Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
This final rule further amends the regulatory relief originally provided in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule and the Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) Public Health Emergency final rule. The relief in this final rule applies to a new population of airmen and does not extend the relief provided in the amended Special Federal Aviation Regulation (SFAR). The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. This SFAR also provides regulatory relief to additional persons unable to meet duration and renewal requirements due to the public health emergency. Finally, this rule allows certain air carriers and operators to fly temporary overflow aircraft to a point of storage pursuant to a special flight permit with a continuing authorization.
Effective October 1, 2020, through April 30, 2021.
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
For technical questions concerning this action for pilots, contact Craig Holmes, General Aviation and Commercial Division; Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1100; email
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for “good
The FAA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment. The provisions in this final rule provide temporary relief to persons who have been unable to meet certain requirements during the national emergency concerning COVID–19. Without this final rule, certain individuals will not be able to continue exercising privileges in support of essential operations due to their inability to satisfy certain training, recent experience, testing, and checking requirements. In addition, other individuals may be unable to satisfy certain requirements due to a reduced availability of personnel that are able to conduct routine aviation activities. In other instances, such activities may be contrary to State and local directives that continue certain restrictions as they implement phased recovery plans.
The FAA recognizes that there are aviation operations outside of air carrier and commercial operations conducted under part 119 of title 14 of the Code of Federal Regulations (14 CFR) that are critical, including operations that support essential services and flights that support the COVID–19 public health emergency response efforts. These operations are likely to face disruption due to a decreased supply of qualified pilots resulting from the effects of the COVID–19 public health emergency including the reduced number of personnel available to administer required training, checking, and testing. Without the relief in this SFAR, beginning October 1, 2020, and with each month thereafter, a new group of pilots will become unavailable to perform critical operations due to an inability to comply with regulatory requirements. This SFAR will provide temporary relief to certain individuals whose qualifications would otherwise lapse to ensure there are a sufficient number of qualified personnel available to conduct essential aviation activities during this period. The FAA finds that this temporary action is needed to enable individuals to continue to exercise their airman certificate privileges as the impacts of the COVID–19 public health emergency continue.
This action is also needed to provide immediate notification to individuals facing impending expiration dates for certificates, endorsements, and test results.
Despite the gradual resumption of training, checking, and testing activities, the demand for completing these activities remains high because the industry has not yet been able to catch up from the backlog created during the initial closures and shutdowns. Affording flexibility in this final rule to the next group of affected individuals is necessary to manage the demand and account for a reduced number of personnel available to complete the activities. This final rule provides immediate relief from certain duration and renewal requirements to reduce unnecessary risk of exposure and to assure persons that they will not endure economic burdens due to non-compliance with certain regulations.
Accordingly, the FAA finds that providing notice and an opportunity to comment is contrary to the public interest, because any delay in implementation of this final rule could result in disruption to critical aviation operations and could increase the incidence of exposure during this public health emergency and into the period of recovery. Furthermore, the continually evolving public health situation as a result of, and State and local responses to, the COVID–19 public health emergency significantly limits how far in advance the FAA can usefully assess the need for the flexibilities provided for in this regulation.
In addition, for the same reasons stated above, the FAA finds good cause to waive the 30-day delay in effective date of this final rule under 5 U.S.C. 553(d)(3) for the SFAR provisions that address the training and qualification requirements. Because the APA also allows a substantive rule that relieves a restriction to become effective in less than 30 days after publication, the FAA finds that the SFAR provisions that provide relief by extending duration and renewal requirements may also be immediately effective. 5 U.S.C. 553(d)(1).
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 rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security; and 49 U.S.C. 44703(a), which requires the Administrator to prescribe regulations for the issuance of airman certificates when the Administrator finds, after investigation, that an individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. This rulemaking provides airmen relief from certain training, recency, testing, and checking requirements, and establishes qualification requirements for airmen seeking to conduct essential operations during the COVID–19 public health emergency. For these reasons, this rulemaking is within the scope of the FAA's authority.
The FAA's regulations contain several training, recent experience, testing, and checking requirements that persons must comply with prior to exercising their airman or crewmember privileges. The FAA's regulations also contain duration requirements, such as those pertaining to medical certificates, the validity of knowledge tests, and general procedures for completing a practical test. Persons continue to have difficulty complying with several of the FAA's requirements because of the ongoing effects of the COVID–19 public health emergency, including the continuation of social distancing guidelines to prevent transmission of the virus. For example, the FAA finds that there are increases in flight operations and improvements in the availability of facilities and personnel to provide training, testing, and checking; yet, reduced class sizes and disinfection protocols at facilities continue to present challenges in scheduling and completing required events. The FAA also finds that the availability of designees to complete practical tests and aviation medical exams has improved, but there are still challenges in some locations with an increase in the number of people competing to schedule events necessary to comply with regulatory requirements.
As a result, “lapses” in qualifications, which occur on the last day of each month, will affect an additional cohort of regulated parties at the end of each month even as State and local directives for phased recovery and routine activities resume. The regulatory relief provided in this final rule will amend the Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) Public Health Emergency final rule (SFAR 118–1) (85 FR 38763) issued by the FAA on June 25, 2020. This amendment will enable the continuity of aviation operations that are critical during the COVID–19 public health emergency and the recovery, including operations that support essential services and flights that support response efforts. In addition, the SFAR contains regulatory relief for persons who are unable to satisfy certain requirements to prevent those persons from enduring unnecessary economic burdens due to circumstances related to the public health emergency that are outside of their control. Finally, this amendment will extend relief to air carriers and operators allowing them to fly temporary overflow aircraft to a point of storage with a continuing authorization.
The FAA notes that no extension of relief has been granted to airmen who were eligible for relief in SFAR 118–1. The FAA also notes that, in this final rule, it is not expanding every area of relief provided in SFAR 118–1. Because the industry is seeing improvements in the availability of facilities for training, testing, and examinations and the number of persons available to conduct those activities is increasing, the extent of the relief in this final rule is reduced in many areas. The FAA expects that, with continued improvement over the next several months, no further relief will be necessary. Although this amended SFAR will remain effective through April 30, 2021, that date does not reflect the duration for every provision. As a result, airman, operators, and air agencies should review the eligibility, conditions, and duration of the SFAR carefully to ensure compliance.
The table below summarizes SFAR 118 and the amendments to it.
In March 2020, the FAA received several letters from industry associations petitioning the FAA for relief and extensions from certain requirements during the COVID–19 public health emergency.
On September 3, 2020, the FAA received a letter signed by the same seven industry associations as the previous May 2020 letter, seeking to expand the eligibility of the relief to additional groups of pilots, operators, and certificate holders who face expiring experience, testing, checking, duration, medical, and renewal requirements in October through December 2020.
Although the letter acknowledged that most aviation medical examiners (AMEs) are now scheduling appointments, it noted that additional flexibility would continue to be a benefit because there are still backlogs. The letter further stated that pilots who hold special issuance medical certificates or are required to supply the FAA with information regarding a medical condition may have difficulty obtaining the information in time due to the limited availability of treating specialists (
In addition, on May 19, 2020, the President issued Executive Order 13924, Regulatory Relief to Support Economic Recovery, setting forth “the policy of the United States to combat the economic consequences of COVID–19 with the same vigor and resourcefulness with which the fight against COVID–19 itself has been waged.” Among other things, the Executive order directed executive branch agencies to “address this economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery consistent with applicable law and with protection of the public health and safety. . . .” This final rule is consistent with this Executive order.
Without the expanded relief provided in this SFAR, certain persons are at risk of ceasing operations due to their inability to satisfy training and qualification requirements due to disruptions caused by the COVID–19 public health emergency. Aviation activity continues to increase, and industry is beginning to address the backlog of required events. However, many of the challenges that existed when the FAA first issued SFAR 118 remain today.
Airmen continue to have trouble complying with certain training, recency, checking, testing, duration, and renewal requirements. The Nation continues to transition to various phases of reopening throughout the country and authorities continue to promote social distancing and limiting exposure to slow the spread of the virus. To comply with many of the FAA's training, recency, checking, testing, duration, and renewal requirements, an airman is required to be in close proximity to another individual, often in a small, confined space such as the flight deck of an aircraft or inside a simulator. In such an environment, there is an increased risk of transmission of the virus.
As eligible airmen exercise the relief in SFAR 118–1 and reschedule training
Because this SFAR addresses multiple regulations from several parts of the Federal Aviation Regulations, the FAA has provided the necessary background information in the relevant sections of the Discussion of the Final Rule. The FAA emphasizes that, apart from the limited relief granted in this SFAR, individuals must continue to comply with all applicable FAA regulations.
Each of the following sections explains the relief being granted and the persons, airmen, or certificate holders eligible for the relief.
While the FAA is expanding the relief in SFAR 118–1 to a new group of airmen, it has not extended the period of relief provided to the group of airmen due in the months March through September 2020. The FAA maintains that limited extensions, not to exceed 3 calendar months (grace months), for training, checking, and currency requirements are acceptable in these extraordinary circumstances. Further extending the scope of the relief provided to the airmen covered by SFAR 118–1, however, presents an added risk to the system that the FAA does not broadly support. The grace months provided by the SFAR were to offer flexibility in scheduling the necessary events given the disruption caused by the COVID–19 public health emergency. The FAA further notes that, with aviation activity continuing to increase and the increased availability of personnel to complete training and checking activities, the FAA might not extend relief to additional groups of persons, airmen, and operators after this final rule provided this improvement continues. All certificate holders who are facing lapses in qualifications should seek to schedule the necessary events as soon as it is practical and safe to do so given individual circumstances.
As noted in the letters from industry, general aviation operators and crewmembers can be a key part of the U.S. infrastructure. The support that general aviation provides is particularly critical as the Nation continues to recover from the public health emergency. Because some phased recovery measures continue to recommend that people limit exposure through social distancing, and with the enhanced cleaning requirements for aircraft and facilities and facility capacity restrictions in some locations, some airmen will continue to have difficulty completing certain regulatory requirements in the short-term because the capacity for completing these events may be reduced. As aviation activity resumes, the capacity for training, testing, and checking is still not at pre-COVID–19 levels and the demand for these events exceeds the availability of qualified instructors, check airmen, and examiners in some locations. Therefore, the FAA finds temporary relief from some requirements is still necessary to maintain critical operations, increase flexibility in scheduling, and reduce burdens on airmen; however, the FAA is reducing the amount of additional time and flexibility in many of the relief areas as the industry is improving in its ability to absorb the demand. This reduction in additional time will also help facilitate the transition back to the regulatory training and checking intervals without further relief. To ensure compliance by the end of the grace periods, the FAA encourages airmen not to delay scheduling until the last possible moment.
Relief granted in this section to certain eligible pilots and crewmembers applies only to persons conducting specific operations for which the FAA has determined relief is appropriate. The overarching eligibility for relief in Section A remains unchanged from the original issuance of SFAR 118 and the first amendment; however, it is reiterated here for clarity. No individuals who obtained relief under SFAR 118–1 will receive an extension of that relief. Specific changes in the relief granted for individual sections will be discussed in those sections.
The relief applies to any operation that requires the pilot to hold at least a commercial pilot certificate. This provision will support the continuity of essential commercial operations, which include aerial observation of critical infrastructure, aerial applications (
In addition, this relief applies to some operations conducted by pilots exercising private pilot privileges, provided the pilot has at least 500 hours of total time as a pilot of which 400 hours is as PIC and 50 of the PIC hours were accrued in the last 12 calendar months. The kinds of operations permitted are those that are:
• Incidental to business or employment,
• In support of family medical needs or to transport essential goods for personal use,
• Necessary to fly an aircraft to a location in order to meet a requirement of this chapter, or
• A flight to transport essential goods and/or medical supplies to support public health needs.
This SFAR also extends to pilots conducting charitable medical flights for a volunteer pilot organization pursuant to an exemption issued under part 11, provided the pilots continue to comply with the conditions and limitations of the exemption. For flights conducted by private pilots under this relief, no one may be carried on the aircraft unless
This relief also extends to flight attendant crewmembers, check pilots, and flight instructors under part 91, subpart K, and part 125. Finally, this relief applies to operations conducted under part 107 of this chapter by a person who holds a remote pilot certificate issued under part 107.
This amendment to SFAR 118–1 addresses crewmember qualifications that may lapse in the next few months, provided the crewmember is eligible for the relief and satisfies the safety mitigations before exercising the privileges. The eligibility requirements and mitigations are discussed more fully in each subsection.
Part 61 prescribes the requirements for pilot, flight instructor, and ground instructor certification, which include training, recency, testing, and checking requirements. The FAA is providing relief for second-in-command (SIC) qualifications, pilot flight reviews, and the PIC proficiency check for pilots that operate aircraft that require more than one pilot flight crewmember or are turbojet-powered.
Section 61.55(b) states that no person may serve as SIC of an aircraft certificated for more than one required pilot flight crewmember or in operations requiring an SIC unless that person has, within the previous 12 calendar months, become familiar with certain information specific to the type of aircraft and performed and logged pilot time in the type of aircraft or in a flight simulator that represents the type of aircraft.
As a result, the FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that allowing eligible SICs two additional grace months for completing the requirements of § 61.55(b) would not present additional risk to aviation safety that cannot be mitigated.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.55 for all groups of pilots covered under the terms of the SFAR.
Section 61.56(c) states that no person may act as PIC of an aircraft, unless since the beginning of the 24th calendar month before the month in which that person acts as PIC, that person has accomplished a flight review in an aircraft for which that person is rated and the person's logbook has been endorsed for that review by an authorized instructor certifying the review was satisfactorily completed.
The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that extending the 24-calendar month requirement of § 61.56(c) is necessary. However, with increased aviation activity and growing availability of instructors, the FAA has determined that pilots whose flight review is due from October 2020 through January 2021 require at most two additional calendar months to complete their flight reviews instead of the three calendar months previously granted. This change acknowledges that some flexibility still is needed for scheduling these events, but the circumstances of the public health emergency no longer require an extension of three calendar months. The FAA also notes that the industry organizations requested a two-month extension for this next group of pilots whose flight reviews are coming due.
This extension will not adversely affect safety, provided the relief applies to active pilots and certain risk mitigations are met.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.56 for all groups of pilots covered under the terms of the SFAR.
Section 61.58 requires a PIC proficiency check for those pilots that fly an aircraft that requires more than one pilot or is turbojet-powered. Paragraph (a)(1) requires a pilot to complete a PIC proficiency check within the preceding twelve calendar months in an aircraft that is type certificated for more than one required pilot or is turbojet-powered. In addition, paragraph (a)(2) requires a pilot to accomplish, within the preceding 24 calendar months, a PIC proficiency check in the particular type of aircraft in which that person will serve as PIC that is type-certificated for more than one required pilot flight crewmember or is turbojet-powered.
The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that allowing two additional grace months for completing the PIC proficiency checks required by § 61.58(a)(1) and (2) does not present a risk to aviation safety that cannot be mitigated, as explained in SFAR 118.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.58 for all groups of pilots covered under the terms of the SFAR.
Part 91, subpart K, prescribes the additional rules that apply to private, general aviation fractional ownership programs. There are currently nine fractional ownership programs operating under part 91, subpart K. They range in size from managers with two aircraft to managers with over 500 airplanes and helicopters.
The crewmember testing and checking requirements are established in §§ 91.1065, 91.1067, 91.1069, and 91.1071. Recurrent training requirements for crewmembers are specified in §§ 91.1073, 91.1099, and 91.1107. These requirements cover the following activities and timelines for completion:
• Section 91.1065—pilot knowledge testing and competency checking requirements (completed within the previous twelve months before the pilot serves as a required crewmember);
• Section 91.1067—flight attendant crewmember testing requirements (completed within the previous twelve months before serving as a flight attendant crewmember);
• Section 91.1069(a) and (b)—instrument proficiency checking requirements for PICs (completed within the previous six months) and SICs (completed in previous twelve months);
• Section 91.1099—initial or recurrent training (completed within the previous twelve months before serving as a crewmember);
• Section 91.1107—crewmember recurrent training (completed within the previous twelve months before serving as a crewmember);
• Section 91.1069(c)—instrument approach procedure recency (demonstrated that type of approach within previous six months);
• Section 91.1071(a)—creates a grace month that allows a crewmember test or flight check required by subpart K to be completed in the month before or after the month it is required; and
• Section 91.1073(b)—creates a grace month that allows crewmember recurrent training required by subpart K to be completed in the month before or after the month it is required.
Subpart K of part 91 also contains instructor and check pilot qualifications in §§ 91.1089 through 91.1095. Sections 91.1089 and 91.1091 require check pilots and flight instructors qualified in simulators to fly at least two flight segments as a required crewmember for the type, class, or category of aircraft involved within the previous twelve-month period or complete an approved line-observation program within the period prescribed by that program. Paragraph (g) in both sections provides a grace month stating that the flight segments or line observations are considered complete if completed in the month before or the month after in which they are due. Sections 91.1093 and 91.1095 require that a person who conducts checking or instruction have satisfactorily completed an observation check within the preceding 24 months. Paragraph (b) in both sections also provides a grace month for the checks to be completed.
The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that extending the relief to a new group of individuals does not present a risk to aviation safety that cannot be mitigated under the conditions of SFAR 118.
The following table outlines the expiration of relief pertinent to part 91, subpart K for all crewmembers covered under the terms of the SFAR.
Subpart N of part 91 contains training, experience, and operating requirements specific to the Mitsubishi MU–2B series airplane. Except as specified in § 91.1703(b),
In addition, § 91.1705(b)(1) states that, except as specified in § 91.1703(b), a person may not manipulate the controls, act as PIC, or act as SIC, of a MU–2B series airplane for the purpose of flight unless that person satisfactorily completes, if applicable, recurrent pilot training on the special emphasis items and all items listed in the Training Course Final Phase Check in accordance with an FAA-approved MU–2B training program that meets the standards of subpart N of part 91.
Section 91.1703(e) requires a person to complete recurrent training within the preceding twelve months without the option of a grace month.
Section 91.1715(c) stipulates that completion of a flight review to satisfy the requirements of § 61.56 is valid for operation of a Mitsubishi MU–2B series airplane only if that flight review is conducted in a Mitsubishi MU–2B series airplane, or an MU–2B simulator approved for landings with an approved course conducted under part 142.
Under the extraordinary circumstances of the COVID–19 public health emergency, the FAA supports extending the relief previously granted for certain experienced pilots flying MU–2B series airplanes to a new group of pilots. This relief is not applicable to pilots that are required to complete initial/transition or requalification training in an MU–2B series airplane
With this final rule, a person may obtain one additional grace month to complete the recurrent training requirements.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to part 91, subpart N for all groups of pilots covered under the terms of the SFAR.
Part 125 certificated operators conduct non-common carriage operations. The FAA issues a Letter of Deviation Authority (LODA) for various kinds of operations to include airplane ferry, sales demonstrations, or training.
Section 125.287 requires a pilot of a part 125 operation to have passed a written or oral test given by the Administrator or a check airman every 12 calendar months and pass a competency check in the type of airplane flown in part 125 operations every 12 calendar months.
The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that extending the relief to a new group of pilots by allowing one additional grace month for completing the recurrent testing, checking, and training requirements does not present a risk to aviation safety that cannot be mitigated. However, in a change from SFAR 118–1, the FAA is granting only an additional thirty days for completing the three required takeoffs and landings. With aviation activity increasing, there are increased opportunities to gain the required takeoffs and landings when compared to the circumstances the industry faced in the original SFAR, and a sixty-day extension is no longer warranted. The requirements of this SFAR ensure that certificate holders and A125 LODA holders demonstrate a plan to mitigate any potential risk introduced by extending flight crewmember qualifications.
The relief in this final rule applies to requirements for currently qualified flight crewmembers only, whose base month is October 2020 through January 2021. It does not apply to requirements for the training and qualification of new personnel. To utilize the relief provided by this SFAR, the certificate holder or A125 LODA holder must provide an acceptable risk mitigation plan as described in SFAR 118.
The following table outlines the expiration of relief pertinent to part 125 for all crewmembers covered under the terms of the SFAR.
SFAR 73 established special training and experience requirements for pilots operating the Robinson model R–22 or R–44 helicopters to maintain safe operation of these helicopters.
To act as PIC of a Robinson R–22 or R–44 helicopter, SFAR 73 requires the person to complete the flight review required under § 61.56 in an R–22 or R–44 helicopter, as appropriate to the PIC privileges sought, if the person has at least 200 flight hours in helicopters of which at least 50 flight hours are in the applicable Robinson model helicopter for which the person has PIC privileges.
Under the extraordinary circumstances of the COVID–19 public health emergency, the FAA has determined that the PIC of an R–22 or R–44 is compliant with SFAR 73 if the person meets the recency requirements of § 61.56 established in this SFAR in an R–22 or R–44, or both, as appropriate.
For the relief in this SFAR, the flight review must include SFAR 73 awareness training subjects in paragraph 2(a)(3) and the flight training subjects in paragraph 2(b). R–22 or R–44 pilots whose flight review is due in October 2020 through January 2021 may extend an additional two calendar months, provided the pilots meet the requirements prescribed in SFAR 118.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to SFAR 73 for all groups of pilots covered under the terms of the SFAR.
Maintaining the continuity of operations through the relief in section A of this document is important to ensure the stability of essential functions of the U.S. transportation system. The FAA also finds that it is appropriate to provide relief for additional persons for certain duration and renewal requirements because the COVID–19 public health emergency has continued to make compliance difficult. Without extending this short-term relief, some certificate holders will not have the flexibility necessary to schedule testing events or medical exams due to the backlog of required events and the availability of FAA examiners and designees.
The relief discussed more fully in the following sections responds to continued disruptions that have prevented certificate holders from seeking timely renewals of certificates or from completing certain testing activity before expiration dates have passed. Because disruptions have continued as activities resume, the FAA is providing the relief for periods of time deemed necessary to alleviate the burden. The FAA notes that, because of the increased activity and availability of personnel to conduct the exams or testing events, the length of the relief available is reduced in most cases. The FAA has determined, under the extraordinary circumstances of the COVID–19 public health emergency, that this relief will not adversely affect safety because it is narrowly focused on a small segment of the regulated community, it will be in effect for a short duration, and the regulations will provide safeguards to ensure an appropriate level of safety is maintained.
The FAA is granting temporary regulatory relief from the validity dates for medical certificates. This relief is further described in B.1.a and B.2.a. The FAA also recognizes that the inability to complete a practical test at this time may still be outside the applicant's control due to the available capacity of FAA inspectors or designees who can conduct the practical tests. As a result, the FAA is providing relief to extend the knowledge test validity period as described in B.1.b. As explained in the following sections, however, the FAA has decreased the period of relief in most instances due to improved capacity available, relative to earlier in the COVID–19 public health emergency, for persons to complete medical examinations and airman testing activities throughout the country.
Section 61.2(a)(5) states that no person may exercise privileges of a medical certificate issued under 14 CFR part 67 if the medical certificate is expired according to the duration standards set forth in § 61.23(d). Section 61.23(d) states that the duration of a medical certificate depends on the age of the person on the date of the medical examination, the duty position in which the person is serving, the type of operation the person is conducting, and the class of certificate.
With the original SFAR 118, the FAA provided relief from medical certificate duration requirements to all pilots to encompass all operations subject to §§ 61.2, 61.23, and 63.3. In the first amendment to the SFAR, the FAA noted that, although some routine activity was resuming and AMEs were beginning to see patients, additional relief was necessary to address the large volume of pilots that needed medical examinations and to give flexibility in scheduling.
Since June, the FAA has seen a continued increase in the availability of its AMEs such that more than 90 percent are currently seeing patients for aviation medical examinations. The September letter from the industry, while noting this improvement, stated that there are still some backlogs and additional relief for the next group of pilots is warranted. The industry letter explained that pilots who hold a special issuance medical certificate, or otherwise are required to supply the FAA with updates on certain medical conditions, may benefit from an extended validity period due to the additional time it may take to see specialists for those conditions and to supply the FAA with that information.
The FAA acknowledges there are some localized backlogs and has identified a few locations that still do not have an available AME. As a result, some pilots may be required to find a new AME to conduct the medical exam and possibly even travel a greater distance from their home to access an available AME. The FAA further notes that its processing of special issuance medicals is taking slightly longer in some cases due to COVID–19 as its workforce continues to address the increased volume of medical records under review. For these reasons, and to afford pilots the flexibility necessary to get the medical visits scheduled, the FAA is extending the validity of medical certificates due to expire in each of the months from October 2020 through January 2021. However, for persons living and serving as pilots in operations outside of Alaska, this extension is for a period of only two calendar months.
In the FAA's assessment of available AMEs, it notes that Alaska continues to have lapses in AME coverage that will require some pilots to travel a significant distance to obtain a medical examination. Locations without an AME include Juneau, Skagway, Homer, and Kenai. Given the many unique areas in Alaska, some pilots will be required to travel by air to another location within the state to get to an AME. Because of the unique circumstances of the COVID–19 public health emergency and the lack of available AMEs in Alaska, the FAA is extending for up to three calendar months the validity of medical certificates due to expire in each of the months from October 2020 through January 2021 for pilots that reside in Alaska or serve as a pilot of an aircraft in Alaska.
The FAA notes that the provisions of this SFAR do not extend to the requirements of § 61.53 regarding prohibition on operations during medical deficiency. These prohibitions remain critical for all pilots to observe, especially given the policy of emergency accommodation announced here and the health threat of COVID–19. Accordingly, the FAA emphasizes that under § 61.53, no person who holds a medical certificate issued under 14 CFR part 67 may act as a required pilot flight crewmember while that person:
(1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or
(2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation.
The FAA reiterates that no additional relief has been provided to pilots who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.23 for all groups of pilots covered under the terms of the SFAR.
Section 61.39 establishes the eligibility requirements for an applicant seeking to take a practical test for a certificate or rating issued under part 61. Among these requirements, an applicant must have passed the required FAA knowledge test within a specified period. Except for the multiengine airplane airline transport pilot (ATP) certificate, FAA knowledge tests are valid for 24 calendar months.
Because of the COVID–19 public health emergency, an applicant may not have been able to complete a practical test, as planned, prior to the expiration of his or her knowledge test. If an applicant's knowledge test expires before he or she can complete the practical test, that applicant is required to pass another knowledge test prior to completing the practical test. It costs a person $96–$160 per test,
Although the FAA is seeing increased activity in practical testing activities by its examiners and designees such that activity is approaching pre-COVID–19 levels, the initial disruptions created a backlog that still exists as applicants continue to have trouble scheduling practical tests in some cases. As a result, the FAA has determined, under the extraordinary circumstances of the COVID–19 public health emergency, that it is necessary to amend the regulatory relief originally provided in SFAR 118–1 to extend the validity period of knowledge tests for an additional group of individuals. However, because of the increased activity and improved availability of personnel to conduct practical tests, the FAA is limiting the relief available. Individuals who have knowledge tests expiring between October 2020 and January 2021 will have two additional calendar months to complete their practical test. Therefore, this final rule will allow an individual who has a knowledge test expiring between October 2020 and January 2021 to present the expired knowledge test to show eligibility under § 61.39(a)(1) to take a practical test for a certificate or rating issued under part 61 for an additional two calendar months.
In addition to passing a knowledge test, the eligibility requirements for taking a practical test require an applicant to satisfactorily accomplish the required training and obtain the aeronautical experience required for the certificate or rating sought.
The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 61.39 for all applicants covered under the terms of the SFAR.
As previously described, the FAA is amending the temporary relief from the expiration of medical certificates to provide additional time for airmen to accomplish medical examinations and obtain new medical certificates. Similarly, medical relief for flight engineers is necessary as described in B.2.a. Extending knowledge test passing results for flight engineers is also necessary and explained in B.2.b.
Section 63.3(b) states that a person may act as a flight engineer of an aircraft only if that person holds a current second-class medical certificate issued to that person under part 67. For the reason previously stated in section B.1.a and subject to the same conditions and limitations, the FAA has determined that flight engineers may operate with a medical certificate that has had its validity period extended for a period not to exceed two calendar months without creating a risk to aviation safety that is unacceptable under the extraordinary circumstances surrounding the COVID–19 public health emergency. Accordingly, the FAA is amending SFAR 118–1 and extending the validity period for medical certificates that expire in each month from October 2020 through January 2021 by two calendar months for flight engineers that do not live in Alaska or serve as a flight engineer in Alaska.
Consistent with the relief to pilots that reside in Alaska or serve as a flight engineer of an aircraft in Alaska explained in section B.1.a, flight engineers who reside in Alaska or serve as a flight engineer in an aircraft in Alaska will be granted additional relief not to exceed an extension of three calendar months. In this unique circumstance, those flight engineers who hold medical certificates that expire in each month from October 2020 through January 2021 will have up to three calendar months to obtain a medical certificate.
The FAA notes that the provisions of this SFAR do not extend to the requirements of § 63.19 regarding prohibition on operations during physical deficiency. These prohibitions remain critical for all flight engineers to observe, especially given the policy of emergency accommodation announced here and the health threat of COVID–19. Accordingly, the FAA emphasizes that under § 63.19, no person who holds a medical certificate issued under 14 CFR part 67 may serve as a flight engineer during a period of known physical deficiency, or increase in physical deficiency, that would make him or her unable to meet the physical requirements for his or her current medical certificate.
The FAA reiterates that no additional relief has been provided to flight engineers who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 63.3 for all groups of flight engineers covered under the terms of the SFAR.
Section 63.35 establishes the knowledge requirements for a person seeking a flight engineer certificate. Paragraph (d) states the applicant for a flight engineer certificate or rating must have passed the written tests required by paragraphs (a) and (b) since the beginning of the 24th calendar month before the month in which the flight is taken.
For the reasons discussed in section B.1.b of this preamble and subject to the same condition and limitations, the FAA is also amending the relief in SFAR 118–1 to expand it to include persons seeking a flight engineer certificate under part 63 who have written tests expiring between October 2020 and January 2021. Consistent with the relief provided to pilot applicants under part 61, the FAA is extending the validity of written tests under part 63 for a duration of two calendar months.
The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 63.35 for all applicants covered under the terms of the SFAR.
As described for pilots and flight engineers, extending knowledge test and written test results for aircraft dispatchers and mechanics, respectively, is also warranted and further described in B.3.a. and B.3.b. The FAA finds, under the extraordinary circumstances of the COVID–19 public health emergency, that the relief provided to part 65 airmen will not adversely affect safety because it is narrowly focused on a small segment of the regulated community, it will be in effect for a short period of time, and the existing regulations will provide adequate safeguards to ensure an appropriate level of safety is maintained.
Section 65.55 establishes the knowledge requirements for a person seeking an aircraft dispatcher certificate. Paragraph (b) requires the applicant for an aircraft dispatcher certificate to present passing knowledge test results within the preceding 24 calendar months.
For the reasons discussed in section B.1.b and subject to the same conditions and limitations, the FAA, under the extraordinary circumstances of the COVID–19 public health emergency, is also amending the relief in SFAR 118 to extend it to persons seeking an aircraft dispatcher certificate under part 65 who have knowledge tests expiring between October 2020 and January 2021. Therefore, consistent with the relief provided to pilot applicants under part 61 and flight engineer applicants under part 63, the FAA is extending the validity of knowledge tests under § 65.55 for a duration of two calendar months. Accordingly, an individual who has a knowledge test expiring between October 2020 and January 2021 may present the expired knowledge test to show eligibility under § 65.55 to take a practical test for an aircraft dispatcher certificate for a period of two calendar months.
The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table outlines the expiration of relief pertinent to § 65.55 for all applicants covered under the terms of the SFAR.
Section 65.71 establishes the eligibility requirements for a mechanic certificate and associated ratings. Paragraph (a)(3) requires an applicant to have passed all the prescribed tests within a period of 24 months from the initiation of testing. Testing for a FAA mechanic certificate includes three tests, which are the written, oral, and practical.
For the reasons discussed in section B.1.b of this preamble, the FAA, under the extraordinary circumstances of the COVID–19 public health emergency, is also amending SFAR 118 and extending the relief to persons seeking a mechanic certificate or rating issued under part 65 who have testing periods expiring between October 2020 and January 2021. Therefore, consistent with the relief provided under parts 61 and 63, the FAA is extending the validity of the testing period under § 65.71 for a duration of two months. Accordingly, an individual who has a testing period expiring in October through January 2021 may show eligibility under § 65.71 to take a practical test for a mechanic certificate or rating provided the testing period does not exceed 26 months.
The FAA reiterates that no additional relief has been provided to applicants who obtained relief under the original SFAR and the first extension. The following table generally outlines the expiration of relief pertinent to § 65.71 for all applicants covered under the terms of the SFAR. Because mechanic testing periods do not use a calendar month, the exact date when the period started will determine the exact date of expiration of SFAR relief.
Section 21.197(c) provides that a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements, but are capable of safe flight, for the purpose of flying aircraft to a base where maintenance or alterations are performed. In the original SFAR, the FAA provided relief through December 31, 2020 to certificate holders and operators authorized to conduct operations under part 119 or under subpart K of part 91 for ferrying aircraft that may not meet all airworthiness requirements, but are capable of safe flight, to a point of storage.
Although airline and fractional ownership operations have increased since March, they still remain well below the typical volume of flights on a daily basis, resulting in a continued need for aircraft storage. As the public health emergency continues to impact those sectors of the aviation industry, locations selected for temporary storage may not be adequate for this longer period (
Changes to Federal regulations must undergo several analyses. First,
In conducting these analyses, the FAA has determined this rule is not a significant regulatory action, as defined in section 3(f) of Executive Order 12866 and under DOT rulemaking procedures. As notice and comment under 5 U.S.C. 553 are not required for this final rule, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 regarding impacts on small entities are not required. This rule will not create unnecessary obstacles to the foreign commerce of the United States. This rule will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector, by exceeding the threshold identified previously. To take advantage of the relief from this SFAR, this rule will result in a one-time collection of information for affected operators and pilot schools to submit plans to mitigate safety risks and ensure proficiencies.
The provisions in this final rule amend the regulatory relief provided in SFAR 118–1. The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. Without the relief in this SFAR, beginning October 1, 2020, and with each month thereafter, a new group of pilots will become unavailable to perform critical operations due to an inability to comply with regulatory requirements. This relief allows affected operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. In addition, this rule provides regulatory relief to persons unable to meet duration and renewal requirements due to the public health emergency.
The regulatory relief in this amendment will enable the continuity of aviation operations that are critical during the COVID–19 public health emergency and recovery, including operations that support essential services and flights that support response efforts. In addition, this rule contains regulatory relief for persons who are unable to satisfy certain requirements, to prevent those persons from enduring unnecessary economic burdens due to circumstances related to the public health emergency that are outside of their control. This rule also provides additional flexibility for scheduling training and qualification activities as the U.S. continues its various phases of reopening.
In addition, this relief applies to some operations conducted by pilots exercising private pilot privileges, provided the pilot has at least 500 hours of total time as a pilot of which 400 hours is as PIC with 50 of the PIC hours accrued in the last twelve calendar months. As previously discussed, the kinds of operations permitted include, but are not limited to, flights to transport essential goods and/or medical supplies to support public health needs. This rule also extends to pilots conducting charitable medical flights for a volunteer pilot organization pursuant to an exemption issued under part 11, provided the pilots continue to comply with the conditions and limitations of the exemption.
In addition to pilots, this rule provides temporary relief to other persons such as flight attendant crewmembers, aircraft dispatchers, flight engineers, mechanics, and instructors. This relief extends to flight attendant crewmembers, check pilots, and flight instructors under subpart K of part 91, and part 125.
This rule will result in small costs for affected operators to notify the FAA and submit plans to mitigate safety risks and ensure proficiencies. To take advantage of the extended relief provided by this rule, an affected certificate holder or A125 LODA holder will be required to submit a new or revised mitigation plan to its assigned FAA principal operations inspector. The plan will contain a safety analysis and corresponding risk mitigations and methods to ensure that each crewmember remains adequately tested and currently proficient for each aircraft, duty position, and type of operation in which the person serves. Similarly, part 91 management specifications holders must also conduct a safety analysis and provide appropriate mitigations in a plan to their FAA principal inspector that addresses potential risks introduced by extending crewmember, check pilot, and flight instructor qualifications, training, and checking. The plan must ensure crewmembers remain adequately trained and currently proficient for each aircraft, crewmember position, and type of operation in which the crewmember serves.
The FAA expects these plans to contain existing information maintained by affected operators. The FAA does not expect these plans to be burdensome.
Therefore, the FAA expects the benefits of this action exceed the costs since it provides additional relief to enable operators to continue to use pilots and other crewmembers in support of essential operations. As a result, this rule will reduce disruption to the continuity of essential services in response to the COVID–19 public health emergency. This rule also provides extended relief from certain duration and renewal requirements to reduce unnecessary risk of exposure and to assure persons that they will not endure economic burdens due to non-compliance with certain regulations.
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 an agency is required by 5 U.S.C. 553, or any other law, 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 being required by that section or
The Trade Agreements Act of 1979 (Pub. L. 96–39) 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 this Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this final rule and determined that its purpose has a legitimate domestic objective to promote the continuity and safety of U.S. civil aviation from risks of the COVID–19 public health emergency while supporting essential services necessary to fight the public health emergency. Therefore, the FAA has determined this final rule complies with the Trade Agreements Act of 1979.
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million.
This final rule does not contain such a mandate. Therefore, the requirements of Title II of the Act do not apply.
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.
As previously discussed, to utilize the temporary relief provided by this SFAR amendment, an affected certificate holder or a part 125 LODA holder must provide a plan to its assigned FAA principal operations inspector. The plan is to contain a safety analysis and corresponding risk mitigations and methods to ensure that each crewmember remains adequately tested and currently proficient for each aircraft, duty position, and type of operation in which the person serves.
While SFAR 118–1 provided relief in the form of a grace period for those entities whose base month for completing the recurrent testing, checking, and training requirements was March through September 2020, this final rule extends the grace period to those whose base month falls in October 2020 through January 2021. A part 125 certificate holder or A125 LODA holder will, therefore, be required to submit a new or revised mitigation plan to take advantage of the relief provided in this amendment.
In SFAR 118–1, the FAA estimated that of the 69 part 125 certificate holders and A125 LODA holders, all would avail themselves of the relief provided by SFAR 118–1, and therefore would be required to provide mitigation plans to their assigned principal operations inspector. This action was in addition to the plans submitted for the original SFAR 118 by all 69 part 125 certificate holders and A125 LODA holders. For this final rule, the FAA estimates that those same 69 part 125 certificate holders and A125 LODA holders will avail themselves of the extended grace period for those entities whose base month falls in October 2020 through January 2021 and will submit new or revised mitigation plans. The FAA continues to estimate that each respondent would spend two hours preparing and submitting its plan, for a total of 138 hours. The FAA believes the additional paperwork burden would be borne by the director of operations. At $51 per hour multiplied by 138 total hours, the FAA estimates the total burden to part 125 certificate holders and A125 LODA holders for this amendment to be $7,038.
The FAA estimates that it would require an Aviation Safety Inspector (ASI) one hour to review and analyze a plan submitted by a part 125 certificate holder or A125 LODA holder. With 69 part 125 certificate holders or A125 LODA holders estimated to have submitted a plan to take advantage of the relief in SFAR 118, and the same 69 part 125 certificate holders and A125 LODA holders estimated to have submitted a new or revised plan for SFAR 118–1, and the same 69 part 125 certificate holders and A125 LODA holders are expected to submit a new or revised plan for this amendment, the total number of plans for review by an ASI is 207. The total number of plans to review multiplied by the hourly wage of a GS–13 FAA ASI results in an estimated burden to the FAA of $20,580 (207 responses × 1 hour × $99.42 = $20,580).
As provided under 5 CFR 1320.13, Emergency Processing, and the Paperwork Reduction Act and its implementing regulations, DOT requested emergency processing to amend the temporary collection of information previously approved under emergency processing with the original SFAR (OMB 2120–0788). DOT could not reasonably comply with normal clearance procedures because the information is necessary to provide temporary relief to persons who have been unable to meet certain requirements during the COVID–19 public health emergency. Without this information, certain individuals will not be able to continue exercising privileges in support of essential operations due to their inability to satisfy certain training, recent experience, testing, and checking requirements. The use of normal clearance procedures would have resulted in increased economic burden, disruption to critical aviation operations, and increased risk of exposure during this public health emergency. Due to the pressing considerations associated with the
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. On April 3, 2020, ICAO issued a State Letter (AN 11/55–20/50) to address operational measures States are taking to ensure safe operations during the COVID–19 public health emergency. ICAO recognized the varying needs of the States to provide relief and encouraged States to be flexible in their approaches for relief while also adhering to their obligations under the Convention on International Civil Aviation. During this period of relief, ICAO is paying particular attention to the SARPs related to certificates and licenses. ICAO has established a process for States to file temporary differences through a COVID–19 Contingency-Related Differences (CCRDs) sub-system, which is accessible through ICAO's Continuous Monitoring Approach (CMA) Online Framework of Electronic Filing of Differences (EFOD) dashboard that States use normally to file differences related to the Annexes. When States are submitting their differences, ICAO is requiring the State also to indicate whether it will recognize the differences of other States. FAA has already filed temporary differences with some of the relief it has given through exemptions under 14 CFR part 11 and has indicated it will recognize other States' differences unless the FAA deems safety is being compromised. ICAO tentatively plans to maintain the CCRD sub-system through March 31, 2021.
The FAA has reviewed the corresponding ICAO SARPs and has identified the following differences with these proposed regulations. In Annex 1, section 1.2.4.4.1, a medical assessment can be extended at the FAA's discretion up to 45 days. With this final rule, the FAA is extending the validity by two calendar months for pilots with expiring medicals between October 2020 and January 2021, with the exception of pilots and flight engineers who reside in Alaska or serve as a pilot or flight engineer in an aircraft in Alaska (for whom the FAA is extending the validity by three months). As a result, the FAA will update the temporary difference filed with ICAO.
In Annex 6, Part 2, Section 3.9.4.2, a PIC is required to have made three takeoffs and landings within the preceding ninety days on the same type of airplane or in a flight simulator prior to serving as a PIC in that airplane. With this final rule, the FAA is extending the look-back period by 30 days for PICs conducting operations under part 125. As a result, the FAA will update the temporary difference filed with ICAO.
In Annex 6, Part 2, Section 3.9.4.3, an SIC is required to have made three takeoffs and landings within the preceding ninety days on the same type of airplane or in a flight simulator prior to serving as a SIC in that airplane. With this final rule, the FAA is extending the look-back period by 30 days for SICs conducting operations under part 125. As a result, the FAA will update the temporary difference filed with ICAO.
Apart from this SFAR's application within the United States, certificate holders or operators may dispatch or release flights, and pilots and crewmembers may operate outside of the United States under this SFAR, unless otherwise prohibited by a foreign country. For international operations where pilots and crewmembers will exercise the relief identified here, they must have access to this SFAR when outside the United States. In accordance with the Convention on International Civil Aviation (Chicago Convention), and its Annexes, pilots and crewmembers must present a copy of this SFAR for inspection upon request by a foreign civil aviation authority.
The FAA has analyzed this action under Executive Order 12114, Environmental Effects Abroad of Major Federal Actions (44 FR 1957, January 4, 1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114 requires the FAA to be informed of environmental considerations and take those considerations into account when making decisions on major Federal actions that could have environmental impacts anywhere beyond the borders of the United States. Like SFAR 118, the FAA has determined that this action is exempt pursuant to Section 2–5(a)(i) of Executive Order 12114 because it does not have the potential for a significant effect on the environment outside the United States.
In accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 8–6(c), the FAA has prepared a memorandum for the record stating the reason(s) for this determination and has placed it in the docket for SFAR 118 (the same docket for this rulemaking). The FAA reviewed the memorandum it added to the docket to support SFAR 118 and finds the determination applies to this rule unchanged.
The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency 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, does not have federalism implications.
The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a “significant energy action” under the Executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
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. As described in Section IV. F., International Compatibility, the FAA is working with ICAO and other foreign Civil Aviation Authorities (CAAs) on the kind of relief provided by this SFAR. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. The provisions in this final rule provide temporary relief to persons who are unable to meet certain requirements during the COVID–19 public health emergency and prevents persons from encountering situations that would unnecessarily increase the risk of
This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866.
An electronic copy of a rulemaking document may be obtained by using the internet—
1. Search the Federal eRulemaking Portal (
2. Visit the FAA's Regulations and Policies web page at
3. Access the Government Printing Office's web page at
Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677.
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires 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
Aircraft, Aviation safety, Exports, Imports, Reporting and recordkeeping requirements.
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements, Security measures, Teachers.
Aircraft, Airman, Aviation safety, Navigation (air), Reporting and recordkeeping requirements, Security measures.
Air traffic controllers, Aircraft, Airmen, Airports, Aviation safety, Reporting and recordkeeping requirements, Security measures.
Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, Reporting and recordkeeping requirements, Transportation.
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements, Security measures, Signs and symbols.
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Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools.
In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations, as follows:
42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 40113, 44701–44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 106(g), 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).
1.
(a) Certain persons who are unable to meet the following requirements during some period between March 1, 2020 and January 31, 2021—
(1) Training, recency, testing and checking requirements specified in parts 61, 91, 107, and 125 of this chapter, and SFAR No. 73 of this part; and
(2) Duration and renewal requirements specified in parts 61, 63, 65, and 141 of this chapter, and SFAR No. 100–2 of this part; and
(b) Certain air carriers and operators who are unable to obtain special flight permits with a continuing authorization under part 21 of this chapter for the purpose of flying the aircraft to a point of storage.
2.
(a)
(1) Operations conducted for compensation or hire under parts 91, 125, 133, and 137 of this chapter by persons who are exercising the privileges of at least a commercial pilot certificate issued under this part;
(2) Operations conducted by persons who are exercising the privileges of a private pilot certificate issued under this part, provided the person meets one of the following paragraphs—
(i) The person is conducting a charitable medical flight for a volunteer pilot organization pursuant to an exemption issued under part 11 of this chapter, and the flight involves only the carriage of persons considered essential for the flight;
(ii) The person is conducting an agricultural aircraft operation under a private agricultural aircraft operating certificate issued in accordance with § 137.19 of this chapter;
(iii) The person has at least 500 hours of total time as a pilot, that includes at least 400 hours as a pilot in command and at least 50 hours that were accrued within the preceding 12 calendar months, and the person is conducting one of the following operations consistent with the compensation or hire exceptions specified in § 61.113:
(A) A flight incidental to that person's business or employment;
(B) A flight in support of family medical needs or to transport essential goods for personal use;
(C) A flight necessary to fly an aircraft to a location in order to meet a requirement of this chapter; or
(D) A flight to transport essential goods and medical supplies to support public health needs;
(3) For operations conducted under part 91, subpart K, and part 125 of this chapter, persons who are serving as flight attendant crewmembers, check pilots, and flight instructors; and
(4) Operations conducted under part 107 of this chapter by a person who holds a remote pilot certificate issued under part 107 of this chapter.
(b)
(1)
(B) Notwithstanding the period specified in § 61.55(c), a person who is required to complete the second-in-command familiarization and currency requirements under § 61.55(b)(1) and (2) between October 1, 2020 and January 31, 2021 for purposes of maintaining second-in-command privileges may complete the requirements of § 61.55(b)(1) and (2) in the month before or two months after the month in which they are required, provided the pilot meets the requirements of paragraph 2.(b)(1)(ii) of this SFAR.
(C) A pilot who meets the requirements of § 61.55(b)(1) and (2) in accordance with paragraph 2.(b)(1)(i)(A) or paragraph 2.(b)(1)(i)(B) of this SFAR will be considered to have completed the requirements in the month in which they were due.
(ii)
(A) Must review and become familiar with the following information for the specific type of aircraft for which second-in-command privileges are sought—
(1) Operational procedures applicable to the powerplant, equipment, and systems;
(2) Performance specifications and limitations;
(3) Normal, abnormal, and emergency operating procedures;
(4) Flight manual; and
(5) Placards and markings; and
(B) Prior to serving as second-in-command, must have logged at least three takeoffs and landings to a full stop as the sole manipulator of the flight controls within the 180 days preceding the date of the flight.
(2)
(i)
(ii)
(A) Within the 12 calendar months preceding the month in which the flight review is due, logged at least 10 hours of flight time as pilot in command in an aircraft for which that pilot is rated; and
(B) Since January 1, 2020 and preceding the date of flight, completed online Wings courses for pilots from the FAA Safety Team website, available at
(iii)
(B) A person who is required to complete a flight review under § 61.56 between October 1, 2020 and January 31, 2021 may act as pilot in command of an aircraft for a duration of two calendar months from the month in which the flight review was due. Before acting as pilot in command of an aircraft in the third month after the month in which the flight review was due, the person must satisfactorily complete a flight review in accordance with § 61.56.
(3)
(i)
(A) Within the 6 calendar months preceding the month of the flight, performed and logged at least three instrument approaches in actual weather conditions, or under simulated conditions using a view-limiting device; and
(B) Within the 9 calendar months preceding the month of the flight, performed and logged the tasks required by § 61.57(c)(1).
(ii)
(iii)
(4)
(B) Notwithstanding the period specified in § 61.58(i), a pilot who is required to take a pilot in command proficiency check under § 61.58(a)(1) or (2) between October 1, 2020 and January 31, 2021 for purposes of maintaining pilot in command privileges may complete the check in the month before or two months after the month in which it is required, provided the pilot meets
(C) A pilot who completes the proficiency check within the period prescribed by this paragraph 2.(b)(4)(i)(A) or paragraph 2.(b)(4)(i)(B) of this SFAR will be considered to have completed the check in the month in which it was required.
(ii)
(A) Must meet the flight experience requirements of § 61.57 that are applicable to the operation to be conducted; and
(B) Within the 3 calendar months preceding the month of the flight, must have reviewed the following information for the specific type of aircraft for which pilot in command privileges are sought—
(1) Operational procedures applicable to the powerplant, equipment, and systems;
(2) Performance specifications and limitations;
(3) Normal, abnormal, and emergency operating procedures;
(4) Flight manual; and
(5) Placards and markings.
(5)
(i)
(B) Notwithstanding the period specified in § 91.1071(a) of this chapter, a crewmember who is required to take a test or a flight check under § 91.1065(a), § 91.1065(b), § 91.1067, § 91.1069(a), or § 91.1069(b) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the test or check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
(C) A crewmember who completes a test or check in accordance with paragraph 2.(b)(5)(i)(A) or paragraph 2.(b)(5)(i)(B) of this SFAR will be considered to have completed the test or check in the month in which it was required.
(ii)
(B) Notwithstanding the period specified in § 91.1073(b) of this chapter, a crewmember who is required to complete recurrent training under § 91.1099 or § 91.1107(c) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete that training in the month before or two months after the month in which it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
(C) A crewmember who completes recurrent training in accordance with this paragraph 2.(b)(5)(ii)(A) or paragraph 2.(b)(5)(ii)(B) will be considered to have completed the training in the month in which it was required.
(iii)
(A)
(
(
(
(B)
(
(
(
(iv)
(B) Notwithstanding the period specified in §§ 91.1089(g) and 91.1091(g) of this chapter, a check pilot (simulator) or flight instructor (simulator) who is required to complete the flight segments or line-observation program under § 91.1089(f) or § 91.1091(f) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the flight segments or line-observation program requirements in the month before or two months after the month they are required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
(C) A check pilot (simulator) or flight instructor (simulator) who completes the flight segments or line-observation program requirements in accordance with this paragraph 2.(b)(5)(iv) will be considered to have completed the requirements in the month in which they were due.
(v)
(B) Notwithstanding the period specified in §§ 91.1093(b) and 91.1095(b) of this chapter, a check pilot or flight instructor who is required to complete an observation check under § 91.1093(a)(2) or § 91.1095(a)(2) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualification may complete the observation check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(5)(vi) of this SFAR are met.
(C) A check pilot or flight instructor who completes an observation check in accordance with this paragraph 2.(b)(5)(v) will be considered to have completed the check in the month it which it was due.
(vi)
(A) A safety analysis and corresponding risk mitigations to be implemented by the management specification holder; and
(B) The method the management specification holder will use to ensure that each crewmember complying with paragraph 2.(b)(5) of this SFAR remains adequately tested and currently proficient for each aircraft, duty position, and type of operation in which the person serves.
(6)
(i)
(B) Notwithstanding the period specified in § 91.1705(e) of this chapter, a person who is required to complete recurrent training under § 91.1703(e) of this chapter between October 1, 2020 and January 31, 2021 for purposes of complying with § 91.1705(a) and (b) may complete the recurrent training in the month before or two months after the month the recurrent training is required, provided the requirements of paragraph 2.(b)(6)(iii) of this SFAR are met.
(C) A person who completes the recurrent training in accordance with this paragraph 2.(b)(6)(i) will be considered to have completed the training in the month it was required.
(ii)
(A)
(
(
(B)
(iii)
(A) Within the 12 calendar months preceding the month the recurrent training or flight review is due, logged at least 10 hours of flight time in an MU–2B series airplane that includes at least 3 hours of flight time in the 3 calendar months preceding the month in which the recurrent training or flight review is due;
(B) Since January 1, 2020, completed online Wings courses for pilots from FAA Safety Team website, available at
(C) Prior to manipulating the controls of an MU–2B series airplane, completed three hours of self-study, since January 1, 2020 and preceding the date of the flight, on the following subjects—
(7)
(i)
(ii)
(iii)
(8)
(i)
(A)
(B)
(ii)
(B) Notwithstanding the period specified in § 125.293(a) of this chapter, a crewmember who is required to take a test or check under § 125.287(a), § 125.287(b), § 125.289, or § 125.291(a) of this chapter between October 1, 2020 and January 31, 2021 for purposes of maintaining qualifications may complete the test or check in the month before or two months after the month it is required, provided the requirements of paragraph 2.(b)(8)(iii) of this SFAR are met.
(C) A crewmember who completes the test or check in accordance with this paragraph 2.(b)(8)(ii) will be considered to have completed the test or check in the month in which it was required.
(iii)
(A) A safety analysis and corresponding risk mitigations to be implemented by the certificate holder (or holder of an A125 letter of deviation authority); and
(B) The method the certificate holder (or holder of an A125 letter of deviation authority) will use to ensure that each crewmember complying with paragraph 2.(b)(8) of this SFAR remains adequately tested and currently proficient for each aircraft, duty position, and type of operation in which the person serves.
(9)
(i)
(ii)
(A) Satisfy the qualification requirements specified in paragraph 2.(b)(2)(ii) of this SFAR, except
(
(
(
(B) Complete three hours of self-study, since January 1, 2020 and preceding the date of flight, on the following subjects—
(
(
(
(C) Complete Course ALC–103: Helicopter Weight and Balance, Performance at
(D) Complete Course ALC–104: Helicopter—General and Flight Aerodynamics at
(iii)
(B) A person who is required to complete a flight review under § 61.56 between October 1, 2020 and January 31, 2021 may act as a pilot in command of a Robinson model R–22 or R–44 helicopter, as appropriate, for a duration of two calendar months from the month in which the flight review was due. Before acting as pilot in command of an aircraft in the third month after the month in which the flight review was due, the person must satisfactorily complete a flight review in a Robinson model R–22 or R–44 helicopter, as appropriate to the privileges sought, in accordance with paragraph 2(c) of SFAR No. 73 of this part and § 61.56.
3.
(a)
(1)
(A) For first-, second-, and third-class medical certificates that expire between March 31, 2020 and September 30, 2020, the expiration date is extended for three calendar months;
(B) Except as provided in paragraph 3.(a)(1)(i)(C) of this SFAR, for first-, second-, and third-class medical certificates that expire between October 31, 2020 and January 31, 2021, the expiration date is extended for two calendar months; and
(C) For first-, second-, and third-class medical certificates that expire between October 31, 2020 and January 31, 2021, the expiration date is extended for three calendar months if the holder of the medical certificate resides in or serves as a pilot of an aircraft in the State of Alaska.
(ii) A certificate extended under this paragraph 3.(a)(1) is considered valid under § 61.2(a)(5).
(iii) Unless otherwise prohibited by a foreign country, a person may operate outside of the United States under this paragraph 3.(a)(1) if the person—
(A) Has access to this SFAR when outside the United States; and
(B) Presents a copy of this SFAR for inspection upon request by a foreign Civil Aviation Authority in accordance with the Convention on International Civil Aviation (Chicago Convention), and its Annexes.
(2)
(i) Within the 27-calendar month period preceding the month the applicant completes the practical test, if a knowledge test is required, provided the knowledge test was passed between March 1, 2018 and September 30, 2018;
(ii) Within the 63-calendar month period preceding the month the applicant completes the practical test for those applicants who complete the airline transport pilot certification training program in § 61.156 and pass the knowledge test for an airline transport pilot certificate with a multiengine class rating, provided the knowledge test was passed between March 1, 2015 and September 30, 2015;
(iii) Within the 26-calendar month period preceding the month the applicant completes the practical test, if a knowledge test is required, provided the knowledge test was passed between October 1, 2018 and January 31, 2019; or
(iv) Within the 62-calendar month period preceding the month the applicant completes the practical test for those applicants who complete the airline transport pilot certification training program in § 61.156 and pass the knowledge test for an airline transport pilot certificate with a multiengine class rating, provided the knowledge test was passed between October 1, 2015 and January 31, 2016.
(3)
(b)
(1)
(ii) Except as provided in paragraph 3.(b)(1)(iii) of this SFAR, for a person acting as a flight engineer of an aircraft, the expiration date of a second-class (or higher) medical certificate that expires between October 31, 2020 and January 31, 2021 is extended 2 calendar months from the original expiration date.
(iii) For a person acting as a flight engineer of an aircraft, the expiration date of a second-class (or higher) medical certificate that expires between October 31, 2020 and January 31, 2021 is extended 3 calendar months from the original expiration date if the flight engineer resides in or serves as a flight engineer in an aircraft in the State of Alaska.
(iv) Unless otherwise prohibited by a foreign country, a person may operate outside of the United States under this paragraph 3.(b)(1) if the person:
(A) Has access to this SFAR when outside the United States; and
(B) Presents a copy of this SFAR for inspection upon request by a foreign Civil Aviation Authority in accordance with the Convention on International Civil Aviation (Chicago Convention), and its Annexes.
(2)
(ii) An applicant for a flight engineer certificate or rating may satisfy the knowledge requirement in § 63.35(d) of this chapter by passing the required written test within the 26-calendar month period preceding the month the applicant completes the practical test, provided the written test was passed between October 1, 2018 and January 31, 2019.
(c)
(1)
(ii) An applicant for an aircraft dispatcher certificate may satisfy the knowledge requirement in § 65.55(b) of this chapter by presenting satisfactory evidence that the applicant passed the knowledge test within the 26-calendar month period preceding the month the
(2)
(ii) A person may show eligibility for a mechanic certificate or rating under § 65.71 of this chapter by passing all the prescribed tests of part 65, subpart D, of this chapter within a period of 26 months, provided the testing period began between October 1, 2018 and January 31, 2019.
(3)
(i)
(ii)
(4)
(d)
(i) Is eligible in accordance with paragraph 2 of SFAR No. 100–2 of this part;
(ii) Complies with the documentation requirements specified in paragraph 3 of SFAR No. 100–2 of this part; and
(iii) Returned to the United States from deployment between October 2019 and March 2020.
(e)
(1)
(i)
(A) The provisional pilot school must satisfy the requirements of § 141.5(a) through (e) of this chapter before December 31, 2020;
(B) The provisional pilot school certificate must expire between April 2020 and June 2020; and
(C) The provisional pilot school meets the requirements of paragraph 3.(e)(1)(ii) of this SFAR.
(ii)
(A) The provisional pilot school must notify its responsible Flight Standards office that it is applying for a pilot school certificate in accordance with this SFAR.
(B) Each provisional pilot school must include in its notification an acceptable plan that explains the method to meet the requirements of § 141.5(d) and (e) of this chapter, including—
(
(
(2)
(i)
(A) The pilot school must meet § 141.27(a)(2) of this chapter before December 31, 2020;
(B) The pilot school certificate must expire between April 2020 and June 2020; and
(C) The pilot school meets the requirements of paragraph 3.(e)(2)(ii) of this SFAR.
(ii)
(A) Each pilot school must submit to the responsible Flight Standards office notification that it will renew its pilot school certificate in accordance with this SFAR.
(B) Each pilot school must include in its notification an acceptable plan that explains the method to regain currency, including—
(
(
4.
(a) The air carrier or operator must hold a special flight permit with continuing authorization to conduct a ferry flight program issued under § 21.197(c) of this chapter; and
(b) The certificate holder or management specification holder must notify the responsible Flight Standards office each time the special flight permit is used for the purpose of flying the aircraft to a point of storage.
5.
6.
49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 45102–45103, 45301–45302.
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 45102–45103, 45301–45302.
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 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); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5); Sec. 333 of Pub. L. 112–95, 126 Stat. 75.
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 106(g), 40113, 44701–44702, 44705, 44710–44711, 44713, 44716–44717, 44722.
For the text of SFAR No. 118–2, see part 61 of this chapter.
49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709, 44711, 45102–45103, 45301–45302.
For the text of SFAR No. 118–2, see part 61 of this chapter.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC.