[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Rules and Regulations]
[Pages 53532-53537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26602]
[[Page 53531]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 61 et al.
Licensing and Training of Pilots, Flight Instructors, and Ground
Instructors Outside the United States; Final Rule
Federal Register / Vol. 63, No. 192 / Monday, October 5, 1998 / Rules
and Regulations
[[Page 53532]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 67, 141, and 142
[Docket No. FAA-1998-4518; Amendment Nos. 61-105, 67-18, 141-11 & 142-
3]
RIN 2120-AG66
Licensing and Training of Pilots, Flight Instructors, and Ground
Instructors Outside the United States
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule removes language from the Federal Aviation
Regulations that restricts the licensing of foreign persons outside of
the United States and that restricts the operation of pilot schools and
training centers that are located outside of the United States. The
restrictive language was originally placed in the regulations because
of administrative concerns that are no longer applicable. The
restrictive language was identified during harmonization efforts
currently underway between the Federal Aviation Administration (FAA)
and the European Joint Aviation Authorities (JAA) as an obstruction to
harmonization. Failure to harmonize FAA and JAA rules on licensing and
training could be detrimental to FAA pilot schools and training centers
that seek to train students from the JAA member states. As part of the
FAA's commitment to reduce restrictions that are not safety driven and
to further harmonize our regulations with our European neighbors, the
FAA is removing this restrictive language.
DATES: This final rule is effective October 5, 1998. Comments must be
submitted on or before November 4, 1998.
ADDRESSES: Comments on this final rule should be mailed or delivered,
in duplicate to: U.S. Department of Transportation Dockets, Docket No.
FAA-98-4518, 400 Seventh Street, SW, Room Plaza 401, Washington, DC
20590. Comments may also be sent electronically to the following
Internet address: [email protected] Comments may be filed and/or
examined in Room Plaza 401 between 10 a.m. and 5 p.m. weekdays except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Warren Robbins, Certification Branch (AFS-840), General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8196.
SUPPLEMENTARY INFORMATION:
Comments Invited
This final rule is being adopted without prior notice and prior
public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; February 26, 1979),
however, provide that, to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice. Accordingly,
interested persons are invited to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments relating to environmental, energy, federalism, or
international trade impacts that might result from this amendment also
are invited. Comments must include the regulatory docket or amendment
number and must be submitted in triplicate to the address above. All
comments received, as well as a report summarizing each substantive
public contact with FAA personnel on this rulemaking, will be filed in
the public docket. The docket is available for public inspection before
and after the comment closing date.
The FAA will consider all comments received on or before the
closing date for comments. Late filed comments will be considered to
the extent practicable. This final rule may be amended in light of the
comments received.
Commenters who want the FAA to acknowledge receipt of their
comments submitted in response to this final rule must include a
preaddressed, stamped postcard with those comments on which the
following statement is made: ``Comments to Docket No. FAA-1998-4518.''
The postcard will be date-stamped by the FAA and mailed to the
commenter.
Availability of Final Rule
Any person may obtain a copy of this final rule by submitting a
request to: FAA, Office of Rulemaking, Attention: ARM-1, 800
Independence Avenue, SW., Washington, DC 20591; or by telephoning (202)
267-9680. Individuals requesting a copy of this final rule should
identify their request with the amendment number or docket number.
An electronic copy of this final rule may be downloaded, by using a
modem and suitable communications software, from: the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
(703) 321-3339); the Government Printing Office's electronic bulletin
board service (telephone: (202) 512-1661); or the FAA's Aviation
Rulemaking Advisory Committee Bulletin Board service (telephone: (202)
267-5948.
Internet users may reach the FAA's web page at http://www.faa.gov,
or the Government Printing Office's web page at http://
www.access.gpo.gov/nara, for access to recently published rulemaking
documents.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If you are a small entity and have a question, contact your local
FAA official. If you do not know how to contact your local FAA
official, you may contact Charlene Brown, Program Analyst Staff, Office
of Rulemaking, ARM-27, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet
users can find additional information on SBREFA in the ``Quick Jump''
section of the FAA's web page at http://www.faa.gov and may send
electronic inquiries to the
[[Page 53533]]
following Internet address: [email protected]
Background
Over the past several years, the FAA has been involved in
harmonization efforts with the JAA and the European Civil Aviation
Conference (ECAC). During this time, the JAA has been finalizing the
Joint Aviation Regulations (JAR) on Flight Crew Licensing (FCL), which
are scheduled to go into effect in July 1999. The development of the
JAR FCL has led the FAA and JAA to compare and contrast one another's
pilot licensing and training regulations to determine where
harmonization would be appropriate. As a result of this harmonization
effort, the FAA and JAA have identified certain restrictive language in
the FAA regulations and the JAR FCL. The restrictive language, if not
removed, provides an obstruction to the harmonization efforts underway
between the FAA and the JAA.
FAA Restrictions
The restrictive language in the FAA Regulations concerns the
licensing and training of foreign pilots outside of the U.S. In
particular, the FAA regulations do not allow pilot certificates or
medical certificates to be issued outside of the U.S. to persons who
are not U.S. citizens or resident aliens of the U.S. (14 CFR 61.2 and
67.5, respectively). In addition, foreign students may not take the
practical test for a pilot certificate outside of the U.S. (14 CFR
61.2). There are a few exceptions to these requirements, but they
generally apply only to support U.S. concerns (e.g., a certificate may
be issued when the Administrator finds that the certificate is needed
for the operation of a U.S.-registered aircraft).
Also, the FAA regulations do not allow FAA-certificated pilot
schools to have a base or other facility located outside the U.S.
unless that base or facility is needed for the training of U.S.
citizens (14 CFR 141.15). FAA-certificated training centers are allowed
to be located outside of the U.S., but they are subject to special
rules that limit what they can offer foreign students (14 CFR section
142.19). For example, an FAA-certificated training center located
outside of the U.S. may prepare and recommend foreign applicants, whom
already hold FAA certificates, only for additional authorizations,
endorsements, and ratings. An FAA-certificated training center located
outside of the U.S. may prepare and recommend U.S. applicants, whether
they already hold an FAA certificate or not, for pilot certificates,
ratings, authorizations, and endorsements.
The FAA placed the above restrictive language into the FAA
regulations in 1982 in response to administrative concerns.
Specifically, the FAA was concerned with staffing and budgetary
resources for FAA activity outside of the U.S. Additionally, the FAA
wanted to encourage foreign governments to develop aeronautical codes
and administrative capabilities of their own that would permit them to
conduct their own certification functions.
Over the past decade and a half, the FAA has expanded its
international activity and now has the staffing resources overseas to
address certification and oversight concerns. In addition, in 1980 the
U.S. Congress passed the International Air Transportation Competition
Act of 1979, which directed the FAA to collect fees for airman and
repair station certificates issued outside the U.S. Based on this
Act,the FAA established fixed fees for the issuance of airman
certificates to foreign nationals outside of the U.S. (14 CFR part 187,
appendix A). This fee collection provision has enabled the FAA to
overcome the budgetary concerns of issuing certificates to foreign
airman outside of the U.S. Finally, foreign countries have developed
their own aviation programs, including certification of airman.
Therefore, after reviewing the purpose and intent of the
restrictive language, the FAA has determined that the administrative
concerns that justified placing the geographic limitations into the FAA
regulations are no longer applicable.
JAA Restrictions
The restrictive language in the JAR FCL provides, in pertinent
part, that an applicant for a JAA certificate must receive training
from a Flying Training Organization (FTO) or Type Rating Training
Organization (TRTO) approved by a member state of the JAA. No such
approval will be granted unless the FTO or TRTO principal place of
business for training and registered office are located in that JAA
member state, and the FTO or TRTO is owned directly or through majority
ownership by a JAA member state or a national of a JAA member state or
both. The JAR FCL does not allow for the crediting of training time
received from an unapproved FTO or TRTO.
The JAR FCL also does not allow for the conversion of a non-JAA
State license to a JAA license unless an arrangement exits between the
JAA and the non-JAA member state. At this time, there is not an
arrangement between the FAA and the JAA for conversion of airman
licenses. Such a conversion arrangement is one area that the FAA and
JAA are discussing as part of the harmonization efforts. These
harmonization efforts, however, have become more difficult as a result
of the geographic restrictions in one another's regulations. The JAA
has indicated that they may remove the JAR FCL restrictive language
once the FAA removes the restrictive language in the FAA regulations.
Affect on U.S. Schools
If the FAA does not remove the restrictive language in the FAA
regulations discussed above, the JAA will not remove the restrictive
language in the JAR FCL. Consequently, there could be a potentially
detrimental affect on FAA-certificated pilot schools and training
centers that seek to train students from the JAA member states or any
person interested in obtaining a JAA license. FAA-certificated pilot
schools and training centers would not meet the geographic or ownership
requirements necessary to gain JAA approval as an FTO or TRTO. As a
result, training received at FAA-certificated pilot schools or training
centers could not be credited toward a JAA license.
In addition, as discussed above, the JAR FCL provide that a license
issued by a non-JAA State may be converted to a JAA license only if an
arrangement exists between the JAA and the non-JAA State. At this time,
there is not a conversion arrangement between the FAA and the JAA and
if the JAR FCL restrictive language is not removed the harmonization
efforts underway may not produce such a conversion arrangement. As a
result, FAA pilot certificates could not converted to JAA licenses.
Currently, FAA-certificated pilot schools and training centers
provide a significant amount of training to individuals from JAA member
states. If the JAR FCL goes into effect with the restrictive language
in July 1999, significant economic hardship may be endured by many FAA-
certificated pilot schools and training centers, since students from
JAA member states would no longer seek FAA certificates or training
from them.
Accordingly, the FAA is recommending to the JAA that they remove
the restrictive language from the JAR FCL before it goes into effect.
To support this, the FAA must show good faith by removing licensing and
training restrictions in the FAA regulations that are not safety
driven. The removal of the restrictive language is urgently needed as
the implementation date of the JAR FCL is July 1999; the JAA FCL
[[Page 53534]]
Committee will meet in September 1998 to consider amendment of the
language in the JAR FCL, which goes before the full JAA Committee for
adoption in October 1998.
Section-by-section Analysis
Part 61 Certification: Pilots, Flight Instructors, and Ground
Instructors
Section 61.2 Certification of Foreign Pilots, Flight Instructors, and
Ground Instructors
This section currently provides that an airman certificate may not
be issued to a person who is not a citizen of the U.S. or a resident
alien of the U.S. unless that person passes the appropriate practical
test within the U.S. There are five exceptions to this restriction for
specific needs; that is, the certificate must be needed for the
operation of U.S.-registered aircraft. This section also provides that
FAA-certificated training centers located outside the U.S. may prepare
and recommend only U.S. citizens for airman certificates and may only
issue certificates to U.S. citizens.
This section was originally established in 1982 (47 FR 35690;
August 16, 1982) in response to ``the continuous expansion in worldwide
demand for FAA certification services'' and the ``undue burden [the
demand was placing] on FAA budgetary and manpower resources.'' These
administrative concerns, and the potential fear that ``[o]verly free
exportation of U.S. certificates could deter the development of
competent, indigenous certification programs,'' convinced the FAA to
restrict the certification of foreign nationals outside of the U.S. The
FAA found support for this decision in 49 U.S.C. section 44703(d),
which gives the Administrator of the FAA the discretion to restrict or
prohibit the issuance of airman certificates to aliens. In 1996, the
FAA implemented the new regulations concerning the certification and
operating rules for FAA-certificated training centers (61 FR 34508;
July 2, 1996). As part of that rule, section 61.2 was amended to
provide that FAA-certificated training centers located outside the U.S.
may prepare and recommend only U.S. citizens for airman certificates
and may issue certificates only to U.S. citizens. That amendment
carried forward the policy of the FAA not to issue certificates to
foreign nationals outside the U.S., and did not consider whether this
policy was still appropriate.
The FAA/JAA harmonization effort over the past several years has
identified this section as one of the obstructions to the harmonization
efforts.
As noted in the general discussion above, the FAA has determined
that the original concerns behind promulgating this section are no
longer applicable. The FAA has put in place the appropriate resources
to handle FAA certification services outside the United States, and the
agency is no longer concerned about creating a disincentive for foreign
airman certification programs. Accordingly, the FAA is removing this
section in its entirety and will be reserving this section for future
needs.
Part 67 Medical Standards and Certification
Section 67.5 Certification of Foreign Airmen
This section provides that a person who is neither a citizen of the
U.S., nor a resident alien of the U.S., may not be issued an FAA
medical certificate outside the U.S. unless the Administrator finds
that the certificate is needed for the operation of a U.S.-registered
aircraft.
This section was established at the same time as 14 CFR 61.2,
discussed above, in 1982 (47 FR 35690). As stated above, that rule was
adopted in response to administrative concerns and to encourage foreign
governments in the development of competent, indigenous airman
certification programs. As these concerns are no longer applicable, and
to encourage harmonization with our European neighbors where possible,
the FAA is removing airman licensing requirements that are not safety
driven. As a result, the FAA is removing and reserving this section in
its entirety.
Part 141 Pilot Schools
Section 141.15 Location of Facilities
This section provides that FAA-certificated pilot schools or
provisional pilot schools may not have a base or facility located
outside of the U.S. unless the Administrator finds the location of that
base or facility is needed for the training of students who are U.S.
citizens.
This section was established as part of an overall revision to the
standards for the certification of FAA-certificated pilot schools in
1974 (39 FR 20146; June 6, 1974). In the preamble to that rule, the FAA
stated that the restriction on the location of FAA-certificated pilot
schools outside the U.S. reflected a long-standing FAA policy that
merely was being stated in the regulation. The FAA also stated that
``the purpose of certificated pilot schools is to provide pilot
training for citizens of the U.S.''
As previously discussed, this long-standing FAA policy restricting
the training and certification of foreign nationals outside of the U.S.
was based mostly on administrative concerns that are no longer
applicable. In addition, as FAA-certificated pilot schools have been,
and currently are, providing training to a significant number of
foreign nationals within the U.S., the purpose of FAA-certificated
pilot schools has expanded to train both U.S. citizens and foreign
nationals. For many FAA-certificated pilot schools the training of
foreign students provides a major source of income.
The JAA and the ECAC have determined that this section is not only
a roadblock to harmonization efforts but has encouraged them to place
similar geographic restrictions in the JAR FCL. As discussed earlier in
the background section of this preamble, if the JAA maintains the
restrictive language in the JAR FCL, foreign nationals of JAA member
states will no longer seek training from FAA-certificated schools as
that training would not longer be recognized by the JAA. Because the
FAA has determined that this geographic limitation is no longer
necessary and is an obstruction to harmonization as indicated by the
JAA and the ECAC, the FAA is removing and reserving this section in its
entirely.
Part 142 Training Centers
Section 142.15 Facilities
This section primarily addresses the physical characteristics of
the facilities that a training center is required to provide. The last
paragraph of this section (14 CFR 142.15(e)), however, provides that a
training center certificate may be issued to an applicant having a
business office or training center located outside of the U.S. This
permissive language in unnecessary since without this provision, it
would be clear that there are no geographic restrictions in part 142
for FAA-certificated training centers. The FAA is removing it to avoid
any possible confusion.
Section 142.17 Satellite Training Centers
This section provides the requirements that must be met for a
training center to conduct training at a satellite training center
located in the U.S. This section was limited to satellite training
centers located within the United States because the FAA provided
special rules for training centers located outside the United States
under 14 CFR section 142.19.
As discussed below, the FAA is removing section 142.19 in its
entirety.
[[Page 53535]]
As there will no longer be special rules for FAA-certificated training
centers located outside of the United States, the FAA is removing the
limitation in this section that references only satellite training
centers located within the United States. FAA-certificated training
centers, whether located within or outside of the United States, that
want to operate satellite training centers must meet the requirements
under this section.
Section 142.19 Foreign Training Centers: Special Rules
This section currently provides that a training center located
outside of the U.S. is subject to special rules that limit what
training they can provide to foreign students. As already discussed
above, an FAA-certificated training center located outside of the
United States may only prepare and recommend foreign applicants, whom
already hold FAA certificates, for additional authorizations,
endorsements, and ratings. An FAA-certificated training center located
outside of the U.S. may prepare and recommend U.S. applicants, whether
they already hold an FAA certificate or not, for pilot certificates,
ratings, authorizations, and endorsements.
The FAA placed this restrictive language into this section for the
same reason as that for section 61.2. As discussed above, section 61.2
was established in response to administrative and potential ``over-
dominance'' concerns that are no longer applicable. Section 142.19 was
identified as a possible obstruction to harmonization. For the same
reason the FAA is removing section 61.2, the FAA is removing and
reserving this section in its entirety.
Good Cause for Immediate Adoption
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize
agencies to dispense with certain notice procedures for rules when they
find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d)(3) allows an agency, upon finding good cause, to make a
rule effective immediately, thereby avoiding the 30-day delayed
effective date requirement in section 553.
The FAA finds that notice and public comment to this final rule are
impracticable, unnecessary, and contrary to the public interest. The
provisions in this final rule remove restrictive language affecting the
licensing and training of foreign pilots outside of the U.S. The
removal of the restrictive language will not adversely affect the
licensing and training of U.S. pilots either within or outside of the
U.S. In addition, as discussed above, the removal of the restrictive
language will not have a safety impact, because the language was
adopted to meet administrative concerns that are no longer applicable.
As a result, the FAA has determined that notice and public comment are
unnecessary because the FAA believes that the public will not be
interested in this rulemaking.
The FAA has determined that there is a need to remove the
restrictive language immediately, to provide an inducement for the JAA
to consider removing its restrictions on licensing and training.
Without this reciprocal JAA action, there could be economic losses the
FAA-certificated pilot schools and training centers that seek to
continue to train foreign students from the JAA member states, both
inside and outside of the U.S. As discussed earlier, the JAR FCL
restrictive language will not allow an individual to convert an FAA
pilot license, absent an arrangement between the JAA and the FAA, or to
receive credit for flight training unless it is received from an JAA-
approved FTO or TRTO. Currently, there is no arrangement between the
FAA and the JAA for conversion of certificates and FAA-certificated
pilot schools and training centers do not meet the requirements for JAA
approval.
The JAA has indicated that they may remove the JAR FCL restrictive
language if the FAA removes the restrictive language in the FAA
regulations. As discussed earlier, the JAA will be making final
decisions regarding any amendments to the language of the JAR FCL in
the very near future. Therefore while notice and comment on this
amendment are unnecessary, they are also impracticable.
Regulatory Evaluation
Executive Order 12866, ``Regulatory Planning and Review,'' dated
September 30, 1993, directs the Federal agencies to promulgate new
regulations or modify existing regulations only if benefits to society
for each regulatory change outweigh potential costs. The order also
requires the preparation of an economic analysis of all ``significant
regulatory actions'' except those responding to emergency situations or
other narrowly defined exigencies.
The FAA has determined that this final rule is not significant
under Executive Order 12866 or the Regulatory Policies and Procedures
of the Department of Transportation (DOT) (44 FR 11034; February 26,
1979). The Regulatory Policies and Procedures of the DOT require, for
non-significant rulemakings, the preparation of a regulatory evaluation
that analyzes the economic consequences of the regulatory action. This
section contains the full regulatory evaluation prepared by the FAA
that provides information on the economic consequences of this
regulatory action. In addition to the regulatory evaluation, this
section also contains a regulatory flexibility determination required
by the 1980 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and an
international trade impact assessment. Accordingly, the FAA makes the
following economic evaluation of this final rule.
This final rule merely removes language from the Federal Aviation
Regulations that restricts the licensing of foreign persons outside of
the U.S. and that restricts the operation of FAA-certificated pilot
schools and training centers that are located outside of the U.S. The
restrictive language was originally placed in the regulations because
of administrative concerns that are no longer applicable. The
restrictive language was identified during harmonization efforts
currently underway between the FAA and the JAA as an obstruction to
harmonization and as potentially detrimental to FAA-certificated pilot
schools and training centers that seek to train students from the JAA
member states. As part of the FAA's commitment to reduce restrictions
that are not safety driven and to further harmonize our regulations
with our European neighbors, the FAA is removing the above restrictive
language.
Cost-benefit Analysis
This final rule does not change the training or certification
requirements for obtaining FAA certificates, it only removes geographic
limitations on where the training and certification of foreign
nationals may be given. This final rule does not affect the training
and certification of U.S. citizens either within or outside of the
United States. As a result, this final rule does not, in economic
terms, alter the process of training and certification for pilots,
flight instructors, and ground instructors. Accordingly, the FAA has
determined that there are no economic costs associated with this final
rule.
An expected benefit of the proposed rule is continuation of
existing international trade with respect to the provision of pilot
training by U.S
[[Page 53536]]
companies. As discussed in the background section of this preamble, the
FAA is concerned about the JAR FCL language that would not allow for
the crediting of training time received from unapproved FTOs or TRTOs,
namely FAA-certificated pilot schools or training centers. FAA-
certificated pilot schools and training centers currently provide
training to a significant number of individuals from JAA member states.
If the JAR FCL goes into effect in July 1999, significant economic
hardship may be endured by many FAA-certificated pilot schools and
training centers as students from JAA member states would no longer
seek training from them. Further, foreign students that come to the
U.S. for flight training provide indirect benefits; they inject money
above and beyond tuition costs into the U.S. economy. The FAA is
recommending to the JAA that they remove the restrictive language from
the JAR FCL. To support this, the FAA must show good faith by removing
licensing and training restrictions in the FAA regulations that are not
safety driven. Therefore, the FAA has determined that the failure to
implement this final rule will result indirectly in economic losses to
FAA-certificated pilot schools and training centers and the U.S.
economy.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 establishes ``as a principle
of regulatory issuance that agencies shall endeavor, consistent with
the objective of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the business,
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principle, the Act requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The Act covers a wide range of small entities, including
small businesses, not-for-profit organizations and small government
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 Act provides that
the head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
The FAA conducted the required review of this final rule and
determined that it will not have a significant economic impact,
positive or negative, on a substantial number of small entities. This
final rule, while it does affect FAA-certificated pilot schools and
training centers, does not impose any cost on them. This final rule
merely removes geographic limitations on FAA-certificated pilot schools
and training centers for the training and certification of foreign
nationals outside of the United States. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that
this final rule will not have a significant impact on a substantial
number of small entities. The FAA solicits comments from the public
regarding this determination.
International Trade Impact Analysis
The Office of Management and Budget (OMB) requires Federal agencies
to determine whether any rule or regulation will have an impact on
international trade. The FAA has determined that this final rule will
affect the operations of businesses involved in the sale of aviation
services, specifically, FAA-certificated pilot schools and training
centers. It affects FAA-certificated pilot schools and training centers
by removing restrictive language that placed geographic limitations on
where they could be located and on what training and certification they
could provide to foreign nationals outside of the U.S. The FAA has
determined that this final rule promotes international trade. While the
FAA believes that this final rule will promote international trade, the
more tangible benefit of this final rule will be the enhancement of
harmonization efforts currently underway between the FAA and the JAA.
Federalism Implications
This final rule will not have a substantial direct effect 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. Therefore, in accordance with Executive
Order 12612, it is determined that this final rule will not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (Pub. L.
104-13 (May 22, 1995)), there are no requirements for information
collection associated with this final rule.
Unfunded Mandates Reform Act Assessment
In accordance with the Unfunded Mandates Reform Act of 1995 Pub. L.
104-4 (March 22, 1995)), there are no Federal mandates in this final
rule that meet the required cost threshold.
List of Subjects
14 CFR Part 61
Airmen, Certification, Flight instructors, Foreign airmen, Ground
instructors, Pilots, Students, Training.
14 CFR Part 67
Airmen, Certification, Foreign airmen, Medical certification.
14 CFR Part 141
Airmen, Certification, Educational facilities, Flight instructors,
Foreign students, Ground instructors, Pilots, Schools, Students,
Training.
14 CFR Part 142
Airmen, Certification, Educational facilities, Foreign students,
Instructors, Pilots, Schools, Students, Training.
The Amendments
In consideration of the foregoing the Federal Aviation
Administration amends Chapter I of Title 14 Code of Federal Regulations
as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44709-44711,
45102-45103, 45301-45302.
Sec. 61.2 [Removed]
2. Remove Sec. 61.2.
PART 67--MEDICAL STANDARDS AND CERTIFICATION
3. The authority citation for part 67 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45303.
Sec. 67.5. [Removed]
4. Remove Sec. 67.5
PART 141--PILOT SCHOOLS
5. The authority citation for part 141 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
[[Page 53537]]
Sec. 141.15 [Removed]
6. Remove Sec. 141.15
PART 142--TRAINING CENTERS
7. The authority citation for part 142 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45103, 45301-45302.
Sec. 142.15 [Amended]
8. In Sec. 142.15, remove paragraph (e).
9. Section 142.17 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 142.17 Satellite training centers.
(a) The holder of a training center certificate may conduct
training in accordance with an approved training program at a satellite
training center if--
* * * * *
Sec. 142.19 [Removed]
10. Remove Sec. 142.19.
Issued in Washington, DC, on September 30, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-26602 Filed 10-2-98; 8:45 am]
BILLING CODE 4910-13-M
