[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51850-51851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24545]
[[Page 51849]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 61, et al.
Advanced Qualification Program; Final Rule
Federal Register / Vol. 60, No. 191 / Tuesday, October 3, 1995 /
Rules and Regulations
[[Page 51850]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 65, 108, 121, and 135
[Docket No. 25804, Amendment No. 61-98, 63-30, 65-39, 108-13, 121-250,
135-57]
RIN 2120-AF00
Advanced Qualification Program
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA establishes a new termination date for Special Federal
Aviation Regulation (SFAR) No. 58 (55 FR 40275; Oct. 2, 1990), which
provides for the approval of an alternate method (known as ``Advanced
Qualification Program'' or ``AQP'') for qualifying, training and
certifying, and otherwise ensuring the competency of crewmembers,
aircraft dispatchers, other operations personnel, instructors, and
evaluators who are required to be trained or qualified under parts 121
and 135 of the FAR. This action will establish a new termination date,
of October 2, 2000, for SFAR 58 to allow time for the FAA to complete
the rulemaking process that will incorporate SFAR 58 into the Federal
Aviation Regulations (FAR).
EFFECTIVE DATE: September 27, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. John Allen, Advanced Qualification Program Branch (AFS-230), Air
Transportation Division, Office of Flight Standards, Federal Aviation
Administration, P.O. Box 20027, Dulles International Airport,
Washington, D.C. 20041-2027; telephone (703) 661-0260.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 1995, the FAA issued a notice of proposed rulemaking
proposing to extend the expiration date of SFAR 58 [60 FR 42764]. The
comment period closed on September 5, 1995; two comments were received.
The Air line Pilots Association and the Regional Airline Association
both supported the extension of SFAR 58 until October 2, 2000. The
amendment is adopted as proposed.
Good Cause Justification for Immediate Adoption
The reasons which justified the original issuance of SFAR 58 still
exist. Therefore, it is in the public interest to establish a new
expiration date for SFAR 58 of October 2, 2000. If the FAA publishes a
final rule incorporating SFAR 58 into the regulations before this
expiration date, SFAR 58 will be rescinded concurrently. In the
meantime, the continuation of SFAR 58 is necessary to permit continued
training under this program and to avoid the confusion that would
result if the program were discontinued.
For this reason, and because as a voluntary program the AQP imposes
no additional burden on any person, the FAA finds that the amendment
should be made effective immediately upon issuance. However, interested
persons are invited to submit such comments as they desire regarding
this amendment. Comments should identify the docket number and be
submitted in duplicate to the address above. All communications
received on or before the close of the comment period will be
considered by the Administrator, and this amendment may be changed in
light of the comments received. All comments will be available, both
before and after the closing date for comments in the Rules Docket.
Benefit/Cost Analysis
AQP is not mandatory. Consequently, those operators who choose to
participate in the program would do so only if it was in their best
interest. Enough operators have found it in their best interest that
AQP has become an important means for meeting the requirements for air
carrier training programs. As of March 1995, 18 carriers and 2
manufacturers have either applied to participate or are already
participating in the program. AQP gives air carriers flexibility in
meeting the safety goals of the training programs in parts 121 and 135
without sacrificing any of the safety benefits derived from those
programs. Thus, extending AQP for another 5 years would not impose any
additional costs nor decrease the present level of safety. Because this
extension--(1) is extending an existing program; (2) is voluntary; and
(3) has become an important means for some operators to comply with the
training requirements, the FAA finds that a full detailed regulatory
evaluation is not necessary.
International Trade Impact Analysis
The amendment would not constitute a barrier to international
trade, including the export of American goods and services to foreign
countries and the import of foreign goods and services into the United
States. Since air carriers will not participate in AQP unless it was in
their best interest, they likewise will not participate if it would
impose a competitive disadvantage on them. Also, the concept of AQP is
being embraced by foreign operators as well.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a rule will have ``significant
economic impact on a substantial number of small entities.'' FAA Order
2100.14A outlines the FAA's procedures and criteria for implementing
the RFA. Since this action would extend what has become an important
means for some air carriers to comply with training requirements, the
extension will not impose costs above those that air carriers are
already incurring, and certainly not above what they would incur from
adopting a part 121 or part 135 training program. Thus, the rule if
issued, will not impose a significant economic impact on a substantial
number of small entities.
Federalism Implications
The regulation amended herein would not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Thus, in
accordance with Executive Order 12612, it is determined that this
regulation does not have federalism implications warranting preparation
of a Federalism Assessment.
Conclusion
The FAA has determined that this document involves an amendment
that imposes no additional burden on any person. Accordingly, it has
been determined that the action does not involve a major rule under
Executive Order 12291. Moreover, it is not significant under DOT
Regulatory Policies and Procedures (44 FR 11304; February 26, 1979).
List of Subjects
14 CFR Part 61
Air safety, Air transportation, Aviation safety, Safety.
14 CFR Part 63
Air Safety, Air transportation, Airmen, Aviation safety, Safety,
Transportation.
14 CFR Part 65
Airman, Aviation safety, Air transportation, Aircraft.
[[Page 51851]]
14 CFR Part 108
Airplane operator security, Aviation safety, Air transportation,
Air carriers, Airlines, Security measures, Transportation, Weapons.
14 CFR Part 121
Aircraft pilots, Airmen, Aviation safety, Pilots, Safety.
14 CFR Part 135
Air carriers, Air transportation, Airmen, Aviation safety, Safety,
Pilots.
The Amendment
In consideration of the foregoing, SFAR 58 (14 CFR parts 65, 108,
121, and 135) of the Federal Aviation Regulations is amended as
follows:
1. The authority citation for part 61 is revised to read as
follows:
Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
2. The authority citation for part 63 is revised to read as
follows:
Authority: 49 U.S.C. 106(g); 40108, 40113, 40114, 44701-44703,
44707, 44709-44711, 45102-45103, 45301-45302.
3. The authority citation for part 65 is revised to read as
follows:
Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
4. The authority citation for part 108 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 45103, 40113, 40119, 44701-44702,
44705, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.
5. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702,
44704-44705.
6. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-
44705, 44707-44717, 44722, 45303.
7. In part 121, SFAR 58 is amended by revising paragraph 13 to read
as follows:
Special Federal Aviation Regulation No. 58--Advanced Qualification
Program
* * * * *
13. Expiration. This Special Federal Aviation Regulation
terminates on October 2, 2000, unless sooner terminated.
Issued in Washington, DC on September 27, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-24545 Filed 9-28-95; 3:10 pm]
BILLING CODE 4910-13-M
