Advanced Qualification Program

SUMMARY: The FAA establishes a new termination date for Special Federal

Aviation Regulation (SFAR) No. 58 (55 FR 40275; Oct. 2, 1990), which

provides for the approval of an alternate method (known as ``Advanced

Qualification Program'' or ``AQP'') for qualifying, training and

certifying, and otherwise ensuring the competency of crewmembers,

aircraft dispatchers, other operations personnel, instructors, and

evaluators who are required to be trained or qualified under parts 121

and 135 of the FAR. This action will establish a new termination date,

of October 2, 2000, for SFAR 58 to allow time for the FAA to complete

the rulemaking process that will incorporate SFAR 58 into the Federal

Aviation Regulations (FAR).

EFFECTIVE DATE: September 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. John Allen, Advanced Qualification Program Branch (AFS-230), Air

Transportation Division, Office of Flight Standards, Federal Aviation

Administration, P.O. Box 20027, Dulles International Airport,

Washington, D.C. 20041-2027; telephone (703) 661-0260.

SUPPLEMENTARY INFORMATION:

Background

On August 16, 1995, the FAA issued a notice of proposed rulemaking

proposing to extend the expiration date of SFAR 58 [60 FR 42764]. The

comment period closed on September 5, 1995; two comments were received.

The Air line Pilots Association and the Regional Airline Association

both supported the extension of SFAR 58 until October 2, 2000. The

amendment is adopted as proposed.

Good Cause Justification for Immediate Adoption

The reasons which justified the original issuance of SFAR 58 still

exist. Therefore, it is in the public interest to establish a new

expiration date for SFAR 58 of October 2, 2000. If the FAA publishes a

final rule incorporating SFAR 58 into the regulations before this

expiration date, SFAR 58 will be rescinded concurrently. In the

meantime, the continuation of SFAR 58 is necessary to permit continued

training under this program and to avoid the confusion that would

result if the program were discontinued.

For this reason, and because as a voluntary program the AQP imposes

no additional burden on any person, the FAA finds that the amendment

should be made effective immediately upon issuance. However, interested

persons are invited to submit such comments as they desire regarding

this amendment. Comments should identify the docket number and be

submitted in duplicate to the address above. All communications

received on or before the close of the comment period will be

considered by the Administrator, and this amendment may be changed in

light of the comments received. All comments will be available, both

before and after the closing date for comments in the Rules Docket.

Benefit/Cost Analysis

AQP is not mandatory. Consequently, those operators who choose to

participate in the program would do so only if it was in their best

interest. Enough operators have found it in their best interest that

AQP has become an important means for meeting the requirements for air

carrier training programs. As of March 1995, 18 carriers and 2

manufacturers have either applied to participate or are already

participating in the program. AQP gives air carriers flexibility in

meeting the safety goals of the training programs in parts 121 and 135

without sacrificing any of the safety benefits derived from those

programs. Thus, extending AQP for another 5 years would not impose any

additional costs nor decrease the present level of safety. Because this

extension--(1) is extending an existing program; (2) is voluntary; and

(3) has become an important means for some operators to comply with the

training requirements, the FAA finds that a full detailed regulatory

evaluation is not necessary.

International Trade Impact Analysis

The amendment would not constitute a barrier to international

trade, including the export of American goods and services to foreign

countries and the import of foreign goods and services into the United

States. Since air carriers will not participate in AQP unless it was in

their best interest, they likewise will not participate if it would

impose a competitive disadvantage on them. Also, the concept of AQP is

being embraced by foreign operators as well.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by Federal regulations. The RFA requires a

Regulatory Flexibility Analysis if a rule will have ``significant

economic impact on a substantial number of small entities.'' FAA Order

2100.14A outlines the FAA's procedures and criteria for implementing

the RFA. Since this action would extend what has become an important

means for some air carriers to comply with training requirements, the

extension will not impose costs above those that air carriers are

already incurring, and certainly not above what they would incur from

adopting a part 121 or part 135 training program. Thus, the rule if

issued, will not impose a significant economic impact on a substantial

number of small entities.

Federalism Implications

The regulation amended herein would not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Thus, in

accordance with Executive Order 12612, it is determined that this

regulation does not have federalism implications warranting preparation

of a Federalism Assessment.

Conclusion

The FAA has determined that this document involves an amendment

that imposes no additional burden on any person. Accordingly, it has

been determined that the action does not involve a major rule under

Executive Order 12291. Moreover, it is not significant under DOT

Regulatory Policies and Procedures (44 FR 11304; February 26, 1979).

List of Subjects

14 CFR Part 61

Air safety, Air transportation, Aviation safety, Safety.

14 CFR Part 63

Air Safety, Air transportation, Airmen, Aviation safety, Safety,

Transportation.

14 CFR Part 65

Airman, Aviation safety, Air transportation, Aircraft.

[[Page 51851]]

14 CFR Part 108

Airplane operator security, Aviation safety, Air transportation,

Air carriers, Airlines, Security measures, Transportation, Weapons.

14 CFR Part 121

Aircraft pilots, Airmen, Aviation safety, Pilots, Safety.

14 CFR Part 135

Air carriers, Air transportation, Airmen, Aviation safety, Safety,

Pilots.

The Amendment

In consideration of the foregoing, SFAR 58 (14 CFR parts 65, 108,

121, and 135) of the Federal Aviation Regulations is amended as

follows:

1. The authority citation for part 61 is revised to read as

follows:

Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-

44711, 45102-45103, 45301-45302.

2. The authority citation for part 63 is revised to read as

follows:

Authority: 49 U.S.C. 106(g); 40108, 40113, 40114, 44701-44703,

44707, 44709-44711, 45102-45103, 45301-45302.

3. The authority citation for part 65 is revised to read as

follows:

Authority: 49 U.S.C. 106(g); 40113, 44701-44703, 44707, 44709-

44711, 45102-45103, 45301-45302.

4. The authority citation for part 108 is revised to read as

follows:

Authority: 49 U.S.C. 106(g), 45103, 40113, 40119, 44701-44702,

44705, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.

5. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702,

44704-44705.

6. The authority citation for part 135 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-

44705, 44707-44717, 44722, 45303.

7. In part 121, SFAR 58 is amended by revising paragraph 13 to read

as follows:

Special Federal Aviation Regulation No. 58--Advanced Qualification

Program

* * * * *

13. Expiration. This Special Federal Aviation Regulation

terminates on October 2, 2000, unless sooner terminated.

Issued in Washington, DC on September 27, 1995.

David R. Hinson,

Administrator.

[FR Doc. 95-24545 Filed 9-28-95; 3:10 pm]

BILLING CODE 4910-13-M