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This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this period. Additionally, this SFAR provides regulatory relief to certain persons and pilot schools unable to meet duration and renewal requirements due to the outbreak.
This rule also allows certain air carriers and operators to fly temporary overflow aircraft, a need resulting from the outbreak, to a point of storage pursuant to a special flight permit with a continuing authorization.
Morgan faa. The FAA finds good cause under 5 U. 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 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. Additionally, other individuals may—to the extent possible given closures—attempt to satisfy requirements through means contrary to the national social distancing guidelines in order to avoid economic burdens resulting from non-compliance with FAA regulations.
The FAA recognizes that there are aviation operations outside of air carrier and commercial operations conducted under part of title 14 of the Code of Federal Regulations 14 CFR that are critical during the COVID outbreak, including operations that support essential services and flights that support fighting the outbreak. These operations are likely to face disruption due to a decreased supply of qualified pilots.
Since March and with each month thereafter, a new group of pilots becomes unavailable to perform critical operations because they cannot comply with certain training, recent experience, testing, or checking 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 during the national emergency. This action is also needed to provide immediate notification to individuals facing impending expiration dates for certificates, endorsements, and test results. Absent the relief in this rule, persons may attempt to satisfy certain requirements to avoid economic burdens associated with non-compliance, despite the fact that compliance would require acting contrary to the national social distancing guidelines.
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 it would delay 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.
In addition, for the same reasons stated above, the FAA finds good cause to waive the day delay in effective date of this final rule under 5 U.
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.
This rulemaking is promulgated under the authority described in 49 U. 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 outbreak. For these reasons, this rulemaking is within the scope of the FAA's authority. PIC—Pilot in Command.
SIC—Second in Command. Discussion of Final Rule. Relief for U. Regulatory Notices and Analyses. Executive Order Determinations. How to Obtain Additional Information. 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. Additionally, the FAA prescribes renewal requirements for inspection authorization holders, flight instructors, and pilot school certificates. Because of the national social distancing guidelines to prevent the transmission of COVID, persons have been unable to comply with several of the FAA's requirements.
The regulatory relief provided in this SFAR will enable the continuity of aviation operations that are critical during the COVID outbreak, including operations that support essential services and flights that support response efforts. Additionally, 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 outbreak that are outside of their control.
The FAA's regulations also contain requirements for special flight permits. The COVID public health emergency has resulted in a number of air carriers and operators needing to store aircraft long term.
This SFAR provides regulatory relief to temporary overflow aircraft to be flown to a point of storage with a continuing authorization. This SFAR is effective through March 31, , which is the longest duration of relief under this rule, provided to airman who hold inspection authorizations under part Each person exercising relief provided by this SFAR should understand the conditions and duration of such relief.
Generally, the FAA issues airman certificates to individuals upon successful completion of a knowledge test and practical test. Once an airman holds a certificate, the FAA's regulations contain additional training and qualification requirements that an airman must satisfy to continue exercising the privileges of the certificate or to conduct a particular operation in a specific aircraft. In addition, the FAA prescribes several duration requirements, such as those pertaining to the validity of knowledge tests and procedures for completing practical tests.
Virgin Islands. In another letter, [ 16 ] NBAA noted that private and recreational aircraft are used by businesses around the country to provide essential support.
The associations emphasized, however, that the general aviation industry also needs relief to ensure the continuity of operations and commerce during the COVID public health emergency. The industry associations also explained how various general aviation operations can be critical to the Nation and can play a crucial role in the U. For example, they noted that general aviation directly connects more than 5, public airports compared to the airports used by scheduled airlines.
Additionally, the associations stressed the importance of general aviation operations for lifesaving air medical missions, the movement of essential personnel and medical equipment, aerial applications for crops, forestry treatments, firefighting, and eradication of mosquitoes and other disease-carrying pests.
The associations further emphasized the importance of rotorcraft operations due to the vertical lift capability, which expands the range of locations at which operations can take place to support the movement of people, supplies, and critical services.
The associations also noted that rotorcraft support operations of a wide range of public safety service providers, including law enforcement, firefighting, and search and rescue. Without the 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 outbreak. Airmen have experienced difficulty complying with certain training, recency, checking, testing, duration, and renewal requirements as a result of stay-at-home advisories and social distancing implemented to slow the spread of the virus.
To comply with many of these requirements, an airman would have been 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.
As such, the airman would have had to increase the risk of transmission of the virus. Even as routine activity begins to resume, the disruption caused by such public health measures has impeded and will continue to impede training and qualification activities in the near-term, resulting in airmen qualifications lapsing either because persons cannot access training facilities or FAA inspectors are unavailable to conduct required tests, checks, or observations.
Furthermore, classroom-training environments, such as those provided by part pilot schools, may continue to introduce personnel to unnecessary risks of exposure. To enable the continuity of aviation operations that are critical to the Nation, the FAA finds it necessary to provide short-term relief from certain training, qualification, duration, and renewal requirements.
Each of the following sections explains the relief being granted, the airmen or air agencies eligible for the relief, and the mitigations the FAA finds necessary to ensure aviation safety is maintained.
As noted in the letters from industry, general aviation operators and crewmembers can be a key part of the U. The support that Start Printed Page general aviation provides is particularly critical at this time given the unprecedented disruption caused by the public health emergency.
Because public health measures requiring or recommending people to stay at home resulted in the inability of airmen to complete certain regulatory requirements and such disruptions are likely to continue in the short-term as routine activities begin to resume, the FAA finds temporary relief from some requirements is warranted to maintain critical operations and reduce burdens on airmen.
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 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 e. Additionally, this relief applies to some operations conducted by pilots exercising private pilot privileges, provided the pilot has at least hours of total time as a pilot of which 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:. 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 that person is essential to the purpose of the flight, such as when transporting doctors for the purpose of providing medical care.
This relief also extends to flight attendant crewmembers, check pilots, and flight instructors under part 91, subpart K, and part Finally, this relief applies to operations conducted under part of this chapter by a person who holds a remote pilot certificate issued under part Pilots exercising commercial pilot privileges have at least hours of flight time as a pilot and have been tested to a higher standard than private pilots.
The eligibility requirements for private pilots are consistent with conditions and limitations imposed on private pilots conducting charitable flights under a part 11 exemption. This SFAR addresses crewmember qualifications that have already lapsed as well as those that may lapse in the next few months, provided the crewmember is eligible for the relief and satisfies the safety mitigations before exercising their privileges.
The eligibility requirements and mitigations are discussed more fully in each subsection.
Type ratings for both pilots required under ICAO rules
Associations Address Relief for General Aviation
Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Outbreak