000 pounds to 12,500 pounds, and excludes
transport category rotorcraft certified to airworthiness standards
under part 29. Second, section 828(a) also increases the maximum number
of passengers from 5 to 6, modifies the duration of time for a
comprehensive medical examination from 48 months to 48 calendar months,
and updates which medical application form versions the FAA may use to
populate the questions of the
[[Page 90574]]
Comprehensive Medical Examination Checklist (BasicMed), FAA Form 8700-2
(CMEC). While section 828(b) directs the FAA to amend regulations in 14
CFR parts 61 and 68 without imposing a deadline to do so,\10\ paragraph
(c) requires the FAA to apply parts 61 and 68 in a manner reflecting
the amendments made by paragraph (a) within 180 days of the enactment
of the Act (i.e., November 12, 2024). The amended requirements of
section 828 and the FAA's implementation of those requirements are
subsequently discussed.
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\10\ While the statute directs the FAA to amend parts 61 and 68,
the FAA notes that in order to implement the expansion of BasicMed
to experimental aircraft which are not type certificated as the
regulations currently reflect, the FAA must amend part 91. Section
91.319 prescribes operating limitations for aircraft having
experimental certificates. This aligns with the approach set forth
by the Alternative Pilot Physical Examination and Education
Requirements final rule (82 FR 3149).
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A. Calendar Month (Sec. 61.23(c)(3)(i)(D))
Prior to this rule, Sec. 61.23(c)(3)(i)(D) required that, to be
eligible to operate under BasicMed, an individual must complete their
comprehensive medical examination from a State-licensed physician
during the 48 months before acting as a pilot in command or serving as
a required flightcrew member in operations under Sec. 61.113(i) and in
accordance with the relevant requirements in part 68. This requirement
was consistent with the directive of section 2307(a)(7) of FESSA at the
time of final rule adoption \11\ (i.e., before May 16, 2024). With the
exception of Sec. 61.23(c)(3)(i)(D), the FAA has generally used the
term ``calendar month'' throughout part 61 to refer to periods of time
for the purposes of recency. Further, the usage of the term ``month''
was inconsistent within section 2307 of FESSA, which used the term
``month'' to refer to the duration of a comprehensive medical
examination, but ``calendar month'' when referring to the duration of
recency for the medical education course. This amendment will implement
section 828(a)(1)(B) to correct the term and align the language in
Sec. 61.23 with part 61 convention and section 2307(a)(7) of FESSA to
state ``calendar month.''
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\11\ 82 FR 3149 at 3154.
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B. Covered Aircraft Requirements (Sec. Sec. 61.113(i)(1) and
91.319(j))
In section 2307(j) of FESSA, as promulgated in 2016, a covered
aircraft was defined as an aircraft that (1) is authorized under
Federal law to carry not more than 6 occupants; and (2) has a maximum
certificated takeoff weight of not more than 6,000 pounds. These
requirements were implemented for aircraft authorized under Federal
law.\12\ Section 828(a)(4) of the FAA Reauthorization Act of 2024
amended section 2307(j) of FESSA to increase the number of occupants an
aircraft is authorized to carry under Federal law from 6 to 7 and to
increase the maximum certificated takeoff weight from not more than
6,000 pounds to not more than 12,500 pounds. Additionally, section
828(a)(4) added a third provision to section 2307(j) of FESSA to
exclude transport category rotorcraft certificated to airworthiness
standards under part 29. To note, these amendments were immediately
adopted within 49 U.S.C. 44703 note (FESSA).
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\12\ Comprehensive discussion regarding the FAA's analysis and
implementation of ``aircraft authorized under Federal Law'' may be
found at 82 FR 3149, at 3154.
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For aircraft authorized under Federal law, this final rule revises
Sec. 61.113(i)(1) to reflect the provisions of section 2307(j), as
amended by section 828(a)(4).\13\ Additionally, this final rule revises
Sec. 91.319(j) to increase the maximum number of occupants that a
person may carry in an experimental aircraft operated under Sec.
61.113(i) from 6 to 7.\14\
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\13\ Section 61.113 refers to the parameters of aircraft;
however, the 2017 preamble unintentionally narrowed the aircraft
authorized to type certificated aircraft and experimental aircraft,
inadvertently omitting aircraft such as light sport aircraft and
special flight permits. In practice, the FAA applies Sec. 61.113 to
any aircraft meeting the definition of ``covered aircraft'' and will
continue to do so.
\14\ As previously stated in footnote 8 of this preamble, the
statute directs the FAA to amend parts 61 and 68; however, because
experimental aircraft are not type certificated but may be operated
under BasicMed given the definitions set forth in FESSA, the FAA
finds it appropriate to amend part 91 as well. Because experimental
aircraft may be operated under BasicMed, the FAA omitted the word
``certificated'' from ``maximum takeoff weight'' in the 2017 final
rule regulatory text, which is also reflected in this final rule.
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C. Passengers in Covered Aircraft (Sec. 61.113(i)(1))
Section 2307(a)(8) of FESSA established limitations for operations
under BasicMed. One operating requirement limited an individual
operating in the covered aircraft from carrying more than 5 passengers.
Section 828 of the Act amended section 2307(a)(8)(A) (i.e., the
operating requirement) by increasing the number of passengers from 5 to
6. This final rule will revise Sec. 61.113(i)(1) to reflect this
increased passenger limitation. Therefore, a covered aircraft may now
be authorized to carry up to 7 occupants (including any required flight
crewmembers) and may be operating with up to 6 passengers on board.\15\
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\15\ For additional discussion on the relationship between
``occupants'' and ``passengers'' as it pertains to covered aircraft,
see 82 FR 3149 at 3154.
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D. Comprehensive Medical Examination Checklist (Sec. 68.7(a)(1))
To comply with the requirements of BasicMed, a pilot must receive a
comprehensive medical examination from a State-licensed physician.\16\
The State-licensed physician conducts the examination using the CMEC
\17\ completed by the recipient prior to the examination. Section
2307(b)(2) of FESSA prescribes the content of the CMEC, implemented in
Sec. 68.7. Originally, section 2307(b)(2)(A)(i) specified that the
checklist must be populated with specific questions from FAA Form 8500-
8 (3-99); however, the 3-99 version of FAA Form 8500-8 is now obsolete
and no longer an active form.
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\16\ 14 CFR 61.23(c)(3)(D).
\17\ During this rulemaking, the FAA discovered that the rule
establishing BasicMed, Alternative Pilot Physical Examination and
Education Requirements, did not add OMB control number 2120-0770
(approving the new information collection for FAA Form 8700-2) to
Sec. 11.201. Section 11.201 sets forth an informational list of
current OMB control numbers, organized by 14 CFR part or section,
identified and described for reference to the FAA's information
collection activities. This final rule corrects the error by adding
the OMB control number to the table set forth in Sec. 11.201(b).
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Now, section 828(a)(2) of the Act amended section 2307(b)(2)(A)(i)
of FESSA to specify that the checklist must include certain questions
from the 8500-8 (3-99) or any successor form, which include pertinent
medical history of the examination recipient. As a result of the
amendment, this final rule amends Sec. 68.7(a)(1) by inserting the
language ``(or any successor form)'' following ``FAA Form 8500-8 (3-
99).'' In practice, this amendment explicitly facilitates future
updates to the FAA Form 8700-2 CMEC and incorporates changes made to
specific questions in subsequent versions of FAA Form 8500-8.
VI. Expanding BasicMed for Examiners Administering Tests or Proficiency
Checks
Prior to FESSA, the medical eligibility requirements for an
examiner mirrored the requirements for the applicant taking the
examination. The provisions of section 2307 of FESSA, and subsequent
modifications to apply BasicMed to required flightcrew members, did not
originally apply to examiners because an examiner does not typically
act as pilot in command of the aircraft for a practical test and only
[[Page 90575]]
serves as a required flightcrew member during portions of a practical
test.\18\
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\18\ E.g., acting as a safety pilot under 14 CFR 91.109(c)(1).
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Section 815(a) of the FAA Reauthorization Act of 2024 permits
examiners to administer a practical test or proficiency check so long
as the examiner meets the medical eligibility requirements of BasicMed
(i.e., the examiner meets the medical qualification requirements under
part 68 and the operation is conducted in a covered aircraft as defined
in section 2307(j) of FESSA). While the FAA determined that this
provision was self-enacting as of May 16, 2024, section 815(b) of the
Act directs the FAA to issue a final rule revising part 61 within three
years of enactment. Section 815(b) also permits the Administrator to
add ``any related requirements the Administrator finds are in the
interest of aviation safety'' to the final rule; however, at this time,
the FAA does not find any related requirements warranted and will not
be adding any additional related requirements to this final rule. To
align the regulations with the self-enacting statute, this final rule
adds new Sec. 61.23(c)(1)(vii) \19\ to explicitly allow examiners to
administer practical tests or proficiency checks for airman
certificates, ratings, or authorizations, provided the flight is
conducted under the conditions and limitations set forth in Sec.
61.113(i).
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\19\ As a result, this final rule revises Sec. 61.23(c)(1)(v)
and (vi) to account for list expansion (i.e., simply removing ``or''
from paragraph (c)(1)(v) and adding ``or'' to paragraph (c)(1)(vi)).
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The amended provisions in Sec. 61.23(a)(3)(iv) to allow examiners
to perform their duties under BasicMed use the phrase ``when meeting
the requirements to operate under the conditions and limitations set
forth in Sec. 61.113(i)'' rather than ``when operating under the
conditions and limitations set forth in Sec. 61.113(i)'' because Sec.
61.113(i) applies to persons exercising private pilot privileges as
either pilot in command or as a required flightcrew member. The added
phrase ``when meeting the requirements'' was included to clarify that
even though the examiner may not be performing a pilot duty as an
examiner and not serving as either pilot in command or as a required
flightcrew member, that person may serve as an examiner without holding
a medical certificate provided that person has otherwise met all the
requirements to operate as pilot in command or as a required flightcrew
member under BasicMed.
VII. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866, Executive Order 13563, and Executive Order 14094
(``Modernizing Regulatory Review'') direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify the 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. 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 that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
final rule: (1) has benefits that justify its costs, (2) is not a
``significant regulatory action'' as defined in section 3(f)(1) of
Executive Order 12866, (3) will not create unnecessary obstacles to the
foreign commerce of the United States; and (4) will not impose an
unfunded mandate on State, local, or tribal governments, or on the
private sector by exceeding the threshold identified above. As the FAA
finds good cause to forgo notice and opportunity for comment under 5
U.S.C. 553(b)(B) for this final rule, 5 U.S.C. 603 and 604 do not
require regulatory flexibility analyses regarding impacts on small
entities.
A. Regulatory Evaluation
There are no costs or benefits of this rule relative to the with-
statute baseline. This rule conforms FAA regulations to self-
implementing legislation in sections 815 and 828 of the FAA
Reauthorization Act of 2024. Section 815 allows a pilot examiner to
perform authorized examiner duties so long as the examiner can
otherwise meet the requirements to operate under BasicMed in the
aircraft being used for the practical test or proficiency check.
Section 828 expands BasicMed by increasing the number of allowable
passengers in a covered aircraft to 6 (up from 5); increasing the
allowable number of seats in a covered aircraft to 7 (up from 6); and
increasing the maximum certificated takeoff weight of a covered
aircraft to 12,500 pounds (up from 6,000 pounds). This expansion of
Basic Med does not apply to transport category rotorcraft certified to
airworthiness standards under part 29.
Under the updated OMB Circular A-4 guidance,\20\ an agency may use
a with-statute baseline for estimating costs and benefits for
regulations that simply restate statutory requirements in self-
implementing legislation. Since the rule does not deviate from the
self-implementing statutory provisions, there are no costs or benefits
as measured against the with-statute baseline.
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\20\ OMB Circular No. A-4 updated November 9, 2023, page 12.
Accessed September 30, 2024, at: <a href="https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf</a>.
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B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever 5 U.S.C. 553 or any other law
requires an agency to publish a general notice of proposed rulemaking
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after that section or any other law
requires publication of a general notice of proposed rulemaking. The
FAA finds good cause to forgo notice and comment and to not delay the
effective date for this rule. As 5 U.S.C. 553(b)(B) permits an agency
to forgo notice and the opportunity for comment when good cause exists
and the FAA finds good cause exists in this situation, 5 U.S.C. 603 and
604 similarly do not require regulatory flexibility analyses.
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
[[Page 90576]]
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 final rule and
determined that it will only have a domestic impact and therefore will
not create unnecessary obstacles to the foreign commerce of the United
States.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government, or the private sector to incur direct
costs without the Federal government having first provided the funds to
pay those costs. The FAA determined that the final rule will not result
in the expenditure of $183 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
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.
The FAA has determined that there would be no new information
collection associated with the requirement to complete the
Comprehensive Medical Examination Checklist associated with this final
rule. Approval to collect such information previously was approved by
the Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and was assigned
OMB Control Number 2120-0770.
The FAA lists OMB control numbers assigned to its information
collection activities in 14 CFR 11.201(b). Accordingly, this technical
amendment updates 14 CFR 11.201(b) to display OMB control number 2120-
0770 associated with the information collection activities in the final
rule, Alternative Pilot Physical Examination and Education
Requirements.
F. 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 (SARPs) to the maximum extent practicable. The
FAA has reviewed ICAO SARPs applicable to private pilots.
Airmen certificated by the FAA are represented to ICAO as compliant
with ICAO standards for private pilots, among other requirements. As
FESSA and this final rule describe standards that diverge from ICAO
requirements,\21\ flights must be geographically limited to operations
within the United States, unless authorized by the country in which the
flight is conducted.
---------------------------------------------------------------------------
\21\ Annex 1 to the Convention on International Civil Aviation,
``Personnel Licensing,'' Chapter 6 ``Medical Provisions for
Licensing,'' 11th Edition (July 2011).
---------------------------------------------------------------------------
The FAA will modify certain differences to reflect that certain
U.S. private pilots no longer are required to hold a current FAA airman
medical certificate. A filing is required for certain ICAO Annex 1
SARPs found in Chapters 1, 2, and 6.
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 5-6.6f for regulations and involves
no extraordinary circumstances.
VIII. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA 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, will not have federalism
implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments, and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures, the FAA ensures that Federally Recognized Tribes (Tribes)
are given the opportunity to provide meaningful and timely input
regarding proposed Federal actions that have the potential to have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes; or to affect uniquely or significantly
their respective Tribes. At this point, the FAA has not identified any
unique or significant effects, environmental or otherwise, on Tribes
resulting from this final rule.
C. 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. The FAA has determined that it is not a
``significant energy action'' under the Executive order and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
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.
IX. Additional Information
A. Electronic Access and Filing
A copy of this 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 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
[[Page 90577]]
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.
Requestors must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced above.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) 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="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">http://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 68
Aircraft, Airmen, Health, Reporting and recordkeeping requirements.
14 CFR Part 91
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Transportation.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
Part 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, and 46102.
0
2. Amend Sec. 11.201 by revising the table in paragraph (b) to read as
follows:
Sec. 11.201 Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
14 CFR part or section identified and described control No.
------------------------------------------------------------------------
* * * * *
Part 68................................................. 2120-0770
* * * * *
------------------------------------------------------------------------
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
3. The authority citation for part 61 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub. L.
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 318, Pub. L.
115-254, 132 Stat. 3186 (49 U.S.C. 44703 note); and secs. 815 and
828, Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note).
0
4. Amend Sec. 61.23 by revising paragraphs (a)(3)(iv), (c)(1)(v) and
(vi), adding paragraph (c)(1)(vii), and revising paragraph (c)(3)(i)(D)
to read as follows:
Sec. 61.23 Medical certificates: Requirement and duration.
(a) * * *
(3) * * *
(iv) When performing the duties as an Examiner in an aircraft when
administering a practical test or proficiency check for an airman
certificate, rating, or authorization, except when meeting the
requirements to operate under the conditions and limitations set forth
in Sec. 61.113(i).
* * * * *
(c) * * *
(1) * * *
(v) Exercising the privileges of a student, recreational or private
pilot certificate if the flight is conducted under the conditions and
limitations set forth in Sec. 61.113(i);
(vi) Exercising the privileges of a flight instructor certificate
and acting as the pilot in command or as a required flight crewmember
if the flight is conducted under the conditions and limitations set
forth in Sec. 61.113(i); or
(vii) Serving as an Examiner and administering a practical test or
proficiency check for an airman certificate, rating, or authorization
if the flight is conducted under the conditions and limitations set
forth in Sec. 61.113(i).
* * * * *
(3) * * *
(i) * * *
(D) Receive a comprehensive medical examination from a State-
licensed physician during the 48 calendar months before acting as pilot
in command or serving as a required flightcrew member of an operation
conducted under Sec. 61.113(i) and that medical examination is
conducted in accordance with the requirements in part 68 of this
chapter; and
* * * * *
0
5. Amend Sec. 61.113 by revising paragraph (i)(1) to read as follows:
Sec. 61.113 Private pilot privileges and limitations: Pilot in
command.
* * * * *
(i) * * *
(1) The aircraft is authorized to carry not more than 7 occupants,
has a maximum takeoff weight of not more than 12,500 pounds, is
operated with no more than 6 passengers on board, and is not a
transport category rotorcraft certified to airworthiness standards
under part 29 of this chapter; and
* * * * *
PART 68--REQUIREMENTS FOR OPERATING CERTAIN SMALL AIRCRAFT WITHOUT
A MEDICAL CERTIFICATE
0
6. The authority citation for part 68 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 44701-44703, sec. 2307 of Pub. L.
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 828 of Pub. L.
118-63, 138 Stat. 1330 (49 U.S.C. 44703).
0
7. Amend Sec. 68.7 by revising paragraph (a)(1) to read as follows:
Sec. 68.7 Comprehensive Medical Examination Checklist.
* * * * *
(a) * * *
(1) Boxes 3 through 13 and boxes 16 through 19 of the FAA Form
8500-8 (3-99), or any successor form; and
* * * * *
Part 91--GENERAL OPERATING AND FLIGHT RULES
0
8. The authority citation for part 91 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120,
44101, 44111, 44701,
[[Page 90578]]
44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534;
Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 828 of
Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12
and 29 of the Convention on International Civil Aviation (61 Stat.
1180), (126 Stat. 11).
0
9. Amend Sec. 91.319 by revising paragraph (j) to read as follows:
Sec. 91.319 Aircraft having experimental certificates: Operating
limitations.
* * * * *
(j) No person may operate an aircraft that has an experimental
certificate under Sec. 61.113(i) of this chapter unless the aircraft
is carrying not more than 7 occupants.
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and secs. 815 and 828 of Public Law 118-63.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-26935 Filed 11-14-24; 4:15 pm]
BILLING CODE 4910-13-P
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