[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Rules and Regulations]
[Page 18555-18559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap07-21]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 63, 65 and 187
Fees for Certification Services and Approvals Performed Outside the
United States; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 65, and 187
[Docket No.: FAA-2007-27043; Amendment Nos. 61-116, 63-35, 65-49, 187-
4]
RIN 2120-AI77
Fees for Certification Services and Approvals Performed Outside
the United States
AGENCY: Federal Aviation Administration, DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This rule amends the regulations pertaining to payment of fees
to the FAA for certification services performed outside the United
States. Until now, fees could be paid by check, money order, wire
transfer, or draft, payable in U.S. currency and drawn on a U.S. bank.
Currently, fees for certain aircraft flights transiting U.S.-controlled
airspace can be paid by credit card. The rule amends the regulations
also to allow payment by credit card for certification services
performed outside the U.S.
This change is necessary to make payment for certification services
consistent with payment for other services. It will also expedite
payments and support the U.S. Department of the Treasury electronic
commerce program.
Also, this rule amends the regulations where it is unclear that
fees for airmen certification services apply to all applicants located
outside the United States, regardless of citizenship. This action is
necessary to provide consistency within FAA regulations.
DATES: Effective June 11, 2007.
Comments for inclusion in the Rules Docket must be received on or
before May 14, 2007.
ADDRESSES: You may send comments [identified by Docket Number FAA-2007-
27043] using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management System; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov or to Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Emily A. White, FAA, AFS-50, 800
Independence Ave., SW., Washington, DC 20591, Telephone: 202-385-8073,
Fax: 202-493-5888.
SUPPLEMENTARY INFORMATION: This rulemaking amends Sec. 187.15(a) to
allow the use of a credit card to pay fees to the FAA for certification
services performed outside the United States. Until now, fees could be
paid by check, money order, wire transfer, or draft, payable in U.S.
currency and drawn on a U.S. bank. Section 187.15(d) already allows the
use of a credit card to remit amounts less than $1,000 for certain
aircraft flights transiting U.S.-controlled airspace. This rulemaking
makes sections (a) and (d) consistent in the methods of payment.
At the time of the original rulemaking, FAA offices were not set up
to receive credit card payments and such use was specifically omitted
from the 1995 final rule (60 FR 19631) amending part 187. With advances
in electronic commerce over the years, there is now distinct value in
accepting credit card payment of fees. Further, as FAA accounting
systems and offices continue to be consolidated, collecting user fees
by credit card allows more timely receipt and provides FAA customers
with a convenient method to pay for services. The use of credit card
payment supports the U.S. Department of Treasury electronic commerce
program. The payment of fees by credit card will be handled through the
U.S. Department of Treasury pay.gov program.
This rulemaking also amends Sec. Sec. 61.13(a)(2), 63.11 and
65.11. The 1995 final rule (60 FR 19631) to amend fees under 14 CFR
part 187, appendix A, specifically addressed the fact that user fees
extended to all applicants located outside the United States,
regardless of citizenship. The final rule brought these regulations in
line with the nondiscrimination principles of multilateral trade
agreements to which the U.S. is a signatory. These include the
principles of the General Agreement on Tariffs and Trade (GATT),
including the GATT Aircraft Code and the General Agreement on Trade in
Services. When part 187 was amended, other regulations in 14 CFR should
have been revised for consistency. These are Sec. Sec. 61.13(a)(2),
63.11 and 65.11.
Section 61.13(a)(2) currently requires an ``applicant who is
neither a citizen of the United States nor a resident alien of the
United States'' to show evidence of paying the correct fee prescribed
in appendix A to part 187. This must be done when the person applies
for a student pilot certificate issued outside the United States or a
knowledge test or practical test administered outside the United
States. This rulemaking changes the current wording to make it clear
that an applicant's citizenship is not at issue. The revised wording
also states the fees are for ``airmen certification services.'' There
is no need to enumerate those services because they are addressed in
appendix A to part 187.
Sections 63.11 and 65.11 contain current wording that specifies:
``Each person who is neither a United States citizen nor a resident
alien and applies for written or practical test to be administered
outside the United States for any certificate or rating issued under
this part must show evidence the fee prescribed in appendix A of part
187 of this chapter has been paid.'' This rulemaking changes that
wording as follows: ``Each person who applies for airmen certification
services to be administered outside the United States for any
certificate or rating issued under this part must show evidence that
the fee prescribed in appendix A of part 187 of this chapter has been
paid.''
Theses changes provide consistency and update the outdated
language.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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
Subtitle VII, Part A--Air Commerce and Safety, Chapter 447--Safety
Regulation, Section 44702, Issuance of certificates, 44703, Airman
Certificates, and Chapter 453--Fees. Under those statutory provisions
the FAA is charged with
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prescribing regulations for promoting safety in civil air commerce,
issuing certificates, and charging and receiving fees for such
services. This regulation addresses matters within the scope of that
authority.
The Direct Final Rule Procedure
The FAA expects that this regulation will not result in adverse or
negative comment and therefore is issuing it as a direct final rule.
The only changes to the regulations are:
To add the ability to use a credit card to pay for FAA
certification services performed outside the United States, and
To clarify that fees for airmen certification services
apply to all applicants located outside the United States, regardless
of citizenship. U.S. citizens located outside the United States already
are paying fees in accordance with Title 14, Code of Federal
Regulations, part 187. This change will make the language throughout 14
CFR consistent. The applicability remains the same.
Unless a written adverse or negative comment, or a written notice
of intent to file an adverse or negative comment is received within the
comment period, the regulation will become effective on the date
specified above. After the close of the comment period, the FAA will
publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirm the date on which the
final rule will become effective. If the FAA does receive, within the
comment period, a written adverse or negative comment, or written
notice of intent to file such a comment, a document withdrawing the
direct final rule will be published in the Federal Register, and a
notice of proposed rulemaking may be published with a new comment
period.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://dms.dot.gov.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search); (2) Visiting the FAA's Regulations and Policy web page at http://
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. Therefore, any small entity that has a
question regarding this document may contact their local FAA official,
or the person listed under FOR FURTHER INFORMATION CONTACT. You can
find out more about SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have reviewed this rulemaking and determined there is no
information collection associated with it.
International Compatibility
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because there is not a comparable rule under ICAO standards.
Economic Evaluation, Regulatory Flexibility Act, Trade Impact
Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Public Law (P.L.) 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (P.L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act requires agencies to consider
international standards and, where appropriate, to be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (P.L. 104-
4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation). This portion of the
preamble summarizes the FAA's analysis of the economic impacts of this
direct final rule.
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If the expected cost impact is so minimal that a final
rule does not warrant a full evaluation, this order allows a statement
to that effect. The basis for the minimal impact must be included in
the preamble, if a full regulatory evaluation of the cost and benefits
is not prepared. Such a determination has been made for this rule. The
reasoning for that determination follows.
Since this final rule merely revises wording to ensure the
regulations are consistent throughout, this change will have a minimal
impact, and a regulatory evaluation was not prepared. As noted above,
the FAA requests comments with supporting justification on the FAA
determination of minimal impact.
FAA has, therefore, determined this rulemaking action is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures. In addition, the FAA has determined
that this rulemaking action: (1) Will not have a significant economic
impact on a substantial number of small entities; (2) will not affect
international trade; and (3) will not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) 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 RFA requires agencies
consider flexible regulatory proposals, to explain
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the rationale for their actions, and to invite comments. The RFA covers
a wide-range of small entities, including small businesses, not-for-
profit organizations and small governmental 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 agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
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 RFA provides the head
of the agency may so certify and a regulatory flexibility analysis is
not required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule merely revises wording to ensure the regulations
are consistent throughout; this change will have only a minimal impact
on any small entity affected by this rulemaking action.
Consequently, as the FAA Administrator, I certify the rulemaking
action will not have a significant economic impact on a substantial
number of small entities. As noted above, the FAA requests comments
with supporting justification regarding this determination.
Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
these international standards be the basis for U.S. standards. The FAA
has assessed the potential effect of this rulemaking action and has
determined that it will not impose costs on any international entities
and thus have a neutral trade impact.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (P.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 (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector. The FAA
currently uses an inflation-adjusted value of $128.1 million in lieu of
$100 million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we determined that this final rule does not have
federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312(d) and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 63
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Navigation (air), Reporting and recordkeeping requirements, Security
measures.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety, Drug abuse, Reporting and recordkeeping requirements,
Security measures.
14 CFR Part 187
Administrative practice and procedure, Air transportation.
Adoption of the Amendment
0
Accordingly, 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
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
2. Revise Sec. 61.13(a)(2) introductory text and (a)(2)(i) to read as
follows:
Sec. 61.13 Issuance of airman certificates, ratings, and
authorizations.
(a) * * *
(1) * * *
(2) An applicant--
(i) Must show evidence that the appropriate fee prescribed in
appendix A to part 187 of this chapter has been paid when that person
applies for airmen certification services administered outside the
United States.
* * * * *
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
3. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
4. Revise Sec. 63.11(a) to read as follows:
Sec. 63.11 Application and issue.
(a) An application for a certificate and appropriate class rating,
or for an additional rating, under this part must be made on a form and
in a manner prescribed by the Administrator. Each person who applies
for airmen certification services to be administered outside the United
States for any certificate or rating issued under this part must show
evidence that the fee prescribed in appendix A of part 187 of this
chapter has been paid.
* * * * *
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PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREW MEMBERS
0
5. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
6. Revise Sec. 65.11(a) to read as follows:
Sec. 65.11 Application and issue.
(a) Application for a certificate and appropriate class rating, or
for an additional rating, under this part must be made on a form and in
a manner prescribed by the Administrator. Each person who applies for
airmen certification services to be administered outside the United
States or for any certificate or rating issued under this part must
show evidence that the fee prescribed in appendix A of part 187 of this
chapter has been paid.
* * * * *
PART 187--FEES
0
7. The authority citation for part 187 continues to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 49 U.S.C.
106(l)(6), 40104-40105, 40109, 40113-40114, 44702.
0
8. Revise Sec. 187.15(a) to read as follows:
Sec. 187.15 Payment of fees.
(a) The fees of this part are payable to the Federal Aviation
Administration by check, money order, wire transfers, draft, payable in
U.S. currency and drawn on a U.S. bank, or by credit card payable in
U.S. currency, prior to the provision of any service under this part.
* * * * *
Issued in Washington, DC on March 26, 2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7-6884 Filed 4-11-07; 8:45 am]
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